Journal of the Senate of the State of Georgia regular session 1997 volume two, commenced at Atlanta, Georgia, Monday, January 13, 1997 and adjourned Monday, March 28, 1997

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 TWO
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

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, March 21, 1997
Thirty-sixth Legislative Day
The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by Senator Starr of the 44th.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following 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 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County.
HB 1017. By Representative Hudgens of the 24th:
A bill to amend an Act establishing the board of commissioners of Madison County, so as to eliminate a provision relating to mandatory retirement of county employees.
HB 1018. By Representative Ponder of the 160th:
A bill to amend an Act incorporating the Town of Brinson in Decatur County to provide for additional and supplemental powers of the town.
HB 1019. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the State Court of Richmond County, so as to provide that the solicitor-general of the state court shall be a full-time solicitorgeneral holding office on the effective date of this Act.
HB 1020. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation.
HB 1021. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the compensation of the secretary of the judge of the state court.

FRIDAY, MARCH 21, 1997

1317

HB 1022. By Representative Floyd of the 138th: A bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, so as to provide for the nonpartisan election of members without a prior nonpartisan primary.
HB 1023. By Representative Floyd of the 138th:
A bill to provide a homestead exemption from certain Crisp County 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 1024. By Representative Poag of the 6th:
A bill to provide a homestead exemption from certain Murray 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.
HB 1025. By Representative Poag of the 6th:
A bill to provide a homestead exemption from certain Murray 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 1026. By Representative Murphy of the 18th:
A bill to amend the "Haralson County Water Authority Act," so as to change provisions relating to purchasing and sales by the authority.
HB 1027. By Representative Sims of the 167th:
A bill to amend an Act creating a board of education of Coffee County, so as to change the compensation of the members of the board of education.
HB 1028. By Representatives Bates of the 179th and Ponder of the 160th:
A bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the corporate limits of said city.
HB 1029. By Representative Lee of the 94th:
A bill to amend an Act entitled "An Act to reincorporate the City of Forest Park in the County of Clayton," so as to provide for a city council; to provide for elections and council districts.
HB 1030. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th: A bill to amend an Act creating a board of commissioners of Lowndes County, so as to change the composition of that board and provide for districts, elections, qualifications, terms, vacancies, powers, duties, voting and quorum.
HB 1031. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and others:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to change the provisions relating to the authority and jurisdiction of the City Manager of the City of Savannah.

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JOURNAL OF THE SENATE

HB 1032. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and others:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to provide that the chief judge shall be responsible for the supervision of the director of the recorder's court and the director shall report to the chief judge or his or her designee.
HB 1034. By Representative Coleman of the 142nd:
A bill to amend an Act creating the office of Commissioner of Dodge County, so as to change the composition of the governing authority of Dodge County; to provide for a multimember board of commissioners.
HB 1035. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and others:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide for the option of an in-house county attorney.
HB 1036. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of the state court.
HB 1037. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lee, so as to grant to such county the authority to levy and collect certain franchise fees.
HB 1038. By Representative McCall of the 90th:
A bill to change the manner of filling vacancies upon the board of the Hospital Authority of Wilkes County.
HB 1005. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and others:
A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to provide for an additional supplement to the salary of the chief judge of the Eastern Judicial Circuit.
SB 232. By Senator Griffin of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to change the compensation provisions relating to the solicitor-general of the State Court of Baldwin County.

FRIDAY, MARCH 21, 1997

1319

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 designation 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 prestige license plates and special plates for certain persons and vehicles.

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 contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract.

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.
The House has passed, by substitute, by the requisite constitutional majority the following bills 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 subject to certain limitations.

SB 107. By Senators Walker of the 22nd, Middleton of the 50th, Marable of the 52nd and others:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the practice of medicine in this state by physicians located in other states and foreign countries and provide for conditions and limitations relating thereto; to provide for legislative construction; to provide for patient rights.

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 payment for the provision of such procedures.

1320

JOURNAL OF THE SENATE

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
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.
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.
SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and others:
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 definition of the term "criminal offense against a victim who is a minor" to include federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions.
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 Signatures 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 House has adopted by the requisite constitutional majority the following resolution of the Senate:
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 House has agreed to the Senate amendment to the following bill of the House:
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.

FRIDAY, MARCH 21, 1997

1321

The following bills were introduced, read the first time and referred to committees:
SB 401. By Senator Ralston of the 51st:
A bill to provide a new charter for the Town of Talking Rock; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
Referred to Committee on State and Local Governmental Operations.
SR 366. By Senators Langford of the 29th and Broun of the 46th:
A resolution creating the Senate Study Committee on Controlled School Choice.
Referred to Committee on Rules.
SR 367. By Senator Thomas of the 10th:
A resolution creating the Senate Study Committee on Effectiveness and Efficiency in State Government.
Referred to Committee on Rules.
SR 368. By Senator Brush of the 24th:
A resolution recognizing the month of May, 1997, as "Motorcycle Awareness and You Month" in Georgia.
Referred to Committee on Transportation.
SR 371. By Senators Price of the 56th, Middleton of the 50th and Perdue of the 18th:
A resolution creating the Senate Study Committee on Appropriate Medicaid Reform.
Referred to Committee on Rules. The following bills were read the first time and referred to committee:
HB 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County.
Referred to State and Local Governmental Operations Committee.
HB 1017. By Representative Hudgens of the 24th:
A bill to amend an Act establishing the board of commissioners of Madison County, so as to eliminate a provision relating to mandatory retirement of county employees.
Referred to State and Local Governmental Operations Committee.

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JOURNAL OF THE SENATE

HB 1018. By Representative Ponder of the 160th:
A bill to amend an Act incorporating the Town of Brinson in Decatur County to provide for additional and supplemental powers of the town.
Referred to State and Local Governmental Operations Committee.
HB 1019. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the State Court of Richmond County, so as to provide that the solicitor-general of the state court shall be a full-time solicitorgeneral holding office on the effective date of this Act.
Referred to State and Local Governmental Operations Committee.
HB 1020. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation.
Referred to State and Local Governmental Operations Committee.
HB 1021. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the compensation of the secretary of the judge of the state court.
Referred to State and Local Governmental Operations Committee.
HB 1022. By Representative Floyd of the 138th:
A bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, so as to provide for the nonpartisan election of members without a prior nonpartisan primary.
Referred to State and Local Governmental Operations Committee.
HB 1023. By Representative Floyd of the 138th:
A bill to provide a homestead exemption from certain Crisp County 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 1024. By Representative Poag of the 6th:
A bill to provide a homestead exemption from certain Murray 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.

FRIDAY, MARCH 21, 1997

1323

HB 1025. By Representative Poag of the 6th:
A bill to provide a homestead exemption from certain Murray 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 1026. By Representative Murphy of the 18th:
A bill to amend the "Haralson County Water Authority Act," so as to change provisions relating to purchasing and sales by the authority.
Referred to State and Local Governmental Operations Committee.
HB 1027. By Representative Sims of the 167th:
A bill to amend an Act creating a board of education of Coffee County, so as to change the compensation of the members of the board of education.
Referred to State and Local Governmental Operations Committee.
HB 1028. By Representatives Bates of the 179th and Ponder of the 160th:
A bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the corporate limits of said city.
Referred to State and Local Governmental Operations Committee.
HB 1029. By Representative Lee of the 94th:
A bill to amend an Act entitled "An Act to reincorporate the City of Forest Park in the County of Clayton," so as to provide for a city council; to provide for elections and council districts.
Referred to State and Local Governmental Operations Committee.
HB 1030. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A bill to amend an Act creating a board of commissioners of Lowndes County, so as to change the composition of that board and provide for districts, elections, qualifications, terms, vacancies, powers, duties, voting and quorum.
Referred to State and Local Governmental Operations Committee.
HB 1031. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and Pelote of the 149th:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to change the provisions relating to the authority and jurisdiction of the City Manager of the City of Savannah.
Referred to State and Local Governmental Operations Committee.

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JOURNAL OF THE SENATE

HB 1032. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and Pelote of the 149th:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to provide that the chief judge shall be responsible for the supervision of the director of the recorder's court and the director shall report to the chief judge or his or her designee.
Referred to State and Local Governmental Operations Committee.
HB 1034. By Representative Coleman of the 142nd:
A bill to amend an Act creating the office of Commissioner of Dodge County, so as to change the composition of the governing authority of Dodge County; to provide for a multimember board of commissioners.
Referred to State and Local Governmental Operations Committee.
HB 1035. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and Day of the 153rd:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide for the option of an in-house county attorney.
Referred to State and Local Governmental Operations Committee.
HB 1036. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and Day of the 153rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of the state court.
Referred to State and Local Governmental Operations Committee.
HB 1037. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lee, so as to grant to such county the authority to levy and collect certain franchise fees.
Referred to State and Local Governmental Operations Committee.
HB 1038. By Representative McCall of the 90th:
A bill to change the manner of filling vacancies upon the board of the Hospital Authority of Wilkes County.
Referred to State and Local Governmental Operations Committee.
HB 1005. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and Pelote of the 149th:
A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to provide for an additional supplement to the salary of the chief judge of the Eastern Judicial Circuit.
Referred to State and Local Governmental Operations Committee.

FRIDAY, MARCH 21, 1997

1325

The following committee reports were read by the Secretary:

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

HB 204. Do pass by substitute.

HR 176. Do pass.

HR 21. Do pass.

HR 246. Do pass.

HR 22. Do pass. HR 43. Do pass. HR 113. Do pass. HR 145. Do pass. HR 168. Do pass.

HR 247. Do pass. HR 248. Do pass. HR 296. Do pass as amended. HR 313. Do pass.

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

Mr. President: The Committee on Consumer Affairs has had under consideration the following bills of
the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 71. Do pass by substitute.
HB 474. Do pass.
Respectfully submitted, Senator Henson of the 55th District, Chairman

Mr. President: The Committee on Education has had under consideration the following bill and reso-
lution of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 180. Do pass.
HR 362. Do pass by substitute.
Respectfully submitted, Senator Marable of the 52nd District, Chairman

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

HB 517. Do pass by substitute. HB 803. Do pass.

HB 888. Do pass by substitute.

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

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JOURNAL OF THE SENATE

Mr. President:

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

HB 96. Do pass.

HB 600. Do pass by substitute.

HB 465. 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 of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 914. Do pass by substitute.
Respectfully submitted, Senator Hill of the 4th District, Chairman

Mr. President: The Committee on Judiciary has had under consideration the following bills of the
House and has instructed me to report the same back to the Senate with the following recommendations:
HB 369. Do pass as amended.
HB 183. 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 bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 374. Do pass.

HB 761. Do pass.

HB 1013. Do pass.

HB 592. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 447. Do pass by substitute.

HB 791. Do pass.

HB 755. Do pass.

Respectfully submitted, Senator Bowen of the 13th District, Chairman

FRIDAY, MARCH 21, 1997

1327

Mr. President: The Committee on Reapportionment has had under consideration the following bill of
the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 958. Do pass.
Respectfully submitted, Senator Blitch of the 7th 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 249. Do pass.
Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President: The Committee on State and Local Governmental Operations has had under consider-
ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 635. 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 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 397. Do pass.

HB 948. Do pass.

SB 398. Do pass.

HB 965. Do pass.

HB 627. Do pass.

HB 966. Do pass.

HB 643. Do pass.

HB 967. Do pass.

HB 793. Do pass.

HB 969. Do pass.

HB 879. Do pass.

HB 973. Do pass.

HB 915. Do pass.

HB 975. Do pass.

HB 916. Do pass.

HB 980. Do pass.

HB 917. Do pass.

HB 986. Do pass.

HB 935. Do pass.

HB 989. Do pass.

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

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JOURNAL OF THE SENATE

The following bills and resolutions were read the second time:

SR 263 HB 71 HB 183 HB 284 HB 349 HB 398 HB 487 HB 528 HB 583 HB 620 HB 663 HB 791 HB 841 HB 914 HR 22 HR 176 HR 287 HR 382

SR 301 HB 96 HB 197 HB 307 HB 369 HB 420 HB 489 HB 533 HB 584 HB 621 HB 695 HB 803 HB 845 HB 958 HR 43 HR 246 HR 288 HR 398

SR 331 HB 104 HB 204 HB 309 HB 374 HB 433 HB 491 HB 543 HB 592 HB 630 HB 708 HB 830 HB 866 HB 963 HR 82 HR 247 HR 296 HR 457

SR 339 HB 112 HB 217 HB 322 HB 377 HB 447 HB 492 HB 558 HB 600 HB 635 HB 745 HB 833 HB 869 HB 1008 HR 113 HR 248 HR 313 HR 492

SR 351 HB 126 HB 233 HB 324 HB 383 HB 465 HB 505 HB 570 HB 604 HB 644 HB 755 HB 834 HB 888 HB 1013 HR 145 HR 249 HR 324

SR 353 HB 180 HB 283 HB 330 HB 387 HB 474 HB 517 HB 574 HB 612 HB 650 HB 761 HB 840 HB 889 HR 21 HR 168 HR 268 HR 362

Senator Price of the 56th moved that Senator Griffin of the 25th be excused.
On the motion, the yeas were 29, nays 0, the motion prevailed, and Senator Griffin was excused.
Senator Price of the 56th moved that Senator Ray of the 48th be excused.
On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Ray was excused.
Senator Huggins of the 53rd moved that Senator Madden of the 47th be excused.
On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Madden was excused.
Senator Walker of the 22nd moved that Senator Thomas of the 10th be excused.
On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Thomas was excused.
Senator Perdue of the 18th asked unanimous consent that the Senate dispense with the morning roll call.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the morning roll call was dispensed with.
Senator Starr of the 44th, who was presiding, led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Harbison of the 15th introduced the chaplain of the day, Reverend Emmett Anniton of Columbus, Georgia, who offered scripture reading and prayer.
The following resolutions were read and adopted:

SR 369. By Senator Brush of the 24th: A resolution honoring Robert Waller.

SR 372. By Senator Thompson of the 33rd: A resolution commending Life College's Mens Track and Field Team.

SR 373. By Senator Brush of the 24th: A resolution commending Denise L. Pennywell.

FRIDAY, MARCH 21, 1997

1329

SR 374. By Senator Madden of the 47th:
A resolution commending Thomas Wigglesworth.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
Senate Local Consent Calendar Friday, March 21, 1997
THIRTY-SIXTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 397 Boshears, 6th PIERCE COUNTY
Amends an Act creating a Board of Commissioners of Pierce County, so as to provide for a vacancy in the office of chairperson.
SB 398 Crotts, 17th BUTTS COUNTY
Amends an Act entitled "An Act to provide for the election of the Butts County Board of Education," so as to provide for nonpartisan elections of the members of the board of education.
HB 627 Huggins, 53rd WALKER COUNTY
Creates a board of elections and registration for Walker County and provides for its powers and duties.
HB 643 Kemp, 3rd MCINTOSH COUNTY
Amends an Act creating the Board of Commissioners of Mclntosh County and amends an Act creating the Board of Education of Mclntosh County, so as to provide for new commissioner districts.
HB 793 Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd Henson, 55th DEKALB COUNTY
Amends an Act providing for the compensation of certain officers and officials of DeKalb County, so as to change the compensation of the tax commissioner.
HB 879 Kemp, 3rd MCINTOSH COUNTY
Provides that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mclntosh County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law.

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JOURNAL OF THE SENATE

HB 915 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends 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 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act creating the Cobb Judicial Circuit, so as to provide for appointment of senior assistant district attorneys and their compensation.
HB 917 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act creating the Cobb Judicial Circuit so as to change the provisions relative to the number of assistant district attorneys.
HB 935 Kemp, 3rd TOWN OF MIDWAY
Amends 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.
HB 948 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends 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 965 Boshears, 6th CITY OF JESUP
Amends an Act creating the City Court of Jesup, so as to change the terms of such court.
HB 966 Boshears, 6th CITY OF ODUM
An Act to reincorporate and provide a new charter for the City of Odum.

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HB 967 Turner, 8th CITY OF VALDOSTA
Entitle an Act to provide for the creation of one or more community improvement districts in the City of Valdosta.

HB 969 Crotts, 17th HENRY COUNTY
Amends an Act providing for a new Board of Commissioners of Henry County, so as to change the provisions relating to qualifications of the members and chairperson of such board.

HB 973 Crotts, 17th HENRY COUNTY
Increases, from $4,000.00 to $15,000.00 over an eight-year period, the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes.

HB 975 Crotts, 17th HENRY COUNTY
Provides a homestead exemption from certain Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over.

HB 980 Brush, 24th WILKES COUNTY
Amends an Act providing an annual salary for the Wilkes County coroner, so as to allow discretionary employment benefits to be paid to the coroner.

HB 986 Hooks, 14th CITY OF BYRON
Creates the Byron Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Byron.

HB 989 Madden, 47th BANKS COUNTY

Provides a homestead exemption from certain Banks 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 report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th Brush

Burton Cagle Cheeks Clay

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Crotts Dean Egan Fort Gillis Glanton Guhl Harbison 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 Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Gochenour Griffin (excused) Henson

Huggins Scott Starr (presiding)

Stokes Walker

On the passage of the local bills, the yeas were 48, nays 0.
The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.
The President assumed the Chair.
The following communication was received by the Secretary:

STATE OF GEORGIA Office of the Governor Atlanta 30334-0900
March 21, 1997

Honorable Pierre Howard Lieutenant Governor and
President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334

Dear Lieutenant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable Dotty W. Roach of Fulton County, as Commissioner of the Department of Administrative Services for the term of office beginning June 6, 1996 to serve at the pleasure of the Governor.
The Honorable Stephen J. Adams of Gwinnett County, as a member of the State Board of Barbers for the term of office beginning June 17, 1996 and ending July 25, 1998.
The Honorable Charles W. Manning, Sr. of Laurens County, as a member of the State Board of Barbers for the term beginning June 17, 1996 and ending June 30, 1998.
The Honorable Sherman R. Day of Cobb County, the Honorable Violet Bennett of Wayne County and the Honorable Eddie L. Long of DeKalb County, as members of the Board of Children and Youth Services for the term of office beginning May 28, 1996 and ending July 6, 2000.
The Honorable William J. Shellem, Jr. of Muscogee County, as a member of the Board of Children and Youth Services for the term of office beginning May 28, 1996 and ending July 6, 1996.

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1333

The Honorable John C. Foster of Habersham County and the Honorable Robert L. Brown of DeKalb County, as members of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1, 2001.
The Honorable Bruce Hudson of Douglas County, as a member of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1, 1998.
The Honorable Charles B. Webster of Richmond County, as a member of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1, 1997.
The Honorable A.D. Frazier, Jr. of Fulton County, as a member of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1, 2000.
The Honorable Peggy I. Moon of Franklin County, as a member of the State Board of Cosmetology for the term of office beginning May 8, 1996 and ending August 8, 1998.
The Honorable Ollie Pendley of Douglas County, as a member of the State Board of Cosmetology for the term of office beginning May 8, 1996 and ending May 1, 1998.
The Honorable James Gowen Fendig of Chatham County, as a member of the State Forestry Commission for the term of office beginning May 22, 1996 and ending January 1, 2003.
The Honorable Larry S. Walker of Bibb County, as a member of the State Forestry Commission for the term of office beginning May 22, 1996 and ending January 1, 2002.
The Honorable Paul W. Byran, Jr. of Thomas County, as a member of the State Forestry Commission for the term of office beginning May 22, 1996 and ending January 1, 1997.
The Honorable Terrell Alien of Troup County, the Honorable J. Gregory Jones of Bibb County and the Honorable Hilton Hatchett Howell, Jr. of Fulton County, as members of the Board of Human Resources for the term of office beginning May 17, 1996 and ending April 6, 2002.
The Honorable Todd Jarrell of Muscogee County, as a member of the Board of Human Resources for the term of office beginning May 17, 1996 and ending April 6, 2001.
The Honorable David C. Garrett, III of DeKalb County and the Honorable Roger Willis of Gwinnett County, as members of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 1998.
The Honorable Rick Porter of DeKalb County, as a member of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 1999.
The Honorable Jerry Vereen of Colquitt County, the Honorable Arthur M. Gignilliat, Jr. of Chatham County and the Honorable Robert L. Head, Jr. of Union County, as members of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 2001.
The Honorable A. Ray Weeks of Gwinnett County, as a member of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 1997.
The Honorable J. Veronica Biggins of Fulton County and the Honorable Richard Robert Ensley of Bibb County, as members of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning December 30, 1996 and ending December 15, 2001.
The Honorable Barbara M. Dooley of Clarke County, as a member of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning June 3, 1996 and ending December 15, 1997.
The Honorable Bobby Wayne Hill of Cobb County, as a member of the Composite State Board of Medical Examiners for the term of office beginning May 2, 1996 and ending September 10, 1999.

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The Honorable William Bell of Clayton County and the Honorable Connell Stafford of Fulton County, as members of the Georgia Music Hall of Fame Authority for the term of office beginning May 17, 1996 and ending January 1, 2000.
The Honorable J.D. Caswell of Gwinnett County, the Honorable Walter C. McNeely of Glynn County and the Honorable Thomas W. Wheeler, Jr. of Fulton County, as members of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending January 1, 2004.
The Honorable Lamond Godwin of Fulton County and the Honorable William H. Whaley of Fulton County, as members of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending April 16, 1999.
The Honorable Benjamin G. Porter of Bibb County, as a member of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending January 1, 2003.
The Honorable James Reynolds, III of Greene County, as a member of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending April 16, 2001.
The Honorable Glenn E. Taylor of Fulton County, as a member of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending April 16, 2004.
The Honorable Tom Carey of Fulton County, as a member of the Nonpublic Postsecondary Education Commission for the term of office beginning January 14, 1997 and ending July 1, 1997.
The Honorable Bonnie C. Cleland of Chatham County, the Honorable Roy Rucks of Gwinnett County, the Honorable William A. Tomlin of Meriwether County and the Honorable Lillie R. Tripp of Greene County, as members of the Nonpublic Postsecondary Education Commission for the term of office beginning January 14, 1997 and ending July 1, 1999.
The Honorable Louisa Franklin of Towns County, the Honorable Wade W. Herring of Bibb County and the Honorable Janie Hudson of Douglas County, as members of the Nonpublic Postsecondary Education Commission for the term of office beginning January 14, 1997 and ending July 1, 1998.
The Honorable Betty Ann Cook of DeKalb County, as a member of State Board of Pardons and Paroles for the term of office beginning January 7, 1997 and ending December 31, 2003.
The Honorable Walter S. Ray of Coffee County, as a member of the State Board of Pardons and Paroles for the term of office beginning March 29, 1996 and ending December 31, 1997.
The Honorable Claybon J. Edwards of Peach County, as a member of the State Personnel Board for the term of office beginning January 23, 1997 and ending January 3, 2002.
The Honorable Anne H. Kaiser of DeKalb County, as a member of the State Personnel Board for the term of office beginning January 23, 1997 and ending January 3, 2000.
The Honorable Robert Wagner of DeKalb County, as a member of the State Personnel Board for the term of office beginning January 23, 1997 and ending January 3, 2001.
The Honorable Donald Haralson of Crisp County, as a member of the Board of Public Safety for the term of office beginning March 12, 1997 and ending January 20, 2000.
The Honorable A.W. Dahlberg of DeKalb County and the Honorable George M.D. Hunt, III of Tift County, as members of the Board of Regents of the University System of Georgia for the term of office beginning January 7, 1997 and ending January 1, 2004.
The Honorable Eldridge McMillan of Fulton County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 7, 1997 and ending January 1, 2003.
The Honorable Glenn S. White of Gwinnett County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 7, 1997 and ending January 1, 1998.

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1335

The Honorable Donna Novak Coles of Cobb County, as a member of the Georgia Student Finance Commission for the term of office beginning May 20, 1996 and ending March 15, 2001.
The Honorable Mattie Hicks of Liberty County, as a member of the Georgia Student Finance Commission for the term of office beinning May 20, 1996 and ending March 15, 2002.
The Honorable Patsy H. Upchurch of Carroll County, as a member of the Georgia Student Finance Commission for the term of office beginning May 14, 1996 and ending March 15, 2001.
The Honorable Thomas Sidney Yow, III of Towns County, as a member of the Georgia Student Finance Commission for the term of office beginning May 14, 1996 and ending March 15, 2002.
The Honorable Charles A. Harris of Irwin County, as a member of the State Board of Technical and Adult Education for the term of office beginning June 6, 1996 and ending June 30, 2000.
The Honorable Donald Pope of Bibb County and the Honorable Robert L. Silverman of DeKalb County, as members of the State Board of Technical and Adult Education for the term of office beginning June 6, 1996 and ending June 30, 2000.
Sincerely,
Isl Zell Miller
The following bill was taken up to consider House action thereto:
SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and Bowen of the 13th:
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 definition of the term "criminal offense against a victim who is a minor" to include federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions.
The House amendments were as follows:
House Amendment #1: Amend SB 105 by striking on line 1 of page 1 the word "To" and inserting in lieu thereof the following:
"To provide for legislative findings; to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the penalty for the rape of a person who is less than 12 years of age on the date of the offense and the penalty for aggravated sodomy of a person who is less than 12 years of age on the date of the offense; to provide for the imposition of the death penalty for such offenses; to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide for the imposition of the death penalty for the rape of a person who is less than 12 years of age on the date of the offense and to provide for the imposition of the death penalty for aggravated sodomy of a person who is less than 12 years of age on the date of the offense; to provide for additional aggravating circumstances; to".
By inserting immediately following line 29 of page 1 the following:
"SECTION 1.
The General Assembly of Georgia finds and declares that it is the public policy of this state to protect children from the heinous crimes of rape and aggravated sodomy. While the General Assembly recognizes the decision of the Supreme Court of the United States in the case ofCokerv. Georgia, 433 U.S. 584, 97 S. Ct. 2861, 53 L. Ed. 2d 982 (1977), reversing a

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sentence of death imposed for the rape of an adult, it is the belief of the General Assembly that the Supreme Court of the United States did not prohibit or express any intention to prohibit the imposition of the death penalty for such crimes against children. In recognition of the serious increase in the incidence of these terrible sexual offenses against children and the devastating results of the offenses, society has an obligation to impose the ultimate penalty for these offenses against children.
SECTION 2.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by inserting in Code Section 16-6-1, relating to rape, a new subsection (b.l) to read as follows:
'(b.l) Notwithstanding the provisions of subsection (b) of this Code section, a person convicted of the offense of rape of a person who is less than 12 years of age on the date of the offense shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of rape of a person who is less than 12 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.'
SECTION 3.
Said chapter is further amended by inserting in Code Section 16-6-2, relating to sodomy and aggravated sodomy, a new subsection (b.l) to read as follows:
'(b.l) Notwithstanding the provisions of subsection (b) of this Code section, a person convicted of the offense of aggravated sodomy of a person who is less than 12 years of age on the date of the offense shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of aggravated sodomy of a person who is less than 12 years of age on the date of the offense shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.1 and 17-10-7.'
SECTION 4.
Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by striking subsection (b) of Code Section 17-10-30, relating to the procedure for the imposition of the death penalty generally, and inserting in lieu thereof the following:
'(b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence:
(1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony;
(2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree;
(3) The offender, by his act of murder, armed robbery, or kidnapping, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;
(4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value;

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(5) The murder of a judicial officer, former judicial officer, district attorney or solicitorgeneral, or former district attorney, solicitor, or solicitor-general was committed during or because of the exercise of his or her official duties;
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;
(7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim;
(8) The offense of murder was committed against any peace officer, corrections employee, or fireman while engaged in the performance of his official duties;
(9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or
(10) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or another:; or
(11) The offense of rape or aggravated sodomy was committed against a person who was less than 12 years of age on the date of the offense.' ".
By redesignating Sections 1 through 3 as Sections 5 through 7.
House amendment #2: Amend SB 105 by striking in its entirety line 26 of page 1 and inserting in lieu thereof the following:
"the public; to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to the offenses of child molestation and aggravated child molestation, so as to provide for a distinction between offenses involving and not involving the touching of the child; to provide for increased penalties for offenses involving the touching of the child; to provide for related matters; to provide an".
By adding after line 29 of page 8 the following:
"SECTION 2.
Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to the offenses of child molestation and aggravated child molestation, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-6-4 to read as follows:
'16-6-4.
(a) A person commits the offense of child molestation in the first degree when he or she does any immoral or indecent act involving the touching of the child to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b) A person convicted of a first offense of child molestation in the first degree shall be punished by imprisonment for not less than seven nor more than 25 years.
fa)(c) A person commits the offense of child molestation in the second degree when he or she~cloes any immoral or indecent act not involving the touching of the child to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
fbXd) A person convicted of a first offense of child molestation in the second degree shall be punished by imprisonment for not less than five nor more than 20 years.
(e)) Upon such a first conviction of the offense of child molestation in the first or second degree, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for

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such first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or subsequent conviction of an offense of child molestation in the first or second degree, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation in the first or second degree, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
fc)(f)) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
(dXg) A person convicted of the offense of aggravated child molestation shall be punished by "imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.' "
By renumbering existing Sections 2 and 3 as Sections 3 and 4.
Senator Taylor of the 12th moved that the Senate disagree to the House amendments to SB 105.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 105.
The following bill was taken up to consider House action thereto:
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 enclosed space at any polling place; to provide what shall constitute proper identification; to provide for an alternative procedure for certification of identification.
The House amendments were as follows:
House amendment #1: Amend SB 273 as follows: Page 2 line 30 after the period add a new sentence to read:
"Such person shall be allowed to vote without undue delay."
Page 4 line 9 after the period add a new sentence to read:
"Such person shall be allowed to vote without undue delay."
House amendment #2:
Amend SB 273 by striking lines 18 and 19 of page 2 and inserting in lieu thereof the following:
"(11) A certified copy of the elector's birth certificate;".
By striking on line 26 of page 2 the words "an affidavit" and inserting in lieu thereof the words "a statement under oath".
By striking on line 31 of page 2 the word "affidavit" and inserting in lieu thereof the words "statement under oath".
By striking on line 33 of page 2 the word "affidavit" and inserting in lieu thereof the word "statement".

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By striking lines 34 and 35 of page 3 and inserting in lieu thereof the following:
"(11) A certified copy of the elector's birth certificate;".
By striking in line 5 of page 4 the words "an affidavit" and inserting in lieu thereof the words "a statement under oath".
By striking on line 10 of page 4 the word "affidavit" and inserting in lieu thereof the words "statement under oath".
By striking on line 12 of page 4 the word "affidavit" and inserting in lieu thereof the word "statement".
House amendment #3:
Amend House amendment #4 to SB 273 as follows:
Page 1 line 40 and 41 strike
"; and the signature or mark of the elector".
House amendment #4:
Amend SB 273 by adding after line 7 of page 1 the following:
"to provide for signatures or marks on absentee ballot applications; to provide for the verification of the signature or mark on the oath of absentee elector with said application; to provide for related matters;".
By adding after line 10 of page 1 the following:
SECTION 1.
Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making application for absentee ballot in elections and primaries generally, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(a)(l) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; ami the name and relationship of the person requesting the ballot if other than the elector; and the signature or mark of the elector. Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out of county address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine

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residing with or accompanying said member or overseas citizen for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.'
SECTION 2.
Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots in elections and primaries generally, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(a)(l) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark orfthe absentee elector's application for absentee ballot for a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope "Rejected," giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and three copies of the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.' "
By striking lines 12 and 13 of page 1 and inserting in lieu thereof the following:
"Said title is further amended by adding at the end of Part 1 or.
By renumbering existing Section 1 as Section 3.
By adding after line 33 of page 2 the following:
SECTION 4.
Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3283, relating to making application for absentee ballot in municipal primaries and elections, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Any absentee elector may make an application either by mail, by facsimile transmission, or in person in the absentee ballot clerk's office to the absentee ballot clerk for an

FRIDAY, MARCH 21, 1997

1341

official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughterin-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector; and the signature or mark of the elector. No absentee ballot shall be mailed to an address other than the elector's permanent address as recorded on the elector's voter registration record or temporary address outside of the municipality. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness.'
SECTION 5.
Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-3-286, relating to safekeeping and certification of absentee ballots received from electors in municipal primaries and elections, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(a)(l) The absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark~on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the elector's oath. Each elector's name so certified shall be listed by the absentee ballot clerk on a numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if his or her signature does not appear to be valid, or if the elector has failed to furnish required information or the information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the absentee ballot clerk shall write across the face of the envelope "Rejected," giving the reason therefor. The absentee ballot clerk shall promptly notify the elector of such rejection; and a special set of numbered lists of voters shall also be prepared for rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for the numbered lists of voters. All absentee ballots received by the absentee ballot clerk after the closing of the polls on the day of the primary or election shall not be certified or counted; shall be kept safely unopened by the clerk for the period of time required for the preservation of ballots used at the primary or election; and they shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.' "

1342

JOURNAL OF THE SENATE

By renumbering existing Sections 2 through 4 as Sections 6 through 8.
Senator Hill of the 4th moved that the Senate agree to the House amendments to SB 273.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th 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 Ragan Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Gochenour

Henson Price of 56th

Ralston Stokes

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 273.

SENATE RULES CALENDAR
Friday, March 21, 1997 THIRTY-SIXTH LEGISLATIVE DAY

HB 587 Drivers' licenses; certain records; amend provisions (Substitute) (AmendmentXPub Saf 18th) Walker 141st
HB 294 Corporations; amend provisions (AmendmentsXS Judy 40th) Martin 47th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 20, 1997.)

HB 397 Sheriffs; annual training; provisions (Pub Saf 19th) Jenkins 110th
HB 19 Elections; municipalities; qualifying period (Ethics 37th) Manning 32nd
HB 499 Special paralympic license plates; amend provisions (Trans 33rd) Hanner 159th
HB 345 Water supply systems; Class IV operators; education (C Aff 20th) Barfoot 155th
HB 500 Alcoholic beverages; counties or municipalities; prohibit certain liquor stores (S Judy 36th) Stanley 50th

FRIDAY, MARCH 21, 1997

1343

HB 255 Landlord and tenant; written brokerage agreements (Judy 29th) Barnes 33rd
HB 407 Pardons and Paroles, State Board; holding of elective office (Corr 31st) Dobbs 92nd
HB 460 State wide Reserve Ratio; amend provisions (I&L 29th) Lane 146th
HB 289 Sheriff Offices' Nomenclature Act of 1997; enact (Pub Saf 30th) Twiggs 8th
HB 415 Fire Extinguishers; certain firms; license not required (ST&I 37th) Ehrhart 36th
HR 271 Douglas County; convey property (Substitute)(F&PU 30th) Snelling 99th
HR 272 Taylor County; convey property (F&PU 14th) James 140th
HR 401 Fulton County; lease property (F&PU 36th) Orrock 56th
HB 622 Department of Children and Youth Services; change name to Department of Juvenile Justice (Corr 45th) Sinkfield 57th
HB 445 Nonprofit corporations; hospital authorities; amend provisions (Substitutes)(Amendments)(H&HS 50th) Childers 13th
Respectfully submitted, 1st Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:
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. Senate Sponsor: Senator Perdue of the 18th.
The Senate Public Safety Committee offered the following substitute to HB 587:
A BILL To be entitled an Act 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; to define the term "personal information"; to change the provisions relating to the records of the Department of Public Safety pertaining to applications for driver's licenses and information on licenses; to provide for the information to be included in drivers' records; to provide that certain drivers' records shall not be subject to open records laws; to provide the conditions under which the Department of Public Safety shall furnish a driver's operating record; to provide that nothing in this Act shall preclude the department from confirming or verifying the status of a driver's license or permit; to provide the conditions under which the department may disseminate personal information from a driver's record; to provide for the use of drivers' records and personal information disseminated by the department; to provide for verification that certain information regarding a driver has been released by the department; to provide for penalties; to provide for the maintenance and disclosure of the department's records regarding state identification cards; to provide for rules and regulations; to provide for fees to defray the department's costs of affording access or disseminating information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

1344

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding between paragraphs (13) and (14) in Code Section 40-5-1, relating to definitions applicable under said chapter, a new paragraph (13.5) to read as follows:
"(13.5) 'Personal information' means any information that identifies a person, including but not limited to an individual's fingerprint, photograph, or computerized image, social security number, driver identification number, name, address (other than five-digit ZIP code), telephone number, and medical or disability information."
SECTION 2.
Said chapter is further amended by striking Code Section 40-5-2, relating to records of the Department of Public Safety pertaining to applications for drivers' licenses and information on licenses, and inserting in lieu thereof a new Code Section 40-5-2 to read as follows:
"40-5-2.
(a) The Department of Public Safety shall maintain records regarding the drivers' licenses and permits issued by the department under this chapter. The drivers' records maintained by the department shall include:
(1) A record of The JepaUmuut shall file every application for a license received by it and shall maintain suitable indexes containing:
ffi(A) All applications granted; and
f2)(B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action;:
(2) Drivers' records received (b) Whenever an application fui a license is ibceived fiuui
copy uf such diivei's lecord from such other j ui ibdiction jurisdictions. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance; and:
(3) Records of (c) The Jepaitmenl shall dlsu file all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-554, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in paiagiaphs (1) and (2) of subsection (d) of this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest.
(b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that initial arrest reports, accident reports, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject

FRIDAY, MARCH 21, 1997

1345

to disclosure pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72 and related provisions. The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721.
fd)(c)(l) The driver's record provided by the department shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation^ such moving traffic violation convictions, and information pertaining to financial responsibility. The department shall furnish a cei tilled absUact of a driver's operating record or personal information from a driver's record under the following circumstances:
(A) With (1) In acciudance with the written instructions and consent of the driver upon whom the operating record has been made and compiled;
(2)(B) Pursuant to a written request, Co a peisuii who the depai Uiient has leasoii lu
believe intends lu uc Lilt: mlui iimliuii 111 tumieuliuii willi tlic unuci willing ui IIIBUI-
aiice for use by any insurer or insurance support organization, or by a self-insured entity^or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under pode Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a written request for a driver's operating record shall identify himself or herself and shall have certified that the information contained in the record will be used only for nu ullitu puipuse and the purpose specified in the request. Further, the person making the request shall certify that he or sHe has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; ami
f$XC)) In accordance with Article 7 of this chapter, the 'Georgia Uniform CommerciaFDriver's License Act.' Act';
J. lie ctuciLi tiut rilia.il iud LIU.C <an t?iiuiimi~citiiuii Ol ciiij~fciCCliJ.i3ii.li5 111 WliiCli tilt! llluiviU.u.d.1 was
convicted uf a muving liaffiu violation, such muvmg Uaffic viulatiuii miiviutimm, infuimatiun pertaining lu financial le&puiisibilily, and any ulhei mfunnalioii the department may cunbidui ueitineiit. The department shall piebciibe a fee fur fuuiisliiiig biu.li ab-
otiiiut tu tuvei tlie i;usl ul auiiiiiiioLciiiig lliia Uuuc cttiun, ouuli Ice nut Lvj t;Ai;ecu $10.00.
UuujcCL Lu ouLiDcuLiOii \tz) ul Llub CJutlc ocutiuii, cm_y jjei BUII wliu ouuiiuLo OL icv^ucsL itji 0.11
aUoli^iuL ul ~d iilivmg I euui u uLlici Lliciii \ji\K IAJ wlnOli lit: iri cxititldi ^Liic>LilllL tu tlii> LJuue
OCuLlUll OIlclll UC gUlILy ul a llllEtLIdllUclIlUi .
(Uj Ip (t;)(l) rNutwiLliBlciiiuiiig nay ul Llic JJIUVIOIUHD ui ouueCLiuli (u) ul Llns (Juuc
sectiuii, tile depai Uiieiit may fumish witlxuut chaige a cupy of auy diiver'b abstract to a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the driver's licensing agency of another state:; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished to the driver's licensing agency of another state shall be limited to name, address^ driver identification number, and medical or disability information;
(E) The depai tmuiit may alfeu famish withuul chaige at the wiilleii request uf Pursuant to a request from a public or private school system a copy uf the abstiact of concerning any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information; ~. It shall be unlawful fui' any peisun who receiver an abfetiacl uudei this
S U. Uoci; Liun Lu uiBtlusc ui uictlvc ULLy uSt: ClitiJful CAUti^jL ILL ^JKI lui nifciiitt; ul lua jLidiuitil,
IfU-ClOl JUUllUlcll, Ui DullUUl ULltlCb.
(2) jNutwilliotaiiuiiig an^ piuvioiuns ul auuoecLiun (u) ul Lliia (Juuc scutiun, tlic ue^Jcii t-
ny lui nirili witliuut uiicii ge a uu^j^y Oi any ui i vci o iuoti aut tO 3 cuLinty Ol 111-
cuucii L uuciiu Ol t:uu^cxtiuii. ft uucii il tn t^uucciLiuii iiict^ ULLLy i ev^Littit tlit; ill i v

1346

JOURNAL OF THE SENATE

fciuStr3.(jL OI ctii iliQiviu.U.S.1 Sc^Kni^ ttfli^jlOJ'iiitJilt/ ^ViLli Sucli uOcil'u. Hfcrii sClIOGl uUS u.lnlVtJil Ol"
ul an liiuiviuueil ciiipluyeu byisuCil uG&i'CL us &. SCiiOOl UiiS Cu'iVfer Eiilu iii&.y Oiily uS6 riildl
iiuStrtt;l< lor l/iit! JjLii'puSt; OI CteLtJi mining wlictliei' ducli nnliv id. U.u.1 ctlici.ll be ui i ciiitiill
sCliOOl UU-H uilvei.
(F) With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address driver identification number, and medical or disability information. Such access shall be provided and funded through the GeorgiaNet Authority, and the department shall bear no costs associated with such access; ami
(G) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
(i) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(ii) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual;
provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information?
(2) Nothing in this Code section shall preclude the department from confirming or verifying the status of a driver's license or permit
tf)(d)(l) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof.
(2) In response to a subpoena or upon the request of any aypioyiiale governmental ui judicial official, the department shall provide a duly authenticated copy of any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or his the commissioner's duly authorized representative.
(e) Upon written request, the department may provide copies of any record or personal information from any driver's record for use by any appropriate governmental official^ entity, or agency for the purposes of carrying out official governmental functions or legitimate governmental duties; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subsection shall be limited to name, address, driver identification number, and medical or disability information^
(f) The department is specifically authorized to disseminate the following records and information:
f^Xl) To TlltJ Uypdi tuieiit itiay , ujjuii ici^ucol, disseminate li um its i ewui ilo CO trie
United~States Selective Service System and the Georgia Crime Information Center, compilations of the names, most current addresses, license numbers, and dates of birth"

FRIDAY, MARCH 21, 1997

1347

of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person;. The depaitmeiit is fuiiliei aulhuiized lu piumulgalb mltis, regu-
lations, OT puliuieB governing Hit; iiiemis UJ wliit.li out.li miui uieitiuii will Dt?
tlio'SeiiiiiiciLetl li till! ITS i tt^til ilo1 CO Lilt: UiilLcil kjtdLcc* UcletLive ociviut; LJ_y otcili cilltl tilt?
2 Xiiiui'inciLiuii vJdiLei ciiitl us lui'tlici auLliui j.ictl tu ulicii gc n let; Lti tlciiciy

(2) To the military branches of the United States Department of Defense, Notwithstanding any utliei pruvioiuna uf this Code section, tlie depditmtiiit may, upun lequest

nut Lu eXctcu jiiuic Lliciii unue cvci^y twu inuiitiio, piuvitlt: ciuueso tu uitl tlisBeiiiiiiatt:
mfoimatiun fium its lecuido, including compilations of the names, dates of birth, sex, and most current addresses of licensees between the ages of 16 and 24 tu the militaiy biamJiub uf UieTJiiited States Depaitment uf Defence for the sole purpose of mailing recruiting and job opportunity information, provided that the department shall not be required to provide such a compilation more than once every two months;. Any iufor=

lllitliuil piuviilttl ^j ui o udii L tu Line ^iai ctgi d^jli rilictll uc iiiiiitcu Lu uiil_y Lilt: iimiit^o, Ucilco

Ol Ull til, SCA, clllU lllLloL IjULL 1 CllL tllUl CSBCO OT llUtJUSBCB Ol cl^J^lllUcllll& lul llucllSCO clllU
shall only be uisnd by the jiiilitaiy bituiclius uf Uie Uiiitud States Dupailmunl uf Defense in cuimtictiou with the mailiug uf muruitiiig and jub upuuiLunity iiifuimalion.

ouCii iiiIOrill&LiOll Siidil iiOL tie lu.rtilei* CtlS8t;iiilI13.tt;u. IO1* ^jCllJjust/S OLlit/i tiio.il tlit; cllS"

jrniniiy oeiu

ILH./ll Ul 1C,^L UiUlJ.^ ,ClilU JLIU V-*^J^"

until iiiauiui.1. A lit; ue^Jtii tiiidit i& tlULHUi"

httr liCtl

P1

Tegt*atrons-

ilcli access

lu i1 t!LlM'ds vri ut; cinu 1U.CU. (antl io ther autlluii/ctl

able lee lu

i L>i

rrrr-rn a

Jc

u

rrn+-

(fa)(3) To the Department of Human Resources, NutwithslaiiJiug any utluu piuvisiuns
01 tlllS vJOdfe SeCTilOU, tll^ Qt!^&rtlileTll/ Iila.y, UJjOiT lt:C[U.6St, Jji'OVlQe dCCeSci tO 3.iiCl QlSSciUl*1
nate uifuimatiuii fium its iucuidn, including compilations of the names, dates of birth, and most current addresses of licensees or applicants for licenses, tu the Dupai'tmenlrof Human Resources. Any information provided pursuant to this subsection hhall be lim-
IteO. to uilly t/llt; llililicS, lllOBt Clii*i'(3Ilt ddurcSScS, liCeilSt: ilu.illueilSj ciliu ttclt/tJS ut Dii*l/li Ol
licen&eeb ui applicants for licenses and shall only be used by the Department of Human Resources in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the 'Child Support Recovery Act'; Act.' Such infui matioii shall iiul be fuiUim disseminated fui pui puses uthei than IhlTTecoTr
Grj^OI Cllild. riUJipOrc. M/JIG QepSrtlllSllt is ^.LiLliui'lZttu. tO Jiroili dinette TUleS, l"6^U.iSt/1011S, Or
pullCleS jjJGVei'iiiHgJ LIlC iliealiS u_y wriiCir &.CCeBt! tu its reCOfuS will be mlui'ueu. anu. 10
lUl'tll^r ilUtilOi'iZtiQ tu Cill.l*^6 EL re3SOllfl.Ol^ Ice tO Qeliiiy its CO8T/S HlCUl*i*6Cl Hi cillui CliH
t/u Ol* u.isS^iliiiid.t'iii^1 "ifllOi'iiifltiOii COHLSrnlcu. IIJT Its
tr)(4) To Criminal justice ageiiciuii fehall furnish without chaige at Uie wiilUm inquest of a local fire or law enforcement department, a copy of the abstract of the driving record of any applicant for employment or any current employee. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department:;
(5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and for the purposes set forth in such Code section; and
(6) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code sectionT

c^jL tiri uLliei vVioe ^jltiviilcil ill Lliio (Jujc at;iytiuii, Lilt? ilt:^jcii LuieiiL olictll nut iLiiniDli IAJ i BUII *iiity cuin^jilciLiuijicj Ol Llic nctiimo OT ailili canes ul liuciiistJt;c> ur ci^j^rlii*aiilo It/i

1348

JOURNAL OF THE SENATE

s ui the names or addresses uf persons involved In motor vehicle accidents to be used fur commemial pui puses, except that the depaitment shall famish such infui luation
to ally pei'SOTr, COinptlliiy, U1 untity eliga^eu J~u tilt; gtltiiei'lll^ ui1 QiSSciiniititiOii OITIlewS lOi1
Lilt; ]ju.ljliu Gi1 tu a. jjtji'SOll iiiVOlVtsCl 1H I'eSticli'Cli.lilt; Ctepiii1LiiiciiL is ituVtiiuriZGU, to efeLfctuliBii
regulations Vu ililpidlJLtJut I lie reu,Uiit:iil6iitb OI iliiS (Jude Se-CtiOn.
(k) Notwithstanding any uther piuvisions uf this Code section, the department may pio-
cuiuse uf its business upon the wiitteu leleabe fiuai the Jiivni1 . A rental cai company shall be piuhibited fium disseminating or disclosing any infoimation flum d. Jiivei's upeiating ibcoid Lu any othei peisou ui entity, and any peisun viulaliug Uiin subbeitiuii bliall be guilty ufa uiibdmuuauui. Gucli access shall be provided and fuiided thiuugli the Geoi-
^ictrscL AuLlujiiL^, ciiiu tilt; clc^jcti LiutjiiL olitill ut;tii nu cuoLs cmSuuictLcLl wiLli ctLtuii cicucctk?.
The dbjjailmeuL ib aulhuiiznd lu piumulgaUi lules and legulatiuub ut!i;esbaiy to cany out
Llie jjiuvisiuiltj ul tills auu&t(..tiuii.
(g) The drivers' records and personal information disseminated by the department pursuant to this Code section may be used only by the authorized recipient and only for the authorized purpose. It shall be unlawful to disclose, distribute, or sell such records or information to an unauthorized recipient or for an unauthorized purpose. It shall be a violation of this Code section to make a misrepresentation or false statement in order to obtain access to or information from the department's records. Any person who knowingly and willfully violates the provisions of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished as provided in Code Section 17-10-4.
(h) The department shall maintain for four years a record of each release of a driver's operating record or personal information, including the name and address of the requesting party, the date of the release, and the provision of law authorizing the release. Such record of releases shall be reported to the affected driver upon written application by the driver, except that the department shall not report any information about the existence oTa release made in connection with a criminal investigation which is ongoing and which involves, though not necessarily focuses upon, such driver. Upon receipt of an application from a driver for such record of releases, the department shall have three business days to determine whether an ongoing criminal investigation is involved, and such determination shall be in the discretion of the commissioner. Where a release is not reported to~a driver because the underlying release involved an ongoing criminal investigation, th~e records concerning the underlying release shall be maintained for four years after the criminal investigation is closed and such records shall during such period after closure of the investigation be subject to disclosure upon application by the driver.
(i) The provisions of this Code section shall apply, where relevant, to the maintenance and disclosure of the department's records regarding state identification cards issued under Article 5 of this chapter.
(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information from its records; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00.
trXk)) The department, pursuant to rules and regulations promulgated by the commissioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information."
SECTION 3.
Said chapter is further amended by adding at the end of Article 5, relating to identification cards for persons without drivers' licenses, a new Code Section 40-5-105 to read as follows:

FRIDAY, MARCH 21, 1997

1349

"40-5-105.

The provisions of Code Section 40-5-2 regarding the maintenance and disclosure of department records shall apply, where relevant, to those records maintained or received by the department in connection with identification cards issued under this article."

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 Perdue of the 18th offered the following amendment:
Amend the committee substitute to HB 587 by striking lines 10 through 12 of page 6 and inserting in lieu thereof the following:
"shall be limited to name, address, and driver identification number and shall not include photographs, fingerprints, computer images, or medical or disability information. The personal information obtained by a business under this subparagraph shall not be resold or redisclosed for any other purpose without the written consent of the individual. Furnishing of information to a business under this subparagraph shall be pursuant to a contract entered into by such business and the state which specifies, without limitation, the consideration to be paid by such business to the state for such information and the frequency of updates?5!
On the adoption of the amendment, the yeas were 38, nays 0, and the Perdue amendment to the committee substitute was adopted.
Senator Glanton of the 34th offered the following amendment:
Amend the committee substitute to HB 587 by striking on line 4 page 5 after "furnished" through "state" on line 5,
adding on line 7 page 5 after "information;" "and driver's record unless a subpoena for the information is received by the department."
On the adoption of the amendment, Senator Glanton of the 34th 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 Brown of 26th Brush Burton Clay

Fort Glanton Gochenour Griffin Johnson of 2nd Johnson of 1st Kemp

Lamutt Price of 56th Ray Roberts Tanksley Thomas of 10th

Those voting in the negative were Senators:

Bowen Broun of 46th Cagle Crotts Dean Egan Gillis Guhl Harbison Henson

Hill Hooks Huggins Land Langford Madden Marable Middleton Perdue Price of 28th

Ragan Ralston Scott Starr Streat Taylor Thomas of 54th Turner Tysinger Walker

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Those not voting were Senators:

Abernathy Cheeks

James Oliver

Stokes Thompson

On the adoption of the amendment, the yeas were 20, nays 30, and the Glanton amendment to the committee substitute was lost.
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 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 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

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 James and Stokes.

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Broun of the 46th introduced the retiring University of Georgia President, Charles Knapp, commended by SR 160, adopted previously, who addressed the Senate briefly.
The following general bill of the House, having been read the third time and final action suspended on March 20, 1997, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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 dividend expressly so provides.

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The amendment offered by Senator Thompson of the 33rd and adopted on March 20, as it appears in the Journal of March 20, was automatically reconsidered and put upon its adoption.
Senators Oliver of the 42nd and Langford of the 29th offered the following amendment:
Amend the Thompson amendment to HB 294 by deleting lines 37-39 on page 5 and adding the following:
"(b) section 10 of this Act shall become effective on July 1, 1998."
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 Bowen Broun of 46th Cagle Dean Egan Fort

Glanton Gochenour Harbison Hill Kemp Langford Marable Oliver Perdue

Price of 28th Price of 56th Ralston Ray Scott Stokes Streat Walker

Those voting in the negative were Senators:

Brush Burton Cheeks Clay Crotts Gillis Griffin Guhl Hooks

Huggins James Johnson of 1st Lamutt Land Madden Middleton Ragan Roberts

Starr Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Boshears Brown of 26th

Henson Johnson of 2nd

On the adoption of the amendment, the yeas were 26, nays 26, and the Oliver amendment to the Thompson amendment was lost.
Senator Oliver of the 42nd moved that the Senate reconsider its action in defeating the amendment.
On the motion, the yeas were 19, nays 25; the motion was lost, and the amendment was not reconsidered.
Senator Price of the 56th offered the following amendment:
Amend the Thompson amendment to HB 294 by striking on line 12, page 3
from "to" through "by" on line 15
striking on line 18, page 3
from "which" through "section." on line 33
inserting on line 12, page 3 after apply "only upon"
inserting on line 18, page 3 after vote "."
On the adoption of the amendment, the yeas were 15, nays 29, and the Price amendment to the Thompson amendment was lost.

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On the adoption of the Thompson amendment, the yeas were 29, nays 15, and the Thompson amendment to HB 294 was adopted.
The amendment offered by Senator Egan of the 40th and adopted on March 20, as it appears in the Journal of March 20, was automatically reconsidered and put upon its adoption.
On the adoption of the amendment, the yeas were 40, nays 2, and the Egan amendment to HB 294 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 Gochenour

Griffin Guhl 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

Voting in the negative was Senator Harbison.

Those not voting were Senators:

Brown of 26th

Henson

Johnson of 2nd

On the passage of the bill, the yeas were 52, nays I.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Oliver of the 42nd gave notice that, at the proper time, she would move that the Senate reconsider its action in passing HB 294.
Senator Middleton of the 50th introduced the doctor of the day, Dr. Jeff Culpepper of Dahlonega, Georgia.
Senator Perdue of the 18th assumed the Chair.

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.
Senate Sponsor: Senator Streat of the 19th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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1353

On the 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 Fort Gillis Glanton

Gochenour Griffin Guhl Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver 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:

Brown of 26th Egan Harbison

Henson Hill Johnson of 2nd

Perdue (presiding) Price of 28th Tanksley

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Dean of the 31st moved that Senator Gillis of the 20th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Gillis was excused.

HB 19. By Representatives Manning of the 32nd, Parsons of the 40th, Sauder of the 29th and others:

A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of the qualifying period by municipal superintendents; to provide for a minimum and maximum number of days for qualifying; to provide that such days shall be consecutive.
Senate Sponsor: Senator Clay of the 37th.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Glanton

Gochenour Griffin Guhl 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

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Thomas of 54th Thomas of 10th

Thompson Turner

Tysinger Walker

Those not voting were Senators:

Balfour Bowen Brown of 26th Egan

Gillis (excused) Harbison Henson Johnson of 2nd

Perdue (presiding) Ragan Taylor

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

SB 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 House amendment was as follows:
Amend SB 176 by striking lines 8 through 15 of page 3 and inserting in lieu thereof the following:
"No facility operated as a day-care center, family day-care home, group-care facility, group day-care home, or similar facility or any operator of such a facility 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 Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.'"
Senator Price of the 56th moved that the Senate agree to the House amendment to SB 176.
On the motion, 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 Clay Crotts Dean Egan Fort Glanton
Gochenour

Griffin Guhl Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver

Price of 28th Price of 56th Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

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Those not voting were Senators:

Abernathy Bowen Brown of 26th Gillis (excused) Harbison

Henson Johnson of 2nd Madden Perdue (presiding)

Ragan Starr Taylor Walker

On the motion, the yeas were 43, nays 0, and the Senate agreed to the House amendment to SB 176.
The following resolution was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SR 236 by adding a new sentence between lines 31 and 32 to read, "this designation shall honor Mr. Willingham but not rename the 1-20 Loop."
and by striking on line 30 of page (1) the words, Powder Springs, and adding the word Atlanta.
Senator Thompson of the 33rd moved that the Senate agree to the House amendment to SR 236.
On the motion, 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 Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour Griffin

Guhl Harbison Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver

Price of 28th Price of 56th Ralston Ray Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Brown of 26th Cagle Gillis (excused)

Henson Johnson of 2nd Madden Perdue (presiding)

Ragan Roberts Taylor Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 236.
The Calendar was resumed.
Senator Thomas of the 10th assumed the Chair.

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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.
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:

Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour

Griffin Guhl Harbison 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Gillis (excused)

Henson Johnson of 2nd Oliver

Perdue Thomas of 10th (presiding) Walker

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

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 Annotated, 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.
Senate Sponsor: Senator Streat of the 19th.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th

Brush Burton Cagle

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Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour Griffin Guhl Harbison Hill Hooks

Hugging James 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Gillis (excused) Henson

Johnson of 2nd Johnson of 1st Oliver

Perdue Thomas of 10th (presiding) Walker

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

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.
Senate Sponsor: Senator Scott of the 36th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Glanton Gochenour Griffin

Guhl Harbison Hill Hooks Huggins James 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 Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Blitch

Egan Fort Gillis (excused)

Henson Johnson of 2nd Oliver

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Ragan Tanksley Thomas of 10th (presiding)

Thompson Walker

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

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 relationship, so as to provide for the effect of written real estate brokerage agreements and the construction thereof; to provide for the nature and scope of written brokerage agreements incorporated into leases.
Senate Sponsor: Senator Langford of the 29th.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean 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 Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brown of 26th Egan Fort

Gillis (excused) Henson James

Johnson of 2nd Thomas of 10th (presiding)

On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

SB 107. By Senators Walker of the 22nd, Middleton of the 50th, Marable of the 52nd and others:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the practice of medicine in this state by physicians located in other states and foreign countries and provide for conditions and limitations relating thereto; to provide for legislative construction; to provide for patient rights.

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The House substitute was as follows:
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 physicians, so as to change the provisions relating to physicians of other states and foreign countries entering this state for consultation; to provide for licensure of such physicians; 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 physicians, is amended by adding a new Code Section 43-34-31.1, immediately following Code Section 43-34-31, to read as follows:
"43-34-31.1.
(a) A person who is physically located in another state or foreign country and who, through the use of any means, including electronic, radiographic or other means of telecommunication through which medical information or data is transmitted, performs an act that is part of a patient care service located in this state, including but not limited to the initiation of imaging procedures or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient is engaged in the practice of medicine in this state. Any person who performs such acts through such means shall be required to have a license to practice medicine in this state and shall be subject to regulation by the board. Any such out-of-state or foreign practitioner shall not have ultimate authority over the care or primary diagnosis of a patient who is located in this state.
(b) This Code section shall not apply to:
(1) The acts of a doctor of medicine or doctor of osteopathy located in another state or foreign country who:
(A) Provides consultation services at the request of a physician licensed in this state; and
(B) Provides such services on an occasional rather than on a regular or routine basis;
(2) The acts of a physician or osteopath licensed in another state or foreign country who:
(A) Provides consultation services in the case of an emergency;
(B) Provides consultation services without compensation, remuneration, or other expectation thereof; or
(C) Provides consultation services to a medical school which is located within this state and approved by the board; or
(3) The acts of a physician or osteopath located in another state or foreign country when invited as a guest of any medical school approved by the board or a state medical society or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, provided that such physician or osteopath is licensed to practice medicine or osteopathy in the state or foreign country in which he or she is located.
(c) This Code section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting or in a manner not otherwise authorized by the laws of this state.
(d) All persons subject to the provisions of this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless of where such

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physician or health care provider may be located and regardless of where or how the records of any patient located in this state are maintained."

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.
Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 107.
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 Clay Crotts Dean Egan 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Fort Gillis (excused)

Henson James Johnson of 2nd

Streat Thomas of 10th (presiding)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 107.
The Calendar was resumed.

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. Senator Sponsor: Senator Dean of the 31st.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th
Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gochenour

Griffin Guhl Harbison 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 Streat Tanksley
Taylor Thomas of 54th Turner Tysinger

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Brown of 26th Fort Gillis (excused) Henson

Hill James Johnson of 2nd Perdue

Thomas of 10th (presiding) Thompson Walker

On the passage of the bill, the yeas were 44, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Perdue of the 18th assumed the Chair.

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 relating to the State-wide Reserve Ratio.
Senate Sponsor: Senator Langford of the 29th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan

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 Stokes Streat Tanksley

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Taylor Thomas of 54th

Thomas of 10th Thompson

Turner Tysinger

Those not voting were Senators:

Brown of 26th Fort Gillis (excused)

Henson James Johnson of 2nd

Perdue (presiding) Walker

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Guhl of the 45th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Stokes was excused.

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.
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:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Egan Fort

Glanton Griffin Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable

Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Streat Tanksley Taylor Thomas of 54th Thompson Tysinger

Those not voting were Senators:

Brown of 26th Brush Gillis Gochenour Henson

James Johnson of 2nd Middleton Perdue (presiding) Starr

Stokes (excused) Thomas of 10th Turner Walker

On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

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

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extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm.
Senate Sponsor: Senator Clay of the 37th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears
Bowen Broun of 46th Burton Cagle Clay Crotts Dean Egan Fort Glanton 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 Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Brush Cheeks Gillis Gochenour

Griffin Henson James Johnson of 2nd

Perdue (presiding) Starr Stokes (excused) Thomas of 10th

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

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. Senate Sponsor: Senator Roberts of the 30th.

The Senate Finance and Public Utilities Committee offered the following substitute to HR 271:

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in Douglas County, Georgia; authorizing the conveyance of certain state owned real property located in Clinch County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Douglas County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in original land lot 98 of the 2nd district, 5th section of Douglas County, Georgia, and being two acres in the northwest corner of the tract described in deed from C.F. McGouirk to L.A. Moody and J.C. Moody, dated July 25, 1945, recorded in Deed Book 8, page 244, Douglas County records. Said two acres described as follows: Being a strip 200 feet wide on the west side

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of the above-described tract and running easterly at equal width a distance of 435.6 feet, bounded as follows: on the north and west by lands of H.L. York estate; on the south and east by lands of J.C. Moody;
(3)Douglas County conveyed the above-described property to the state on August 11, 1959, for the consideration of $1.00;
(4) Said property is under the custody of the Georgia Forestry Commission and is the location of the Douglas County Forestry Unit;
(5) The Georgia Forestry Commission is consolidating its functions throughout the state;
(6) Douglas County has agreed to accept the responsibility of fire suppression in Douglas County;
(7) Douglas County is desirous of obtaining the subject property in order to provide said services; and
(8) By resolution dated February 13, 1996, the Georgia Forestry Commission declared the subject property surplus to its need; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Clinch County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Land Lot 451 of the 7th District of Clinch County containing approximately .059 of one acre as shown on a plat of survey prepared by H. S. Williams, Jr., dated December 5, 1979, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) The City of Homerville, Clinch County, conveyed the above-described property to the state on December 21, 1981;
(4) Said property is under the custody of the Georgia Forestry Commission and is utilized for storage;
(5) The Georgia Forestry Commission is consolidating its functions throughout the state;
(6) The City of Homerville, Clinch County, is desirous of obtaining the subject property for use of the county emergency management department; and
(7) By resolution dated June 24, 1996, the Georgia Forestry Commission declared the subject property surplus to its need.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That the State of Georgia is the owner of the above-described real property in Douglas County, Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the above-described real property in Douglas County, Georgia, shall be conveyed by appropriate instrument to the Douglas County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00, so long as the property is used for public purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

FRIDAY, MARCH 21, 1997

1365

SECTION 3.
That the authorization in this resolution to convey the above-described property to the Douglas County Board of Commissioners shall expire three years after the date that this resolution becomes effective.
SECTION 4.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 6.
That the State of Georgia is the owner of the above-described real property in Clinch County, Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 7.
That the above-described real property shall be conveyed by appropriate instrument to the City of Homerville, Clinch County, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00, so long as the property is used for public purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 8.
That, if the City of Homerville, Clinch County, determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
SECTION 9.
That the authorization in this resolution to convey the above-described property to the City of Homerville, Clinch County, shall expire three years after the date that this resolution becomes effective.
SECTION 10.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission.

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ARTICLE III

SECTION 12.

That all laws and parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Gochenour

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 Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Brown of 26th Brush Egan Gillis

Griffin Henson James Johnson of 2nd

Perdue (presiding) Stokes (excused) Walker

On the adoption of the resolution, the yeas were 45, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

HR 272. By Representative James of the 140th:

A resolution authorizing the conveyance of certain state owned real property located in Taylor County.
Senate Sponsor: Senator Hooks of the 14th.

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 Burton

Cagle Cheeks Clay Crotts Dean Glanton Guhl

Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp

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1367

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

Those not voting were Senators:

Brown of 26th Brush Egan Fort

Gillis Gochenour Griffin James

Johnson of 2nd Perdue (presiding) Stokes (excused) Walker

On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Scott of the 36th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Dean Fort 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 Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 26th Crotts

Egan Gillis Griffin

Johnson of 2nd Perdue (presiding) Stokes (excused)

On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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The following bill was taken up to consider House action thereto:
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 House amendments were as follows:
Coleman House Amendment #1: Amend SB 165 as follows:
By inserting after line 32 of page 4 immediately after the word "systems." The following:
(c) Nothing in this Code section or in Code section 31-3-5.1 shall limit the power of a county or municipal governing authority to exercise its zoning powers or to establish minimum lot sizes larger than the minimum lot sizes specified pursuant to subsection (b) of this code section."
Evans House amendment #2:
Amend SB 165 by adding at the end of line 9 on page 1 the following:
"to provide that if an on-site sewage management system is located on the site where the installer, contractor, or builder was directed to locate it by the local health official and is properly installed pursuant to the requirements or directions of the permit and appropriate state regulations, neither the person installing the on-site sewage management system, nor the contractor, nor the builder shall be liable for any problems or damages associated with the location or installation of the on-site sewage management system; to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to provide that if a water well is located on the site where the water well contractor, contractor, or builder was directed to locate it and is properly drilled and equipment is installed pursuant to the requirements and directions of the permit and appropriate state regulations issued for the drilling of such water well, neither the water well contractor, nor the contractor or builder in instances where a building is being constructed in conjunction with the drilling of a water well, shall be liable for any problems or damages associated with the location of the water well;".
By adding on line 12 of page 3 between the word "conditions" and the period the following:
"; provided, further, that any experimental system must be a minimum of 100 percent of a conventional system".
By renumbering Sections 4 and 5 on page 6 as Sections 6 and 7, respectively, and adding between lines 2 and 3 on page 6 the following:
"SECTION 4.
Said title is further amended by adding between Code Sections 31-3-5.1 and 31-3-6 a new Code Section 31-3-5.2 to read as follows:
'31-3-5.2.
If an on-site sewage management system is located on the site where the installer, contractor, or builder was directed to locate it by the local health official and is properly installed pursuant to the requirements or directions of the permit and appropriate state regulations, neither the person installing the on-site sewage management system, nor the contractor, nor the builder shall be liable for any problems or damages associated with the location or installation of the on-site sewage management system.'

FRIDAY, MARCH 21, 1997

1369

SECTION 5.

Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, is amended by adding between Code Sections 12-5-136 and 125-137 a new Code Section 12-5-136.1 to read as follows:
'12-5-136.1.
If a water well is located on the site where the water well contractor, contractor, or builder was directed to locate it and is properly drilled and equipment is installed pursuant to the requirements and directions of the permit and appropriate state regulations issued for the drilling of such water well, neither the water well contractor, nor the contractor or builder in instances where a building is being constructed in conjunction with the drilling of a water well, shall be liable for any problems or damages associated with the location of the water well.' "
Senator Ragan of the llth moved that the Senate agree to the Coleman House amendment #1 and agree to the Evans House amendment #2 as amended by the following amendment:
Amend the Evans House amendment #2 to SB 165 by striking in their entirety lines 3 through 38 on page 1 and lines 1 through 28 on page 2 and inserting in lieu thereof the following:
"Amend SB 165 by striking lines 18 and 19 of page 3 and inserting in lieu thereof the following:
'authuiued by law. Upon written request of three one-half or more of the health districts in the state, the department is authorized to require'".
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cheeks Clay Crotts Dean Fort Gochenour Griffin Guhl

Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Oliver Price of 28th

Price of 56th Ragan Ralston Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 26th Cagle

Egan Gillis Johnson of 2nd

Perdue (presiding) Stokes (excused)

Those voting in the negative were Senators:

Glanton

Land

Ray

On the motion, the yeas were 45, nays 3, the motion prevailed, and the Senate agreed to the Coleman House amendment #1 and agreed to the Evans House amendment #2 to SB 165 as amended by the Senate.
The Calendar was resumed.

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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 Juvenile Justice.
Senate Sponsor: Senator Guhl of the 45th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Fort 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 Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Tysinger Walker

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Bowen Brown of 26th Egan

Gillis James Johnson of 2nd

Perdue (presiding) Stokes (excused) Turner

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

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 corporations formed, created, or operated by or on behalf of a hospital authority.
Senate Sponsor: Senator Middleton of the 50th.

The Senate Health and Human Services Committee offered the following substitute to HB 445:

A BILL
To be entitled an Act 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 corporations formed, created, or operated by or on behalf of a hospital authority and provide for the applicability of certain conflicts of interest restrictions and reporting and disclosure requirements; to

FRIDAY, MARCH 21, 1997

1371

amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide a system for the disclosure and handling of certain conflicts of interest; to provide for certain disclosures and prohibit the transaction of certain business; to provide for consequences when actions are taken which comply with or violate these prohibitions; to provide for conflicts and stricter rules; to provide for an oath of office for authority members; to provide for additional information concerning indigent and charity care and annual reports; 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 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, is amended by adding at the end a new Code section to read as follows:
"14-3-305.
(a) As used in this Code section, the term 'nonprofit' means any nonprofit corporation organized under or subject to this chapter which is formed, created, or operated by or on behalf of a hospital authority.
(b) Nonprofits shall have all of the rights, powers, benefits, and purposes granted to other nonprofit corporations under this chapter and shall not be subject to any restrictions contained in Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law,' except as provided in subsections (c) and (d) of this Code section.
(c) A director of a nonprofit shall be subject to the provisions of Code Section 31-7-74.1 with respect to conflicts of interest regarding such nonprofit and the hospital authority which formed, created, or operates such nonprofit, and Code Section 31-7-74.1 shall be deemed to apply to such nonprofit and such hospital authority only for such purpose.
(d) A nonprofit shall be subject to the provisions of Code Section 31-7-90.1 with respect to reporting community benefits provided by such nonprofit and with respect to annual reports by such nonprofit disclosing certain transactions with the nonprofit or with the hospital authority which formed, created, or operates the nonprofit and Code Section 317-90.1 shall be deemed to apply to both that nonprofit and that hospital authority only for such purposes.
(e) Nothing in this Code section shall be deemed or construed to affect in any manner the provisions of Code Section 31-7-75.2, Chapter 14 of Title 50, or Article 4 of Chapter 18 of Title 50 or to change existing law as to whether such statutory provisions are applicable to nonprofits."
SECTION 2.
Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by striking Code Section 31-7-74, relating to residency qualifications of authority members, and inserting in its place the following:
"31-7-74.
members of a hospital authority shall be residents of the participating units comprising the authority. The requirement of residence shall not apply to authorities activated under subsection (d) of Code Section 31-7-72, provided they are selected from within the area of service and within 12 miles of the hospital location or within 12 miles of the sponsoring county or municipality, whichever is farther. The members shall elect one of their number as cliaiuuaii chair and another as vice chaiiman vice chair and shall also elect a secretary-treasurer, who need not be a member. The members shall receive no compensation for their services, either as members or as employees of the authority but may be reimbursed for their actual expenses incurred in the performance of their duties or, in the alternative, the members may elect to be reimbursed for such expenses

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on a per diem basis in an amount not to exceed $100.00 per meeting and the total amount not to exceed $100.00 per month. The authority shall make rules and regulations for its governance and may delegate to one or more of its members, officers, agents, or employees such powers and duties as may be deemed necessary and proper.

(b) The piovibiuiiH uf Oude 3ecliun 45-10-23 and aivy other Code section shall be deumed to have been cumplied with and an authuuly may puicliase fium, sell lu, bunuw fium,
iiVUl tOy^SOiH;! cR;t Withy Oi* G-therWiciti deal With aiiy Hltuliber Oi* any Oi'^aillZcttiuii 01 ptu'SGll
witik AvAiicti SQiy niciiibtJi' oi &ii au.Lliui*ity is in any way liitei'cstcd ui involved, provided illicit;

\i) \iLy inLcicoL LI mvoivemeni u'y BU.L.II liieiiiuc;i ia uiotluocu 111 aovaiice lu me arrniui111 the miiiuUjis ul Llie tiuLlnmty;

(2) Nu iiibuibei 'lia Vlil^ t itial BU-UBbCll mteiHst iJi invulvciiieiit inay be piesent at Chat

pu lull u an auu uiii/y uieeLing liming which

y maui. i IB tu luutu

involving mi.y nuuli uig<a.iiiz,itiuii UI tJCIBU"' al11}

(3) N m n b lia1

decision uf the autlluiitv relating tu any mattei involving such urgamzaliuii ui peibun.

Afe used iii LJtiio Oudc BCuUuii, a. outJoLaiiUal niLci ebl' shall mnaii i111^ iiilcieBL wliii.li ica

Buiiabl; may be CAJJCI *

ui ci dii cd lint 11 b f 1

Hudi iiieuiuci cis dcLci J

W NulIuiiB ^vinLaiucJ1 ill tlii ai tiL.lc olicill Oc dec 11 . piuliiUiL aiiy mciiibei wliu is jjicB

dit at iliij' uicctiiig u

ei;isiun ul Llic ctuithynty hum piuviJiiig

Ic^eil oci v iv^cfa ill i^ulil.LBUliuii with aiiy uf the oilJeftakiugs uf the iluLliuiitj' ui iiuui Licnig ..,.;.! r... ...,..!....,,,. .,;...-.

SECTION 3.
Said article is further amended by adding following Code Section 31-7-74 new Code sections to read as follows:
"31-7-74.1.
(a) As used in this Code section, the term:
(1) 'Family1 means spouse, child, or sibling.
(2) 'Financial interest' means the direct or indirect ownership of any assets or stock of any business.
(3) 'Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business.
(4) 'Transact business' or 'transact any business' or 'transaction' means any sale or lease of any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative.
(b) Each member of a hospital authority shall disclose upon his or her selection as a member, and at least annually thereafter, the following described interests and relationships:
(1) Any financial interest held by the member or the member's family, or held by an entity in which the member or the member's family owns a financial interest, in any health care provider, any managed care provider or network, or any entity which sells products or services to the authority;
(2) Any position held by the member or the member's family as an officer, director, or employee of a hospital, hospital holding company, other health care provider, or managed care network; and
(3) Any contract which exists between the member or the member's family, or any entity in which the member or the member's family owns a financial interest, and the authority, including, but not limited to, supply contracts, service contracts, and leases.

FRIDAY, MARCH 21, 1997

1373

(c) Except as otherwise provided in this Code section, no authority member, no hospital chief executive, and no hospital system chief executive officer shall, for such person or for any entity in which such person or such person's family has a substantial interest, transact any business with such authority.
(d) The prohibition of subsection (c) of this Code section shall not apply to:
(1) Any relationship whereunder a person licensed under Title 43 provides to such authority or its medical facilities any professional services authorized to be provided within the scope of practice of such person's license;
(2) Any officer or employee of a trust company or bank which has been selected to be the depository of the funds of such nonprofit corporation; or
(3) Any transaction by a board member or a board member's family where the amount is $1,000.00 or less annually.
(e) A transaction in which any member of an authority has a financial interest or relationship described in subsection (b) of this Code section which does not constitute a substantial interest may be approved if, at the time of such approval:
(1) The material facts of the transaction and the member's financial interest are disclosed or known to the authority's board;
(2) The interested member is absent from any portion of a meeting which discusses or votes upon said transaction; and
(3) The members approving the transaction in good faith reasonably believe that the transaction is fair to the authority.
(f) Notwithstanding the provisions of subsection (c) of this Code section, a transaction in which any member of an authority has a substantial interest may be approved if:
(1) The transaction was submitted to a competitive process for requests for proposals, which includes but is not limited to consideration of all submitted proposals for price, quality, and appropriateness; and
(2) Notice of the transaction was published in the official county organ not less than two weeks prior to the approval of the board;
(3) Opportunity for public comment concerning the proposed transaction was provided at a meeting of the board;
(4) At the time of approval, the members approving the transaction in good faith reasonably believe that the transaction is fair and is in the best interests of the authority; and
(5) The interested member is absent from any portion of a meeting which discusses or votes upon said transaction.
(g) For purposes of this Code section, a transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of the members on the board present and voting who have no financial interest in the transaction. A majority, but not less than two, of all the noninterested members on the board present and voting constitutes a quorum for purposes of action that complies with this Code section.
(h) Any action by an authority which is taken in compliance with the applicable requirements of this Code section may not be enjoined, set aside, or give rise to an award of damages or other sanctions against the authority or any member or officer on the ground of a member's or officer's interest in such transaction. For any action by an authority not in compliance with such requirements, any member knowingly violating such requirements shall be immediately sanctioned, which may include, but not be limited to, reprimand, temporary suspension, or permanent removal from the authority after appropriate notice and hearing. The entity having appointed such member shall have the authority to impose any sanction.
(i) Nothing in this Code section shall prevent an authority from having stricter rules relating to interests or relationships than what is provided in this Code section.

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(j) To the extent the provisions of this Code section conflict with the provisions of any other law, the provisions of this Code section shall govern.
(k) The provisions of this Code section shall apply to those individuals serving as members of an authority who are appointed or reappointed on or after July 1,1997. However, this Code section shall apply to all members of an authority, regardless of appointment date, serving on or after July 1, 1999.
31-7-74.2.
Each member of a hospital authority shall take in the presence of an officer authorized to administer same the following oath:
I, ___ , citizen of ______ County, Georgia, do solemnly swear that I will, to the best of my ability, without favor or affection to any person and without any unauthorized financial gain or compensation to myself, faithfully and fairly discharge all of the duties and responsibilities that devolve upon me as a member of ______ Hospital Authority, during the term of my service as such member."
SECTION 4.
Said article is further amended by creating a new Code Section 31-7-90.1 to read as follows:
"31-7-90.1.
(a) Each hospital authority created by and under this article shall annually prepare a community benefit report disclosing the cost of indigent and charity care provided by such authority for the preceding year not later than 90 days after the close of the fiscal or calendar year. Such report provided for in this Code section shall include a statement of the cost and type of indigent and charity care provided by the authority, including the number of indigent persons served, categorization of those persons by county of residence, as well as the cost of indigent and charity care provided in dollars. Such community benefit report shall be filed with the clerk of superior court of the county in which the authority's hospital is located, as well as with the governing body or bodies of such authority's participating units.
(b) Each hospital authority created by and under this article shall also annually prepare a report indicating any entity in which a member or member's family has a direct or indirect ownership of assets or stock constituting between 10 percent and 25 percent which transacted business with the authority during the previous year. Such report shall be filed with the clerk of superior court of the county in which the authority's hospital is located, as well as with the governing body or bodies of such authority's participating units."
SECTION 5.
This Act shall become effective on July 1, 1997.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senators Thompson of the 33rd and Boshears of the 6th offered the following amendment:
Amend the committee substitute to HB 445 by adding after the semicolon on line 17 of page 1 the following:
"to provide for conditions and limitations regarding certain sales and leases of hospitals owned by hospital authorities;".
By striking the quotation marks on line 14 of page 7 and adding between lines 14 and 15 of page 7 the following:

FRIDAY, MARCH 21, 1997

1375

"31-7-74.3.
(a) No hospital which is owned by a hospital authority may be sold or leased to a for profit entity, a not for profit entity, or another hospital authority unless a public hearing regarding such action is held in the county where such hospital is located at least 60 days prior to such sale or lease becoming effective. In the event there is more than one participating unit for an authority, a hearing shall be held in each participating unit's county at least 60 days prior to the sale or lease becoming effective. The hospital authority must publish notice of the hearing at least three times, with the first such notice appearing at least 60 days prior to the hearing in the legal organ of each participating unit. At each such public hearing, the hospital authority shall describe, discuss, or otherwise disclose:
(1) The reasonably foreseeable adverse and beneficial effects of such lease or sale upon health care in the service area of the hospitals to be leased or sold, and, for purposes of this paragraph, the service area shall include the county in which the hospital is located and each adjoining county;
(2) A financial statement indicating the estimated value of the total assets and liabilities to be transferred or received in the transaction; however, if the value of any individual asset exceeds $100,000.00, a description and the value of such assets shall be indicated on the financial statement; and
(3) The resumes of the top five executive officers who will manage the facility after it is sold or leased.
(b) No hospital which is owned by a hospital authority may be leased to another person, corporation, or business entity, other than as provided in paragraphs (23) and (24) of Code Section 31-7-75, unless such lease requires that:
(1) At least one member of the hospital authority will serve as a full voting member upon the governing body or local board of the business entity exercising control and management powers over the leased hospital; and
(2) The governing body or local board of the business entity exercising control and management powers over the leased hospital submits to the governing authority of each county in which the hospital is located, within 90 days after the close of the calendar year or that entity's fiscal year, a complete and detailed financial statement for that entity.
(c) Provisions of a lease required by subsection (c) of this Code section may not be renegotiated or otherwise altered or amended for the duration of such lease.'"
On the adoption of the amendment, the yeas were 30, nays 0, and the Thompson amendment to the committee substitute was adopted.
Senators Thompson of the 33rd and Boshears of the 6th offered the following amendment:
Amend the committee substitute to HB 445 by striking subsection (k) on pages 6, and 7. In its entirety.
Senator Thompson of the 33rd asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.
Senators Thompson of the 33rd and Boshears of the 6th offered the following amendment:
Amend the committee substitute to HB 445 by striking on Line (2) of Page 7, the date "1999" and replacing it with the date "1998".
On the adoption of the amendment, the yeas were 35, nays 0, and the Thompson, Boshears amendment to the committee substitute was adopted.
Senators Middleton of the 50th, Price of the 56th and others, offered the following amendment:

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Amend the committee substitute to HB 445 by deleting on Page 5, line 7
the word "professional". Delete on Page 5 lines 7-9 the following:
"Authorized to be provided within the scope of practice of such person's license". Add on page 5 line 14 after the word "amount" the following:
"of all transactions between the parties". Delete on page 5 line 15 the word "annually" and insert the following:
"in any one year." On the adoption of the amendment, the yeas were 39, nays 0; and the Middleton, Price,
et al. amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was
adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi-
tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean 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 Ralston Ray Roberts Scott Starr Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Brown of 26th Egan Fort

Gillis Johnson of 2nd Perdue (presiding)

Ragan Stokes (excused) Taylor

On the passage of the bill, the yeas were 46, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

HB 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.

FRIDAY, MARCH 21, 1997

1377

The House amendment was as follows:
Amend the Senate substitute to HB 165 by inserting between "tax;" and "to" on line 4 of page 1 the following:
"to change certain provisions regarding the applicability of the sales and use tax exemption for certain food and beverages with respect to the homestead option sales and use tax;",
By inserting between lines 13 and 14 of page 1 the following:
"striking subparagraph (D) of paragraph (57) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new subparagraph (D) to read as follows:
'(D)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 3 of this chapter.
(ii) Except as otherwise provided in division (i) of this subparagraph, the exemption provided for in this paragraph shall not apply to any local sales and use tax which is effective before October 1, 1996, notwithstanding any provisions to the contrary in the law authorizing or imposing such tax.
(iii) Except as otherwise provided in Jivi&iun divisions (i) and (iv) of this subparagaph, the exemption provided for in this paragraph shall apply with respect to any local sales and use tax which becomes effective on or after October 1, 1996, but such exemption shall apply only as to transactions occurring on or after October 1, 1998, notwithstanding any provision to the contrary in the law authorizing or imposing such tax.
(iv) The exemption provided for in this paragraph shall apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 2A of this chapter!
(iv)(v)) For the purposes of this subparagraph, the term "local sales and use tax" shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the "Metropolitan Atlanta Rapid Transit Authority Act of 1965"; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 of this chapter.'

SECTION 1A.

Said chapter is further amended by".

Senator Ralston of the 51st moved that the Senate agree to the House amendment to the Senate substitute to HB 165.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Gochenour

Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Land Langford Madden Marable

Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Thomas of 54th Thomas of 10th Thompson

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JOURNAL OF THE SENATE

Tysinger Walker

Voting in the negative were Senators Lamutt and Tanksley.

Those not voting were Senators:

Abernathy Balfour Bowen Brown of 26th Egan

Gillis Griffin Johnson of 2nd Perdue (presiding)

Scott Stokes (excused) Taylor Turner

On the motion, the yeas were 41, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 165.
At 12:36 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., Monday March 24, 1997; the motion prevailed.
At 12:00 midnight, the Senate adjourned.

MONDAY, MARCH 24, 1997

1379

Senate Chamber, Atlanta, Georgia Monday, March 24, 1997
Thirty-seventh Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Friday, March 21, 1997 proceedings had been read and found correct.
Senator Oliver of the 42nd moved that the Senate reconsider its action in defeating the following bill:

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 dividend expressly so provides.

On the motion to reconsider, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Cagle Egan Fort

Gillis Glanton Gochenour Griffin Hill Hooks Langford Middleton Oliver

Price of 56th Ralston Ray Scott Stokes Thomas of 54th Thomas of 10th Turner

Those voting in the negative were Senators:

Abernathy Brush Burton Cheeks Clay Crotts Dean Guhl Henson

Huggins James Johnson of 1st Lamutt Land Madden Marable Perdue Price of 28th

Roberts Starr Streat Tanksley Taylor Thompson Tysinger Walker

Those not voting were Senators:

Harbison Johnson of 2nd

Kemp Ragan

On the motion, the yeas were 26, nays 26, and the motion to reconsider HB 294 was lost.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

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The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 938. By Representatives Floyd of the 138th and James of the 140th:
A bill to provide a homestead exemption from certain Dooly County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of that county who are 62 years of age or over.
HB 1040. By Representative Twiggs of the 8th:
A bill to create the Towns County Recreation Authority and to provide for the appointment of members of the Authority.
HB 1045. By Representatives Richardson of the 26th and Murphy of the 18th:
A bill to amend an Act creating the Board of Commissioners of Paulding County, so as to amend provisions relating to the duties and responsibilities of the chairperson of the board of commissioners.
SB 152. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to provide a homestead exemption from Richmond County ad valorem taxes for county purposes and a homestead exemption from Richmond County School District ad valorem taxes for residents of that county and district who are totally disabled and whose annual net income does not exceed $20,000.00 and provide for conditions and procedures relating thereto; to provide for special / elections for approval or disapproval.
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 Constitution of the State of Georgia.
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.
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 circumstances; to provide for the deposit of such funds in foreign banks.

MONDAY, MARCH 24, 1997

1381

SB 94. By Senator Broun of the 46th:
A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to change the name of the Georgia Municipal Training Institute; to add members to the board of the institute.
SB 87. By Senators Hill of the 4th and Broun of the 46th:
A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to administrative procedure, so as to include the Department of Technical and Adult Education among the agencies exempted from the "Georgia Administrative Procedure Act".
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 88. By Senator Hill of the 4th:
A resolution designating the Walter L. Dasher Memorial Bridge.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 80. By Senators Taylor of the 12th, Brown of the 26th, Thomas of the 10th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to enact the "Drug Dealer Liability Act"; to provide a statement of purpose; to define terms; to establish who may bring an action; to provide for a standard of proof; to establish presumptions; to provide for the recovery of damages; to provide for the accrual of an action; to provide for limitations; to provide for joinder under certain circumstances.
SB 69. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend Code Section 42-8-101 of the Official Code of Georgia Annotated, relating to the County and Municipal Probation Advisory Council, so as to provide for the designation of the municipal court judge member.
The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:
SR 214. By Senator Middleton of the 50th:
A resolution designating the Lovell-Wikle Scenic Highway.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 57. By Senators Griffin of the 25th, Blitch of the 7th, Boshears of the 6th and others:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to require certain notice prior to the privatization of operations of certain state institutions or programs.

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The following resolutions were introduced, read the first time and referred to committee:

SR 378. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and Madden of the 47th:
A resolution creating the Senate Study Committee on Women's Cancer Care Issues.
Referred to Committee on Rules.

SR 382. By Senators Hill of the 4th, Harbison of the 15th, Glanton of the 34th and others:
A resolution creating the Senate Study Committee on Georgia National Guard Future Mission Requirements.
Referred to Committee on Rules. The following bills were read the first time and referred to committee:

HB 938. By Representative Floyd of the 138th:
A bill to provide a homestead exemption from certain Dooly County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of that county who are 62 years of age or over.
Referred to State and Local Governmental Operations Committee.

HB 1040. By Representative Twiggs of the 8th:

A bill to create the Towns County Recreation Authority and to provide for the appointment of members of the Authority.

Referred to State and Local Governmental Operations Committee.

'

HB 1045. By Representatives Richardson of the 26th and Murphy of the 18th:

A bill to amend an Act creating the Board of Commissioners of Paulding County, so as to amend provisions relating to the duties and responsibilities of the chairperson of the board of commissioners.

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

Mr. President:

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

SB 399. Do pass.

HB 1001. Do pass.

SB 400. Do pass.

HB 1002. Do pass.

HB 918. Do pass by substitute.

HB 1003. Do pass.

HB 956. Do pass.] HB 968. Do pass.

HB 1009. Do pass. HB 1011. Do pass.

HB 998. Do pass.

HB 1014. Do pass.

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

MONDAY, MARCH 24, 1997

1383

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

The following bill was read the second time: HB 719

Senator Johnson of the 1st moved that Senator Johnson of the 2nd be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Johnson was excused.
Senator Land of the 16th moved that Senator Harbison of the 15th be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Harbison was excused.
The President called for the morning roll call, and the following Senators answered to their names:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

Gochenour Griffin Guhl Henson Hill Hooks Huggins James 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 Thomas of 10th Thompson Turner Tysinger Walker

Those not answering were Senators:

Harbison

Johnson of 2nd

Price of 28th

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Brown of the 26th introduced the chaplain of the day, Reverend Michael Billingsley, of Macon, Georgia, who offered scripture reading and prayer.
Senator Middleton of the 50th introduced the doctor of the day, Dr. Don Abernathy, of Dahlonega, Georgia.
The following resolutions were read and adopted:

SR 375. By Senators Johnson of the 1st, Boshears of the 6th, Kemp of the 3rd and others:
A resolution expressing regret at the passing of Malcom R. Vass.

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JOURNAL OF THE SENATE

SR 376. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution commending the James Edward Oglethorpe Tercentenary Commission.

SR 377. By Senator Burton of the 5th: A resolution commending Jean Cole.

SR 379. By Senators Henson of the 55th, Thomas of the 10th, Stokes of the 43rd and Marable of the 52nd:
A resolution commending Dr. James Byron Dawson.

SR 380. By Senator Ralston of the 51st:
A resolution commending the Fannin County 9 and 10 year old Girls Basketball Team.

SR 381. By Senator Oliver of the 42nd: A resolution expressing regret at the passing of Kathleen Kessler.

SR 383. By Senators Hill of the 4th, Perdue of the 18th, Broun of the 46th and others:
A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.

SR 384. By Senator Dean of the 31st:

A resolution commending the Cedartown Kiwanis Club.

'

SR 385. By Senator Ralston of the 51st:
A resolution expressing regret at the passing of Charles W. Kiker, Jr.
The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Monday, March 24, 1997
THIRTY SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 399 Dean, 31st POLK COUNTY
Amends an Act providing a New Board of Education for Polk County, so as to provide for the compensation and expenses of the members of the board of education.

SB 400 James, 35th CITY OF FAIRBURN
Amends an Act creating a new charter for the City of Fairburn, so as to change the compensation of the mayor and councilmembers.

MONDAY, MARCH 24, 1997

1385

*HB 918 Brush, 24th WARREN COUNTY
Amends an Act providing for a board of commissioners of Warren County, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners. (SUBSTITUTE)
HB 956 Dean, 31st Marable, 52nd BARTOW COUNTY
Amends 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.
HB 968 Harbison, 15th Land, 16th CITY OF COLUMBUS
Amends an Act providing that the governing authority of the county-wide government of Columbus, Georgia, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government.
HB 998 Roberts, 30th CITY OF MOUNT ZION
Amends an Act providing a new charter for the City of Mount Zion in Carroll County, so as to expand the corporate limits of the city.
HB 1001 Harbison, 15th Land, 16th CITY OF COLUMBUS
Amends and Act establishing the Municipal Court of Columbus, so as to change the compensation of the clerk and the marshal of the municipal court.
HB 1002 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY
Amends an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County.
HB 1003 Huggins, 53rd Thomas, D., 54th CITY OF DALTON AND WHITFIELD 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 Whitfield County school district and the City of Dalton public school system.

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JOURNAL OF THE SENATE

HB 1009 Huggins, 53rd CHATTOOGA COUNTY
Provides a $40,000.00 homestead exemption for 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 income does not exceed $20,000.00.
HB 1011 Streat, 19th IRWIN COUNTY
Amends an Act creating the board of commissioners of Irwin County, so as to change the provisions relating to the salary of the chairperson of the board of commissioners.
HB 1014 Middleton, 50th HABERSHAM COUNTY
Amends an Act creating and establishing the State Court of Habersham County, so as to change the provisions relating to the terms of said court.
*HB 854 Ralston, 51st PICKENS COUNTY
Provides a homestead exemption from 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. (AMENDMENT)
*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. (AMENDMENT)
*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 assessed value of the homestead of certain residents of that school district. (AMENDMENT)
The substitute to the following bill was put upon its adoption: *HB 918
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 918:
A BILL
To be entitled an Act to amend an Act providing for a board of commissioners of Warren County, approved March 23, 1977 (Ga. L. 1977, p. 3951), as amended, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 24, 1997

1387

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing for a board of commissioners of Warren County, approved March 23, 1977 (Ga. L. 1977, p. 3951), as amended, is amended by striking subsection (b) of Section 5 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) The chairman of the board of commissioners shall be compensated as follows:
(A) The person service as chairman of the board of commissioners shall receive a base annual salary as follows:
(i) Effective January 1, 1998, $34,000.00;
(ii) Effective January 1, 1999, $39,000.00;
(iii) Effective January 1, 2000, $44,000.00';
(B) Beginning on January 1, 1998, and continuing thereafter, in any year that the sheriff of Warren county receives a cost-of-living increase or general performance based increase of a certain percentage or a certain amount pursuant to the provisions of paragraph (2) of subsection (a) of Code Section 15-16-20 of the O.C.G.A., the amount of the effective base annual salary provided in subparagraph (A) of this paragraph, plus any previous cost-of-living increases in salary received by the person serving as chairman pursuant to the provisions of this subparagraph, and plus any previous longevity increases in salary received by the person serving as chairman authorized under subparagraph (C) of this paragraph shall be increased by the same such percentage or same such amount applicable to the sheriff. Such increase in salary shall become effective on the same date that the increase to which the sheriff is entitled becomes effective;
(C) Beginning on January 1, 1998, and continuing thereafter, whenever the chairman of the board completes a four-year term of office, the amount of the effective base annual salary provided in subparagraph (A) of this paragraph, plus any previous cost-ofliving increases in salary received by the person serving as chairman authorized under subparagraph (B) of this paragraph, and plus any previous longevity increases in salary received by the person serving as chairman pursuant to the provisions of this subparagraph shall be increased by 5 percent. Such increase in salary shall become effective on the first day of January following the completion of each four-year term of office; and
(D) The salary provided in this paragraph shall be paid in equal monthly installments from the funds of Warren County.
(2) The chairman shall also receive an expense allowance in the sum of $4,200.00 to defray the expenses incurred by him in carrying out his official duties. Said expense allowance shall be paid in equal monthly installments. When traveling out of the county on official business, the chairman shall be reimbursed for actual expenses incurred thereby, in addition to the foregoing, which shall be paid from the funds of Warren County; provided, however, that expenses incurred while traveling out of the county shall not be reimbursed without the approval of the board of commissioners.
(3) The members of the board, other than the chairman, shall each be compensated in the amount of $3,600.00 per annum to be paid in equal monthly installments from the funds of Warren County. In addition to said salary, each such member shall be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties from the funds of Warren County.
(4)(A) the salary and expenses provided for in this subsection shall constitute the entire compensation from all sources to which said members of the board shall be entitled to be paid from county funds.
(B) The salary and expenses provided for in this subsection are expressly in lieu of the salary supplement provided by an Act approved March 17, 1967 (Ga. L. 1967, p. 2168)

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JOURNAL OF THE SENATE

and the commissioners, including the chairman, shall not be entitled to receive the supplement provided by said Act."
SECTION 2.
This Act shall become effective 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 50, nays 0, and the substitute was
adopted. The amendment to the following bill was put upon its adoption:
*HB 854 Senator Ralston of the 51st offered the following amendment:
Amend HB 854 by striking "1998" and inserting in its place "1997" on line 41 of page 2. By striking "1999" and inserting in its place "1998" on line 14 of page 3. By striking "1998" and inserting in its place "1997" on line 19 of page 3. By striking "the date of the state-wide general election in November, 1998" and inserting in its place "the third Tuesday in September, 1997" on lines 27 and 28 of page 3. By striking "1999" and inserting in its place "1998" on line 11 of page 4.
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
The amendment to the following bill was put upon its adoption: *HB 855
Senator Ralston of the 51st offered the following amendment: Amend HB 855 by striking "1999" and inserting in its place "1998" on line 24 of page 1. By striking "2000" and inserting in its place "1999" on lines 25 and 26 of page 1. By striking "2001" and inserting in its place "2000" on lines 27 and 29 of page 1. By striking "1998" and inserting in its place "1997" on line 23 of page 2. By striking "1999" and inserting in its place "1998" on line 39 of page 2. By striking "date of the state-wide general election in November, 1998," and inserting in its place "third Tuesday in September, 1997," on line 8 of page 3. By striking "1999" and inserting in its place "1998" on line 27 of page 3.
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
The amendment to the following bill was put upon its adoption: *HB 856
Senator Ralston of the 51st offered the following amendment: Amend HB 856 by striking "1999" and inserting in its place "1998" on line 26 of page 1. By striking "2000" and inserting in its place "1999" on lines 27 and 28 of page 1. By striking "2001" and inserting in its place "2000" on lines 29 and 31 of page 1. By striking "1998" and inserting in its place "1997" on line 26 of page 2. By striking "1999" and inserting in its place "1998" on line 42 of page 2. By striking "date of the state-wide general election in November, 1998," and inserting in its place "third Tuesday in September, 1997," on lines 8 and 9 of page 3.

MONDAY, MARCH 24, 1997

1389

By striking "1999" and inserting in its place "1998" on line 28 of page 3.
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.
On the passage of the bills 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 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 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 Brown of 26th

James Johnson of 2nd (excused)

Langford Taylor

On the passage of the local bills, the yeas were 50, nays 0.
The bills on the Local Consent Calendar, except HB 918, HB 854, HB 855, and HB 856, having received the requisite constitutional majority, were passed.
HB 918, having received the requisite constitutional majority, was passed by substitute.
HB 854, HB 855, and HB 856, having received the requisite constitutional majority, were passed as amended.
The following uncontested resolutions of the 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 24, 1997 THIRTY-SEVENTH LEGISLATIVE DAY

*HR 268 Alien B. Fulford Bridge; designate (Substitute) (Trans-18th) Floyd-138th HR 287 "Cora Williams Intersection"; designate (Trans-51st) Whitaker-7th HR 288 "N. A. West Bridge" designate (Trans-51st) Whitaker-7th HR 324 Trail of Tears Highway; designate (Trans-51st) Shanahan-lOth

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HR 382 Brooks Pennington Memorial Parkway; designate (Trans-25th) Stancil-91st
The substitute to the following resolution was put upon its adoption:
*HR 268
The Senate Transportation Committee offered the following substitute to HR 268:
A RESOLUTION
Designating the Alien B. Fulford Bridge; designating the Pfc James Robert Googe Memorial Bridge; designating the Pfc Clarence Loman Gaskins Memorial Bridge; designating the Corporal Wherry L. "Dub" Abercrombie Memorial Bridge; and for other purposes.
PART I
WHEREAS, Mr. Alien B. Fulford passed away on March 30, 1996; and
WHEREAS, Mr. Fulford, began his long and distinguished career with the Cooperative Extension Service of the University of Georgia on March 16, 1952, as assistant county agent in Polk County, and he served as county agent in Dooly County from May 17, 1957, to July 16, 1976, when he was appointed extension agronomist cotton at the Rural Development Center in Tifton, Georgia; and
WHEREAS, as county agent in Dooly County, he quickly became known for his strong leadership in cotton, peanut, and livestock production, and he helped Dooly County become Georgia's leading cotton producer at a time when state-wide cotton acreage was declining, and he remained a strong advocate of cotton throughout his career, remaining at the forefront of new cotton technology by pioneering such innovations as precision row subsoil bedding and postdirected herbicide sprays; and
WHEREAS, he was appointed extension agronomist cotton at a time when cotton production had almost disappeared from the state, and he encouraged the extension cotton team, county agents, and farmers to keep the faith with cotton, and he promoted better crop management with lower plant populations, fast fruiting varieties, and better nitrogen management with petiole nitrite monitoring, and his confidence in and love for cotton was ultimately rewarded by the resurgence of cotton production in the state; and
WHEREAS, it is only right and fitting that the memory of Mr. Fulford be honored and memorialized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body honor the life of Mr. Alien B. Fulford and express regret at his passing.
BE IT FURTHER RESOLVED that the bridge to be constructed across Sandy Mount Creek Bridge on Highway 90 in Dooly County be designated the Alien B. Fulford Memorial Bridge.
PART II
WHEREAS, James Robert Googe was born in Bacon County, Georgia, on March 14, 1924, the son of Heather Johnson and Frank Googe, and spent his boyhood in Bacon County, Georgia; and
WHEREAS, he volunteered to serve his country as an infantryman in the United States Army during the Second World War; and
WHEREAS, he was a Pfc in the 30th Infantry Division during the first days of the Normandy invasion and the campaign to liberate France; and
WHEREAS, he gave his life in service to his country, his comrades in arms, and the ideal of liberty on July 8, 1944, on the battlefields of Normandy, and his body still rests in the soil of the French nation for whose freedom he gave his own life; and
WHEREAS, the passage of time has not dimmed his family's memories of this brave young Georgian whose life was so tragically cut short; and

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WHEREAS, it is only fitting and proper that the State of Georgia pay tribute to this young man's supreme sacrifice.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the bridge on County Road 327 at the Bacon County-Appling County line as the Pfc James Robert Googe Memorial Bridge in honor of this courageous fallen soldier.
PART III
WHEREAS, Clarence Loman Gaskins was born in Nashville, Georgia, on March 11, 1929, and spent his boyhood in Bacon County, Georgia; and
WHEREAS, he answered his country's call to duty in the infantry of the United States Army; and
WHEREAS, he was a Private First Class and combat engineer in the 24th Infantry Division during the grim early days of the Korean War and was among the first American soldiers sent to stem the tide of aggression against South Korea; and
WHEREAS, he gave his life in service to his country, his comrades in arms, and the ideal of liberty in July, 1950; and
WHEREAS, the passage of time has not dimmed his family's memories of this brave young Georgian whose life was so tragically cut short; and
WHEREAS, it is only fitting and proper that the State of Georgia pay tribute to this young man's supreme sacrifice.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the bridge over Fishing Creek on Highway 651 South in Bacon County as the Pfc Clarence Loman Gaskins Memorial Bridge in honor of this courageous fallen soldier.
PARTIV
WHEREAS, Wherry L. "Dub" Abercrombie was born in Bacon County, Georgia, on January 25, 1925, and spent his boyhood in Bacon County, Georgia; and
WHEREAS, though he enjoyed civilian life and was known as a skilled guitar and baseball player, he volunteered to serve his country as a military policeman in the United States Army; and
WHEREAS, he was a Corporal in Company C of the 19th Infantry Regiment during the grim early days of the Korean War and was among the first American soldiers sent to stem the tide of aggression against South Korea; and
WHEREAS, he gave his life in service to his country, his comrades in arms, and the ideal of liberty on July 16, 1950, holding the line against the North Korean Army at the Kum River near Seoul to gain time to organize a defense of the peninsula; and
WHEREAS, the passage of time has not dimmed his family's memories of this brave young Georgian whose life was so tragically cut short; and
WHEREAS, it is only fitting and proper that the State of Georgia pay tribute to this young man's supreme sacrifice.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the Old Stewart Bridge over Hurricane Creek outside Alma, Georgia, in Bacon County as the Corporal Wherry L. "Dub" Abercrombie Memorial Bridge in honor of this courageous fallen soldier.
PART V
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating the Alien B. Fulford Memorial Bridge, the Pfc James Robert Googe Memorial Bridge, the Pfc

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Clarence Loman Gaskins Memorial Bridge, and the Corporal Wherry L. "Dub" Abercrombie Memorial Bridge as provided in this resolution.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Mrs. Kay Bush Fulford, the family of James Robert Googe, the family of Clarence Loman Gaskins, the family of Corporal Wherry L. "Dub" Abercrombie, and the Department of Transportation.
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 adoption of the resolutions as reported, was agreed to.
On the adoption of the resolutions on the General Consent Calendar for Commemorative Resolutions, 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 Clay Crotts Dean Egan Fort Gillis Glanton

Gochenour Griffin Guhl Harbison Hooks 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:

Balfour Brown of 26th Henson Hill

Huggins James Johnson of 2nd (excused)

Perdue Taylor Thomas of 54th

On the adoption of the resolutions, the yeas were 46, nays 0.
The resolutions on the General Consent Calendar for Commemorative Resolutions, except HR 268, having received the requisite constitutional majority, were adopted.
HR 268, having received the requisite constitutional majority, was adopted by substitute.
The following resolutions, favorably reported by the committee as listed on the Senate Rules Calendar for Compensation Resolutions, were read the third time and put upon their adoptions:

SENATE RULES CALENDAR

COMPENSATION RESOLUTIONS

HR 21 HR 22 HR 43 HR113 HR 145 HR 168

Jenkins, Andrew Steven Alfredson, Darla J. Smith, Joan Roslund, Ms. Wendy L. Kee, Chad B. Vining, Daniel W.

$ 250.00 250.00 500.00 200.00 50.00 500.00

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HR 176 HR 246 HR 247 HR 248 HR 313

Carter, Nadine LaVerne Lee, Mr. and Mrs. William E. Spelts, Mr. and Mrs. Thomas H. Calhoun, George Price, Alfonzo
TOTAL

100.00 100.00 400.00 100.00 200.00 $2,650.00

Senator Ragan of the llth asked unanimous consent that one roll call suffice on the Calendar for Compensation Resolutions, unless any Senator designated any resolution to be voted on individually. The consent was granted.
The report of the committee, which was favorable to the adoption of the resolutions as reported, was agreed to.
On the adoption of the resolutions on the Senate Rules Calendar for Compensation Resolutions, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy 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 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:

Balfour James

Johnson of 2nd (excused) Johnson of 1st

On the adoption of the resolutions, the yeas were 52, nays 0.
The resolutions on the Compensation Calendar, having received the requisite constitutional majority, were adopted.

NOTICE OF MOTION TO RECONSIDER:

HB 294 Corporations; amend provisions (Amendments) (S Judy-40th) Martin-47th
SENATE RULES CALENDAR Monday, March 24, 1997
THIRTY-SEVENTH LEGISLATIVE DAY

HB 306 Intangible tax; nonpayment; amend provisions (F&PU 31st) Smith 109th
HB 377 Medicaid Fraud Forfeiture Act of 1997; enact (Substitute) (Judy 12th) Baker 70th

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HB 457 Teen pregnancy prevention; direct DHR in use of funds (Substitute) (H&HS-- 18th) Smith--169th
HB 206 Economic Rehabilitation Act of 1975; amend provisions (Judy--42nd) Martin-- 47th
HB 174 Used motor vehicle dealer and used car dealer; change definition (C Aff--19th) Powell--23rd
HB 349 Corporations; limited partnership; limited liability partnership (Judy--16th) Baker--70th
HB 71 Telephone; certain unsolicited calls; objections (Substitute) (C Aff--55th) Murphy--18th
HB 583 Regional housing authorities; board of commissioners; composition (SLGO-- G--14th) James--140th
HB 298 Mechanics' and materialmen's liens; filing of certain actions (S Judy--40th) Reichert--126th
HB 889 Elections; inactive voters; removal from voting lists (Amendment) (SLGO-- G-- 10th) Dixon--150th
HB 104 Special license plates; square and round dancers (Substitute) Trans--5th) Davis--60th
HB 329 Bad Checks; increase service charge (S Judy--29th) Reichert--126th
HB 496 Children and youth services; authorize certain leasing of state property (YA&HE--3rd) Sinkfield--57th
HB 291 Appeals; certain filings; appellate court jurisdiction (S Judy--32nd) Martin 47th
HB 283 Ticket scalping; charitable organizations; exemptions (Substitute) (EDT&CA-- 18th) Bordeaux--151st
HB 708 Telemarketing; unlawful computer-related activities; amend provisions (Substi tute) (C Aff--18th) Skipper--137th
HB 423 Shoplifting; fourth offense; felony (Amendment) (S Judy--44th) Hecht--97th
HB 489 Local government service delivery strategy agreement; adoption (Substitute) (SLGO--G--18th) Royal--164th
HB 490 Special county 1% sales tax; additional notice (Substitute) (F&PU--44th) Royal--164th
HB 491 Local government uniform chart of accounts; provisions (SLGO--G--28th) Royal--164th
HB 492 Insurance premium taxes; county expenditure of proceeds (SLGO--G--10th) Royal--164th
HB 635 Elections; write-in candidates; notice of intent; change date (Substitute) (SLGO--G--10th) Holmes--53rd
HB 584 Workers' compensation; drug-free workplace; insurance premium discount (Sub stitute) (I&L--29th) Lane--146th

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1395

HB 112 Adoption; hard-to-place children (Judy--42nd) Taylor--134th

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 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.
Senate Sponsor: Senator Dean of the 31st.

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

Griffin Guhl Harbison Henson Hill Hooks Huggins 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 Brown of 26th

James Johnson of 2nd (excused)

Johnson of 1st

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

The following bill was taken up to consider House action thereto:

SB 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.

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The House amendment was as follows:
Amend SB 235 by striking from lines 23 and 25 on page 1 the following: "1998",

and inserting in lieu thereof the following: "2000".

Senator Griffin of the 25th moved that the Senate agree to the House amendment to SB 235.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears
Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis

Glanton Gochenour
Griffin Guhl Harbison Henson Hill Hooks Huggins Lamutt Land Langford Madden Marable Middleton Oliver

Perdue Price of 56th Ragan Ralston Ray Roberts Scott Starr
Stokes
Streat Tanksley
Taylor Thomas of 10th Turner Tysinger Walker

Those not voting were Senators:

James Johnson of 2nd (excused) Johnson of 1st

Kemp Price of 28th

Thomas of 54th Thompson

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 235.
The Calendar was resumed.

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.
Senate Sponsor: Senator Taylor of the 12th.
The Senate Judiciary Committee offered the following substitute to HB 377:
A BILL
To be entitled an Act to enact the "Medicaid Fraud Forfeiture Act of 1997"; to provide a statement 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

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forfeiture to the state by an action brought by the state under this Act; to provide for defini tions; to exempt cases involving alleged fraud by Medicaid recipients; to provide for proce dures for a Medicaid fraud forfeiture action; to provide for the authority of the court upon a judgment of forfeiture; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compro mise and settlement; to provide for seizure and disposition of property, rights therein, and proceeds derived therefrom; to provide that court orders for seizure shall include conditions to ensure the safety of recipients or patients who may be affected by the warrant; to provide for liens and the filing, enforcement, and release thereof; to provide that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection therewith; to provide for duties and powers of law enforcement officers, sheriffs, and prosecuting attor neys; to provide for the service of process and notices; to provide that certain property taken or detained is not subject to replevin, conveyance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for the seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determination of rights and interest in property; to provide for temporary restraining orders; to provide for the sale or other disposition of property or interest therein; to provide for applicability with respect to certain property; to provide for construction; 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 "Medicaid Fraud Forfeiture Act of 1997."
SECTION 2.
The General Assembly finds that substantial financial losses to the state are being caused by acts of fraud directed at the Department of Medical Assistance and that there is a need to enhance the ability of the state to recover property and proceeds obtained through Medi caid fraud. It is the intent of this legislation to provide a legal mechanism for the seizure and forfeiture to the state of property and proceeds obtained through acts of fraud commit ted to obtain medical assistance benefits or payments under Article 7 of Chapter 4 of Title 49.
SECTION 3.
Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," is amended by adding between Code Sections 494-146.2 and 49-4-147 a new Code Section 49-4-146.3 to read as follows:
"49-4-146.3.
(a) As used in this Code section, the term:
(1) 'Costs' means, but is not limited to:
(A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the property; and
(B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section.
(2) 'Court costs' means, but is not limited to:
(A) All court costs, including the costs of advertisement, transcripts, and court re porter fees; and
(B) Payment of receivers, conservators, appraisers, accountants, or trustees ap pointed by the court pursuant to this Code section.

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(3) 'Interest holder' means a secured party within the meaning of Code Section 11-9105 or the beneficiary of a perfected encumbrance pertaining to an interest in property.
(4) 'Medicaid fraud" means:
(A) A violation of Code Section 49-4-146.1; or
(B) A violation relating to the obtaining of medical assistance benefits or payments under this article of any provision of:
(i) Chapter 8 of Title 16, relating to offenses involving theft;
(ii) Code Section 16-10-20, relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or polit ical subdivisions; or
(iii) Code Section 16-10-21, relating to conspiracy to defraud the state or its polit ical subdivisions.
(5) 'Owner' means a person, other than an interest holder, who has an interest in prop erty and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.
(6) 'Proceeds' means property derived from or realized through, directly or indirectly Medicaid fraud, and includes property of any kind without reduction for expenses in curred for acquisition, maintenance, or any other purpose.
(7) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency, instruments, securities, or any kind of privilege, interest, claim, or right.
(8) 'Prosecutor' means a district attorney or his or her designee or the Attorney General or his or her designee.
(b) All property and proceeds obtained by a person or entity through or as a result of Medicaid fraud in the provision of services or equipment under this article are subject to forfeiture to the state by a Medicaid fraud forfeiture action brought by the state in ac- cordance with this Code section. This Code section shall not apply to cases involving alleged fraud by Medicaid recipients in obtaining medical assistance benefits.
(c) A Medicaid fraud forfeiture proceeding shall be initiated by a complaint filed it the name of the State of Georgia and may be brought in the case of:
(1) An in rem action, by the prosecutor in the county in which the property is located or seized; or
(2) An in personam action, by the prosecutor in the county in which the defendant resides.
(d) (1) An action pursuant to this Code section may be commenced before or after the seizure of property.
(2) Any Medicaid fraud forfeiture action filed under this Code section shall be limited to a civil action.
(e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder:
(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not con sent to it, and did not know and there is no reason why he or she should have known of the conduct or that it was likely to occur;
(2) Had not acquired and did not stand to acquire substantial proceeds from the con duct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction;
(3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture;

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(4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and
(5) Acquired the interest:
(A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) After the completion of the conduct giving rise to its forfeiture:
(i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction;
(ii) Before the filing of a lien on it and before the effective date of a notice of pend ing forfeiture relating to it and without notice of its seizure for forfeiture under this article; and
(iii) at the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article.
Upon the request of the owner or interest holder, for good cause shown, the court shall hold an expedited hearing to determine whether the property is subject to forfeiture under this Code section.
(f) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accounta ble for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company to inform it that the vehicle is available for the company to take possession.
(g) Property which is subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having juris diction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be issued at an ex parte hearing before a superior court judge of a county where the forfeiture action may be brought demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable. In entering any such seizure order, the court shall determine that appropriate conditions are included to ensure the physical safety and well-being of any recipients or patients who may be affected by such warrant. The property owner or interest holder, within ten days of the seizure of property taken pursu ant to a search warrant, may make a written demand to the court with notice to the prosecutor for a hearing to determine if probable cause still exists for the seized property to be subject to forfeiture pursuant to this Code section. Said hearing shall be held within 20 days of said demand unless continued by the court for good cause.
(h) (1) When property is seized pursuant to this article, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the prosecutor of the judicial circuit having jurisdiction in the county where the seizure was made.
(2) Within 60 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (n), (o), or (p) of this Code section.

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(3) If the state fails to initiate forfeiture proceedings against property seized for forfei ture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of any owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence.
(1) (1) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the property.
(2) When property is seized pursuant to this article, the prosecutor or the sheriff or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publica tion, or the mailing of written notice:
(A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address;
(B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or
(C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs.
(3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged.
(j) A prosecutor may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The filing shall include the following:
(1) The lien notice must set forth:
(A) The name of the person and, in the discretion of the state, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and
(B) The description of the property, the civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the pro ceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing;
(2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corpo rations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or con trolled by the named person. A separate lien for forfeiture of property must be filed for any other person;
(3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities with respect to said property. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article en forcing the lien. The forfeiture lien referred to in this subsection must be filed in ac cordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or release, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state, as

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soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien;
(4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment;
(5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days, to the prosecutor or the prosecutor's designee the following information:
(A) The name and address of the person or entity for whom the property is held;
(B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and
(C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property; and
(6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor.
(k) Property taken or detained under this Code section is not subject to replevin, convey ance, sequestration, or attachment. The seizing law enforcement agency or the prosecu tor may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another agency or prosecutor by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or prosecutor. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the prosecutor in either proceeding or action. The property is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings.
(1)(1) If property is seized under this article, the prosecutor may:
(A) Remove the property to a place designated by the superior court having jurisdic tion over the forfeiture proceeding;
(B) Place the property under constructive seizure by posting notice of pending forfei ture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property;
(C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the prosecutor may authorize its being deposited in an in terest-bearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto;
(D) Provide for another governmental agency, a receiver appointed by the court pur suant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the prop erty was seized; or
(E) Require the sheriff or chief of police of the political subdivision where the prop erty was seized to take custody of the property and remove it to an appropriate loca tion for disposition in accordance with law.
(2) If any property which has been attached or seized pursuant to this Code section is perishable or is liable to perish, waste, or be greatly reduced in value by keeping or if the expense of keeping the same is excessive or disproportionate to the value thereof,

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the court, upon motion of the state, a claimant, or the custodian, may order the prop erty or any portion thereof to be sold upon such terms and conditions as may be pre scribed by the court; and the proceeds shall be paid into the registry of the court pending final disposition of the action.
(m) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the property seized.
(n) If the estimated value of personal property seized is $25,000.00 or less, the prosecutor may elect to proceed under the provisions of this subsection in the following manner:
(1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, a statement that the owner of such property has 30 days within which a claim must be filed, and the violation of law alleged;
(2) A copy of the notice, which shall include a statement that the owner of such prop erty has 30 days within which a claim must be filed, shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as pro vided in subsection (i) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made;
(3) The owner or interest holder may file a claim within 30 days after the second publi cation of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the prosecutor by certified mail, return receipt requested;
(4) The claim must be signed by the owner or interest holder under penalty of perjury and must substantially set forth:
(A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant's interest in the property;
(D) The date, identity of the transferor, and circumstances of the claimant's acquisi tion of the interest in the property;
(E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; and
(F) The precise relief sought;
(5) If a claim is filed, the prosecutor shall file a complaint for forfeiture as provided in subsection (o) or (p) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and
(6) If no claim is filed within 30 days after the second publication of the notice of forfei ture, all right, title, and interest in the property is forfeited to the state and the prose cutor shall dispose of the property as provided in subsection (u) of this Code section.
(o) In rem proceedings.
(1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly author ized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that is it located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture.

MONDAY, MARCH 24, 1997

1403

(2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property.
(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4.
(B) If real property is the subject of the action or the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service.
(C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or such person's agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until noti fied by the sheriff or the sheriffs deputy that the vessel or aircraft has been released.
(3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publi cation and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must substan tially set forth:
(A) The caption of the proceedings as set forth in the complaint and the name of the claimaint;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant's interest in the property;
(D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property;
(E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; and
(F) The precise relief sought.
(4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section.
(5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(6) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this article.

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(p) In personam proceedings.
(1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reason able particularity the property which is sought to be forfeited; state its present custo dian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture.
(2) Service of the complaint and summons shall be as follows:
(A) Except as otherwise provided in this subsection, service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 911-4; and
(B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are pub lished. Such publication shall be deemed sufficient notice to any such defendant.
(3) A defendant shall file a verified answer within 30 days after the service of the sum mons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to an answer in civil actions, the answer must contain all of the elements set forth in paragraph (3) of subsection (o) of this Code section.
(4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.'
(5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section.
(6) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(7) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property de scribed in the complaint and must also authorize the prosecutor or the prosecutor's agent or any law enforcement officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited.
(q) In conjunction with any civil action brought pursuant to this article:
(1) The court, on application of the prosecutor, may enter any restraining order or in junction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this arti cle, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this Code section may be entered on applica tion of the prosecutor, without notice or an opportunity for a hearing, if the prosecutor demonstrates that:

MONDAY, MARCH 24, 1997

1405

(A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this article; and
(B) Provision of notice would jeopardize the availability of the property for forfeiture;
(3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether:
(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and
(B) The need to preserve the availability of property through the entry of the re quested order outweighs the hardship on any owner or interest holder against whom the order is to be entered;
(4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under para graph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien or actual knowl edge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the prosecutor of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the prosecutor filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfei ture of the property then exists. The hearing must be held within 30 days unless con tinued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and
(5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and:
(i) Is authorized to do business in this state and is under the jurisdiction of a gov ernmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or
(ii) Has an interest that the prosecutor has stipulated is exempt from forfeiture;
(B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and
(C) The balance of the proceeds, if any, must be returned to the actual or construc tive custody of the court, in an interest-bearing account, subject to further proceed ings under this Code section.
(r) An acquittal or a dismissal or a conviction in any criminal proceeding, either by a verdict or a plea of guilty or nolo contendere, shall be admissible in evidence in any pro ceeding pursuant to this Code section.
(s) In hearings and determinations pursuant to this Code section:
(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a prelim inary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; and

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JOURNAL OF THE SENATE

(2) There is a rebuttable presumption that any property of a person is subject to forfei ture under this Code section if the state establishes probable cause to believe that:
(A) The person has engaged in conduct giving rise to forfeiture;
(B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and
(C) There was no likely source for the property other than the conduct giving rise to forfeiture.
(t)(l) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the pro ceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited un less the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section.
(2) On entry of judgment for a person claiming an interest in the property that is sub ject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that per son free of liens and encumbrances, as provided under this article.
(3) The court is authorized to order a claimant who files a frivolous claim to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attorney's fees.
(u)(l) The court may, after judgment of forfeiture, make any of the following orders for disposition of the property:
(A) Judicial sale of the property;
(B) Retention of the property by any party having a property interest therein, as such interest is described in subsection (e) of this Code section, upon payment or approval of a plan for payment into court of the value of any forfeited interest in ihe^ property. The plan may include, in the case of a party having such a property inter est who holds a lien on or security interest in the property, the sale of the property by any such party under such terms and conditions as may be prescribed by the court and the payment into court of any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest; or
(C) Destruction of any contraband, the possession of which is illegal.
(2) The proceeds from any judicial sale or payments from a party having a property interest as described in paragraph (1) of this subsection shall be delivered to the De partment of Medical Assistance. The proceeds shall then be disbursed in accordance with the requirements of federal law.
(v) An acquittal or dismissal in a criminal proceeding does not preclude civil proceedings under this article, provided that no property shall be forfeited after an acquittal or dis missal in a criminal proceeding unless the state obtains a civil judgment for forfeiture under this article.
(w) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article.
(x)(l) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provi sions of this Code section if any of the forfeited property:
(A) Cannot be located;
(B) Has been transferred or conveyed to, sold to, or deposited with a third party;
(C) Is beyond the jurisdiction of the court;

MONDAY, MARCH 24, 1997

1407

(D) Has been substantially diminished in value while not in the actual physical cus tody of the receiver or governmental agency directed to maintain custody of the prop erty; or
(E) Has been commingled with other property that cannot be divided without difficulty.
(2) In addition to any other remedy provided for by law, a prosecutor on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accordance with subsec tion (j) of this Code section; to whom notice of seizure has been provided in accordance with subsection (i) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavail able for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorney's fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceed ing is pending.
(3) A prosecutor may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be necessary to enforce any judgment rendered pursuant to this Code section.
(4) No person claiming an interest in property subject to forfeiture under this article may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically au thorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code section.
(5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress.
(y) Except as provided in subsections (e) and (f) of this Code section, a property interest of a person charged with Medicaid fraud shall be subject to forfeiture under this Code sec tion, and there shall be a presumption that such property interest was acquired in whole or in part with proceeds obtained as a result of Medicaid fraud; provided, however, that the person charged with Medicaid fraud may rebut such presumption by clear and con vincing evidence which shows that the property interest was not so acquired. In the event the person charged with Medicaid fraud successfully rebuts such presumption, the property interest shall not be subject to forfeiture but may still be subject to lien, levy, and other processes in order to satisfy any judgment which orders the payment of restitu tion based upon a conviction or judgment of Medicaid fraud.
(z) This Code section must be liberally construed to effectuate its remedial purposes."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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JOURNAL OF THE SENATE

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senators Boshears of the 6th, Thomas of the 10th and others offered the following amendment:
Amend HB 377 by striking line 36 of page 1 and inserting in lieu thereof the following:
"to provide for construction; to prohibit the establishment of a drug formulary that restricts a physician's ability to treat a patient with a prescription drug approved by the United States Food and Drug Administration; to provide that a claim for such a prescription drug shall not be deemed a fraudulent claim; to change certain provisions relating to bidding and rebates; to eliminate provisions relating to the Controlled Medical Assistance Drug List and application and approval therefor; to provide an effective date;"
By inserting following line 10 of page 21 the following:

"SECTION 4.

Said article is further amended by striking subsection (c) of Code Section 49-4-142, relating to creation of the Department of Medical Assistance and the state plan, and inserting in lieu thereof the following:

'(c) Thu dtipaitment is au(.limited tu establish diug application feus which shall be equal to the department's oust uf investigating and detei mining whellitu a new diug piuduct

si.iuU.lCl. UK ii.iClUu.6Ci "111 Llie LJOiltrOlitiu~~Jyl.eCli.Ctu. ASSlStEiiiCt; JJi'U.^ IjlSfc oucli ItstiS Silflli uc

fl.CiJU.StttQ EHlliLUllly 3.11u. Hi 1till ut; fjciiu by U16 Qi'u^ iiici.ilIII!Cturt;ilC) fcit tlic Lililti Ol tjJ|jiiCii~

lion. The Department of Medical Assistance shall not establish a drug formulary that

restricts by any prior or retroactive approval process a physician's ability to treat a pa

tient with a prescription drug that has been approved and designated as safe and effec

tive by the United States Food and Drug Administration in compliance with federal law.

This subsection shall not prohibit a prior approval process on any federally exempted

products?

'

(d) A claim for a prescription drug that has been approved and designated as safe and effective by the United States Food and Drug Administration in compliance with federal law shall not be deemed a fraudulent claim by the provider or prescriber of such prescrip tion drug?

SECTION 5.

Said article is further amended by striking subsections (b) and (e) of Code Section 40-4152.1, relating to the prescription drug bidding and rebate program, and inserting in lieu thereof the following:
'(b) The department may request sealed bids from prescription drug manufacturers for both brand name and generic equivalent prescription drugs specified by the department. The bids shall be proposed agreements by these manufacturers to adjust prices of drugs specified by the department to a price designated as the bid price when those drugs are supplied to recipients of medical assistance under this article. If the deuai Uiieut has
ctwue^LcQ CL Lfiu lui d ill ug mit-lci Line* Ljuilc st^Liun, tlie ilc^jctiLiiicuL m&y nuL i tJimljui oc a
^Jiuviuci ul slli^li ill ug lui cinj' eLjuiv&ldlL ui ug nvjL &u Duuucaaluli^ L?ill ulliiii^ Lilt; Lcxjii ul
Llic i;unLi ai*t/ awtiiiidl wiLli t'cgtml Lu Lilt; ill tig su Uiu. llic ilc^jdi LiuciiL lil'ay clcuL nut Lu

ill tlic Ijivi ^Ji\jOKSB ul wliiuli LjluS ^IIIUCD uuiiaiLlcicvl cJt^cBoivc \jy tlic ut;|j<:ti Lxildil.
'(e) In the event no acceptable bids are received for a drug for which a request for bid was made, the department may select a single drug suypliui fui Lhe diug or establish one price for such drug which the department will reimburse therefor, but this shall not re strict the department from establishing one price for any drug upon which the depart ment does not request bids.'

MONDAY, MARCH 24, 1997

1409

SECTION 6.
Said article is further amended by striking subsections (b), (c), (d) of Code Section 49-4152.2, relating to rebates for prescription drugs, and inserting in lieu thereof the following:
'(b) riesciiptiuii diug yiuducls shall be included in Hie CuutiulluJ Medical Anniblamie
tiSLciullSlitJU. t)y tlic Llt^Jtii LiiiciiL. I licSET pl'tiiluCtS lOf WillCIi ti in&Dilt6 lliiS Lnitii ftuCCcoDlillly ilc^u LJLtiL^d Siiitll <1U.\,GUIcltiC3.1lyut iilCl U-Cltu. ill tll*5t_/Cil'Li'Oll*3Et JVLtiCllCiil ASSlStSHC^ JJi'u^
List fui a puiiud of time cotnimmuus with the negotiated itfbatn.
fc)(b) If there has been a failure to negotiate or renew a rebate agreement for a specific prescription drug product, the pharmaceutical manufacturer or distributor of that prod uct shall disclose to the department its most favorable pricing arrangements available to state and nonstate government purchasers of such products. If Hie dupaiLmenl dUumimis that the piuduct needs tu be included in the CuiiUulled Medical Assistance Drug Libl, the depai tmeiil shall establish the amount uf the jebdtu fui such product baaed
upuil TI1G pl'lCG inlGrilltltiGii ui'GViueu by tile iiicmuid.Clui't:i' ui* uieitributGl*.Hl6 QtitsrUklllflr tlOil Sad tu WrietliKl BL product SllGUlu ue IllClUCleCl 111 tile CyOiitrolleu JVlcu.iCcil Aririiotciiiue
JJru Ljist> slidll ut) Ucistiu upon tii^ products ftlliuticyj costy u.i&u.ic3.l utiCcssiLy, &ocl HiilfeL^.
td) (c) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157.'"
By renumbering Sections 4 and 5 as Sections 7 and 8, respectively.
Senator Taylor requested a ruling by the Chair as to the germaneness of the Boshears, et al. amendment.
The President ruled the amendment not germane.
Senators Crotts of the 17th and Land of the 16th offered the following amendment:
Amend the Senate Committee substitute to amend HB 377 by striking lines 1 and 2 of page 1 and inserting in their place the following:
"To amend Article".
By adding immediately following "provide" on line 5 of page 1 the following:
"that the Department of Medical Assistance may bar a provider which is not a natural person from participating in such Act if such provider or certain agents or employees have been convicted of violating such Act; to provide an exception; to provide that the department shall bar a provider who is a natural person under the same conditions; to enact the 'Medicaid Fraud Forfeiture Act of 1997'; to provide a statement of findings and intent; to provide".
By striking lines 2 and 3 of page 2 and inserting in their place the following:
"SECTION 1.
Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the 'Georgia Medical Assistance Act of 1977,' is amended by striking subsections (f) and (g) of Code Section 49-4-146.1, relating to unlawful acts regarding medical assistance, and in serting in their respective places the following:
'(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, or ter minate the participation of any provider other than a natural person if that provider or any person with an ownership or control interest or any agent or managing employee of such provider has been convicted of:
(1) Violating subsection (b) of this Code section; or
(2) Committing any other criminal offense related to any program administered under Title XVIII, XK, or XX of the Social Security Act of 1935, as amended.

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JOURNAL OF THE SENATE

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 and extent to which it adversely affected beneficiaries and the program involved.
(g) The department shall refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, or ter minate the participation of any provider who is a natural person if that provider or any agent or managing employee of such provider has been convicted of:
(1) Violating subsection (b) of this Code section; or
(2) Committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended.
tg) (h) The department shall reinstate a provider whose participation in the medical assistance program was terminated pursuant to subsection (f) or (g) of this Code section if the conviction upon which the termination was based is reversed or vacated.'

SECTION 1.1

Sections 2 and 3 of this Act shall be known and may be cited as the 'Medicaid".
On the adoption of the amendment, the yeas were 40, nays 0, and the Crotts, Land amendment to the committee substitute was adopted.
Senator Price of the 56th offered the following amendment:

Amend the committee substitute to HB 377 by striking on page 3, line 39 after . "This Code. . ." through page 4, line 2 "... benefits."

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 Burton Cagle Egan Glanton

Gochenour Huggins Johnson of 1st Lamutt Price of 28th Price of 56th

Ralston Ray Roberts Tanksley Thomas of 54th Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Bowen Broun of 46th Brown of 26th Cheeks Clay Crotts Dean Fort Gillis Griffin

Guhl Harbison Henson Hill Hooks James Kemp Langford Madden Marable Middleton Oliver

Perdue Ragan Scott Starr Stokes Streat Taylor Thomas of 10th Thompson Turner Walker

Those not voting were Senators Johnson of 2nd (excused) and Land.

On the adoption of the amendment, the yeas were 19, nays 35, and the Price amend ment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended.

MONDAY, MARCH 24, 1997

1411

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 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 Johnson of 2nd (excused).

On the passage of the bill, the yeas were 55, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Taylor of the 12th moved that HB 377 be immediately transmitted to the

'

House.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 377 was imme diately transmitted.

The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 103 by inserting following the word and symbol "usage;" on line 7 of page 1 the following:
"to provide for recovery by a person whose electronic signature is used in an unauthor ized fashion; to provide for a definition;".
By deleting the quotation mark at the end of line 32 of page 2 and by inserting between lines 32 and 33 of page 2 the following:
"10-12-5.
A person whose electronic signature is used in an unauthorized fashion may recover or obtain any or all of the following against the person who engaged in such unauthorized

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JOURNAL OF THE SENATE

use, provided that the use of such electronic signature in an unauthorized fashion was negligent, reckless, or intentional:
(1) Actual damages;
(2) Equitable relief, including, but not limited to, an injunction or restitution of money or property;
(3) Punitive damages under the circumstances set forth in Code Section 51-12-5.1;
(4) Reasonable attorney's fees and expenses; and
(5) Any other relief which the court deems proper.
As used in this Code section the term 'person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.'".
Senator Tysinger of the 41st moved that the Senate agree to the House amendment to SB 103.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Ralston

Ray

Roberts

Scott

Stokes

Streat

Tanksley

'

Taylor

Thomas of 54th

Thomas of 10th

Thompson

Turner

Tysinger

Walker

Those not voting were Senators:

Crotts Johnson of 2nd (excused)

Ragan Starr

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment.
The Calendar was resumed.

HR 457. By Representatives Smith of the 169th, Byrd of the 170th, Coleman of the 142nd and others:
A resolution directing the Department of Human Resources to expend certain appropriated funds for certain purposes. Senate Sponsor: Senator Perdue of the 18th.

MONDAY, MARCH 24, 1997

1413

The Senate Health and Human Services Committee offered the following substitute to HR 457:

A RESOLUTION

Directing the Department of Human Resources to expend funds appropriated to the depart ment for state fiscal year 1998 for the purpose of teen pregnancy prevention on programs emphasizing abstinence from sexual intercourse; and for other purposes.
WHEREAS, the problem of teen pregnancy in this state has reached epidemic proportion and it is incumbent upon this body to take appropriate measures to alleviate this situation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that funds appropriated to the Department of Human Resources for state fiscal year 1998 for the purpose of teen pregnancy prevention shall ensure a primary emphasis on absti nence education which:
(1) Has as its exclusive purpose, teaching the social, psychological, and health gains to be realized by abstaining from sexual activity;
(2) Teaches abstinence from sexual activity outside marriage as the expected standard for all school age children;
(3) Teaches that abstinence from sexual activity is the only certain way to avoid out-ofwedlock pregnancy, sexually transmitted diseases, and other associated health problems;
(4) Teaches that a mutually faithful monogamous relationship in the context of marriage is the expected standard of human sexual activity;
(5) Teaches that sexual activity outside of the context of marriage could have harmful psychological and physical effects;
(6) Teaches that bearing children out-of-wedlock is likely to have harmful consequences for the child, the child's parents, and society;
(7) Teaches young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and
(8) Teaches the importance of attaining self-sufficiency before engaging in sexual activity.
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 Board of Human Resources and commissioner of human resources.
Senator Thomas of the 10th offered the following amendment:
Amend the committee substitute to HR 457
by deleting on line 13 after shall "ensure a primary emphasis on" and insert include before abstinence.
Delete on line 15, pg 1 (1) "Has as its exclusive purpose," delete teaching and insert the word "teaches"
Delete lines 21-30 on page 1
On the adoption of the amendment, Senator Thomas of the 10th called for the yeas and nays.
The call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Brown of 26th Fort Griffin

Harbison James Oliver

Scott Stokes Thomas of 10th

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis

Glanton Gochenour Guhl Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue

Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Henson

Johnson of 2nd (excused)

Walker

On the adoption of the amendment, the yeas were 9, nays 44, and the Thomas amend ment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 30, nays 5, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the 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 Gillis

Glanton Gochenour Guhl Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue

Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those voting in the negative were Senators:

Brown of 26th Fort Griffin

Harbison James Oliver

Scott Stokes Thomas of 10th

Those not voting were Senators:

Henson

Johnson of 2nd (excused)

Walker

On the adoption of the resolution, the yeas were 44, nays 9.

MONDAY, MARCH 24, 1997

1415

The resolution, having received the requisite constitutional majority, was adopted by substitute.
The following bill was taken up to consider House action thereto:
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 plates and revalidation decals shall be issued to vehicle owners instead of as signed to vehicles.
The House amendment was as follows:
Amend the Senate substitute to HB 205 by striking line 24 of page 1 and inserting in lieu thereof the following:
"license plates; to change certain provisions relating to issuance and replacement of cer tificates of registration; to change certain provisions relating to permanent registration and license plates for certain trailers; to change certain provisions relating to special license plates for leased or rented trailers; to amend Title 48 of the Official Code of.
By inserting between lines 11 and 12 of page 13 the following:
"SECTION 11A.
Said title is further amended by striking Code Section 40-2-32, relating to issuance and replacement of certificates of registration, and inserting in its place the following:
"40-2-43.
Upon an applicant's compliance with all laws relevant to the registration of his vehicle, the appropriate licensing authority shall issue to such applicant a certificate of registra tion for his vehicle. If a registration certificate issued under this chapter is lost, stolen, mutilated, or destroyed or becomes illegible, the registered owner shall promptly make application for a duplicate registration certificate to the commissioner. The commis sioner, upon receipt of an application and a fee of 56tf $1.00, shall issue the registered owner a duplicate registration certificate. If the application for a duplicate registration certificate is submitted to the same county that issued the current certificate of registra tion, the county tag agent may issue the duplicate registration certificate and may retain the application fee as compensation for issuing such duplicate certificate of registration.'".
By inserting between lines 27 and 28 of page 13 the following:
"SECTION 12A.
Said title is further amended by striking Code Section 40-2-47, relating to permanent regis tration and license plates for certain trailers, and inserting in its place the following:
'40-2-47.
(a) Notwithstanding any other provision of this chapter to the contrary, the owner of any trailer including any leased or rented trailer and including single pole and twin-beam trailers and other trailers used in commercial logging or commercial trailers used for the hauling of unprocessed farm products used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire, a private carrier, or a motor carrier of property shall have the option of obtaining a permanent registration and license plate for such trailer, in lieu of an annual registration and license plate, upon the payment of the one-time fee specified in Code Section 48-10-2 and compliance with the provisions of this Code section; provided, however, that boat trailers, utility trailers, and noncommercial cattle and livestock trailers shall not qualify for such permanent regis tration and license plate. The certificate of registration and license plate issued for a specific trailer under this Code section shall continue to be valid for the duration of the

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JOURNAL OF THE SENATE

owner's interest in such trailer. No registration or license plate issued for any trailer under this Code section shall be transferred for any reason and a new registration and license plate shall be required when ownership of the trailer is transferred to a new owner. The payment of the fee for a permanent registration and license plate shall be in addition to and not in lieu of the payment of annual ad valorem taxes on such trailer during the period of December 1 to February 15.
(b) As used in this Code section, the term "leased or rented trailer" means any utility trailer that is owned by and leased or rented out by a person, firm, or corporation in the business of leasing or renting out such trailers.'".
By inserting after line 38 of page 20 the following:
"SECTION 26A.
Said title is further amended by striking Code Section 40-2-79, relating to special license plates for leased or rented trailers, and inserting in its place the following:
'40-2-79.
Vet) As Usetl ill tins vJudc cttjtLiOH, tile ttirilT ti*illlt;i nieciiid friiy HiiiliLy tJl'ill6T~ tlictt IS OwiicCl Jj_y ciiiu Itsaseu Oi relYtcU. ullL L)_y ci |jt;iouilj lniii, OF COi'pOidLiuii ni bile UuSiil&Ss ul ic&Snig ur

\{j) 1.116 COiliIillSbiOilcl IS 3.U.triuiilieQ tu iSriLlti ciii clim uitl SJjtjCicil llCtJiiSt; 1-iltil/t; lur Lictilcis.

t,C} Aii_y Li'tilife! "OWUfiVj UpOll COiilpl^ 111 Wltli Lllc ll\vS i'elfl.tlli^ tO lnejSti*ktlOH tiliu llC6ilSiii^
iiiiu. Upon l/lle pa^ilifellt Ol 3. tpo.UU I^c, StlS.ll u6 1SSU.6U y.lliiu.tillj' tlit: HjiiiClfl.! liCcilSfe jjlSt/6
authorized by this Code sectiuii. Reserved.'".

By striking lines 26 through 30 of page 28 and inserting in lieu thereof the following:

"to taxation as provided in this Code section.'".

Senator Thompson of the 33rd moved that the Senate agree to the House amendment

to the Senate substitute to HB 205.

,

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin

Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue

Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Voting in the negative were Senators Blitch and Price of 56th.

Those not voting were Senators:

Abernathy Gochenour

Johnson of 2nd (excused) Walker

MONDAY, MARCH 24, 1997

1417

On the motion, the yeas were 50, nays 2, and the Senate agreed to the House amend ment to the Senate substitute to HB 205.
The following bill was taken up to consider House action thereto:
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.
Senator Brush of the 24th moved that the Senate adhere to its substitute to HB 97 and that a Conference Committee be appointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 97. The President stated he would announce the conferees at a later time.
At 12:13 P.M., the President announced that the Senate would stand in recess until 1:30 P.M.
The President called the Senate to order at 1:30 P.M. The 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 1044. By Representative Dukes of the 161st:
A bill to amend an Act creating a charter for the City of Newton, so as to provide for the election and terms of the members of the city council.
HB 1046. By Representative Scott of the 165th:
A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," or, in the alternative, that Act introduced during the regular 1997 session of the General Assembly to provide a new charter for the City of Tifton if such Act becomes law, so as to change the corporate limits of the City of Tifton.
HB 1048. By Representative Scott of the 165th:
A bill to provide a new charter for the City of Tifton.
HB 1051. By Representative Jamieson of the 22nd:
A bill to amend an Act creating the Banks County board of commissioners, so as to change the compensation of the chairman and other members of the board of commissioners.
HB 1052. By Representative Martin of the 145th:
A bill to provide for the membership of the Jenkins County Development Au thority.

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JOURNAL OF THE SENATE

HB 1053. By Representatives Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st and others:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change and expand the corporate limits of the City of Savannah.

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.

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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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.
The Calendar was resumed.

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.
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan

Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins James Johnson of 1st

Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan

MONDAY, MARCH 24, 1997

1419

Ralston Ray Roberts Scott

Starr Stokes Streat Thomas of 54th

Thompson Turner Tysinger

Voting in the negative were Senators Cagle and Tanksley.

Those not voting were Senators:

Abernathy Bowen Hooks

Johnson of 2nd (excused) Taylor

Thomas of 10th Walker

On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed.

HB 174. By Representatives Powell of the 23rd, McCall of the 90th and Coleman of the 80th:

A bill to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions of terms for purposes of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, so as to change the definition of used motor vehicle dealer and used car dealer.
Senate Sponsor: Senator Streat of the 19th.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears 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 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 Bowen

Glanton Johnson of 2nd (excused)

Walker

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

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Land of the 16th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour

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

'

Those not voting were Senators:

Bowen Clay Griffin

Johnson of 2nd (excused) Langford

Oliver Walker

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

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.
Senate Sponsor: Senator Henson of the 55th.
The Senate Consumer Affairs Committee offered the following substitute to HB 71:
A BILL
To be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telephone and telegraph service, so as to provide for legislative findings and intent; to define certain terms; to prohibit certain unsolicited telephone calls to resi dential subscribers who have given notice of their objection to such calls to the Georgia Public Service Commission; to establish a data base to collect such objections and provide

MONDAY, MARCH 24, 1997

1421

for its operation by the Georgia Public Service Commission; to provide for fees to be charged to residential telephone subscribers who are included in the data base or to per sons or entities accessing the data base; to restrict the use of information contained in the data base and to provide that such information is not subject to public inspection or disclo sure; to require any person or entity who makes an unsolicited telephone call to state, at the beginning of such call, the identity of the person or entity initiating the call; to require certain additional oral and written disclosures in connection with certain unsolicited tele phone calls; to prohibit the blocking, by a person or entity making an unsolicited telephone call, of a residential subscriber's use of a caller identification service; to provide for enforce ment by the administrator of consumer affairs, pursuant to certain provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975"; to provide for a civil action; to provide for related matters; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding a new Code section, to be designated as Code Sec tion 46-5-27, to read as follows:
"46-5-27.
(a)(l) The General Assembly recognizes that the citizens of this state received numer ous unsolicited telephone calls from various entities, interests, and industries and that commercial telemarketers originate a high percentage of these calls. The General Assembly further recognizes that the citizens of Georgia are entitled to enjoy freedom from unwanted intrusions into their homes. It is the intent of this Code section to:
(A) Strike a balance between commercial free speech and citizens' rights to privacy; and
(B) Provide those citizens who do not wish to receive commercial solicitations at home with a means of preventing such calls, while allowing commercial telemarketers to continue to call those citizens who do wish to receive such calls at home.
(2) As used in this Code section, the term:
(A) 'Caller identification service' means a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls.
(B) 'Established business relationship' means a prior or existing relationship, not previously terminated by either party, formed by a voluntary two-way communica tion between a person or entity and a residential subscriber with or without an ex change of consideration, on the basis of an inquiry, application, purchase, or transaction by the residential subscriber regarding specific products or specific serv ices offered by such person or entity but shall not extend to other products or services offered by such person or entity.
(C) 'Residential subscriber' means a person who has subscribed to residential tele phone service from a local exchange company or the other persons living or residing with such person.
(D) 'Unsolicited telephone call' means any voice communication over a telephone line from or on behalf of a person or entity with whom a residential subscriber has no established business relationship or personal relationship. Such communication may be from a live operator, through the use of ADAD equipment as defined in Code Section 46-5-23, or by other means.
(b) (1) No person or entity shall make or cause to be made an unsolicited telephone call advertising or offering for sale, lease, rental, or as a gift any goods, services, or prop erty or soliciting donations of money, goods, services, or property to the telephone line

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of any residential subscriber in this state who has given notice to the commission, in accordance with regulations promulgated under subsection (c) of this Code section, of such subscriber's objection to receiving such unsolicited telephone calls.
(2) The prohibition in paragraph (1) of this subsection shall not apply to charitable solicitations by or on behalf of a charitable organization which has filed a registration statement pursuant to Code Section 43-17-5, is exempt from such registration under paragraphs (1) through (6) of subsection (a) of Code Section 43-17-9, or is exempt from such registration as a religious organization or agency referred to in paragraph (2) of Code Section 43-17-2.
(c) (1) The commission shall establish and provide for the operation of a data base to compile a list of telephone numbers of residential subscribers who object to receiving unsolicited telephone calls. It shall be the duty of the commission to have such data base in operation no later than January 1, 1998.
(2) Such data base may be operated by the commission or by another entity under contract with the commission.
(3) No later than January 1, 1998, the commission shall promulgate regulations which:
(A) Require each local exchange company to inform its residential subscribers of the opportunity to provide notification to the commission or its contractor that such sub scriber objects to receiving unsolicited telephone calls;
(B) Specify the methods by which each residential subscriber may give notice to the commission or its contractor of his or her objection to receiving such calls or revoca tion of such notice;
(C) Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice;
(D) Specify the methods by which such objections and revocations shall be collected and added to the data base;
(E) Specify the methods by which any person desiring to make unsolicited telephone/ calls will obtain access to the data base as required to avoid calling the telephone numbers of residential subscribers included in the data base; and
(F) Specify such other matters relating to the data base that the commission deems desirable.
(4) If, pursuant to 47 U.S.C. Section 227 (c) (3), the Federal Communications Commis sion establishes a single national data base of telephone numbers of subscribers who object to receiving telephone solicitations, the commission shall include the part of such single national data base that relates to Georgia in the data base established under this Code section.
(d) A residential subscriber shall be charged a fee of $5.00, payable to the commission, for each notice for inclusion in the data base established under this Code section. A person or entity desiring to make unsolicited telephone calls shall be charged a fee of $10.00 per year payable to the commission for access to or for paper or electronic copies of the data base established under this Code section.
(e) Information contained in the data base established under this Code section shall be used only for the purpose of compliance with this Code section or in a proceeding or action under subsection (g) or (h) of this Code section. Such information shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50.
(f)(l) Any person or entity who makes an unsolicited telephone call to the telephone line of any residential subscriber in this state shall, at the beginning of such call, state clearly the identity of the person or entity initiating the call.
(2) No person or entity who makes an unsolicited telephone call to the telephone line of a residential subscriber in this state shall utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service.

MONDAY, MARCH 24, 1997

1423

(3)(A) Any person or entity who makes an unsolicited telephone call, other than a call placed through the use of ADAD equipment, to the telephone line of a residential subscriber in this state for the purpose of providing, offering to provide, or arranging for others to provide goods or services to the customer in exchange for consideration shall, at the beginning of such call, disclose the following information:
(i) The identity of the seller;
(ii) That the purpose of the call is to sell goods or services;
(iii) The nature of the goods or services; and
(iv) That no purchase or payment is necessary to be able to win a prize or partici pate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the person called. If requested by that person, the telemarketer must disclose the no purchase/no payment entry method for the prize promotion.
(B) Before a customer pays for goods or services offered, the telemarketer shall disclose to the customer the following material information:
(i) The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the sales offer;
(ii) All material restrictions, limitations, or conditions to purchase, receive, or use the goods or services that are the subject of the sales offer;
(iii) If the seller has a policy of not making refunds, cancellations, exchanges, or repurchases, a statement informing the customer that this is the seller's policy; or, if the seller or telemarketer makes a representation about a refund, cancellation, ex change, or repurchase policy, a statement of all material terms and conditions of such policy; and
(iv) Any material aspect of an investment opportunity including, but not limited to, risk, liquidity, earnings potential, or profitability.
(C) The telemarketer's sales transaction shall be considered final only after the cus tomer has received a written notice which shall contain in not less than 12 point bold face type the oral disclosures required by subparagraph (B) of this paragraph. Such written notice shall be delivered by certified mail to the customer. The customer's pay ment is not due until after receipt of the required notice.
(g) The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 shall have authority to initiate proceedings, pursuant to Code Section 10-1-397, relating to a violation or threatened knowing violation of subsection (b) or (f) of this Code section. Such proceedings include without limitation proceedings to issue a cease and desist or der, to issue an order imposing a civil penalty up to a maximum of $2,000.00 for each violation, and to seek additional relief in any superior court of competent jurisdiction. Such actions shall be brought in the name of the state. The provisions of Code Sections 10-1-398, 10-1-398.1, and 10-1-405 shall apply to proceedings initiated by the adminis trator under this subsection. The administrator is authorized to issue investigative de mands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of subsection (b) or (f) of this Code section, in accordance with the provisions of Code Sections 10-1-403 and 10-1-404.
(h) Any person who has received more than one telephone call within any 12 month pe riod by or on behalf of the same person or entity in violation of subsection (b) or (f) of this Code section may either bring an action to enjoin such violation; bring an action to re cover for actual monetary loss from such knowing violation or to receive up to $2,000.00 in damages for each such knowing violation, whichever is greater; or bring both such actions.
(i) It shall be a defense in any action or proceeding brought under subsection (g) or (h) of this Code section that the defendant has established and implemented, with due care,

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reasonable practices and procedures to effectively prevent telephone calls in violation of this Code section.
(j) No action or proceeding may be brought under subsection (g) or (h) of this Code section:
(1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or
(2) More than two years after the termination of any proceeding or action by the State of Georgia, whichever is later.
(k) A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this Code sec tion in accordance with the provisions of Code Section 9-10-91.
(1) The remedies, duties, prohibitions, and penalties of this Code section are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.
(m) No provider of telephone caller identification service shall be held liable for violations of this Code section committed by other persons or entities."

SECTION 2.

This Act shall become effective on July 1, 1997, for purposes of administrative establish ment of the data base, including receipt of notices, by the Public Service Commission and shall become effective for all purposes on January 1, 1998.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Broun of the 46th offered the following amendment:
Amend the committee substitute to HB 71 by striking on page 6 lines one through lines 8 (0
On the adoption of the Broun amendment to the committee substitute, Senator Henson of the 55th 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 Bowen Brush Cagle Clay Crotts Egan
Gillis

Gochenour Guhl Harbison Hooks Lamutt Land Madden Middleton
Perdue

Price of 28th Ralston Ray Roberts Starr Tanksley Thomas of 54th Tysinger

Those voting in the negative were Senators:

Abernathy Boshears Brown of 26th Burton
Cheeks Dean Fort Glanton Griffin

Henson Hill Muggins James
Johnson of 1st Kemp Langford Marable Oliver

Price of 56th Ragan Scott Stokes
Streat Taylor Thomas of 10th Turner Walker

MONDAY, MARCH 24, 1997

1425

Those not voting were Senators:

Broun of 46th

Johnson of 2nd (excused)

Thompson

On the adoption of the amendment, the yeas were 26, nays 27, and the Broun amend ment to the committee substitute was lost.
Senators Henson of the 55th and Oliver of the 42nd offered the following amendment:
Amend the Senate Consumer Affairs Committee substitute to HB 71 by striking line 25 of page 3 and inserting in lieu thereof the following:
"to receiving unsolicited telephone calls of a type described in paragraph (1) of subsection (b) of this Code section. It shall be".
On the adoption of the amendment, the yeas were 37, nays 0, and the Henson, Oliver amendment to the committee substitute was adopted.
Senator Brush of the 24th offered the following amendment:
Amend the committee substitute to HB 71 by deleting on page 7 lines 26 and 27 Section 3 entirely and inserting a new Section 3 as follows:
"This act shall not apply to telephone calls by or on behalf of persons or entities princi pally engaged in constitutionally protected exercise of the right of freedom of religion, speech, assembly or petition and in furtherance thereof.
Add in Section 4 to read as follows:
All laws and parts of laws in conflict with this act are repealed.
Senator Brush of the 24th offered the following amendment:
Amend the Brush amendment to the committee substitute to HB 71 by adding "non commercial" after "in" on line 7
On the adoption of the amendment, the yeas were 22, nays 13, and the Brush amend ment to the Brush amendment to the committee substitute was adopted.
On the adoption of the Brush amendment to the committee substitute, the yeas were 6, nays 27, and the Brush amendment to the committee substitute was lost.
Senator Broun of the 46th offered the following amendment:
Amend the committee substitute to HB 71 on page 6, starting at line 5 through line 8, striking the words: "Such written notice shall be delivered by certified mail to the customer."
On the adoption of the Broun amendment to the committee substitute, Senator Henson of the 55th called for the yeas and nays.
The call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brush Cagle Clay Crotts Egan

Gillis Gochenour Lamutt Land Madden Oliver

Perdue Price of 28th Ralston Ray Roberts Starr

Those voting in the negative were Senators:

Abernathy Balfour Boshears Bowen Brown of 26th Burton Cheeks

Dean Fort Glanton Griffin Guhl Harbison Henson

Hill Hooks Huggins James Johnson of 1st Kemp Langford

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JOURNAL OF THE SENATE

Marable Middleton Price of 56th Ragan Scott

Stokes Streat Tanksley Taylor Thomas of 54th

Those not voting were Senators:

Blitch

Johnson of 2nd (excused)

Thomas of 10th Thompson Tysinger Walker
Turner

On the adoption of the amendment, the yeas were 18, nays 35, and the Broun amend ment to the committee substitute was lost.
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:

Abernathy Balfour 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 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

Voting in the negative were Senators Egan and Tanksley.

Those not voting were Senators Blitch and Johnson of the 2nd (excused).

On the passage of the bill, the yeas were 52, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Dean of the 31st moved that HB 71 be immediately transmitted to the House.
On the motion, the yeas were 34, nays 2; the motion prevailed, and HB 71 was immedi ately transmitted.

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.
Senate Sponsor: Senator Hooks of the 14th.

MONDAY, MARCH 24, 1997

1427

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

Johnson of 2nd (excused)

Johnson of 1st

Walker

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

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.
Senate Sponsor: Senator Egan of the 40th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks

Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison

Henson Hill Huggins James Kemp Lamutt Land Langford Madden Marable

1428

JOURNAL OF THE SENATE

Middleton 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 voting were Senators:

Brown of 26th Fort Hooks

Johnson of 2nd (excused) Johnson of 1st Oliver

Scott Taylor

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

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.
Senate Sponsor: Senator Thomas of the 10th.
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 889 by striking on line 20 of page 1 the following:
"has not voted in any election,",
and inserting in lieu thereof the following:
"has iiul vutud in any election,".
By adding after the term "Secretary of State" on line 25 of page 1 the following:
", has not signed a voter's certificate".
By adding after the word "In" on line 28 of page 1 the following:
"the first six months of'.
By striking in its entirety line 10 of page 2 and inserting in lieu thereof the following:
"described in this Code section to shall be sent to each such".
On the adoption of the amendment, the yeas were 39, nays 0, and the committee amendment was adopted.
Senators Dean of the 31st, Thomas of the 10th and others offered the following substitute:
A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for persons 16 years of age and older to be appointed as poll officers in all elections; 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; to provide for procedures and limitations; to provide that absentee ballots and their return envelopes shall bear certain warnings re garding election fraud; to provide for the mailing of absentee ballots for general and special primaries and elections held during the remainder of a calendar year upon one proper ap plication by any of certain eligible absentee electors who are elderly or disabled; to amend Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to

MONDAY, MARCH 24, 1997

1429

absentee voting in municipal elections, so as to provide for the mailing of absentee ballots for general and special primaries and elections held during the remainder of a calendar year upon one proper application by certain eligible absentee electors who are elderly or disabled; to authorize the promulgation of rules and regulations by the Secretary of State governing the foregoing; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Code Section 21-2-92, relating to qualifications of poll officers in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-92 to read as follows:
"21-2-92.
Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright eleclui t> residents of the county in which they are appointed, 16 years of age or over, and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination or public office or to be voted for at a primary or election at which the poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, motherin-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election."
SECTION 2.
Said title is further amended by striking Code Section 21-2-234, relating to inactive elec tors and procedures related thereto, and inserting in lieu thereof a new Code section to read as follows:
"21-2-234.
(a) (1) As used in this Code section and Code Section 21-2-235, the term 'no contact' shall mean that the elector has iiut vuted in any election, has not filed an updated voter registration card, has not filed a change of name or address, has not signed a petition which is required by law to be verified by the election superintendent of a county or municipality or the Secretary of State, has not signed a voter's certificate, and has not confirmed the elector's continuation at the same address during the preceding three calendar years.
(2) In the first six months of'Beginning in 1997, piiui tu Febiuaiy 1 of each odd-numbered year, the Secretary of State shall identify all electors whose names appear on the list of electors with whom there has been no contact during the preceding three calen dar years and who were not identified as changing addresses under Code Section 21-2233. The Secietaiy uf Slate blidll cause the confirmation notice described in this Code section to shall be sent to each such elector prior to Maich 1 of during each odd-num bered year. Such notices shall be sent by forwardable, first-class mail.
(b) When mailings to electors whose names appear on the list of electors, including, but not limited to, acknowledgments under Code Section 21-2-226, are returned undeliverable by the United States Postal Service, the Secretary uf Slate shall cause the confirma tion notice described in this Code section to shall be sent to such electors.
(c) The confirmation notice shall be a postage prepaid, preaddressed return card on which an elector may state such elector's current address and which also includes a no tice which states substantially the following:

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JOURNAL OF THE SENATE

(1) If the elector has not changed addresses or has changed addresses within the county in which the elector is currently registered, the elector must return the card with the updated information, if any, nu lalei Lliaii Ihe close uf business uu the fuujth
1 i iut_y ^ji iui Lu Llic iit^AL gcncicil ^liiainiy ui gencitil dccliun 1O1' Idicial ulliutjo \JL ^jicSl-
deiitlal piefei'eucb piimaiy, whiilievei cumes fiist, within 30 days after the date of the notice; and
(2) If the card is not returned, the electui will be luquhud to affiim ui cuiiflim the
eiltliii.j Oil tlic Qky iiilci' Llle ScCOnu. rNOVe.ll.lOer eltiCtujn WlliCli OCCUl'S <llLe.i' tile Qiitti ui
the notice, and within 30 days after the date of the notice, the elector's name shall be transferred to the inactive list of electors provided for in Code Section 21-2-235.
(3) 11 trie clcutui* uueS iiot Vote 111 &il election QU.IT.11^ tlie period ue^lHlllllgTln.1 tlT6 u&te OI
ltllll OH tJltS Clil^^y ciltel1 tlie seCOiiu iNGvemljci eleCt>iGil >VlliCli uCClirs alLci
thu date uf the nulice, Hie elector's name will be reiuuved fiuni the list uf electuis.
(d) If the elector returns the card and shows that he or she has changed residence to a place outside of the boundaries of the county in which the elector is currently registered, the elector's name shall be removed from the list of electors and information shall be sent to the elector explaining how the elector can continue to be eligible to vote.
(e) If the elector returns the card and states that the elector has changed residences within the county in which the elector is currently registered, the elector shall remain on the list of electors, the registration records shall be corrected to reflect such new address, and a new voter identification card shall be issued pursuant to Code Section 21-2-226.
fe) (f) If such elector returns the card and confirms that such elector continues to reside at fEe current address at which such elector is registered, the fact of such confirmation shall be recorded and the elector shall remain on the list of electors. If the electui letuins the card aud slates that the electui has changed i evidences within the ojimty In which the eleitui it, cuiiuiilly legislated, lliu eletlui shall leniain uu the list uf elecluis,
tile i'fe^JlStrfl.tlOH I'cCOi'ClS Sililil UtS Cuil'tiCtfed tO iLt;IlcCt S null lie W eiClCll'tjSS, cluu. ct HcW VGttir IQ^nLiliurttiuil C&i'u Sililil Ije iSSticCl |ju.i'su.ciJiiL tu vJOut! iotJcLiOli 1 -&i-i&\j.
\l) Ti tile eleCt/Oi" i'et>Lii'iliS t/lle CSrtI tiiiu St3.t6S tliilt tll^ eleCtOi' 113.S CIlRii^eCl SClClrtiSStiS OU.tSlQ6 Oi t/ilt; tjuU.liQil.ri6S JH WlliCll Llitli tiltiCtOi' IS CLUTCfliLly i'e^flStSlTt;u lu Vute, t/116 SleCLUi S
iicniit; Sli3.ll tie reiliuveCl li'Olil tll.e IlSt; OI electors.
(g) If the elector fails to return the card within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235.
(h) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote.
(i) List maintenance activities pursuant to this Code section and Code Section 21-2-233 shall be completed not later than 90 days prior to a general primary or general election for federal offices or a presidential preference primary. This subsection shall not apply to notices sent pursuant to subsection (b) of this Code section."
SECTION 3.
Said title is further amended by striking Code Section 21-2-235, relating to an inactive list of electors, and inserting in lieu thereof a new Code section to read as follows:
"21-2-235.
(a) In addition to the Official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting machines or vote record ers needed for a precinct, the number of electors required to divide or constitute a pre cinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition

MONDAY, MARCH 24, 1997

1431

signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records.
(b) An elector placed on the inactive list of electors shall remain on such list until the day after the second November general election held after the elector is placed on the inactive list of electors. If the elector dues nut vute iii auy eletUon held makes no contact, as defined in Code Section 21-2-234, during that period, the elector shall be removed from the inactive list of electors.
(c) An elector whose name is on the inactive list of electors may vote:
(1) If the elector has not changed residences, at the polling place of such elector's last address upon affirming in writing that such elector still resides at the address shown on such elector's registration records;
(2) If the elector has moved to an address within the county in the same precinct, such elector may vote at the polling place of such elector's last address upon affirming in writing that such elector resides in the county by completing a change of address card affirming the new address within the county; or
(3) If the elector has moved to an address within the county in a different precinct, such elector may vote at the polling place of such elector's last address, for that election and any runoffs resulting from such election only, upon affirming in writing that such elec tor still resides in the county and completing a change of address card affirming the new address within the county.
(d) If an elector whose name appears on the inactive list of electors appears at the polls and votes as provided under subsection (c) of this Code section, the board of registrars shall transfer the elector's name back to the official list of electors and shall make any necessary corrections in the elector's registration records.
(e) In addition to the official list of electors provided to each polling place, there shall also be provided an inactive list of electors."
SECTION 4.
Said title is further amended by striking in its entirety Code Section 21-2-381, relating to application for absentee ballots, eligibility determination, furnishing applications to col leges and universities, and persons entitled to apply, and inserting in lieu thereof a new Code section to read as follows:
"21-2-381.
(a) (1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfac tory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient infor mation for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent

1432

JOURNAL OF THE SENATE

mailing address of the elector as recorded on the elector's voter registration record or a temporary out of county address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness; provided, how ever, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to: (A) an eligible absen tee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen; or (B) any elector meeting criteria of advanced age or disability specified by rule or regu lation of the Secretary of State for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Fur ther, such application for an absentee ballot to be used in any election shall be suffi cient to require the mailing of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.
(2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate.
(b) Upon receipt of a timely application, a registrar shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the registrar shall certify by signing in the proper place on the applica tion and shall either mail the ballot as provided in this Code section or issue the ballot to / the elector to be voted within the confines of the registrar's office or deliver the ballot in person to the elector if such elector is confined to a hospital. If found ineligible, the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board of registrars for at least one year. If the registrar is unable to determine the iden tity of the elector from information given on the application, the registrar should promptly write to request additional information. In the case of an unregistered appli cant who is eligible to register to vote, the board shall immediately mail a blank registra tion card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the board not later than the close of the polls on the day of the primary or election concerned.
(c) In those counties in which the board of registrars provides application forms for ab sentee ballots, the board shall provide such quantity of the application form to the dean of each college or university located in that county as said dean determines necessary for the students of his such college or university.
(d) (1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absen tee ballot in any election for presidential electors and United States senator or repre sentative in Congress:

MONDAY, MARCH 24, 1997

1433

(A) If he such citizen was last domiciled in Georgia immediately before his departure from the United States; and
(B) If he such citizen could have met all qualifications, except any qualification relat ing to minimum voting age, to vote in federal elections even though, while residing outside the United States, he or she does not have a place of abode or other address in Georgia.
(2) An individual is entitled to make application for an absentee ballot under para graph (1) of this subsection even if his such individual's intent to return to Georgia may be uncertain, as long as:
(A) He or she has complied with all applicable Georgia qualifications and require ments which are consistent with 42 U.S.C. Section 1973ff concerning absentee regis tration for and voting by absentee ballots;
(B) He or she does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and
(C) He or she has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. Section 1973ff and appli cable state requirements, if a citizen does not possess a valid passport or card of identity and registration.
(e) The Secretary of State is authorized to promulgate reasonable rules and regulations for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates."
SECTION 5.
Said title is further amended by striking in its entirety Code Section 21-2-383, relating to preparation and delivery of absentee ballots and form of ballots, and inserting in lieu thereof a new Code Section 21-2-383 to read as follows:
"21-2-383.
Ballots for use by absentee electors shall be prepared sufficiently in advance by the su perintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substan tially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: ' I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues in cluded in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State."
SECTION 6.
Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2384, relating to the preparation and delivery of supplies, mailing of ballots, oath of absen tee electors and persons assisting absentee electors, master list of ballots sent, and chal lenges in elections and primaries generally, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:

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JOURNAL OF THE SENATE

I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is _______^^___ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absen tee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

Elector's Residence Address

Elector's Place of Birth

Month and Day of Elector's Birth

Maiden Name of Muthei uf Electui

Signature or Mark of Elector
Oath of Person Assisting Elector (if any):
I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409.
This, the ______ day of _____________, 19______.

Signature of Person Assisting Elector -- Relationship
Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language.
( ) Elector has following physical disability _____________.
The forms upon which such oaths are printed shall contain the following information:
Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election.
Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in vot ing, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor."
SECTION 7.
Said title is further amended by striking in its entirety Code Section 21-3-34, relating to qualifications of poll officers in municipal elections, and inserting in lieu thereof a new Code Section 21-3-34 to read as follows:
"21-3-34.
(a) Poll officers shall be duulurfe residents of the municipality in which they are appointed or the county in which the municipality is located, 16 years of age or older, and shall be able to read, write, and speak the English language. No poll officer shall be eligible to

MONDAY, MARCH 24, 1997

1435

any nomination or public office to be voted for at a primary or election in which such poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election.
(b) Notwithstanding the provisions of subsection (a) of this Code section, in the event that a municipal primary or election is held in conjunction with a regular county, state, or federal election, poll officers assigned by the county election superintendent to conduct such county, state, or federal election shall also be authorized to serve as poll officers to conduct such municipal election or primary and shall not be required to be residents of said municipality."
SECTION 8.
Said title is further amended by striking in its entirety Code Section 21-3-283, relating to application for an absentee ballot, eligibility determination, delivery of ballots to eligible applicants, and notice to rejected applicants, and inserting in lieu thereof a new Code sec tion to read as follows:
"21-3-283.
(a) Any absentee elector may make an application either by mail, by facsimile transmis sion, or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughterin-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the elector's permanent address as recorded on the elector's voter registration record or temporary address outside of the municipality. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness.
(b) One timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to: (1) an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member;; or (2) any elector meeting criteria of ad vanced age or disability specified by rule or regulation of the Secretary of State for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such an election. In any event, a separate and distinct appli cation for an absentee ballot shall be required for any special election or special primary.

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(c) Upon receipt of a timely application, the absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the absentee ballot clerk shall certify by signing in the proper place on the application and either mail the ballot, as provided in Code Sec tion 21-3-284, issue the ballot to the elector to be voted within the confines of the absen tee ballot clerk's office, or deliver the ballot in person to the elector if he or she is confined to a hospital. If found ineligible, the clerk shall deny the application by writing the rea son for the rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of his or her ineligibility, a copy of which should be retained on file in the office of the absentee ballot clerk. If the absentee ballot clerk is unable to determine the identity of the elector from information given on the application, he the clerk should promptly write to request additional information.
(d) The Secretary of State is authorized to promulgate reasonable rules and regulations for the implementation of subsection (b) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, in cluding, but not limited to, comparison of voter registration records with death certificates."
SECTION 9.
Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 21-3-284, relating to the form of absentee ballots, preparation and delivery of sup plies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, and list of ballots sent in municipal elections, and inserting in lieu thereof new subsections (a) and (d) to read as follows:
"(a) The ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in municipalities using voting machines or vote recorders the ballots may be in substantially the form for ballot labels required by Article 9 of this chapter or in such form as will allow the ballots to be machine tabulated. Every such ballot shall have printed on the face thereof the ' following: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for absentee ballots shall be determined and prescribed by the superintendent, ex cept that the Secretary of State shall determine and prescribe the form for ballots not following the paper ballot format."
"(d) The oaths referred to in subsection (c) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is _____________ City, _____r^______ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot; nor will I mark or mail another absentee ballot for voting in such primary or election, nor shall I vote there therein in person; and that I have read and understand the instructions accompanying this ballot and that I have carefully com plied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of

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1437

voter fraud and is a felony under Georgia law.

Elector's Residence Address

Month and Day of Elector's Birth

Signature or Mark of Elector

Oath of Person Assisting Elector (if any):

I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me, that I am satisfied that such elector presently possesses the disability noted below, and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-3-318.

This, the

day of _____________, 19___

Signature of Person Assist ing Elector -- Relationship
Reason for assistance (check appropriate square):
( ) Elector is unable to read the English language.
( ) Elector has the following physical disability
The forms upon which such oaths are printed shall contain the following language:
Georgia law provides that no person shall assist more than ten electors in any primary or election. (Subsection (c) of Code Section 21-3-318).
Georgia law further provides that any person violating the Georgia Municipal Election Code shall be guilty of a misdemeanor."
SECTION 10.
This Act shall become effective on January 1, 1998.
SECTION 11.
All laws and parts of laws in conflict with this Act are repealed.
Senators Clay of the 37th, Price of the 56th and Dean of the 31st offered the following amendment:
Amend the floor substitute to HB 889 by adding on p. 2, line 4 before the word "residents" the words "citizens of the United States"
And by further amending the sub to HB 889 by adding on p. 12 on line 19 before the word "residents" the words "citizens of the United States,".
On the adoption of the amendment, the yeas were 36, nays 0, and the Clay, et al. amendment to the Dean, et al. substitute was adopted.
On the adoption of the Dean, et al. substitute to HB 889, the yeas were 34, nays 0, and the Dean, et al. substitute was adopted as amended.
Pursuant to Senate Rule 143, action on HB 889 was suspended, and the bill was placed on the General Calendar.

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HB 104. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers.
Senate Sponsor: Senator Burton of the 5th.
The Senate Transportation Committee offered the following substitute to HB 104:
A BILL
To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for issuance of special "Supporting Public Schools" license plates; to provide for special license plates commemorating square and round dancers; to provide for the design of such license plates; to provide for license fees; to provide for applications for such license plates; to provide for processing of applications; to provide for renewal of license plates; to permit certain nonrefundable surcharges to be imposed by an organization processing applications for spe cial "Supporting Public Schools" license plates; to regulate the expenditure of funds gener ated by such surcharges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding a new Code Section 40-2-50 to read as follows:
"40-2-50.
(a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of the regular motor vehicle registration fee and an additional initial fee of $25.00, shall be issued a license plate for a private passenger vehicle which shall bear the words 'Supporting Public Schools.' It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section; except that a decal, in a form approved by the commissioner, bearing the name of a public school selected by the applicant and located within the county where the vehicle is registered may be affixed and displayed on such a license plate in lieu of the county name decal.
(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 plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however that after such a transfer of ownership occurs, should the license plate holder acquire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.
(c) 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 remitted to the state as provided in Code Section 40-2-34.
(d) Each application for a special license plate under this Code section along with all fees required by subsection (a) and any surcharge imposed under subsection (e) of this Code section shall be submitted directly to the Georgia School Boards Association, Inc., which shall retain all applications thereby received for such special license plates until a mini mum of 1,000 applications has been received. Thereafter, the applications and fees, not including such surcharge, shall be transmitted to the commissioner. After the receipt of 1,000 applications for such special license plates, the commissioner will then design the

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1439

special license plate. If the commissioner does not receive the required minimum of 1,000 applications for special license plates under this Code section 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 no later than 30 days thereafter to applicants by the Georgia School Boards Association, Inc. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to regis tration and licensing of motor vehicles as prescribed in this article.
(e) The Georgia School Boards Association, Inc., may impose a nonrefundable surcharge to be paid directly to the Georgia School Boards Association, Inc., by an applicant at the time of application which shall not exceed $15.00 per application; provided, however, that funds generated by any such surcharges, less any processing fee in an amount au thorized by the commissioner under Code Section 40-2-25, shall be distributed by the Georgia School Boards Association, Inc., to the board of education of the local public school district operating the local public school selected by the applicant and named in the decal issued under subsection (a) of this Code section, which shall be expended only in supporting and enhancing the educational programs of such school."
SFJCTION_2.
Said chapter is further amended by adding a new Code Section 40-2-86.1 to read as follows:
"40-2-86.1.
(a) The commissioner shall design a special license plate to be issued commemorating square and round dancers, which license plate shall be similar in design to the license plate issued to all other residents of the state except that an emblem consisting of a depiction of a traditionally attired square dancing couple and the letters 'SD' arranged vertically shall be placed immediately to the left of the numbers on the license plate. The phrase 'Square&Round Dancers' shall be imprinted on such special license plate. It shall be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section.
(b) Any resident motor vehicle owner desiring a special license plate commemorating square and round dancers shall submit to the commissioner a completed application form for such license plate with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licens ing laws and the requirements of this subsection and subject to the restriction in subsec tion (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate.
(c) The commissioner shall retain all applications received for special license plates com memorating square and round dancers until a minimum of 1,000 applications have been received. After receipt of 1,000 applications for such commemorative license plate, the commissioner will then design the commemorative license plate. If the commissioner does not receive the required minimum of 1,000 applications 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 license plates and all fees shall be refunded to applicants.
(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 shall be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but no special license plates provided by this Act shall be issued prior to January 1, 1998.

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SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Streat of the 19th offered the following amendment:
Amend the committee substitute to HB 104 by page 2 delete line 4
Insert in its place
"A place suitable other than in the place for county name decal."
On the adoption of the amendment, the yeas were 35, nays 0, and the Streat amend ment to the committee substitute was adopted.
Senator Thompson of the 33rd offered the following amendment:
Amend the committee substitute to HB 104 by striking line 3 of page 1 and inserting in lieu thereof the following:
"motor vehicles, so as to provide for use of dealers' numbers; to provide for issuance of special".
By striking line 20 of page 1 and inserting in lieu thereof the following:
"vehicles, is amended by striking subsection (a) of Code Section 40-2-38, relating to regis tration and licensing of dealers, manufacturers, and distributors, and inserting in lieu thereof the following:
'(a) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leas ing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguished dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number, and to be distinguished from the number plates provided for in this chapter by a different and distinguishing color to be determined by the commissioner, with the word "Dealer" on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. A dealer may use or permit to be used a dealer's number for private use on vehicles ownecl by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing dealer's number used by an employee or officer shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. A dealer may apply for one or more distinguishing dealer's numbers. The manufacturer's or distributor's license plate is limited to no longer than six month's use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distrib utors number plates with the word "Manufacturer" or "Distributor" on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a "Manufacturer" or "Distributor" number plate on motor vehicles they own when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. In the event the dealers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished. Persons engaged in the business of transport ing vehicles for others under such vehicle's own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being tranported.'

MONDAY, MARCH 24, 1997

1441

SECTION 1A.

Said chapter is further amended by adding a new Code Section 40-2-50 to".
Senator Price of the 56th asked for a ruling by the Chair as to the germaneness of the amendment.
The President ruled that the amendment was germane.
On the adoption of the amendment, the yeas were 32, nays 4, and the Thompson 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:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Gochenour

Griffin 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 Thomas of 10th Thompson Turner Walker

Voting in the negative were Senators Egan and Guhl.

Those not voting were Senators:

Fort James

Johnson of 2nd (excused) Tysinger

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

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.
Senate Sponsor: Senator Langford of the 29th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour

Blitch Boshears

Bowen Broun of 46th

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Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan Gillis GriCBn Guhl Harbison Honson Hill Hooks

Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Pi-ice uf 28th Price of 56th Ragan Ralston

Those not voting were Senatora:

Cagle Fort

Glanton Oochenour

Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tv singer Walker
James Johnson of 2nd (excused)

On the passage of the bill, the yeas wer^ 30, nays 0 The bill, having received the requisite constitutional majority, was passed.

HB 496. By Representatives Smkfield )f'the 57th. T3uckner of the 95th and McClinton of the 68th:

A bill to amend Chapter 4A ot Title 49 ol 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 program on behalf of the department on state-owned property.
Senate Sponsor: Senator Kump of the 3rd.

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

Those voting in the affirmative were Senotors:

Balfour Blitch Boshears Broun of 46th Brush Burton Cheeks Crotts Dean Egan Gillis Grimn Guhl Harbison Hill

Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston

Ray Roberts Scott Starr Stokos Stream Tunkslcy Tnvlor Thomas of 54th Thomas of 10th Thompson Turner Tvsinger Walker

Those not voting were Senators:

Abernathy Bowen Brown of 26th Cagle

Clay Fort Glancon Gocht-nour

Heiison James Johnson of 2nd (excused) Price of 28th

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1443

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Tanksley of the 32nd.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Gillis 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

Those not voting were Senators:

Bowen Clay Egan

Fort Glanton Gochenour

Johnson of 2nd (excused) Walker

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

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.
Senate Sponsor: Senator Perdue of the 18th.

The Senate Economic Development, Tourism, and Cultural Affairs Committee offered the following substitute to HB 283:

A BILL
To be entitled an Act to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the provisions relating to the

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sale of tickets to athletic contests and entertainment events; to define certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket; to provide an exception with respect to a ticket broker who meets certain qualifications and certain persons who are the purchasers of tickets to an athletic contest or entertainment event; to authorize certain service charges on the sale of tickets to athletic contests or entertainment events; to require advertising of events to include certain information relating to service charges; to provide requirements for ticket brokers; to prohibit certain conduct by ticket brokers; to provide that no laws shall prohibit the casual resale of tickets to events for any price if such casual resale of tickets is not on the property where the athletic contest or entertainment event is being held; to provide that charitable organizations and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances; to provide for enforcement; 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 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the prohibition against scalping tickets for certain athletic contest or entertainment events, and inserting in lieu thereof a new Code Section 10-1-310 to read as follows:
"10-1-310.
(a) As used in this article, the term:
(1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or the administrator's delegate.
(2) 'Charitable organization' means any benevolent, philanthropic, religious, or elee mosynary organization which is exempt from taxation under federal and Georgia law.
(3) 'Charitable purposes' means purposes which further the mission of the charitable' organization.
(4) 'Ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, or other entertain ments, amusements, or exhibitions to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic con test or entertainment event is being held or the sponsor of such a contest or event or the authorized ticketing agent of such persons.
(b) Except as provided in paragraphs (1) and (2) of subsection (g) of this Code section, it shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contests, con certs, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted for a price in excess of the price printed on the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business li censed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provisions of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission.

MONDAY, MARCH 24, 1997

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(c) Any advertisement, announcement, or poster for any contest or event covered by this Code section which includes the price of admission shall specify the amount of the service charge to be charged for the sale or reselling of each ticket, privilege, or license of admis sion and such advertisement shall be clearly and conspicuously stated.
(d) In order to engage in the practice or business of a ticket broker a person shall be required to:
(1) Maintain a permanent office or place of business, excluding a post office box, for the purpose of engaging in the business of a ticket broker;
(2) Obtain any business license required by a local government; and
(3) Provide satisfactory evidence to the administrator that the ticket broker has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $150,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section.
(e) The ticket broker shall be required to:
(1) Post at its established place of business the purchaser's right to cancel the purchase of a ticket from a ticket broker;
(2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; and
(3) Disclose to the purchaser in writing the difference between the price printed on the ticket and the amount which the ticket broker is charging for such ticket.
(f)(l) A ticket broker shall be prohibited from employing any agents or employees for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held.
(2) Unless a ticket broker has a written contract with the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held, which contract authorizes the ticket broker to resell more than 1 percent of the tickets allocated for such event, the ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for the contest or event.
(3) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancella tion of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertain ment event.
(4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled.
(5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the pur chaser a refund fee of three times the amount paid by the purchaser for each such ticket.
(g) (1) No provision of this article or any other provisions of law shall prohibit any person who is the original purchaser for personal use of tickets to an athletic contest or entertainment event covered under subsection (b) of this Code section from reselling or offering for resale any of such tickets for any price, provided that such person does not sell or offer to sell such tickets on the property where the athletic contest or entertain ment event is being held.

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(2) Charitable organizations and their employees and volunteers shall not be subject to the provisions of this Code section when offering for sale any tickets of admission to the highest bidder in a raffle, auction, or similar fundraising activity for the benefit of the organization's charitable purposes.
(h) In addition to criminal prosecutions under Code Section 10-1-311, the provisions of this article shall be enforced by the administrator. The administrator shall be author ized to exercise all powers and to impose civil penalties as provided in Code Section 10-1397 in enforcing the provisions of this article."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Gillis Glanton Gochenour Griffin Guhl Harbison

Henson Hill Hooks Huggins James 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

Voting in the negative were Senators Blitch and Boshears.

Those not voting were Senators:

Bowen Clay

Egan Fort

Johnson of 2nd (excused) Oliver

On the passage of the bill, the yeas were 48, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 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.
Senate Sponsor: Senator Perdue of the 18th.

MONDAY, MARCH 24, 1997

1447

The Senate Consumer Affairs Committee offered the following substitute to HB 708:
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 make unlaw ful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work; to provide for criminal penalties, including penalties for a felony offense; to provide for vicarious liability under certain circumstances; to provide for an additional civil penalty for certain practices relating to an elder or dis abled person; to provide for investigations of violations of Article 15 of Chapter 1 of Title 10; to authorize the administrator to issue certain regulations; to provide for the forwarding of results of certain investigations conducted by the administrator to prosecuting attorneys of this state; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relat ing to criminal penalties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, so as to provide for criminal penalties for certain offenses; to provide for related mat ters; 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.
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 the word "or" at the end of paragraph (29) of subsection (b) of Code Section 10-1-393, relating to unlawful unfair or deceptive practices in consumer transactions, and by striking the period at the end of para graph (30) and inserting in lieu thereof "; or" and inserting immediately thereafter a new paragraph to read as follows;
"(31) With respect to telemarketing sales:
(A) For any seller or telemarketer to use any part of an electronic record to attempt to induce payment or attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber. Nothing in this para graph shall be construed to:
(i) Prohibit the seller or telemarketer from introducing, as evidence in any court proceeding to attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber, an electronic record of the entirety of such telephone conversation or series of telephone conversations; or
(ii) Expand the permissible use of an electronic record made pursuant to 16 C.F.R. Part 310.3(a)(3), the Federal Telemarketing Sales Rule.
(B) For purposes of this paragraph, the term:
(i) 'Covered communication' means any unsolicited telephone call or telephone call arising from an unsolicited telephone call.
(ii) 'Electronic record' means any recording by electronic device of, in part or in its entirety, a telephone conversation or series of telephone conversations with a resi dential subscriber that is initiated by a seller or telemarketer in order to induce the purchase of goods, services, or property. This term shall include, without limi tation, any subsequent telephone conversations in which the seller or telemarketer attempts to verify any alleged agreement in a previous conversation or previous conversations.
(iii) 'Residential subscriber' means any person who has subscribed to residential phone service from a local exchange company or the other persons living or resid ing with such person.

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JOURNAL OF THE SENATE

(iv) 'Seller or telemarketer' means any person or entity making a covered commu nication to a residential subscriber for the purpose of inducing the purchase of goods, services, or property by such subscriber. This term shall include, without limitation, any agent of the seller or telemarketer, whether for purposes of con ducting calls to induce the purchase, for purposes of verifying any calls to induce the purchase, or for purposes of attempting to collect on any payment under the purchase."
SECTION 2.
Said part is further amended by striking in its entirety Code Section 10-1-393.5, relating to prohibited telemarketing or Internet activities, and inserting in lieu thereof the following:
"10-1-393.5.
(a) For purposes of this Code section, the term 'telemarketing' shall have the same mean ing which it has under 16 Code of Federal Regulations Part 310, the Telemarketing Sales Rule of the Federal Trade Commission, except that the term 'telemarketing' shall also include those calls made in intrastate as well as interstate commerce.
(b) Without otherwise limiting the definition of unfair and deceptive acts or practices under this part, it shall be an unlawful, unfaii, and deceptive Uade piactice undei this
Jjcirt to COiliiiiiL a.il_y oileiist; ni v Ol v iiijjj t/lltJit uilCici* CJOClt; oeCtiuilS J.U-o~j& Llii'G uj^Ti t(j-o~y
VviiiltJ GH^jagiil^J lH tjel^lil&rJtetlli^ OT Wllllfe eHf^isj^iiif^ 111 Biliy SCtlVlty Oil. tlic lllttj
SiUlll&.i1 CGilipuLci'i/icCi s_y Sl/ciil w lliCli nidi v id ucilS tuiiiicCL CO iJy U.BC ui 3. COlllpU.t/61 tiliCl 3.
modem unlawful for any person who is engaged in telemarketing, any person who is engagedTh any activity involving or using a computer or computer network, or any per son who is engaged in home repair work or home improvement work to:
(1) Employ any device, scheme, or artifice to defraud a person, organization, or entity;
(2) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon a person, organization, or entity; or
(3) Commit any offense involving theft under Code Sections 16-8-2 through 16-8-9. /
(c) In addition to any civil penalties under this part, any person who intentionally vio lates subsection (b) of this Code section with intent to commit any theft uiidei Cude 3ec= tiuiis 10-8-2 tliiuugh 10-8-9 shall be subject to a criminal penalty under paragraph (4) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corpora tion each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, pro vided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section.
(d) Any person who intentionally targets an elder or disabled person, as defined in Article 31 of this chapter, in a violation of subsection (b) of this Code section shall be subject to double the applicable civil and criminal penalties fui such violation ui uffensti an addi tional civil penalty, as provided in Code Section 10-1-851.
(e) Persons employed full time or part time for the purpose of conducting tultuiiai ketmg potentially criminal investigations under this Code section article shall be designated as certified peace officers; and auy peisuu su designated shall have all the powers of a certi fied peace officer of this state when engaged in the enforcement of this CuJe section article, including but not limited to the power to obtain, serve, and execute search warrants. Such Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. Such certi fied peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator, and notwithstanding Code Sections 16-11-126, 1611-128, and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this Code section article.

MONDAY, MARCH 24, 1997

1449

(f) The administrator shall be authorized to promulgate procedural rules relating to his or her enforcement duties under this Code section."
SECTION 3.
Said part is further amended by striking in its entirety Code Section 10-1-406, relating to the duty of prosecuting attorneys, and inserting in lieu thereof a new Code Section 10-1-406 to read as follows:
"10-1-406.
1L s.llcl.ii uc tllG Qlit^y Ol Ll-it; ^JiLGSGCl_i.Liii.^f cit/LGi'iitiyS' Or tills Steltt; IO ItiliJ CO t/lic &u.illiinsLitk.tOr
au-tjli fcisSlStfl-HCB as^tllt; 3.QllililiSt/i1 fl.tOi^Iilty I^QUest m llic uOlllllitJiiCeulfellt cklliLi proStJCU-Liuii
uf speiifii: acliuns puibuaiil lu Lhis pait. Whenever an investigation has been conducted under this article and such investigation~reveals conduct which constitutes a criminal offense, the administrator shall forward the results of such investigation to a prosecuting attorney of this state who shall commence any criminal prosecution that such prosecut ing attorney deems appropriate?'
SECTION 4.
Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penal ties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) of subsection (a) to read as follows:
"(4) (A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehi cle part or component which exceeded $100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or while engaged in lelbiiiaiketing as defined undei Code Section 10-1-393. 5 ~OT telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than 20 ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a sec ond or subsequent offense under this paragraph shall be punished by imprisonment for not less than thiee yeais one year nor more than 20 years, no puiliun uf which

, uu ~ pOftiGii Ol wluuii ill&y ti

(B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; or".

SECTION 5.

This Act shall become effective on July 1, 1997, and shall apply to offenses committed on or after said date.

SECTION 6.

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

Broun of 46th Brown of 26th

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JOURNAL OF THE SENATE

Burton Cagle Cheeks Clay Crotts Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson
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 Scott Starr Stokes Streat Tanksley Thomas of 10th Turner Tysinger

Those not voting were Senators:

Bowen Brush Dean
Port

Johnson of 2nd (excused) Middleton Taylor

Thomas of 54th Thompson Walker

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

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.

'

Senate Sponsor: Senator Starr of the 44th.

The Senate Special Judiciary Committee offered the following amendment:
Amend HB 423 by striking from line 2 of page 2 the following: "camp' unit"

and inserting in lieu thereof the following: "camp,' probation detention center, diversion center, or other community correctional facility". On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was
adopted. The report of the committee, which was favorable to the passage of the bill as
amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Cagle Cheeks Clay
Crotts Gillis Gochenour
Griffin Guhl
Harbison

Henson Hill Hooks
Huggins James Johnson of 1st
Kemp Lamutt
Land

MONDAY, MARCH 24, 1997

1451

Langford Madden Marable Middleton 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:

Dean Egan Fort

Glanton Johnson of 2nd (excused) Oliver

Scott Tanksley

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

HB 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.
Senate Sponsor: Senator Perdue of the 18th.
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 489:
A BILL
To be entitled an Act 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; to change certain definitions; to provide legislative intent; to provide procedures for adopting the strategy; to provide for the ele ments to be included within the strategy; to provide for criteria to be met by the strategy; to provide for verification by the Department of Community Affairs; to provide for prohibi tions related to state administered grants to municipalities and counties; to change a cer tain cross-reference; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Chapter 70, relating to coordinated and comprehensive planning by counties and municipalities, and inserting in its place a new Chapter 70 to read as follows:

36-70-1.

"ARTICLE 1

The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the envi ronment, and the vital areas of the state. The purpose of this chap lei article is to provide for local governments to serve these essential public interests of the state by authorizing and promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this chaptei article shall be construed liberally to achieve that end. This chapter article is

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enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article K, Section II, Paragraphs III and IV. 36-70-2.
As used in this chapter, the term:
(1) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of compre hensive plans established by the department.
(2) 'Coordinated and comprehensive planning' means planning by counties and munici palities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordi nated and comprehensive planning process, as established by the Depai tmeiit uf Cunimunity Affaiis department.
(3) 'County' means any county of this state.
(4) 'Department uf Cummuiiity Affaiis' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50.
(5) 'Governing authority' or 'governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing au thority for a county or municipality.
(5.5) (5.1) 'Inactive municipality' means any municipality which has not for a period of three consecutive calendar years carried out any of the following activities:
(A) The levying or collecting of any taxes or fees;
(B) The provision of any of the following governmental services: water; sewage; gar bage collection; police protection; fire protection; or library; or
(C) The holding of a municipal election.
(5.2) 'Local government' means any county as defined in paragraph (3) of this Code section or any municipality as defined in paragraph (7) of this Code section. The term does not include any school district of this state.
(5.3) 'Mechanisms' includes, but is not limited to, intergovernmental agreements, ordi nances, resolutions, and local Acts of the General Assembly in effect on July 1, 1997, or executed thereafter.
(6) 'Minimum standards and procedures' means the minimum standards and proce dures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the Depai tmunt of Cuumiimity Affaiis department, in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the Dbpai Uneiit uf Cummmiily Affairs department.
(7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state.
(8) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the Depdi Uneiit uf Cummuiiity Affaiis department.
(9) 'Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50. 36-70-3.
The governing bodies of municipalities and counties are authorized:
(1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan;

MONDAY, MARCH 24, 1997

1453

(2) To develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality or county, as the case may be;
(3) To develop, establish, and implement a plan for capital improvements which con forms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county, as the case may be;
(4) To employ personnel, or to enter into contracts with a regional development center or other public or private entity, to assist the municipality or county in developing, establishing, and implementing its comprehensive plan;
(5) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and
(6) To take all action necessary or desirable to further the policy of the state for coordi nated and comprehensive planning, without regard for whether any such action is spe cifically mentioned in this chapter article or is otherwise specifically granted by law. 36-70-4.
(a) Each municipality and county shall automatically be a member of the regional devel opment center for the region which includes such municipality or county, as the case may be.
(b) Each municipality and county shall pay, when and as they become due, the annual dues required for membership in its regional development center.
(c) Each municipality and county shall participate in compiling a Georgia Data base and network, coordinated by the Depai tmeiit uf Community Affahb department, to serve as a comprehensive source of information available, in an accessible form, to local govern ments and state agencies. 36-70-5.
(a) Except as provided in subsection (b) of this Code section, nothing in this chaptei article shall limit or compromise the right of the governing body of any county or municipalIty to exercise the power of zoning.
(b) Any municipality which is as of April 17, 1992, an inactive municipality shall not on or after April 17, 1992, exercise any powers under this chapter article or exercise any zoning powers, until and unless the municipality is restored to active status by the enact ment of an appropriate new or amended charter by local Act of the General Assembly. Any municipality which becomes an inactive municipality after April 17, 1992, shall not after becoming inactive exercise powers under this chapter article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly.
(c) Any county which has located within its boundaries all or any part of any inactive municipality shall have full authority to exercise through its governing body all planning and zoning powers within the area of such inactive municipality within the county, in the same manner as if such area were an unincorporated area.
ARTICLE 2
36-70-20.
The intent of this article is to provide a flexible framework within which local govern ments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county. The General Assembly recognizes that the unique characteristics of each county throughout the state preclude a mandated legislative outcome for the delivery of services in every county. The process provided by this article is intended to minimize inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use. The local government service delivery process should result in the minimization of noncompatible municipal anH

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county land use plans and in a simple, concise agreement describing which local govern ments will provide which service in specified areas within a county and how provision of such services will be funded.
36-70-21.
Each county and municipality shall execute an agreement for the implementation of a local government service delivery strategy as set forth in this article by July 1, 1999T
36-70-22.
Each county shall initiate the process for developing a local government service delivery strategy after July 1, 1997, but no later than January 1, 1998. Initiation of the strategy shall be accomplished by the provision of a written notice from the county to the gov erning bodies of all municipalities located wholly or partially within the county or provid ing services within the county and to other counties providing services within the county. Such notice shall state the date, time, and place for a joint meeting at which designated representatives of all local governing bodies shall assemble for the purpose of commenc ing deliberations on the service delivery strategy. The notice shall be sent not more than 45 and not less than 15 days prior to the meeting date. In the event the county governing authority fails to initiate the process by January 1, 1998, any municipality within the county may do so by sending a written notice, containing the required information, to the county and all other municipalities.
36-70-23.
Each local government service delivery strategy shall include the following components:
(1) An identification of all local government services presently provided or primarily funded by each general purpose local government and each authority within the county, or providing services within the county, and a description of the geographic area in which the identified services are provided by each jurisdiction^
(2) An assignment of which local government or authority, pursuant to the require ments of this article, will provide each service, the geographic areas of the county in which such services are to be provided, and a description of any services to be provided By any local government to any geographic area outside its geographical boundaries. In the event two or more local governments within the county are assigned responsibil ity for providing identical services within the same geographic area, the strategy shall include an explanation of such arrangement;
(3) A description of the source of the funding for each service identified pursuant to paragraph (2) of this Code section; and
(4) An identification of the mechanisms to be utilized to facilitate the implementation oTthe services and funding responsibilities identified pursuant to paragraphs (2) and (3) of this Code sectionT
36-70-24.
In the development of a service delivery strategy, the following criteria shall be met:
(1) The strategy shall promote the delivery of local government services in the most efficient, effective, and responsive manner. The strategy shall identify steps which will Ee taken to remediate or avoid overlapping and unnecessary competition and duplica tion of service delivery and shall identify the time frame in which such steps shall be taken. When a municipality provides a service at a higher level than the base level of service provided throughout the geographic area of the county by the county, such ser vice shall not be considered a duplication of the county service;
(2)(A) The strategy shall provide that water or sewer fees charged to customers lo cated outside the geographic boundaries of a service provider shall not be arbitrarily higher than the fees charged to customers receiving such service which are located within the geographic boundaries of the service provider.

MONDAY, MARCH 24, 1997

1455

(B) If a governing authority disputes the reasonableness of water and sewer rate differentials imposed within its jurisdiction by another governing authority, that dis puting governing authority may hold a public hearing for the purpose of reviewing the rate differential. "Following the preparation of a rate study by a qualified engF neer, the governing authority may challenge the arbitrary rate differentials on be half of its residents in a court of competent jurisdiction. Prior to such challenge, the dispute shall be submitted to some form of alternative dispute resolution;
(3)(A) The strategy shall ensure that the cost of any service which a county provides primarily for the benefit of the unincorporated area of the county shall be borne by the unincorporated area residents, individuals, and property owners who receive the service. Further, when the county and one or more municipalities jointly fund a county-wide service, the county share of such funding shall be borne by the unincof^ porated residents, individuals, and property owners that receive the serviced
(B) Such funding shall be derived from special service districts created by the county In which property taxes, insurance premium taxes, assessments, or user fees are levied or imposed or through such other mechanism agreed upon by the affected par ties which complies with the intent of subparagraph (A) of this paragraph; and
(4)iA) Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or, as an altef^ nativeTtHey shall adopt a single land use plan for the unincorporated and incorpo rated areas of the countyT
(B) The provision of extraterritorial water and sewer services by any jurisdiction shall be consistent with all applicable land use plans and ordinances.
(C) A process shall be established by July 1, 1998, to resolve land use classification disputes when a county objects to the proposed land use of an area to be annexed^ into a municipality within the county.
36-70-25.
(a) Approval of the local government service delivery strategy shall be accomplished as provided for in this Code section.
(b) The county and each municipality within the county shall participate in the develop ment of the strategy. Approval of the strategy shall be accomplished by adoption of a resolution:
(1) By the county governing authority;
(2) By the governing authority of municipalities located within the county which have a~population of 9,000 or greater within the county;
(3) By the municipality which serves as the county site if not included in paragraph (2) of this subsection; and
(4) By no less than 50 percent of the remaining municipalities within the county which contain at least 500 persons within the county if not included in paragraph (2) or (3) of this subsection.
(c) For the purpose of determining population, the population in the most recent United 5tates~5ecennial census shall be utilized.
(d) If a county and the necessary number of cities in the county cannot reach an agree ment on the strategy, a means for facilitating an agreement through some form of alter native dispute resolution shall be employed. Where the alternative dispute resolution action is unsuccessful, the neutral party or parties shall prepare a report which shall be provided to each governing authority and made a public record. The cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United" States~decennial census. The county's share shall be based upon the unincorporated pop ulation of the countyT

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(e) The adoption of a service delivery strategy specified in Code Section 36-70-21 may be extended to a date certain no later than 120 days following the date otherwise specified in Code Section 36-70-21 upon written agreement of the local governments enumerated in subsection (b) of this Code section. In the event such an agreement is executed, the sanctions specified in Code Section 36-70-27 shall not apply until on and after such ex tended date.
36-70-26.
Each county shall file the agreement for the implementation of strategy required by Code Section 36-70-21 with the department. The department shall, within 30 days of receipt, verify that the strategy includes the components enumerated in Code Section 36-70-23 and the minimum criteria enumerated in Code Section 36-70-24. The department, how ever, shall neither approve nor disapprove the specific elements or outcomes of the strategy.'
36-70-27.
On and after July 1, 1999, no state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy.
36-70-28.
Each county and municipality shall review, and revise if necessary, the approved strategy:
(1) In conjunction with updates of the comprehensive plan as required by Article 1 of this chapter;
(2) Whenever necessary to change service delivery or revenue distribution arrange ments; or
(3) In the event of the creation, abolition, or consolidation of local governments."

SECTION 2.

Said title is further amended by striking paragraph (2) of Code Section 36-66-3, relating to definitions regarding zoning procedures, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (0.5) (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph ffHr) (5.1) of Code Section 36-70-2."

SECTION 3.

This Act shall become effective upon its approval by the Governor of 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 30, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th

Brown of 26th Burton Cheeks Crotts Dean

Egan Gillis Griffin Guhl Harbison

MONDAY, MARCH 24, 1997

1457

Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden

Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott

Starr Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Brush Cagle Clay

Glanton Gochenour

Price of 56th Thomas of 54th

Those not voting were Senators:

Abernathy Fort

Hooks Johnson of 2nd (excused)

On the passage of the bill, the yeas were 45, nays 7.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bills were read the first time and referred to committee:

HB 1044. By Representative Dukes of the 161st:
A bill to amend an Act creating a charter for the City of Newton, so as to provide for the election and terms of the members of the city council.

Referred to State and Local Governmental Operations Committee.

HB 1046. By Representative Scott of the 165th:
A bill to amend an Act entitled "an Act to provide a new charter for the City of Tifton," or, in the alternative, that Act introduced during the regular 1997 session of the General Assembly to provide a new charter for the City of Tifton if such act becomes law, so as to change the corporate limits of the City of Tifton.

Referred to State and Local Governmental Operations Committee.

HB 1048. By Representative Scott of the 165th: A bill to provide a new charter for the City of Tifton.
Referred to State and Local Governmental Operations Committee.

HB 1051. By Representative Jamieson of the 22nd:
A bill to amend an Act creating the Banks County board of commissioner, so as to change the compensation of the chairman and other members of the board of commissioners.
Referred to State and Local Governmental Operations Committee.

HB 1052. By Representative Martin of the 145th:
A bill to provide for the membership of the Jenkins County Development Au thority.
Referred to State and Local Governmental Operations Committee.

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JOURNAL OF THE SENATE

HB 1053. By Representatives Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st and others:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change and expand the corporate limits of the City of Savannah.
Referred to State and Local Governmental Operations Committee.
HB 490. By Representatives Royal of the 164th, Walker of the 141st and Reichert of the 126th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedure for imposing the special county 1 percent sales and use tax, so as to provide for additional notice requirements. Senate Sponsor: Senator Starr of the 44th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 490:
A BILL
To be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sale and use taxes, so as to provide for an additional exemption for compo nents of machinery used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant pres ently existing in this state; to provide for additional notice requirements for the imposition of the special county 1 percent sales and use tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sale and use taxes, is amended by striking subparagraph (A) of paragraph (34) of Code Section 48-8-3, relating to exemptions, and inserting in lieu thereof the following:
"(A) Machinery, including components thereof, which is used directly in the manu facture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state;"
SECTION 2.
Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 48-8-111, relating to procedure for imposing the special county 1 percent sales and use tax, and inserting in lieu thereof the following:
"(a) Whenevei Prior to the vote of a county governing authority to impose the tax under this article, such governing authority shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the county. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authori ties of the county and of each municipality are to meet to discuss the possible projects for inclusion in the referendum, including municipally owned or operated projects? The no tice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call fofthe referendum. Following such meeting, a county governing authority votes voting to impose the tax authorized by this article, Hie governing authority shall notify the county election super intendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolu tion shall specify:"

MONDAY, MARCH 24, 1997

1459

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

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Abernathy Fort

Johnson of 2nd (excused) 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.

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.
Senate Sponsor: Senator Hill of the 4th.

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

Those voting in the affirmative were Senators:

Balfour Blitch

Boshears Bowen

Broun of 46th Brown of 26th

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JOURNAL OF THE SENATE

Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Gochenour Griffin Guhl Harbison Henson 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

Voting in the negatives was Senator Glanton.

Those not voting were Senators:

Abernathy Fort

Hill Hooks

Johnson of 2nd (excused)

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

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.
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 Gochenour Griffin

Guhl Harbison Henson Hill Hooks Huggins James 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:

Brush

Price of 56th

Tanksley

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1461

Those not voting were Senators:

Abernathy Fort

Johnson of 2nd (excused) Tysinger

On the passage of the bill, the yeas were 49, nays 3. The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Thomas of the 10th.
Senator Thomas of the 10th offered the following amendment:
Amend the committee substitute to HB 635 by deleting the word "absentee" pg. 59, line 36
On the adoption of the amendment, the yeas were 39, nays 0, and the Thomas amend ment to the committee substitute was adopted.
Senator Cagle of the 49th moved that the Senate adjourn.
On the motion to adjourn, the yeas were 36, nays 4; the motion prevailed, and the Senate adjourned at 6:09 p.m.
The motion to adjourn precluded further action on HB 635.
The committee substitute and additional amendments to HB 635 appear in the Jour nal of March 25.

1462

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, March 25, 1997
Thirty-eighth 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 Senate:
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.
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.
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.
SB 171. By Senators Stokes of the 43rd and Oliver of the 42nd:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to change the definition of family violence; to provide for jurisdiction and venue for petitions involving nonresidents.
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.

TUESDAY MARCH 25, 1997

1463

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.
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.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills 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.
SB 91. By Senators Gillis of the 20th, Marable of the 52nd, Henson of the 55th and others:
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.
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.

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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.
SB 27. 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 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to change provisions relating to placement of a child following an order terminating parental rights.
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.
SB 214. By Senators Boshears of the 6th, Thompson of the 33rd, Johnson of the 2nd and others:
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 House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate:
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.
SR 260. By Senator Price of the 28th:
A resolution designating the William Thomas Overby Memorial Parkway.

TUESDAY MARCH 25, 1997

1465

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 143. By Senators Land of the 16th, Broun of the 46th, Cheeks of the 23rd and others:
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 House has agreed to the Senate substitute to the following bill of the House:

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.
The following resolutions were introduced, read the first time and referred to committees:

SR 386. By Senators Stokes of the 43rd, Thomas of the 10th, Tysinger of the 41st and others:
A resolution creating the Senate Study Committee on DeKalb County's Form of Government.
Referred to Committee on Rules.

SR 388. By Senator Price of the 28th:

A resolution affirming the commitment of the Senate to principles and actions that give Georgia's children the best chance to become healthy, productive adults.

Referred to Committee on Health and Human Services. The following committee reports were read by the Secretary:

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 57. Do pass by substitute.

HB 248. Do pass.

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

Mr. President: The Committee on Agriculture 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 360. Do pass.
Respectfully submitted, Senator Ragan of the llth District, Chairman

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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 299. 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 bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 609. Do pass by substitute.
Respectfully submitted, Senator Starr of the 44th District, Chairman

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

HB 572. Do pass by substitute.

HB 673. Do pass.

HB 553. 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 bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 193. Do pass by substitute.

HB 211. Do pass by substitute.

HB 100. Do pass.

HB 506. Do pass as amended.

HB 557. Do pass.

HB 567. Do pass as amended.

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

Mr. President: The Committee on Retirement has had under consideration the following bill of the
House and has instructed me to report the same back to the Senate with the following recommendation:
HB 348. Do pass.
Respectfully submitted, Senator Cheeks of the 23rd District, Chairman

TUESDAY MARCH 25, 1997

1467

Mr. President:

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

HR 326. Do pass.

SR 291. Do pass.

HR 464. Do pass by substitute. HR 425. Do pass.

SR 280. Do pass. SR 378. Do pass.

SR 371. Do pass.

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

Mr. President:

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

SB 401. Do pass.

HB 1024. Do pass.

HB 461. Do pass.

HB 1025. Do pass.

HB 535. Do pass by substitute.

HB 1026. Do pass.

HB 797. Do pass.

HB 1027. Do pass.

HB 1016. Do pass by substitute.

HB 1028. Do pass.

HB 1018. Do pass.

HB 1029. Do pass.

HB 1019. Do pass by substitute.

HB 1030. Do pass.

HB 1020. Do pass by substitute.

HB 1037. Do pass.

HB 1021. Do pass.

HB 1038. Do pass.

HB 1022. Do pass.

HB 1045. Do pass.

HB 1023. Do pass.

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

The following bills and resolutions were read the second time:

HB 57 HB 348 HB 609 SR 291

HB 100 HB 506 HB 673 SR 360

HB 193 HB 553 HR 326 SR 371

HB 211 HB 557 HR 425 SR 378

HB 248 HB 567 HR 464

HB 299 HB 572 SR 280

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

Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle
Cheeks

Clay Crotts Dean Egan Gillis Gochenour Griffin Guhl
Harbison

Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt
Land

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JOURNAL OF THE SENATE

Langford Madden Marable Middleton Oliver Perdue Price of 28th

Price of 56th Ragan Ralston Ray Roberts Scott

Starr Stokes Taylor Thomas of 54th Turner Tysinger

Those not answering were Senators:

Abernathy Balfour Fort Glanton

Johnson of 2nd Streat Tanksley

Thomas of 10th Thompson Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Huggins of the 53rd introduced the chaplain of the day, Dr. David Hinson, pastor of First Baptist Church, LaFayette, Georgia, who offered scripture reading and prayer.
Senator Price of the 28th introduced the doctor of the day, Dr. Caroline Ameado of Sharpsburg, Georgia.
The following resolution was read and adopted:

SR 387. By Senators Perdue of the 18th and Gillis of the 20th:
A resolution strongly urging the United States Congress and the United States International Trade Representative to recognize the economic and environmen tal benefits of Georgia's magnificent forest resources, strongly urging that the Congress and the United States Trade Representative not rescind the interna tional trade agreement limiting the amount of subsidized Canadian lumber im ported duty-free into the United States.
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 25, 1997 THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 401 Ralston, 51st TOWN OF TALKING ROCK
Provides a new charter for the town of Talking Rock.

HB 461 Madden, 47th CITY OF COMMERCE
Amends an Act entitled "An Act to provide a new charter for the City of Com merce," so as to annex certain property into the corporate limits of said municipality.

TUESDAY MARCH 25, 1997

1469

*HB 535 Thomas, N., 10th James, 35th Scott, 36th Abernathy, 38th Fort, 39th Egan, 40th Oliver, 42nd CITY OF ATLANTA
Amends 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 for the City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age or over. (SUBSTITUTE)
HB 797 Blitch, 7th WARE COUNTY
Amends 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 1016 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY
Amends an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County. (SUBSTITUTE)
HB 1018 Ragan, llth TOWN OF BRINSON AND DECATUR COUNTY
Amends an Act incorporating the Town of Brinson in Decatur County to provide for additional and supplemental powers of the town.
*HB 1019 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY
Amends an Act creating the State Court of Richmond County, so as to provide that the solicitor-general of the state court shall be a full-time solicitor-general holding office on the effective date of this Act. (SUBSTITUTE)
*HB 1020 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY
Amends an Act creating the City Court of Richmond County, now the State Court of Richmond, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privi leges, immunities, qualifications, and compensation. (SUBSTITUTE)

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JOURNAL OF THE SENATE

HB 1021 Huggins, 53rd WALKER COUNTY
Amends an Act creating the State Court of Walker County, so as to change the compensation of the secretary of the judge of the state court.
HB 1022 Perdue, 18th PULASKI COUNTY
Amends an Act providing for the Board of Education of Pulaski County and con solidating and restating provisions of law relative thereto, so as to provide for the nonpartisan election of members without a prior nonpartisan primary.
HB 1023 Bowen, 13th CRISP COUNTY
Provides a homestead exemption from certain Crisp County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the as sessed value of the homestead of certain residents of that school district.
HB 1024 Thomas, D., 54th MURRAY COUNTY
Provides a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that county.
HB 1025 Thomas, D., 54th MURRAY COUNTY
Provides a homestead exemption from certain Murray 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 1026 Dean, 31st HARALSON COUNTY
Amends the "Haralson County Water Authority Act," so as to change provisions relating to purchasing and sales by the authority.
HB 1027 Streat, 19th COFFEE COUNTY
Amends an Act creating a board of education of Coffee County, so as to change the compensation of the members of the board of education.
HB 1028 Ragan, llth CITY OF BAINBRIDGE
Amends an Act creating a new charter for the City of Bainbridge, so as to change the corporate limits of said city.
HB 1029 Glanton, 34th Starr, 44th CITY OF FOREST PARK AND CLAYTON COUNTY
Amends an Act entitled "An Act to reincorporate the City of Forest Park in the County of Clayton," so as to provide for a city council.

TUESDAY MARCH 25, 1997

1471

HB 1030 Turner, 8th LOWNDES COUNTY
Amends an Act creating a board of commissioners of Lowndes County, so as to change the composition of that board and provide for districts, elections, qualifi cations, terms, vacancies, powers, duties, voting and quorum.
HB 1037 Hooks, 14th LEE COUNTY
Amends an Act to create a Board of Commissioners of Roads and Revenues for the County of Lee, so as to grant to such county the authority to levy and collect certain franchise fees.
HB 1038 Brush. 24th WILKES COUNTY
Changes the manner of filling vacancies upon the board of the Hospital Authori ty of Wilkes County.
HB 1045 Dean, 31st PAULDING COUNTY
Amends an Act creating the Board of Commissioners of Paulding County, so as to amend the provisions relating to the duties and responsibilities of the chairperson of the board of commissioners.
The substitutes to the following bills were put upon their adoption: *HB 1016:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1016:
A BILL To be entitled an Act to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to create a second division of the State Court of Richmond County; to pro vide for the judges of the second division and for their qualifications, selection, duties, re sponsibilities, and compensation; to provide for assignment of matters to the second division; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by designating the existing text of the Act as "Part I" of the Act and by adding thereafter a new Part II to read as follows:
"PART II.
SECTION 2-1.
There is created a second division of the State Court of Richmond County. The second division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provi sions of this part.

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SECTION 2-2.
(a)(l) In addition to all other judges of the state court, there shall be one judge of the second division who shall be known as an associate judge of the State Court of Richmond County. The qualifications and election of the associate judge shall be as provided by general law.
(2) Except as otherwise provided in this section, said associate judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judge of the State Court of Richmond County under the provision of this Act and the general law applicable to said present judge.
(b) The initial associate judge shall be appointed by the Governor for an initial term beginning on July 1, 1997, and expiring on December 31, 1998, and upon the election and qualification of a successor.
SECTION 2-3.
(a) The associate judge shall receive a salary of $65,000.00 per annum, payable in equal monthly installments from the funds of Augusta-Richmond County, Georgia. The associ ate judge is designated as a full-time judge and may not engage in the private practice of law.
(b) Any salary supplement heretofore enacted by Augusta-Richmond County, Georgia, shall also be applicable to the associate judge.
SECTION 2-4.
The judge of the State Court of Richmond County who has served the longest period of time in office as judge of said court shall be the chief judge of the State Court of Richmond County.
SECTION 2-5.
(a) The chief judge of the State Court of Richmond County may order that any or all of the following matters shall be automatically assigned to the second division of the court:
(1) All cases involving violations of the traffic laws of the State of Georgia;
(2) The hearing of applications for and the issuance of arrest and search warrants;
(3) The holding of courts of inquiry; and
(4) Any other matters within the jurisdiction of the court.
(b) The provisions of this section shall not limit the power of the associate judge to hear and decide any matter within the jurisdiction of the court; but the associate judge shall hear and decide only such matters as are assigned to the second division by order of the chief judge.
(c) This section shall not limit the power of the associate judge to punish contempts in the same manner as any other judge of state court.
(d) The chief judge shall receive additional compensation for performing the handling of the administration and operation of the State Court of Richmond County.
SECTION 2-6.
Such chief judge shall be responsible further for the administration and the expeditious disposition of the business of the state court, both civil and criminal, and shall have power to make such rules as the chief judge shall deem necessary or proper for such purpose but which are not in conflict with the general laws of this state. Such rules, when approved by the chief judge and filed in the office of the clerk of the State Court of Richmond County, shall be binding upon the other judge or judges of said court. The chief judge shall be vested with the power to make all appointments whenever the law

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provides for the state court judge to make appointments. Such chief judge may by pub lished rule, or from time to time by order, allocate the jurisdiction and powers of the state court of said county and the duties of the judges thereof; may assign to the other judge or judges of said court such business of said court as the chiefjudge shall deem appropriate; may require reports from the clerk of the court and from any judge of said court relative to business of the court; and generally shall supervise and direct the disposition of all business, both civil and criminal, of said court.
SECTION 2-7.
The associate judge shall take an oath to faithfully administer and discharge the duties of his or her office in accordance with the Constitution and laws of the State of Georgia, which oath may be administered by any officer authorized under the laws of this state to administer oaths."
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 52, nays 0, and the substitute was adopted. *HB 1019:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1019:
A BILL
To be entitled an Act to amend an Act creating the State Court of Richmond County, ap proved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to provide that the solicitor-general of the state court shall be a full-time solicitor-general; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by adding, following Section 4, a new Section 4.1 to read as follows:
"SECTION 4.1.
(a) The solicitor-general of the state court shall be a full-time solicitor-general as pro vided in Code Section 15-18-63 of the O.C.G.A. or any statute which succeeds such Code section.
(b) The solicitor-general shall not engage in the private practice of law.
(c) The solicitor-general shall receive a salary of $64,000.00 per annum payable in equal monthly installments from the funds of Augusta-Richmond County. Any salary supple ment heretofore enacted by Augusta-Richmond County shall continue to be applicable to the solicitor-general, and Augusta-Richmond County may enact such supplements from time to time.
(d) The solicitor-general of the State Court of Richmond County holding office on the effective date of this Act shall continue in office until the expiration of the term of office to which such solicitor-general was elected."

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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 52, nays 0, and the substitute was adopted. *HB 1020:
The State and Local Governmental Operations Committee offered the following substi tute to HB 1020:
A BILL
To be entitled an Act to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifi cations, and compensation; to provide for a chief judge and the powers and duties thereof; to provide for the dividing and allocating of the work and duties of the judges of said court; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by adding after Section IIA thereof a new section to read as follows:
"SECTION IIB.
Additional judge.
(a) There shall be an additional judge of the State Court of Richmond County. Such additional judge shall be appointed by the Governor for an initial term beginning on July 1, 1997, and expiring December 31, 1998, and upon the election and qualification of a successor. The successor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January imme diately following his or her election for a term of four years and until his or her successor is elected and qualified.
(b) Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judge of the State Court of Richmond County and, except as otherwise provided in this section, the provisions of this Act and of the general law applicable to said present judge, including but not limited to the provisions setting forth the qualifications for holding office as judge, shall apply equally to such additional judge. The judges of said court may preside over any cause and perform any official act as judge thereof.
(c)(l) Said additional judge shall receive the same compensation as the present judge of the State Court of Richmond County; provided, however, the chief judge shall receive additional compensation for performing the handling of the administration and opera tion of the State Court of Richmond County.
(2) Any salary supplement heretofore enacted by Augusta-Richmond County shall also be applicable to the additional judge.

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(d) The judge of the State Court of Richmond County who has served the longest period of time in office as judge of said court shall be the chief judge of the State Court of Richmond County. The other judge shall be an associate judge of the State Court of Richmond County.
(e) Such chiefjudge shall be responsible for the administration and the expeditious dispo sition of the business of the state court, both civil and criminal, and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules, when approved by said chief judge and filed in the office of the clerk of the State Court of Richmond County, shall be binding upon the other judge or judges of said court. The chiefjudge shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the state court of said county and the duties of the judges thereof; may assign to the judge or judges of said court such business of said court as the chief judge shall deem appropriate; may make and publish calendars, both civil and criminal; may require reports from the clerk of the court and from any judge of said court relative to business of the court; and generally shall supervise and direct the disposition of all business, both civil and criminal, of said court."
SECTION 2.
This Act shall become effective on June 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 52, nays 0, and the substitute was adopted. *HB 535:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 535:
A BILL
To be entitled an Act 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 if the resident's adjusted gross income together with the adjusted gross income of the spouse who already resides at such home stead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act, approved March 30, 1989 (Ga. L. 1989, p. 4229), 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; to provide for applicability; to provide for a referendum and automatic repeal; to provide a homestead exemption from all City of Atlanta School District ad valorem taxes for educational pur poses 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 proce dures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
An Act to provide a homestead exemption from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and

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retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse who already resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act, approved March 30, 1989 (Ga. L. 1989, p. 4229), is amended by striking sub section (a) of Section 1 in its entirety and inserting in lieu thereof the following:
"(a) Each resident of the City of Atlanta who is 65 years of age or over or disabled is granted an exemption from all City of Atlanta School District ad valorem taxes in the amount of $10,000.00 and each resident who is 65 years of age or over is granted an exemption from all City of Atlanta ad valorem taxes in the amount of $30,000.00 on a homestead owned and occupied by such resident if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individ ual and an individual's spouse under the federal Social Security Act. As used in this subsection, the term 'adjusted gross income' shall have the same meaning as defined in the United States Internal Revenue Code of 1986, except that for the purposes of this subsection the term shall include only that portion of income or benefits received as re tirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. The value of the residence in excess of the aboveexempted amount shall remain subject to taxation. The homestead exemption provided for in this Act shall not apply to any ad valorem taxes levied to pay interest on and retire bonded indebtedness."
SECTION 2.
Said Act is further amended by striking subsection (e) of Section 1 in its entirety and in serting in lieu thereof the following:
"(e) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to City of Atlanta School District ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning on and after January 1, 1998."
SECTION 3.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of the City of Atlanta shall call and conduct an election as provided in this sec tion for the purpose of submitting Article 1 of this Act to the electors of the City of Atlanta for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the general municipal election in November, 1997, and shall issue the call therefor not less than 30 days nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Atlanta. The ballot shall have written or printed thereon the words:
"( ) YES Shall Article 1 of this Act be approved which provides a homestead exemption ( ) NO of $30,000.00 from all City of Atlanta ad valorem taxes, but not ad valorem
taxes levied to pay interest on and retire bonded indebtedness, for each resi dent of the City of Atlanta who is 65 years of age or over if the resident's adjusted gross income, together with the adjusted gross income of the resi dent's spouse residing at the same homestead, does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act?"
All persons desiring to vote for approval of Article 1 of this Act shall vote "Yes," and those persons desiring to vote for rejection of Article 1 of this Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Article 1 of this Act, it shall

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become of full force and effect immediately. If Article 1 of this Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of Article 1 of this Act shall not become effective and Article 1 of this Act shall be automatically re pealed on the first day of January immediately following that election date.
The expense of such election shall be borne by the City of Atlanta. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
ARTICLE II
SECTION 4.
Said Act is further amended by adding between Sections 1 and 2 a new Section 1A to read as follows:
"SECTION 1A.
(a) For purposes of this section, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educa tional purposes levied by, for, or on behalf of the City of Atlanta School District, includ ing, but not limited to, taxes to retire bonded indebtedness.
(2) "Homestead" means homestead as denned and qualified in Code Section 48-5-40 of the O.C.G.A.
(3) "Senior Citizen" means a person who is 75 years of age or over on or before January 1 of the year in which application for the exemption under Article II of this Act is made.
(b) Not withstanding the provisions of Section 1 of this Act each resident of the City of Atlanta School District who is a senior citizen is granted an exemption on that person's homestead from all City of Atlanta School District ad valorem taxes for educational pur poses for the full value of that homestead.
(c) The governing authority of the City of Atlanta or the designee thereof shall provide application forms for the exemption granted by this section and shall require such informa tion as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under Article II of this Act to notify the governing au thority of the City of Atlanta or the designee thereof in the event that person for any reason becomes ineligible for that exemption
(e) The exemption granted by Article II this Act shall not apply to or affect any state taxes, county taxes, or municipal taxes for municipal purposes. The homestead exemption granted by Article II of this Act shall be in lieu of and not in addition to any other home stead exemption applicable to City of Atlanta School District ad valorem taxes for educa tional purposes.
(f) The exemption granted by Article II of this Act shall apply to all taxable years beginning on or after January 1, 1998."
SECTION 5.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of the City of Atlanta shall call and conduct an election as provided in this sec tion for the purpose of submitting Article II of this Act to the electors of the City of Atlanta School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the general municipal election in November, 1997, 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

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for two weeks immediately preceding the date thereof in the official organ of the City of Atlanta. The ballot shall have written or printed thereon the words:
"( ) YES Shall Article II of this Act be approved which provides a homestead exemption ( ) NO from City of Atlanta School District ad valorem taxes for educational purposes
for that school district for the full value of homesteads for residents of that school district who are 75 years of age or older?"
All persons desiring to vote for approval of Article II of this Act shall vote "Yes," and those persons desiring to vote for rejection of Article II of this Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Article II of this Act, then Section 4 shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1998. If Section 4 of Article II of this Act is not so approved or if the election is not conducted as provided in this section, Section 4 of Article II of this Act shall not become effective and Article II of this Act shall be automati cally repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by the City of Atlanta. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.
ARTICLE III

SECTION 6.

The issues submitted to the voters as provided for in Sections 3 and 5 of this Act shall be submitted and voted upon separately and the election results on each such question shall not be affected by the election results on the other issue or question.

SECTION 7.

Except as otherwise provided in Sections 2, 3, and 5 of this Act, this Act shall become 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.
On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Local Consent Calendar, 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 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

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Taylor Thomas of 54th Thomas of 10th

Thompson Turner

Those not voting were Senators:

Cagle James

Streat Tanksley

Tysinger Walker

On the passage of the local bills, the yeas were 52, nays 0.
The bills on the Local Consent Calendar, except HB 1016, HB 1019, HB 1020 and HB 535, having received the requisite constitutional majority, were passed.
HB 1016, HB 1019, HB 1020 and HB 535, having received the requisite constitutional majority, were passed by substitute.

SENATE RULES CALENDAR
Tuesday, March 25, 1997 THIRTY-EIGHTH LEGISLATIVE DAY

HB 889 Elections; inactive voters; removal from voting lists (Substitute) (Amendment) (SLGO-G--10th) Dixon--150th
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 24, 1997.)

HB 584 Workers' compensation; drug-free workplace; insurance premium discount (Sub stitute) (Amendment) (I&L--29th) Lane--146th
HB 112 Adoption; hard-to-place children (Judy--42nd) Taylor--134th
HB 465 Medical assistance; inpatient care for mental diseases (Substitute) (H&HS-- 50th) Williams--114th
HB 1013 Death penalty; certain pretrial proceedings; amend provisions (Judy--42nd) Crawford--129th
HB 204 General appropriations; FY 1997-98 (Substitute) (Approp--14th) Murphy--18th
HB 600 Hospitals; certain transfers of assets; provisions (Substitute) (H&HS--50th) Skipper---137th
HB 324 Victim assistance; include magistrate court fines (Judy--4th) Campbell--42nd
HB 355 Insurers; authorized investments; include certain foreign governments (I&L-- 29th) Teper--61st
HB 180 Schools; certain students; provide scholastic information (Ed--44th) Hecht-- 97th
HB 524 Superior court clerks; uniform information system; real property records (S Judy--40th) Martin--47th
HB 869 Motor vehicle titles; certain exclusions; remove weight limit (Trans--48th) Ray--128th
HB 866 Golf Hall of Fame Authority Act; enact (EDT&CA--22nd) Connell--115th
HB 431 Retail Installment and home solicitation; revolving accounts (ST&I--41st) Byrd--170th

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HB 573 Insurance; Investment Pool Act of 1997; enact (Substitute) (I&L--30th) Culbreth-- 132nd
HB 123 Code of Georgia; corrections (Judy--42nd) Walker--141st
HB 620 Out-of-state bail jumping; property bonds; amend provisions (Substitute) (S Judy--48th) Randall--127th
HB 420 Professional Practices Commission; amend provisions (Substitute) (Ed--llth) O'Neal--75th
HB 689 Marriage licenses and vital records; application supplement-marriage report form (S Judy--48th) Channell--lllth
HB 393 Education; State Board develop character curriculum (Ed--29th) Epps--131st
HR 48 Board of Regents; admissions; urge priority to Georgia residents (H Ed--41st) Johnston--81st
HR 44 Carbon monoxide poisoning danger; urge public alert (Rules--36th) Pelote-- 149th
HB 761 Georgia Commission on Women; amend provisions (Judy--42nd) Davis--48th
HB 845 "Shoot the Bull"; "Slosheye Trail Big Pig Jig"; official cookoffs (SLGO-G--48th) Floyd--138th
HB 830 Private home care providers; certain volunteer services; exempt from provisions (H&HS--50th) Connell--115th
HB 307 Financial institutions; garnishment; additional requirements (Substitute) (Judy--42nd) Smith--109th
HB 570 Financial institutions; certain checks; prohibit fee for cashing (B&FI--31st) Murphy--18th
HB 963 Griffin Judicial Circuit; superior court judges; supplement (SLGO-G--28th) Crawford--129th
HB 273 Medical assistance; certain unused drugs; long-term care facilities (Substitute) (H&HS--47th) Childers--13th
HB 284 Child or spousal support; amend provisions (Substitute) (Judy--12th) Baker-- 70th
HB 604 Natural resources; environmental testing laboratories; accreditation (Nat R-- 16th) Dobbs--92nd
HB 374 Public accountants; registration; amend provisions (Judy--42nd) Powell--23rd
HB 888 Telephones; toll-free calling areas; 22-mile radius (Substitute) (F&PU--18th) Carter--166th
HB 650 Handicapped persons; community trusts; successor trusts (Judy--42nd) Mar tin--47th
HB 339 Employees' Retirement; qualify for federal tax treatment (Ret--5th) Cummings--27th

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1481

HB 321 Subpoenas for certain depositions; attorneys may issue (S Judy--6th) Tolbert-- 25th
HB 745 Georgia Arbitration Code; contracts between insurance companies; applicability (I&L--29th) Powell--23rd
HB 470 Hazardous materials; certain spills or releases; property lien (Nat R--3rd) Dobbs--92nd
HB 213 Supplemental appropriations; Department of Labor (Approp--14th) Coleman-- 142nd)
HB 612 Waste management; disposition of certain facilities; public hearings (Nat R-- 47th) Shanahan--10th
HB 326 Law enforcement agency; investigate; missing Alzheimer's patient (Pub Saf-- 39th) Teague--58th
HB 245 Wills; minors; adoption; born out of wedlock; year's support (Substitute) (S Judy--40th) Baker--70th
HB 635 Elections; write-in candidates; notice of intent; change date (Substitute) (Amendments) (SLGO-G--10th) Holmes--53rd
HB 803 Local governments; certain authorities; prohibit certain activities (F&PU--31st) Murphy--18th
HB 574 Drivers' licenses and ID cards; social security number; prohibit; exception (Trans--37th) Grindley--35th
HB 517 Income tax; credit; qualified caregiving expenses (Substitute) (F&PU--44th) Sherrill--62nd
HB 125 Superior court judges; personnel; amend provisions (Judy--16th) Walker-- 141st
HB 124 District attorneys and personnel; compensation (Substitute) (Judy--37th) Walker--141st
HB 719 Local governments; payment of rewards; increase amount (SLGO-G--10th) Orrock--56th
HB 841 Registered professional nurses; display of title; amend provisions (H&HS-- 10th) Henson--65th
HB 183 Criminal records; purge if person arrested but not charged (Substitute) (Judy-- 37th) Randall--127th
HB 533 Property; nonconforming liens; provisions (Substitute) (S Judy--48th) Shanahan--10th
HB 487 Motor vehicles; license plates and registration; amend provisions (Substitute) (Pub Saf--12th) Baker--70th
HB 914 Georgia Military College; certain students; scholarship grants (Substitute) (H Ed--4th) Purcell--147th
HB 322 Building permits; information relative to certain liens (Substitute) (EDT&CA-- 46th) Stancil--91st

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HB 429 Real property; appraisal; uniform procedural manual (F&PU--1st) Day--153rd
HB 497 Children and youth services; damage to apparel; employees' compensation (YA&HE--3rd) Sinkfield--57th
HB 558 Treasury and Fiscal Services; records access; authorized investments (SLGO -G--8th) Royal--164th
HB 663 Enterprise Zone Employment Act of 1997; enact (Substitute) (EDT&CA--33rd) Jamieson--22nd
HB 712 Deceptive trade practices; judgments; amend provisions (C Aff--55th) Skipper-- 137th
HB 172 Real estate appraisers; amend provisions (Substitute) (C Aff--55th) Powell-- 23rd
HB 173 Real estate brokers and salespersons; licenses; amend provisions (Substitute) (C Aff--55th) Powell--23rd
HB 834 Wine sales; local governments designate special entertainment districts (C Aff-- 46th) Ashe--46th
HB 378 Tax credits; certain businesses; extend exemption (F&PU--13th) Holland-- 157th
HB 1008 Tallapoosa Judicial Circuit; juvenile court judge (SLGO-G--10th) Cummings-- 27th
HB 695 Motorcycles; operator safety training program; transfer certain powers (Trans-- 24th) Twiggs--8th
HB 152 Judicial sales; legal advertisement; official organ (Amendment) (S Judy--40th) Birdsong--123rd
HR 366 Internet access; tax exempt; consensus of General Assembly (ST&I--41st) Buck--135th
HB 369 Civil practice; opening and concluding arguments; party entitled (Amendment) (Judy--37th) Bordeaux--151st
HB 347 State Courts; jurisdiction; certain marijuana possession (Amendment) (Judy-- 16th) Crawford--129th
HB 126 Children and youth services; revise Code (Substitute) (Judy--42nd) Walker-- 141st
HB 651 Death of person in another's care; required notification (Substitute) (S Judy-- 2nd) Mueller--152nd
HB 755 Children and youth services; certain employees; designate as peace officers (Pub Saf--19th) Parrish--144th
HB 398 Speed detection devices; radar; sheriffs approve use (Amendment) (Trans-- 19th) Jenkins--110th
HB 505 Fire protection sprinkler contractor; licensure (C Aff--1st) Snow--2nd
HB 592 Venue; long-arm statute; amend provisions (Judy--51st) Reichert--126th

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HB 419 Ad valorem tax; heavy-duty equipment motor vehicles; provisions (Substitute) (F&PU--33rd) Jamieson--22nd

HB 197 Georgia Suggestion System Act; employee nominations (SLGO-G--10th) Sherrill--62nd
Respectfully submitted
/s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bill, having been read the third time, and final action suspended on March 24, 1997, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Thomas of the 10th.

The substitute offered by Senator Dean of the 31st, et al. and adopted on March 24, as it appears in the Journal of March 24, was automatically reconsidered.
The Clay amendment to the substitute, adopted on March 24, appears in the Journal of March 24.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The committee amendment adopted on March 24 is moot due to the adoption of the Dean substitute.
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:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Gochenour Griffin

Guhl Harbison Henson Hill Hooks Huggins 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 Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

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Those not voting were Senators:

Brush Clay

Glanton James

Land Tanksley

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following general bills, having been read the third time, were put upon their passage:

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.
Senate Sponsor: Senator Langford of the 29th.
The Senate Insurance and Labor Committee offered the following substitute to HB 584:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the inapplicability of certain provisions of law to surplus line insurance; to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs; to change the priority of distribution of claims from an insurer's estate; to amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, so as to change certain provisions relating to insurance premium discounts; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code Section 33-5-21.1 to read as follows:
"33-5-21.1.
Insurance placed in accordance with this article shall not be subject to the provisions of Chapter 9 of this title or Code Section 33-24-9."
SECTION 2.
Said title is further amended by striking Code Section 33-9-40.2, relating to workers' com pensation 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 not less than a 5 7 1/2 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 requirements of Article 11 of Chapter 9 of Title 34 and has notified its insurer in writing of such certification.

TUESDAY MARCH 25, 1997

1485

(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 a period not to exceed ftrnr 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 fuui 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 fuui-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 conduct a study to determine the impact of this chapter on reducing workers' compensation losses and on the impact of the premium credit provided pursuant to this Code section in encouraging employers to implement and maintain the program for which the credit is providedT
(e) (f) The Commissioner shall be authorized to promulgate rules and regulations necessary~for the implementation and enforcement of this Code section."
SECTION 3.
Said title is further amended by striking Code Section 33-37-41, relating to priority of dis tribution of claims from an insurer's estate, and inserting in lieu thereof a new Code section to read as follows:
"33-37-41.
For all pending and future claims in insolvencies existing on July 1, 1997, and for all claims in future insolvencies, the fire priority of distribution of claims from the insurer's estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be:
(1) Class 1. The costs and expenses of administration during rehabilitation and liqui dation, including, but not limited to, the following:
(A) The actual and necessary costs of preserving or recovering the assets of the insurer;
(B) Compensation for all authorized services rendered in the rehabilitation and liquidation;

1486

JOURNAL OF THE SENATE

(C) Any necessary filing fees;

(D) The fees and mileage payable to witnesses;

(E) Authorized reasonable attorney's fees and other professional services rendered in the rehabilitation and liquidation; and

(F) The reasonable expenses of a guaranty association or foreign guaranty associa tion for unallocated loss adjustment expenses;

(Z) uiass z. iteasuj:iauie cumpeii

u^-cca lui BCIVILBB jjciluiiucU tu tne ex-

ternrtfaat Liic^y WUTtr-ftn OCl V
irdatt

Aueeu. LWU months ufmun

PL!
rab jliLatiun

^.ict^hciunic--id--l--iq--u--id--ar.tlU blelf, oWi

e the filing of the ilhiii oim yeai befuie

petition -ror Llie filing of

the mrrfri

iitaii

i

diiettoib bhall nut be mil" 1 - 1 '

-tare

LIJ.1O

utheiwUJC Ct^JJJJ

md the

,.,i, ....
CUUll. kjul.ll pi

v-dTHlHF-trH-inmf any uthe

authur-

termigC,

110CI tilI1L 111 C1I1|Jlu_ycca All claims under policies, includ-

ing third-party claims and all claims of a guaranty association or foreign guaranty

association. All claims under life insurance and annuity policies, whether for death

proceeds, annuity proceeds, or investment values, shall be treated as loss claims. That

portion of any loss, indemnification for which is provided by other benefits or advan

tages recovered by the claimant, shall not be included in this class other than benefits

or advantages recovered or recoverable in discharge of familial obligation of support or

Fy way of succession at death or as proceeds of life insurance or as gratuities. No

payment by an employer to his employee shall be treated as a gratuity;

\ij) OlclSS o. AJ.1 ClcllliiS mluet' ^jGllCltJti, including sU.Cli ClililllS OI tllG I6tl&rfl.l or &iiy sL^.lt;
or luCiil ov t;i'iiiiicj.it lui losses mcuirsci, liicrticinj.^ tliiru~jj&.i'iiy cl&iiiis <inu. till claims 01 &
ju.fcu'<ii.ity 3.SSOCI3.L1OH OIL iui'eigii gu.di'3-li.tj^ SSSOdilLiGii. All OliilliiS LUlQSr lile iilSUr&iiCt;
and annuity policieb, wlitilliei1 for JeaLli pi upends, annuity piucueds, ui iuvebLmeiit val-
T16S Bii3.ll Oc ti'^&teQ US tuSsj Clfl-iliiS. UlSt JjOVt/lOlli OI diiy luSS, lHQcSIilIllIlC3tiuil lOi1 WliiCli
TS JjrOVlQSQ Dy Otlldrr DtJiiellLS Ol* fciClv a.iito.^cc> 1 cuuVel cQ Dy til6 01ctlillSintj Sllctll HOt D6
lHClU.C16tJ ul tlllS CltiSti OtilSi* til3.11 utiUSlltS Ol" &u.v &.ilt&.^t!S FfcCOVGlcCl OT lleCGVt;i'ci.ulti ITT
dischaige of familial obligation of suppuit ui liy way uf succession at dealli 01 as pro-
ct;t:uS ul lilc iii&ui anCc ui as gicttuiticB. Nu payment uy tin cinplu_yt:i LO liis ciiiplu^ ce
shall be tieated as a giatuily Claims of the federal government except those under Class 2;

4. (_/lfctiiiiB uililcl* 110IllSscBBfciOle pOliCitJB lor U.H6
i Ol C
companies in tlieu capacity as such Reasonable compensation to employees for services performed to the extent that such compensation does not exceed two months of mone tary compensation and does not represent payment for services performed within one year before the filing of the petition for liquidation or, if rehabilitation preceded liqui dation, within one year before the filing of the petition for rehabilitation. Principle officers and directors shall not be entitled to the benefit of this priority except as other wise approved by the liquidator and the court. Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of employees;
(5) Class 5. Claims uf the fedeial ui any stale ui lucal government, exujyl lliuse under Class 3. Claims, including tliuse of any governmental budy fui a penalty ui fuifeituie, shall be allowed in this class only tu Hie extent of Lhu pecuniaiy luhh bubtdined fium the
tiCL, Lila.iiSo.CtiOllj O1T prOCtJcdiil^ Ollt OI WliiCli tlic pcli3.1ty UIL lui leitui't! d.lnOSe wltll l*ctiSOll~
l Custs uuC3.SlGiit;u. tiitJi'euy. jrrlG I'tjiiifcniidci* Ol SUCll C13.1THS Slio.ll uc
punuu. tu tile ClciriS OI Clanj.iS c8t3.ullSll.6CI u.iiut;i p fl.r 3.T ilpll \o) OT tlllS vjOQ.6 st;Ctlull
Claims under nonassessable policies for unearned premium or other premium refunds and claims of general creditors, including claims of ceding and assuming companies in their capacity as sucE;

TUESDAY MARCH 25, 1997

1487

(,Oj O13.SS D. (_/la.iiiici lilcCi. Icttt; ui* tt-LLy OLlitJi' Cl&iiiib "011161" tJ.Q3.Il CitlllllS UlluSi' jj<n tti^tijjlis
(7) and (8) of this Code section Claims of any state or local government except those under Class 2. Claims, including those of any governmental body for a penalty or for feiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose with reasonable and actual costs occasioned thereby. The remainder of such claims sEall be postponed to the class of claims established under paragraph (8) of this Code section;
(7) Class 7. Surplus ui iimtiibiiliun notes ui bimilai obligations and premium refunds
uii tiooeooctulc ^luliCics.IT elements Lu liituiiuci'S Ol iiluiiit;sLiu mutual! niaLii^titut: uLnn^iciiiico
shall be limited in aixuidance with law Claims filed late or any other claims other than claims under paragraphs (7) and (8) of this Code section; and
(8) Class 8. The claims? uf bhaieholdeis ui uthei uwneis in tlieii capacity as bhaiuhulders Surplus or contribution notes or similar obligations and premium refunds on as sessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law; and
(9) Class 9. The claims of shareholders or other owners in their capacity as shareholders."
SECTION 4.
Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, is amended by striking Code Section 34-9-412, relating to insurance premium discounts, and inserting in lieu thereof the following:
"34-9-412.
If an employer implements a drug-free workplace program substantially in accordance with Code Section 34-9-413, the employer shall qualify for certification for a 0 pel cent premium discount under such employer's workers' compensation insurance policy as pro vided in Code Section 33-9-40.2."
SECTION 5.
Section 3 of this Act shall apply to all claims filed in any proceeding to liquidate an insurer which proceeding is pending on July 1, 1997, or which is commenced on or after July 1, 1997.
SECTION 6.
This Act shall become effective on July 1, 1997.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 29th offered the following amendment:
Amend the committee substitute to HB 584 by striking on page 5, line 12 the words "does not represent" and replace with "represents"
by changing, on line 3, page 6 the number "(8)" to "(9)"
by changing, on line 10, page 6 the numbers "(7) and (8)" to "(8) and (9)"
On the adoption of the amendment, the yeas were 33, nays 0, and the Langford 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.

1488

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

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

Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brush Clay

James Tanksley

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.
Senator Dean of the 31st moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Kemp was excused.
The Calendar was resumed.
HB 112. By Representatives Taylor of the 134th, Buck of the 135th, Sinkfield of the 57th and Trense of the 44th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with regard to children and youth services, so as to change a provision relating to the amount of financial assistance which may be provided to families adopting hardto-place children.
Senate Sponsor: Senator Oliver of the 42nd.

TUESDAY MARCH 25, 1997

1489

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 9, 1997

The Honorable Maretta M. Taylor State Representative Legislative Office Building, Room 511 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 112 (LC 19 3175)

Dear Representative Taylor:
This bill would increase the amount of financial assistance that can be provided to families who adopt hard to place children through the Department of Human Resources. Currently, families may receive up to 75 percent of the daily rate paid to persons caring for foster care children. This bill would allow the financial assistance to be increased up to 100 percent of the daily rate paid for foster parents.
This bill could increase costs by approximately $3.8 million in the first year. Of this total, approximately $2.8 million would be paid with state funds. This estimate was based on the Department of Human Resources' projection that financial assistance will be provided for 3,974 children during fiscal year 1998. This estimate assumes that all families would re ceive the maximum financial assistance authorized by this legislation. Currently, the max imum assistance allowed is $7.88 per day. If this legislation is enacted and funding is appropriated, the rate could increase up to $10.50 per day.
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 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 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

1490

JOURNAL OF THE SENATE

Those not voting were Senators:

Balfour Brush

Kemp (excused) Price of 28th

Tanksley

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

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. Senate Sponsor: Senator Middleton of the 50th.
The Senate Health and Human Services Committee offered the following substitute to HB 465:
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 provide for a definition; to authorize a modification of the state plan for medical assistance; 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 adding to Code Section 49-4-141, relating to definitions, a new paragraph (4.1) to read as follows:
"(4.1) 'Institution for mental diseases' means a hospital, nursing facility, or other institu tion that is primarily engaged in providing diagnosis, treatment, or care of persons with mental diseases, including medical attention, nursing care, and related services."
SECTION 2.
Said article is further amended by adding at the end of Code Section 49-4-142, relating to the Department of Medical Assistance and the state plan for medical assistance, a new subsection (d) to read as follows:
"(d) Subject to the provisions of the appropriations Act and fees as determined by the department, the department is authorized to provide in the state plan for medical assist ance and the rules or regulations of the department for reimbursement for inpatient care in institutions for mental diseases; provided, however, that such provisions in the state plan shall not provide for reimbursement in such institutions for recipients under 65 years of age, unless the recipients are under 21 years of age or are under 22 years of age and had begun receiving inpatient psychiatric services immediately before their twentyfirst birthday. If so amended, the state plan for medical assistance will require, to the extent possible by use of case management and utilization review programs, selective contracting, or other alternatives designed to control costs, that expenditures for inpa tient behavioral health services for the defined population will not increase above fiscal year 1996 levels adjusted according to the health care component of the Consumer Price Index. Not later than 45 days after the effective date of this subsection, the department shall forward the appropriate public notice of the plan modifications to the Board of Med ical Assistance for approval. Subject to and immediately upon such approval, the depart ment shall forward such provisions, including any applications for modification to any previously approved federal Medicaid waivers or any necessary additional waiver, to the Governor and the appropriate federal authorities for approval. To the extent that the

TUESDAY MARCH 25, 1997

1491

department must make provisions in its policies and procedures pursuant to this subsec tion, such provisions shall be adopted and implemented no later than 90 days following the approval of the provisions in the state plan by the federal authorities."

SECTION 3.

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

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Tysinger of 41st offered the following amendment:
Amend the committee substitute to HB 465 by adding after "To amend" on line 1 of page 1 the following:
"Code Section 37-2-6.2 of the Official Code of Georgia Annotated, relating to certain em ployees of community service boards, so as to delete certain provisions relating to termi nations from state employment; to amend".
By adding between lines 8 and 9 of page 1 the following:
"Code Section 37-2-6.2 of the Official Code of Georgia Annotated, relating to certain em ployees of community service boards, is amended by striking subsection (b) thereof, relat ing to termination from state employment of members of the classified service, and inserting in its place '(b) Reserved.'

SECTION 1.1."

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

Those voting in the affirmative were Senators:

Balfour Brush Burton Cagle Clay Crotts Egan

Glanton Gochenour Guhl Lamutt Land Price of 28th Price of 56th

Ralston Ray Roberts Tanksley Thomas of 54th Thompson Tysinger

Those voting in the negative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Dean Fort Gillis Griffin

Harbison Henson Hill Hooks Huggins James Johnson of 2nd Langford Madden Marable Middleton

Oliver Perdue Ragan Scott Starr Stokes Streat Taylor Thomas of 10th Turner Walker

Those not voting were Senators Johnson of the 1st and Kemp (excused).

On the adoption of the amendment, the yeas were 21, nays 33, and the Tysinger amendment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

1492

JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th 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 Lamutt Land Langford Madden Marable Middleton Oliver

Perdue 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 Kemp (excused) and Price of the 28th.

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

HB 1013. By Representative Crawford of the 129th:

A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to change procedures relating to review of pretrial proceedings in cases in which the death penalty is sought.
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th 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 Lamutt Land

Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes

TUESDAY MARCH 25, 1997

1493

Streat Tanksley Taylor

Thomas of 54th Thomas of 10th Thompson

Turner Tysinger Walker

Those not voting were Senators Abernathy and Kemp (excused).

On the passage of the bill, the yeas were 54, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

HB 222. By Representatives Breedlove of the 85th and Mills of the 21st:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.

SB 373. By Senator Perdue of the 18th:
A bill to create the Houston County Commission on Children and Youth; to pro vide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide for the purposes for which the commission is created.

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.

HB 766. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.

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.

1494

JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
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.
The Calendar was resumed.
HB 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997 and ending June 30, 1998.
Senate Sponsor: Senator Hooks of the 14th.
The Senate Committee on Appropriations offered the following substitute to H.B. 204:
A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year begin ning July 1, 1997, and ending June 30, 1998; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, in stitutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants au thorized by law; to provide for the control and administration of funds; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1997, and ending June 30, 1998, 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 $11,118,750,000 (ex cluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1998.
PARTI.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly................................. ..$26,676,465 Personal Services--Staff ....................................... $14,266,980 Personal Services--Elected Officials .............................. $3,920,726

TUESDAY MARCH 25, 1997

1495

Regular Operating Expenses .................................... $2,577,235 Travel--Staff................................................... $100,000 Travel--Elected Officials ........................................... $7,000 Capital Outlay........................................................ $0 Per Diem Differential............................................ $519,200 Equipment ..................................................... $250,000 Computer Charges .............................................. $608,000 Real Estate Rentals ............................................... $5,000 Telecommunications ............................................. $650,500 Per Diem, Fees and Contracts--Staff.............................. $130,230 Per Diem, Fees and Contracts--Elected Officials ................... $2,403,794 Photography.................................................... $105,000 Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ......................................... $26,676,465 State Funds Budgeted ......................................... $26,676,465

Senate Functional Budgets Total Funds

Senate and Research Office

$ 4,153,572

Lt. Governor's Office

$

720,284

Secretary of the Senate's Office

$ 1,176,529

Total

$ 6,050,385

State Funds

$ 4,153,572

$

720,284

$ 1,176,529

$ 6,050,385

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 10,821,449

Speaker of the House's Office

$

565,994

Clerk of the House's Office

$ 1,445,890

Total

$ 12,833,333

State Funds

$ 10,821,449

$

565,994

$ 1,445,890

$ 12,833,333

Joint Functional Budgets Total Funds

Legislative Counsel's Office

$ 2,814,996

Legislative Fiscal Office

$ 2,262,474

Legislative Budget Office

$

967,865

Ancillary Activities

$ 1,361,046

Budgetary Responsibility Oversight Committee $

386,366

Total

$ 7,792,747

State Funds

$ 2,814,996

$ 2,262,474

$

967,865

$ 1,361,046

386,366

$ 7,792,747

For compensation, expenses, mileage, allowances, travel and benefits for members, of ficials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall,

1496

JOURNAL OF THE SENATE

prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Leg islative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwith standing, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expen diture of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards deter mining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits .............................. .$20,118,377 Personal Services ............................................ .$17,013,255 Regular Operating Expenses ..................................... $629,390 Travel ......................................................... $575,000 Motor Vehicle Purchases ......................................... $118,374 Equipment ...................................................... $15,000 Real Estate Rentals ............................................. $908,710 Per Diem, Fees and Contracts ..................................... $43,000 Computer Charges .............................................. $636,110 Telecommunications ............................................. $179,538 Total Funds Budgeted ......................................... $20,118,377 State Funds Budgeted ........................................ .$20,118,377

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch.................................... .$93,061,235 Personal Services ............................................. $12,819,251 Other Operating .............................................. $77,028,279 Prosecuting Attorney's Council................................... $2,457,947 Judicial Administrative Districts ................................. $1,624,344 Payment to Council of Superior Court Clerks ........................ $38,000 Payment to Resource Center ..................................... $300,000 Computerized Information Network ............................... $700,000 Total Funds Budgeted ........................................ .$94,967,821 State Funds Budgeted ........................................ .$93,061,235

Supreme Court Court of Appeals Superior Court-Judges

Judicial Branch Functional Budgets Total Funds
$ 6,879,503 $ 8,045,875 $ 37,733,364

State Funds $ 6,229,503 $ 7,995,875 $ 37,659,364

TUESDAY MARCH 25, 1997

1497

Superior Court-District Attorneys Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

$ 30,969,900 $ 29,916,584

$ 1,209,812 $ 1,209,812

$

783,635 $

783,635

$ 2,441,831 $ 2,362,561

$

166,364 $

166,364

$ 4,284,487 $ 4,284,487

$ 2,194,186 $ 2,194,186

$

258,864 $

258,864

$ 94,967,821 $ 93,061,235

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ............. .$40,266,911
Personal Services ............................................. $49,275,341 Regular Operating Expenses ................................... $12,426,380 Travel ......................................................... $464,371 Motor Vehicle Purchases ......................................... $666,934 Equipment .................................................... $1,396,285 Computer Charges ............................................ $12,160,611 Real Estate Rentals ............................................ $3,567,350 Telecommunications ............................................ $3,850,727 Per Diem, Fees and Contracts ................................... $2,797,719 Rents and Maintenance Expense ................................ $10,908,892
Utilities .............................................................. $0 Payments to DOAS Fiscal Administration ......................... $2,974,797 Direct Payments to Georgia Building Authority for Capital
Outlay ............................................................. $0
Direct Payments to Georgia Building Authority for Operations ......................................................... $0
Telephone Billings ............................................ $56,363,800 Radio Billings .................................................. $929,406 Materials for Resale .......................................... .$20,039,840 Public Safety Officers Indemnity Fund............................. $700,000 Health Planning Review Board Operations .......................... $35,000 Payments to Aviation Hall of Fame ................................ $48,500 Payments to Golf Hall of Fame .................................... $85,000 Total Funds Budgeted ....................................... .$178,690,953 State Funds Budgeted ......................................... $40,266,911

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 5,777,891 i& 2,483,186

Statewide Operations and Support

$ 7,809,985 5 4,173,281

Interagency Support Services

$ 31,022,852 i&

0

Information Technology Services

$ 128,433,557 i& 29,552,809

State Properties Commission

$

654,007 i

654,007

Distance Learning and Telemedicine

$

0 i

0

Office of the Treasury

$ 1,497,842 i5

182,978

State Office of Administrative Hearings

$ 3,494,819 i& 3,220,650

Total

$ 178,690,953 i 40,266,911

B. Budget Unit: Georgia Building Authority

........... $0

Personal Services ............................................. $22,487,602

1498

JOURNAL OF THE SENATE

Regular Operating Expenses ................................... $13,560,189 Travel .......................................................... $12,000 Motor Vehicle Purchases ......................................... $200,000 Equipment ..................................................... $196,800 Computer Charges .............................................. $110,100 Real Estate Rentals .............................................. $15,071 Telecommunications ............................................. $228,970 Per Diem, Fees and Contracts .................................... $405,000 Capital Outlay........................................................ $0 Utilities .............................................................. $0 Contractual Expense .................................................. $0 Facilities Renovations and Repairs ...................................... $0 Total Funds Budgeted ......................................... $37,215,732 State Funds Budgeted ................................................. $0

Grounds Custodial Maintenance Security Van Pool Sales Administration Roofing Facilities Program Total

$ 1,452,327 $

0

$ 5,507,049 $

0

$ 4,297,686 $

0

$ 7,229,140 $

0

$

381,939 $

0

$ 4,234,456 $

0

$ 13,038,855 $

0

$

370,657 $

0

$

703,623 $

0

$ 37,215,732 $

0

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture ........................ $36,840,059 Personal Services ............................................. $31,580,581 Regular Operating Expenses .................................... $4,449,644 Travel ......................................................... $959,745 Motor Vehicle Purchases ......................................... $302,000 Equipment ..................................................... $448,115 Computer Charges .............................................. $550,000 Real Estate Rentals ............................................. $814,475 Telecommunications ............................................. $412,585 Per Diem, Fees and Contracts .................................... $951,396 Market Bulletin Postage ........................................ $1,046,000 Payments to Athens and Tifton Veterinary Laboratories ............ $3,023,546 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon Mitchell, and Monroe ......................................... $2,767,867 Veterinary Fees................................................. $275,000 Indemnities ..................................................... $60,000 Advertising Contract ............................................ $175,000 Payments to Georgia Agrirama Development Authority for Operations .:................................................. $715,898 Payments to Georgia Development Authority ............................. $0 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets .................................. $0 Capital Outlay........................................................ $0 Contract-Federation of Southern Cooperatives ....................... $40,000 Boll Weevil Eradication Program........................................ $0 Total Funds Budgeted ........................................ .$48,571,852

TUESDAY MARCH 25, 1997

1499

State Funds Budgeted ......................................... $36,840,059

Departmental Functional Budgets Total Funds

State Funds

Plant Industry

$ 7,989,965 $ 7,208,965

Animal Industry

$ 15,796,007 $ 12,663,872

Marketing

$ 6,275,343 $ 2,600,343

Internal Administration

$ 6,381,555 $ 6,194,055

Fuel and Measures

$ 3,591,604 $ 3,461,904

Consumer Protection Field Forces

$ 7,955,140 $ 4,710,920

Seed Technology

$

582,238 $

0

Total

$ 48,571,852 $ 36,840,059

B. Budget Unit: Georgia Agrirama Development Authority ................... $0 Personal Services ............................................... $885,322 Regular Operating Expenses ..................................... $209,650 Travel ........................................................... $3,500 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $3,060 Computer Charges ................................................ $7,500 Real Estate Rentals ................................................... $0 Telecommunications ............................................... $7,341 Per Diem, Fees and Contracts ..................................... $37,500 Capital Outlay................................................... $86,432 Goods for Resale ................................................ $115,000 Total Funds Budgeted .......................................... $1,355,305 State Funds Budgeted ................................................. $0

Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ................. $9,280,304 Personal Services .............................................. $7,596,164 Regular Operating Expenses ..................................... $437,094 Travel ......................................................... $400,000 Motor Vehicle Purchases ......................................... $112,380 Equipment ....................................................... $7,464 Computer Charges .............................................. $277,112 Real Estate Rentals ............................................. $364,290 Telecommunications .............................................. $73,000 Per Diem, Fees and Contracts ..................................... $12,800 Total Funds Budgeted .......................................... $9,280,304 State Funds Budgeted .......................................... $9,280,304

Section 7. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$163,055,865 Personal Services ............................................. $97,050,137 Regular Operating Expenses .................................... $9,788,339 Travel ........................................................ $1,165,861 Motor Vehicle Purchases ......................................... $128,000 Equipment ..................................................... $533,307 Computer Charges .............................................. $324,310 Real Estate Rentals ............................................ $1,778,885 Telecommunications ............................................ $1,046,880 Per Diem, Fees and Contracts .................................. .$8,191,183 Utilities ....................................................... $2,988,520 Institutional Repairs and Maintenance ............................ $552,485

1500

JOURNAL OF THE SENATE

Grants to County-Owned Detention Centers ....................... $2,722,620 Service Benefits for Children .................................. .$18,607,910 Purchase of Service Contracts .................................. $23,160,210 Capital Outlay........................................................ $0 Total Funds Budgeted ....................................... .$168,038,647 State Funds Budgeted ....................................... .$163,055,865

Departmental Functional Budgets Total Funds

Regional Youth Development Centers

$ 33,306,000

Bill Ireland YDC

$ 16,091,951

Augusta State YDC

$ 11,366,271

Lorenzo Benn YDC

$ 6,665,445

Macon State YDC

$ 5,866,641

Wrightsville YDC

$ 15,386,398

YDC Purchased Services

$ 22,318,180

Court Services

$ 19,309,491

Day Centers

$

484,187

Group Homes

$ 1,089,606

CYS Purchased Services

$ 20,959,983

Georgia Addiction Pregnancy and Parenting

Project

$

0

Law Enforcement Office

$ 1,747,738

Assessment and Classification

$

542,337

Multi-Service Centers

$ 3,834,254

Youth Services Administration

$ 9,070,165

Total

$ 168,038,647

State Funds

$ 32,174,780

$ 15,428,439

$ 10,859,841

$ 6,425,961

$ 5,579,082

$ 14,906,398

$ 21,751,340

$ 19,153,639

$

484,187

$ 1,089,606

$ 20,098,098

$

0

$ 1,747,738

$

542,337

$ 3,744,254

$ 9,070,165

$ 163,055,865

Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs .................... $27,337,181 Personal Services .............................................. $6,097,070 Regular Operating Expenses ..................................... $335,591 Travel ......................................................... $175,696 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $1,368 Real Estate Rentals ............................................. $488,430 Per Diem, Fees and Contracts .................................... $247,564 Computer Charges .............................................. $132,424 Telecommunications .............................................. $82,110 Capitol Felony Expenses ............................................... $0 Contracts for Regional Planning and Development ................. $2,063,100 Local Assistance Grants ........................................ $1,724,000 Appalachian Regional Commission Assessment ..................... $133,355 Community Development Block Grants-Federal................... $30,000,000 Payment to Georgia Environmental Facilities Authority ............ $2,408,293 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 ........................ $695,860 Payment to State Housing Trust Fund............................ $4,625,000 Payment to Sports Hall of Fame .................................. $190,390 Regional Economic Business Assistance Grants .................... $5,500,000

TUESDAY MARCH 25, 1997

1501

Local Government Efficiency Grant Program ............................. $0 State Commission on National and Community Service .............. $299,114 EZ/EC Administration ........................................... $199,024 EZ/EC Grants ........................................................ $0 Regional Economic Development Grant Program .................... $1,000,000 Targeted Regional Assistance Program .................................. $0 Administrative Cost Allocation.......................................... $0 Total Funds Budgeted ......................................... $59,862,633 State Funds Budgeted ........................................ .$27,337,181

Departmental Functional Budgets Total Funds

Executive Division

$

541,328

Research and Information Division

$ 3,391,238

Planning and Management Division

$ 3,760,273

Business and Financial Assistance Division

$ 37,929,170

Housing and Finance Division

$

0

Accounting, Audits and Administration Division $ 14,240,624

Rental Assistance Division

$

0

Total

$ 59,862,633

State Funds

$

541,328

$ 3,391,238

$ 3,585,745

6,855,613

$

0

$ 12,963,257

$

0

$ 27,337,181

Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation.......... $681,504,628
Personal Services ........................................... .$485,301,705 Regular Operating Expenses ................................... $60,714,638 Travel ........................................................ $2,296,077 Motor Vehicle Purchases ......................................... $680,920 Equipment .................................................... $3,213,596 Computer Charges ............................................. $6,017,166 Real Estate Rentals ............................................ $6,008,776 Telecommunications ............................................ $6,823,074 Per Diem, Fees and Contracts ................................... $9,392,729 Capital Outlay........................................................ $0 Utilities...................................................... $22,010,453 Court Costs ................................................... $1,200,000 County Subsidy ............................................... $17,273,625 County Subsidy for Jails ........................................ $4,034,500 County Workcamp Construction Grants.................................. $0 Central Repair Fund ........................................... $1,093,624 Payments to Central State Hospital for Meals ..................... $4,059,700 Payments to Central State Hospital for Utilities ................... $1,576,000 Payments to Public Safety for Meals .............................. $577,160 Inmate Release Fund ........................................... $1,300,000 Health Services Purchases ..................................... $67,146,736 Payments to MAG for Health Care Certification ..................... $66,620 University of Georgia-College of Veterinary Medicine
Contracts .................................................... $366,244 Minor Construction Fund ........................................ $894,000 Total Funds Budgeted ....................................... .$702,047,343 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ......................................... $0 State Funds Budgeted ....................................... .$681,504,628

1502

JOURNAL OF THE SENATE

Executive Operations

Departmental Functional Budgets Total Funds
$ 14,598,419

State Funds $ 14,241,419

Administration

$ 73,863,768 $ 70,354,693

Human Resources Field Probation Facilities

$ 12,299,043 $ 59,655,872 $ 541,630,241

$ 12,299,043 $ 59,175,872 $ 525,433,601

Total

$ 702,047,343 $ 681,504,628

B. Budget Unit: Board of Pardons and Paroles ...................... $43,647,323 Personal Services ............................................. $34,021,299 Regular Operating Expenses .................................... $1,614,750 Travel ......................................................... $542,000 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $194,424 Computer Charges .............................................. $591,200 Real Estate Rentals ............................................ $2,785,000 Telecommunications ............................................. $930,000 Per Diem, Fees and Contracts ................................... $2,293,650 County Jail Subsidy ............................................. $650,000 Health Services Purchases ........................................ $25,000 Total Funds Budgeted ......................................... $43,647,323 State Funds Budgeted ......................................... $43,647,323

Section 10. Department of Defense. Budget Unit: Department of Defense ............................... $4,298,699 Personal Services ............................................. $10,524,872 Regular Operating Expenses .................................... $6,448,797 Travel .......................................................... $29,375 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $20,000 Computer Charges ............................................... $11,125 Real Estate Rentals .............................................. $24,400 Telecommunications .............................................. $40,825 Per Diem, Fees and Contracts .................................... $454,200 Capital Outlay........................................................ $0 Total Funds Budgeted ......................................... $17,553,594 State Funds Budgeted .......................................... $4,298,699

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 1,401,544

Georgia Air National Guard

$ 5,553,809

Georgia Army National Guard

$ 10,598,241

Total

$ 17,553,594

State Funds

$ 1,362,852

$

602,799

$ 2,333,048

$ 4,298,699

Section 11. State Board of Education Department of Education. A. Budget Unit: Department of Education
Operations:.................................................. $4,172,334,375 Personal Services ............................................. $33,572,659 Regular Operating Expenses .................................... $4,900,001 Travel ......................................................... $951,664 Motor Vehicle Purchases .......................................... $44,661 Equipment ..................................................... $120,249 Computer Charges ............................................. $9,324,163

TUESDAY MARCH 25, 1997

1503

Real Estate Rentals ............................................ $1,317,377 Telecommunications ............................................ $1,107,957 Per Diem, Fees and Contracts .................................. $22,239,759 Utilities ........................................................ $793,952 Capital Outlay ........................................................ $0 QBE Formula Grants: Kindergarten\Grades 1-3 ................................... $1,037,936,340 Grades 4-8 ..................................................$877,984,026 Grades 9-12 .................................................$359,413,405 High School Laboratories .................................... .$179,022,113 Vocational Education Laboratories ............................ .$117,029,138 Special Education ........................................... .$420,369,254 Gifted .......................................................$66,588,876 Remedial Education ........................................... $95,177,463 Staff Development and Professional Development ................. $34,902,250 Media ..................................................... .$109,868,249 Indirect Cost ................................................ $714,040,341 Pupil Transportation ........................................ .$143,158,430 Local Fair Share ........................................... $(703,482,589) Mid-Term Adjustment Reserve.......................................... $0 Teacher Salary Schedule Adjustment .................................... $0 Other Categorical Grants: Equalization Formula ....................................... .$168,134,386 Sparsity Grants ................................................ $3,717,891 In School Suspension ......................................... .$26,455,193 Special Instructional Assistance .............................. .$100,726,111 Middle School Incentive ....................................... .$82,037,772 Special Education Low-Incidence Grants ........................... $563,759 Limited English-Speaking Students Program .................... .$17,275,907 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................................. $44,300,895 School Lunch (Federal) ...................................... .$188,375,722 School Lunch (State) .......................................... $30,571,431 Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification ................... $1,491,147 Regional Education Service Agencies ............................ $10,128,210 Georgia Learning Resources System .............................. $3,532,519 High School Program .......................................... $21,712,926 Special Education in State Institutions ........................... $3,644,659 Governor's Scholarships......................................... $3,500,000 Vocational Research and Curriculum .............................. $293,520 Even Start .................................................... $2,720,906 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 ................................ $4,632,785 Emergency Immigrant Education Program ......................... $164,514

1504

JOURNAL OF THE SENATE

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 .............................. .$17,196,481 Mentor Teachers ............................................... $1,250,000 Advanced Placement Exams ............................................ $0 Serve America Program .......................................... $382,597 Youth Apprenticeship Grants .................................... $4,340,000 Remedial Summer School ....................................... $1,689,931 Alternative Programs .......................................... $13,191,644 Environmental Science Grants .................................... $100,000 Pay for Performance ............................................ $3,300,000 Mentoring Program ............................................. $500,000 Charter Schools .................................................. $45,000 Technology Specialist .................................................. $0 Migrant Education .............................................. $274,395 Total Funds Budgeted ...................................... $4,668,055,190 Indirect DOAS Services Funding .................................. $340,000 State Funds Budgeted ...................................... $4,172,334,375

Departmental Functional Budgets Total Funds

State Funds

State Administration

$ 11,088,710 $ 9,631,016

Student Learning and Assessment

$ 18,063,987 $ 13,998,034

Governor's Honors Program

$ 1,124,597 $ 1,047,008

Quality and School Support

$ 5,451,732 $ 5,451,732

Federal Programs

$ 5,635,834 $

347,542

Technology

$ 14,741,637 $ 13,667,941

Professional Practices

$ 1,023,100 $ 1,023,100

Local Programs

$ 4,594,032,748 $ 4,112,031,770

Georgia Academy for the Blind

$ 5,446,986 $ 5,193,601

Georgia School for the Deaf

$ 4,613,900 $ 4,384,804

Atlanta Area School for the Deaf

$ 5,073,439 $ 4,799,884

Office of School Readiness

$ 1,758,520 $

757,943

Total

$ 4,668,055,190 $ 4,172,334,375

B. Budget Unit: Lottery for Education. ........................... .$295,605,951 Pre-Kindergarten for 4-year-olds .............................. .$207,658,979 Applied Technology Labs ........................................ $2,400,000 Financial and Management Equipment ........................... $3,804,500 Alternative Programs ............................................ $500,000 Educational Technology Centers .................................. $689,836 Distant Learning--Satellite Dishes...................................... $0 Technology Specialist.......................................... $15,401,836 Capital Outlay................................................ $21,148,000 Post Secondary Options ......................................... $1,661,000 Learning Logic Sites............................................ $1,100,000 Assistive Technology ........................................... $2,000,000 Computers in the Classroom.................................... $39,241,800 Total Funds Budgeted ........................................ $295,605,951
Lottery Funds Budgeted ..................................... .$295,605,951

TUESDAY MARCH 25, 1997

1505

Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System ............................... $0 Personal Services .............................................. $1,920,759 Regular Operating Expenses ..................................... $260,600 Travel .......................................................... $18,000 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $5,105 Computer Charges .............................................. $544,663 Real Estate Rentals ............................................. $306,040 Telecommunications .............................................. $36,315 Per Diem, Fees and Contracts ................................... $1,291,250 Benefits to Retirees ................................................... $0 Total Funds Budgeted .......................................... $4,382,732 State Funds Budgeted ................................................. $0
Section 13. Forestry Commission. Budget Unit: Forestry Commission ................................ $33,682,639 Personal Services ............................................. $27,805,189 Regular Operating Expenses .................................... $5,636,892 Travel ......................................................... $161,926 Motor Vehicle Purchases ......................................... $668,913 Equipment .................................................... $1,598,518 Computer Charges .............................................. $323,000 Real Estate Rentals .............................................. $21,420 Telecommunications ............................................. $925,319 Per Diem, Fees and Contracts ................................... $1,161,403 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 ......................................... $38,632,832 State Funds Budgeted ......................................... $33,682,639

Departmental Functional Budgets Total Funds

Reforestation

$ 1,833,816

Field Services

$ 32,725,162

General Administration and Support

$ 4,073,854

Total

$ 38,632,832

State Funds

$

0

$ 29,776,940

$ 3,905,699

$ 33,682,639

Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ...................... $47,234,866 Personal Services ............................................ .$35,663,635 Regular Operating Expenses .................................... $4,480,686 Travel ......................................................... $467,225 Motor Vehicle Purchases ......................................... $294,000 Equipment ..................................................... $570,010 Computer Charges .............................................. $625,355 Real Estate Rentals ............................................ $2,086,425 Telecommunications ............................................ $1,095,470 Per Diem, Fees and Contracts ................................... $1,468,060 Evidence Purchased ............................................. $484,000 Capital Outlay........................................................ $0 Total Funds Budgeted ......................................... $47,234,866 State Funds Budgeted ........................................ .$47,234,866

1506

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Administration

$ 4,260,751

Investigative

$ 23,735,416

Georgia Crime Information Center

$ 8,106,340

Forensic Sciences

$ 11,132,359

Total

$ 47,234,866

State Funds $ 4,260,751 $ 23,735,416 $ 8,106,340 $ 11,132,359 $ 44,234,866

Section 15. Office of the Governor. A. Budget Unit: Office Of the Governor............................. $29,369,369
Personal Services ............................................. $14,783,092 Regular Operating Expenses ..................................... $948,169 Travel ......................................................... $240,064 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $56,280 Computer Charges .............................................. $833,200 Real Estate Rentals ............................................. $988,718 Telecommunications ............................................. $447,206 Per Diem, Fees and Contracts ................................... $4,019,019 Cost of Operations ............................................. $3,279,364 Mansion Allowance ............................................... $40,000 Governor's Emergency Fund ..................................... $3,000,000 Intern Stipends and Travel....................................... $156,750 Art Grants of State Funds ...................................... $3,900,000 Art Grants of Non-State Funds ................................... $214,000 Humanities Grant--State Funds .................................. $175,000 Art Acquisitions--State Funds.......................................... $0 Children and Youth Grants ...................................... $276,426 Juvenile Justice Grants ......................................... $1,499,100 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 .......................................... $57,000 Total Funds Budgeted ......................................... $36,783,756 State Funds Budgeted ......................................... $29,369,369

Departmental Functional Budgets Total Funds

Governor's Office

$ 6,476,114

Office of Equal Opportunity

$

963,071

Office of Planning and Budget

$ 7,506,886

Council for the Arts

$ 5,070,137

Office of Consumer Affairs

$ 3,245,307

Georgia Information Technology Policy Council

$

638,063

Criminal Justice Coordinating Council

$ 1,242,197

Children and Youth Coordinating Council

$ 2,221,586

Human Relations Commission

$

303,207

Professional Standards Commission

$ 3,991,774

Georgia Emergency Management Agency

$ 4,965,374

Office of State Olympic Coordination

$

0

State Funds

$ 6,476,114

$

799,125

$ 7,406,886

$ 4,494,137

$ 3,144,307

$

638,063

$

302,878

$

522,586

$

303,207

$ 3,991,774

$ 1,130,252

$

0

TUESDAY MARCH 25, 1997

1507

Governor's Commission for the Privatization of Government Services
Vocational Education Advisory Council
Total

160,040 0
36,783,756

160,040 0
29,369,369

Section 16. Department of Human Resources. Budget Unit: Department of Human Resources .................... $1,176,765,266
1. General Administration and Support Budget: Personal Services ............................................ .$52,598,860 Regular Operating Expenses .................................... $2,121,177 Travel ........................................................ $1,330,451 Motor Vehicle Purchases ........................................ $1,573,678 Equipment ...................................................... $87,698 Real Estate Rentals ............................................ $4,743,651 Per Diem, Fees and Contracts ................................... $6,473,472 Computer Charges ............................................. $1,170,698 Telecommunications ............................................. $732,898 Special Purpose Contracts........................................ $284,000 Service Benefits for Children ................................... $46,486,389 Purchase of Service Contracts .................................. $38,469,246 Institutional Repairs and Maintenance ............................. $89,214 Postage ........................................................ $921,644 Payments to DMA-Community Care ............................. $17,942,073 Total Funds Budgeted ........................................ $175,025,149 Indirect DOAS Services Funding .................................. $412,600

Departmental Functional Budgets Total Funds

Commissioner's Office

$

895,194

Budget Administration

$ 1,056,786

Children's Community 3d Initiative

$ 5,497,732

Troubled Children's Placemtents

$ 46,486,389

Technology and Support

$ 22,515,890

Facilities Management

$ 5,496,769

Regulatory Services--Pn am Direction and Support

$

800,481

Child Care Licensing

$ 2,678,091

Health Care Facilities Reguilation

$ 9,917,079

Fraud and Abuse

$ 6,301,301

Financial Services

$ 5,650,123

Auditing Services

$ 1,835,709

Personnel Administration

$ 1,753,860

Indirect Cost

$

0

Policy and Government Services

$

983,419

Aging Services

$ 59,912,879

State Health Planning Agency

$ 1,609,580

DD Council

$ 1,633,867

Total

$ 175,025,149

State Funds

$

895,194

$ 1,056,786

$ 5,122,732

$ 33,335,726

$ 20,872,736

$ 4,242,773

$

790,481

$ 2,678,091

$ 4,214,287

$ 2,266,921

$ 5,450,123

$ 1,835,709

$ 1,753,860

$ (8,737,576)

$

983,419

$ 30,581,265

$ 1,529,580

$

49,164

$ 108,921,271

1508

JOURNAL OF THE SENATE

2. Public Health Budget: Personal Services ............................................. $49,398,113 Regular Operating Expenses ................................... $74,065,023 Travel ......................................................... $809,702 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $195,367 Real Estate Rentals ............................................ $1,413,650 Per Diem, Fees and Contracts ................................... $4,032,117 Computer Charges ............................................. $1,648,431 Telecommunications ............................................ $1,219,461 Special Purpose Contracts........................................ $280,732 Purchase of Service Contracts ................................. .$12,403,748 Grant-ln-Aid to Counties ...................................... $128,141,884 Postage ........................................................ $100,803 Medical Benefits ............................................... $4,347,222 Total Funds Budgeted ....................................... .$278,090,753 Indirect DOAS Services Funding .................................. $549,718 State Funds Budgeted ....................................... .$148,307,416

Departmental Functional Budgets Total Funds

District Health Administration

12,297,455

Newborn Follow-Up Care

1,421,002

Oral Health

1,537,167

Stroke and Heart Attack Prevention

2,242,298

Sickle Cell, Vision and Hearing

4,051,568

High-Risk Pregnant Women and Infants

5,229,542

Sexually Transmitted Diseases

2,261,897

Family Planning

10,667,677

Women, Infants and Children Nutrition

83,121,095

Grant in Aid to Counties

63,662,639

Children's Medical Services

13,138,551

Emergency Health

3,101,859

Primary Health Care

1,466,388

Epidemiology

582,369

Immunization

1,018,421

Community Tuberculosis Control

6,065,997

Family Health Management

835,014

Infant and Child Health

1,174,458

Maternal Health--Perinatal

2,473,934

Chronic Disease

399,430

Diabetes

559,516

Cancer Control

4,737,578

Director's Office

1,174,660

Injury Control

411,408

Health Program Management

1,776,875

Vital Records

1,967,877

Health Services Research

2,679,182

State Funds 12,167,780 1,206,171 1,214,992 1,129,686 3,652,749 5,117,542 311,221 5,762,128 0 62,589,415 6,362,244 1,753,146 1,366,347 428,657 2,000 4,656,415 660,155 499,693 1,056,154 399,430 559,516 4,737,578 922,305 200,913 1,728,196 1,728,050 2,456,364

TUESDAY MARCH 25, 1997

1509

Environmental Health

1,347,159 $

835,286

Laboratory Services

5,943,345 $ 5,673,345

Community Care

0$

0

Community Health Management

165,994 $

165,994

AIDS

9,834,302 $ 5,043,740

Vaccines

7,843,045 $

0

Drug and Clinic Supplies

3,250,000 $ 2,493,380

Adolescent Health

6,571,120 $ 2,147,516

Public Health--Planning Councils

175,484 $

157,987

Early Intervention

12,904,447 $ 10,657,039

Public Health-Division Indirect Cost

0 $ (1,535,718)

Total 3.

$ 278,090,753 $ 148,307,416 Rehabilitation Services Budget: Personal Services ............................................ .$74,962,333 Regular Operating Expenses ................................... $11,551,402 Travel ........................................................ $1,388,307 Motor Vehicle Purchases .......................................... $50,582
Equipment ..................................................... $751,574 Real Estate Rentals ............................................ $4,117,555 Per Diem, Fees and Contracts ................................... $7,681,803 Computer Charges ............................................. $2,994,916 Telecommunications ............................................ $2,038,541 Case Services ................................................. $29,580,191 E.S.R.P. Case Services ................................................. $0 Special Purpose Contracts ........................................ $685,245 Purchase of Services Contracts ................................. $11,706,350 Institutional Repairs and Maintenance ............................ $205,000 Utilities ........................................................ $759,650 Postage ........................................................ $823,695 Total Funds Budgeted ....................................... .$149,297,144 Indirect DOAS Services Funding .................................. $100,000 State Funds Budgeted ......................................... $23,821,455

Departmental Functional Budgets Total Funds

State Funds

Vocational Rehabilitation Services

$ 59,070,285 $ 11,778,505

Independent Living

$

718,949 $

283,969

Sheltered Employment

$

516,005 $

516,005

Community Facilities

$ 10,345,560 $ 3,790,710

State Rehabilitation Facilities

$

0$

0

Diversified Industries of Georgia

$

0$

0

Program Direction and Support

$ 4,468,747 $ 1,357,405

Grants Management

$

694,540 $

694,540

Disability Adjudication

$ 35,885,412 $

0

Georgia Factory for Blind

$ 12,560,538 $

839,896

Roosevelt Warm Springs Institute

$ 25,037,108 $ 4,560,425

Total

$ 149,297,144 $ 23,821,455

4. Family and Children Services Budget:

Personal Services ............................................. $47,039,019

1510

JOURNAL OF THE SENATE

Regular Operating Expenses .................................... $4,724,925 Travel ........................................................ $1,244,278 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $383,289 Real Estate Rentals ............................................ $3,555,817 Per Diem, Fees and Contracts .................................. $22,978,002 Computer Charges ............................................ $29,602,552 Telecommunications ........................................... $10,316,881 Children's Trust Fund .......................................... $2,343,550 Cash Benefits................................................$371,492,647 Special Purpose Contracts....................................... $6,753,238 Service Benefits for Children ................................. .$218,915,408 Purchase of Service Contracts .................................. $26,298,492 Postage ....................................................... $2,774,088 Grants to County DFACS--Operations ........................ .$305,074,889 Total Funds Budgeted ...................................... $1,053,497,075 Indirect DOAS Services Funding ................................. $2,565,582

Departmental Functional Budgets Total Funds

Director's Office

$

556,137

Social Services

$ 4,150,843

Administrative Support

$ 4,571,991

Quality Assurance

$ 3,764,995

Community Services

$ 10,885,680

Field Management

$

995,711

Human Resources Management

$ 3,084,129

Public Assistance

$ 31,136,238

Employment Services

$ 1,431,149

Child Support Recovery

$ 69,694,426

Temporary Assistance f< Needy Families

$ 361,202,085

SSI--Supplemental Benefits

1,122,012

Refugee Programs

$ 2,799,420

Energy Benefits

$ 7,223,130

County DFACS Operation i--Eligibility

$ 115,303,494

County DFACS Operation i--Social Services

$ 94,344,364

Food Stamp Issuance

$ 3,190,752

County DFACS Operation >--Homemakers Services

$ 8,100,101

County DFACS Operation !--Joint and Administration

$ 65,680,890

County DFACS Operation i--Employability Program

$ 21,646,040

Employability Benefits

$ 40,532,515

Legal Services

$ 3,190,503

Family Foster Care

$ 31,595,512

Institutional Foster Care

$ 9,833,396

State Funds

$

556,137

$ 3,653,534

$ 4,123,810

$ 3,764,995

$

605,307

$

995,711

$ 2,078,338

$ 13,321,801

$ 1,431,149

$ 7,461,527

$ 119,085,713

$ 1,122,012

$

0

$

0

$ 56,908,659

$ 35,629,745

$

0

$ 2,199,267

$ 32,550,567

$ 8,072,596 $ 16,136,742 $ 2,420,990 $ 17,676,422 $ 6,239,845

TUESDAY MARCH 25, 1997

1511

Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach--Contracts Special Projects Children's Trust Fund Indirect Cost Total

5,146,142 17,461,167 11,544,785 117,320,622
0 3,645,296 2,343,550
0 1,053,497,075

4,248,383 13,379,408 7,408,642 38,486,937
0 2,549,089 2,343,550 (8,676,529) 395,774,347

5. Community Mental Health/Mental Retardation and Institutions: Personal Services ........................................... .$334,053,920 Operating Expenses .......................................... .$57,764,669 Motor Vehicle Equipment Purchases .............................. $200,000 Utilities...................................................... $11,707,133 Major Maintenance and Construction............................. $2,127,790 Community Services......................................... .$286,611,908 Total Funds Budgeted ....................................... .$692,465,420 Indirect DOAS Services Funding ................................. $2,404,100

Departmental Functional Budgets Total Funds

Southwestern State Hospital

$ 39,622,146

Brook Run

$ 22,524,432

Georgia Mental Health Institute

$ 24,624,835

Georgia Regional Hospital at Augusta

$ 20,553,631

Northwest Regional Hospital at Rome

$ 27,480,546

Georgia Regional Hospital at Atlanta

$ 29,548,290

Central State Hospital

$ 125,604,724

Georgia Regional Hospital at Savannah

$ 19,550,810

Gracewood State School and Hospital

$ 52,051,765

West Central Regional Hospital

$ 19,944,994

Outdoor Therapeutic Programs

$ 3,963,028

Metro Drug Abuse Centers

$

955,651

Community Mental Health Services

$ 135,893,401

Community Mental Retardation Services

$ 96,251,294

Community Substance Abuse Services

$ 58,126,801

State Administration

$ 11,061,874

Regional Administration

$ 4,707,198

Total

$ 692,465,420

Budget Unit Object Classes: Personal Services ....................... Regular Operating Expenses ............. Travel ................................. Motor Vehicle Purchases ................. Equipment ............................. Real Estate Rentals .....................

State Funds

$ 25,059,080

$ 5,686,318

$ 22,707,033

$ 18,666,739

$ 20,608,447

$ 24,993,299

$ 83,820,053

$ 17,869,489

$ 20,697,293

$ 17,158,755

$ 3,054,093

$

894,497

$ 129,877,561

$ 65,078,815

$ 32,529,121

$ 7,174,217

$ 4,065,967

$ 499,940,777

$558,052,245 $92,462,527 $4,772,738 $1,824,260 $1,417,928 $13.830.673

1512

JOURNAL OF THE SENATE

Per Diem, Fees and Contracts .................................. $41,165,394 Computer Charges ............................................ $35,416,597 Telecommunications ........................................... $14,307,781 Operating Expenses ........................................... $57,764,669 Major Maintenance and Construction............................. $2,127,790 Community Services......................................... .$286,611,908 Case Services ................................................. $29,580,191 Children's Trust Fund .......................................... $2,343,550 Cash Benefits................................................$371,492,647 Special Purpose Contracts....................................... $8,003,215 Service Benefits for Children ................................. .$265,401,797 Purchase of Service Contracts .................................. $88,877,836 Grant-in-Aid to Counties ...................................... $128,141,884 Institutional Repairs and Maintenance ............................ $328,714 Utilities..................................................... .$12,466,783 Postage .......................................................$4,620,230 Payments to DMA-Community Care ............................. $17,942,073 Grants to County DFACS - Operations ......................... $305,074,889 Medical Benefits ............................................... $4,347,222

Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism .......... .$19,740,901 Personal Services .............................................. $9,596,287 Regular Operating Expenses .................................... $1,503,726 Travel ......................................................... $387,465 Motor Vehicle Purchases .......................................... $16,200 Equipment ...................................................... $64,757 Computer Charges .............................................. $149,780 Real Estate Rentals ............................................. $850,559 Telecommunications ............................................. $335,700 Per Diem, Fees and Contracts ................................... $1,284,638 Local Welcome Center Contracts .................................. $191,600 Marketing..................................................... $5,536,189 Georgia Ports Authority Lease Rentals .................................. $0 Foreign Currency Reserve .............................................. $0 Waterway Development in Georgia ................................. $50,000 Lanier Regional Watershed Commission ................................. $0 Total Funds Budgeted ......................................... $19,966,901 State Funds Budgeted ......................................... $19,740,901

Departmental Functional Budgets Total Funds

Administration

$ 7,921,696

Economic Development

$ 3,645,451

Trade

$ 1,591,779

Tourism

$ 5,243,484

Georgia Legacy

$

964,204

Strategic Planning and Research

$

600,287

Total

$ 19,966,901

State Funds

$ 7,921,696

$ 3,645,451

$ 1,591,779

$ 5,017,484

$

964,204

$

600,287

$ 19,740,901

Section 18. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,419,048 Personal Services ............................................. $13,749,193 Regular Operating Expenses ..................................... $800,728 Travel ......................................................... $534,074

TUESDAY MARCH 25, 1997

1513

Motor Vehicle Purchases .......................................... $50,000 Equipment ..................................................... $113,558 Computer Charges .............................................. $199,213 Real Estate Rentals ............................................. $825,294 Telecommunications ............................................. $342,424 Per Diem, Fees and Contracts .................................... $211,219 Health Care Utilization Review ......................................... $0 Total Funds Budgeted ........................................ .$16,825,703 State Funds Budgeted ......................................... $15,419,048

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,153,012

Insurance Regulation

$ 6,273,322

Industrial Loans Regulation

$

548,178

Fire Safety and Mobile Home Regulations

$ 5,226,191

Special Insurance Fraud Fund

$

625,000

Total

$ 16,825,703

State Funds

$ 4,153,012

$ 6,273,322

$

548,178

$ 3,819,536

$

625,000

$ 15,419,048

Section 19. Department of Labor. Budget Unit: Department of Labor ................................ $10,514,020 Personal Services ............................................. $72,310,418 Regular Operating Expenses .................................... $6,213,740 Travel ........................................................ $1,305,910 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $457,047 Computer Charges ............................................. $3,058,815 Real Estate Rentals ............................................ $1,888,123 Telecommunications ............................................ $1,465,339 Per Diem, Fees and Contracts (JTPA) ........................... $60,500,000 Per Diem, Fees and Contracts ................................... $3,182,943 W.I.N. Grants ........................................................ $0 Payments to State Treasury ..................................... $1,774,079 Capital Outlay........................................................ $0 Total Funds Budgeted ....................................... .$152,156,414 State Funds Budgeted ........................................ .$10,514,020

Section 20. Department of Law. Budget Unit: Department of Law ................................. $12,636,615 Personal Services ............................................. $11,884,728 Regular Operating Expenses ..................................... $638,449 Travel ......................................................... $179,322 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $27,686 Computer Charges .............................................. $311,601 Real Estate Rentals ............................................. $856,234 Telecommunications ............................................. $140,424 Per Diem, Fees and Contracts ..................................... $60,000 Books for State Library .......................................... $147,000 Total Funds Budgeted ........................................ .$14,245,444 State Funds Budgeted ......................................... $12,636,615

Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services .............................. $1,164,025,138
Personal Services ............................................. $16,700,652

1514

JOURNAL OF THE SENATE

Regular Operating Expenses .................................... $5,314,019 Travel ......................................................... $188,400 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $51,500 Computer Charges ........................................... .$42,678,090 Real Estate Rentals ............................................. $765,380 Telecommunications ............................................. $475,000 Per Diem, Fees and Contracts ................................. $100,384,768 Medicaid Benefits, Penalties and Disallowances................ $3,206,081,088 Audit Contracts ................................................. $772,500 Total Funds Budgeted ...................................... $3,373,411,397 State Funds Budgeted ...................................... $1,164,025,138

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 1,704,185 $

852,092

Benefits, Penalties and Disallowances

$ 3,206,081,088 $ 1,119,084,068

System Management

$ 49,550,371 $ 10,979,284

Indemnity Chronic Care

$ 1,731,766 $

697,496

Maternal and Child Health

$ 1,794,740 $

804,531

Reimbursement Services

$ 9,045,035 $ 3,575,157

Indemnity Acute Care

$ 3,494,960 $ 1,484,009

Legal and Regulatory

$ 5,608,422 $ 2,804,211

Managed Care

$ 5,007,973 $ 2,394,612

General Administration

$ 89,392,857 $ 21,349,678

Total

$ 3,373,411,397 $ 1,164,025,138

B. Budget Unit: Indigent Trust Fund ............................ .$148,828,880 Per Diem, Fees and Contracts ................................... $8,200,000 Benefits .....................................................$368,962,635 Total Funds Budgeted ........................................ $377,162,635 State Funds Budgeted ....................................... .$148,828,880

Section 22. Merit System of Personnel Administration. Budget Unit: Merit System Of Personnel Administration .................... $0 Personal Services .............................................. $8,895,622 Regular Operating Expenses .................................... $2,490,055 Travel ......................................................... $111,100 Equipment ...................................................... $30,453 Real Estate Rents ............................................... $882,021 Per Diem, Fees and Contracts ................................ .$190,833,213 Computer Charges ............................................. $3,412,707 Telecommunications ............................................. $447,820 Health Insurance Payments .................................. .$890,662,994 Total Funds Budgeted ...................................... $1,097,765,985 Other Agency Funds............................................. $157,372 Agency Assessments........................................... $11,989,104 Employee and Employer Contributions ....................... $1,085,368,105 Deferred Compensation .......................................... $251,404 State Funds Budgeted ................................................. $0

TUESDAY MARCH 25, 1997

1515

Departmental Functional Budgets Total Funds

Executive Office

$ 2,823,025

Human Resource Administration

$ 4,996,369

Employee Benefits

$ 1,085,623,267

Internal Administration

$ 3,722,371

Personnel Practices Evaluation Audits

$

600,953

Total

$ 1,097,765,985

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ................. $92,374,095 Personal Services .............................................$73,040,600 Regular Operating Expenses ................................... $14,340,726 Travel ......................................................... $577,370 Motor Vehicle Purchases ........................................ $1,058,500 Equipment .................................................... $2,079,533 Real Estate Rentals ............................................ $2,378,593 Per Diem, Fees and Contracts ................................... $6,189,651 Computer Charges .............................................. $867,508 Telecommunications ............................................ $1,308,340 Authority Lease Rentals .......................................... $98,600 Advertising and Promotion ....................................... $575,000 Cost of Material for Resale ...................................... $2,857,663 Capital Outlay: New Construction ............................................... $878,810 Repairs and Maintenance ....................................... $3,088,000 Land Acquisition Support ........................................ $213,750 Wildlife Management Area Land Acquisition ....................... $737,330 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 .................................................... $1,000,000 Chattahoochee River Basin Grants ................................ 2,900,000 Contracts: Paralympic Games .................................................... $0 Technical Assistance Contract .......................................... $0 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia State Games Commission................................. $202,000 U.S. Geological Survey for Ground Water Resources ................. $300,000 U.S. Geological Survey for Topographic Mapping.......................... $0 Payments to Civil War Commission .................................. $31,000 Hazardous Waste Trust Fund ..................................... $7,380,472 Solid Waste Trust Fund .......................................... $6,792,756 Payments to Georgia Agricultural Exposition Authority............... $2,039,523 Payments to Mclntosh County ...................................... $100,000 Georgia Boxing Commission .......................................... $6,000 Total Funds Budgeted ......................................... .$134,444,522 Receipts from Jekyll Island State Park Authority ..................... $890,073 Receipts from Stone Mountain Memorial Association ................. $3,814,889 Receipts from Lake Lanier Islands Development Authority. .......... .$2,663,931

1516

JOURNAL OF THE SENATE

Receipts from North Georgia Mountain Authority .................... $1,426,635 Indirect DOAS Funding............................................ $200,000 State Funds Budgeted .......................................... .$92,374,095

Departmental Functional Budgets Total Funds

State Funds

Commissioner's Office

$ 4,752,999 $ 4,737,999

Program Support

$ 2,891,966 $ 2,891,966

Historic Preservation

$ 2,646,607 $ 2,156,607

Parks, Recreation and Historic Sites

$ 42,800,147 $ 16,393,042

Coastal Resources

$ 2,146,884 $ 2,022,166

Wildlife Resources

$ 33,098,099 $ 27,849,678

Environmental Protection

$ 45,099,730 $ 35,314,547

Pollution Prevention Assistance

$ 1,008,090 $ 1,008,090

Total

$ 134,444,522 $ 92,374,095

B. Budget Unit: Georgia Agricultural Exposition Authority ................... $0 Personal Services .............................................. $2,655,208 Regular Operating Expenses .................................... $1,993,200 Travel .......................................................... $25,000 Motor Vehicle Purchases .......................................... $30,000 Equipment ..................................................... $100,000 Computer Charges ............................................... $20,000 Real Estate Rentals ................................................... $0 Telecommunications .............................................. $50,000 Per Diem, Fees and Contracts .................................... $695,000 Capital Outlay........................................................ $0 Total Funds Budgeted .......................................... $5,568,408 State Funds Budgeted ................................................. $0

Departmental Functional Budgets Total Funds

Georgia Agricultural Exposition Authority

$ 5,568,408

State Funds

$

0

Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety ....................... $97,200,390
1. Operations Budget: Personal Services ............................................ .$59,549,008 Regular Operating Expenses .................................... $8,205,646 Travel ......................................................... $104,095 Motor Vehicle Purchases ........................................ $2,100,000 Equipment ..................................................... $288,460 Computer Charges ............................................. $3,501,067 Real Estate Rentals .............................................. $28,962 Telecommunications ............................................ $1,944,147 Per Diem, Fees And Contracts ................................... $1,194,000 State Patrol Posts Repairs and Maintenance ....................... $145,100 Capital Outlay........................................................ $0 Conviction Reports .................................................... $0 Total Funds Budgeted ......................................... $77,060,485 Indirect DOAS Service Funding.................................. $1,650,000 State Funds Budgeted ......................................... $75,410,485
2. Driver Services Budget: Personal Services ............................................ .$17,726,796

TUESDAY MARCH 25, 1997

1517

Regular Operating Expenses .................................... $1,110,763 Travel .......................................................... $54,381 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $47,643 Computer Charges .................................................... $0 Real Estate Rentals .............................................. $47,262 Telecommunications ............................................. $270,000 Per Diem, Fees and Contracts .................................... $271,500 Capital Outlay........................................................ $0 Conviction Reports .............................................. $303,651 State Patrol Posts Repairs and Maintenance ........................ $34,900 Driver License Processing ....................................... $1,923,009 Total Funds Budgeted ......................................... $21,789,905 Indirect DOAS Service Funding......................................... $0 State Funds Budgeted ........................................ .$21,789,905

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 19,068,583 $ 17,568,583

Driver Services

$ 21,789,905 $ 21,789,905

Field Operations Total

$ 57,991,902 $ 57,841,902 $ 98,850,390 $ 97,200,390

B. Budget Unit: Units Attached for Administrative Purposes Only...........................................................$13,972,007 Attached Units Budget: Personal Services .............................................. $7,930,678 Regular Operating Expenses .................................... $2,601,484 Travel .......................................................... $99,663 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $219,153 Computer Charges .............................................. $143,819 Real Estate Rentals ............................................. $156,997 Telecommunications ............................................. $179,113 Per Diem, Fees and Contracts .................................... $553,890 Highway Safety Grants ......................................... $2,425,200 Peace Officers Training Grants .................................. $3,536,527 Total Funds Budgeted ......................................... $17,846,524 State Funds Budgeted ........................................ .$13,972,007

Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,040,299

Georgia Peace Officers Standards and Training $ 1,388,880

Police Academy

$ 1,201,957

Fire Academy

$ 1,108,139

Georgia Firefighters Standards and Training Council

$

505,879

Georgia Public Safety Training Facility

$ 10,601,370

Total

$ 17,846,524

State Funds

$

315,782

$ 1,388,880

$ 1,111,957

$

998,139

$

505,879

$ 9,651,370

$ 13,972,007

Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System.......... .$15,110,000 Payments to Employees' Retirement System....................... $1,472,500

1518

JOURNAL OF THE SENATE

Employer Contributions........................................ $13,637,500 Total Funds Budgeted ......................................... $15,110,000 State Funds Budgeted ......................................... $15,110,000

Section 26. Public Service Commission. Budget Unit: Public Service Commission ............................ $8,182,453 Personal Services .............................................. $7,201,904 Regular Operating Expenses ..................................... $657,063 Travel ......................................................... $293,318 Motor Vehicle Purchases ......................................... $187,500 Equipment ...................................................... $74,946 Computer Charges .............................................. $413,307 Real Estate Rentals ............................................. $330,108 Telecommunications ............................................. $160,234 Per Diem, Fees and Contracts ................................... $1,266,590 Total Funds Budgeted ........................................ .$10,584,970 State Funds Budgeted .......................................... $8,182,453

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 2,056,781 $ 3,660,177 $ 4,868,012 $ 10,584,970

State Funds $ 2,056,781 $ 1,487,052 $ 4,638,620 $ 8,182,453

Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction............................ $1,195,890,458
Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,267,200,618 Sponsored Operations ....................................... .$204,900,000
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$329,530,456 Sponsored Operations ....................................... .$146,225,000 Special Funding Initiative...................................... $25,929,932 Office of Minority Business Enterprise ............................ $1,211,649 Student Education Enrichment Program ........................... $340,676 Forestry Research ............................................... $713,927 Research Consortium ........................................... $6,085,000 Capital Outlay .................................................. $359,000 Total Funds Budgeted ...................................... $1,982,496,258 Departmental Income.......................................... $42,000,000 Sponsored Income ............................................ $351,125,000 Other Funds.................................................$390,441,300 Indirect DOAS Services Funding ................................. $3,039,500 State Funds Budgeted ...................................... $1,195,890,458
B. Budget Unit: Regents Central Office and Other Organized Activities. .................................................... .$172,715,878
Personal Services: Educ., Gen., and Dept. Svcs .................................. .$264,005,499 Sponsored Operations ........................................ .$70,533,799
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$126,688,774 Sponsored Operations ......................................... $42,274,927 Fire Ant and Environmental Toxicology Research ......................... $0 Agricultural Research .......................................... $2,396,860

TUESDAY MARCH 25, 1997

1519

Advanced Technology Development Center/Economic Development Institute ....................................... $13,914,056
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 ............................. $3,010,215 SREB Payments ............................................... $4,653,750 Medical Scholarships ........................................... $1,356,661 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000
Rental Payments to Georgia Military College ...................... $1,273,869 CRT Inc. Contract at Georgia Tech Research Institute ............... $193,815
Direct Payments to the Georgia Public Telecommunications
Commission for Operations ................................... $15,412,786 Total Funds Budgeted ........................................ $565,513,883 Departmental Income.................................................. $0 Sponsored Income ........................................... .$121,662,552 Other Funds................................................ .$270,591,953 Indirect DOAS Services Funding .................................. $543,500 State Funds Budgeted ....................................... .$172,715,878

Regents Central Office and Other Organized Activities Total Funds

State Funds

Marine Resources Extension Center

2,228,796

1,406,713

Skidaway Institute of Oceanography

4,699,154

1,522,533

Marine Institute

1,530,184

968,184

Georgia Tech Research Institute

$ 106,122,181

8,883,098

Advanced Technology Development Center/ Economic Development Institute

13,914,056

6,846,134

Agricultural Experiment Station

66,374,746

37,554,093

Cooperative Extension Service

53,727,624

30,652,404

Medical College of Georgia Hospital and Clinics

252,373,155

31,468,213

Veterinary Medicine Experiment Station

2,867,909

2,867,909

Veterinary Medicine Teaching Hospital

5,027,371

526,371

Joint Board of Family Practice

24,578,985

24,578,985

Georgia Radiation Therapy Center

3,172,696

0

Athens and Tifton Veterinary Laboratories

3,353,970

0

Regents Central Office

25,543,056

25,441,241

Total

565,513,883

172,715,878

C. Budget Unit: Georgia Public Telecommunications Commission ............................................................ $0 Personal Services ..............................................$9,581,916 Operating Expenses ........................................... $18,233,490 Total Funds Budgeted ......................................... $27,815,406 Other Funds..................................................$27,815,406 State Funds Budgeted ................................................. $0
D. Budget Unit: Lottery for Education ............................. $34,174,422 Equipment, Technology and Construction Trust Fund ............ .$15,000,000

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Georgia Public Telecommunications Commission ................... $1,500,000 Internet Connection Initiative ................................... $6,454,422 Special Funding Initiatives ..................................... $10,100,000 Fernbank Distance Learning Center.............................. $1,120,000 Total Funds Budgeted ......................................... $34,174,422 Lottery Funds Budgeted ....................................... $34,174,422

Section 28. Department of Revenue. Budget Unit: Department of Revenue.............................. $90,852,423 Personal Services ............................................. $58,397,964 Regular Operating Expenses .................................... $5,438,372 Travel ........................................................ $1,366,540 Motor Vehicle Purchases ......................................... $120,000 Equipment ..................................................... $410,048 Computer Charges ............................................. $9,157,440 Real Estate Rentals ............................................ $2,886,194 Telecommunications ............................................ $2,711,370 Per Diem, Fees and Contracts ................................... $1,033,237 County Tax Officials/Retirement and FICA ........................ $3,422,795 Grants to Counties/Appraisal Staff ...................................... $0 Motor Vehicle Tags and Decals .................................. $2,404,350 Postage ....................................................... $3,506,810 Investment for Modernization ................................... $5,182,668 Total Funds Budgeted ......................................... $96,037,788 Indirect DOAS Services Funding ................................. $3,845,000 State Funds Budgeted ......................................... $90,852,423

Departmental Functional Budgets Total Funds

Departmental Administration

$ 7,021,823

Internal Administration

$ 11,113,501

Information Systems

$ 13,689,271

Field Services

$ 16,165,129

Income Tax Unit

$ 8,069,275

Motor Vehicle Unit

$ 17,006,114

Central Audit Unit

$ 7,973,678

Property Tax Unit

$ 4,437,917

Sales Tax Unit

$ 3,937,111

State Board of Equalization

$

23,103

Taxpayer Accounting

$ 4,089,687

Alcohol and Tobacco

$ 2,511,179

Total

$ 96,037,788

State Funds

$ 7,021,823

$ 10,963,501

$ 12,674,071

$ 16,025,129

$ 7,769,275

$ 15,706,114

$ 7,973,678

$ 2,897,552

$ 3,837,111

$

23,103

$ 3,449,887

$ 2,511,179

$ 90,852,423

Section 29. Secretary of State. A. Budget Unit: Secretary of State ............................... $28,261,302 Personal Services ............................................. $17,500,952 Regular Operating Expenses .................................... $3,106,655 Travel ......................................................... $239,500 Motor Vehicle Purchases ......................................... $135,019 Equipment ...................................................... $89,990 Computer Charges ............................................. $2,774,487 Real Estate Rentals ............................................ $2,402,255 Telecommunications ............................................. $845,850 Per Diem, Fees and Contracts ................................... $1,726,594

TUESDAY MARCH 25, 1997

1521

Election Expenses ............................................... $485,000 Total Funds Budgeted ......................................... $29,306,302 State Funds Budgeted ......................................... $28,261,302

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,793,523 $ 3,763,523

Archives and Records Business Services and Regulation

$ 4,690,996 $ 4,615,996 $ 4,460,200 $ 3,690,200

Elections and Campaign Disclosure

$ 4,417,536 $ 4,397,536

Drugs and Narcotics State Ethics Commission State Examining Boards

$ 1,171,683 $ 1,171,683

$

379,131 $

379,131

$ 10,295,184 $ 10,145,184

Holocaust Commission

$

98,049 $

98,049

Total

$ 29,306,302 $ 28,261,302

B. Budget Unit: Real Estate Commission

$2,191,168

Personal Services .............................................. $1,300,588

Regular Operating Expenses ..................................... $167,500

Travel .......................................................... $15,000

Motor Vehicle Purchases .......................................... $25,000

Equipment ....................................................... $9,630

Computer Charges .............................................. $333,150

Real Estate Rentals ............................................. $165,300

Telecommunications .............................................. $42,000

Per Diem, Fees and Contracts .................................... $133,000

Total Funds Budgeted .......................................... $2,191,168

State Funds Budgeted .......................................... $2,191,168

Departmental Functional Budgets State Funds

Cost of Operations

Real Estate Commission

$ 2,191,168 $ 2,231,168

Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission............... $2,096,320 Personal Services ..............................................$1,249,708 Regular Operating Expenses ..................................... $246,950 Travel .......................................................... $38,868 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $11,094 Computer Charges ............................................... $41,576 Real Estate Rentals .............................................. $93,143 Telecommunications .............................................. $41,276 Per Diem, Fees and Contracts .................................... $549,905 County Conservation Grants ..................................... $186,500 Total Funds Budgeted .......................................... $2,459,020 State Funds Budgeted .......................................... $2,096,320

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission....................... $34,930,076
Personal Services ............................................... $430,911 Regular Operating Expenses ...................................... $20,000 Travel .......................................................... $16,000 Motor Vehicle Purchases ............................................... $0

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Equipment ....................................................... $3,100 Computer Charges ............................................... $13,822 Real Estate Rentals .............................................. $40,000 Telecommunications .............................................. $12,000 Per Diem, Fees and Contracts ..................................... $50,000 Payment of Interest and Fees .......................................... $0 Guaranteed Educational Loans .................................. $4,739,075 Tuition Equalization Grants .................................... $27,051,920 Student Incentive Grants ....................................... $1,221,380 Law Enforcement Personnel Dependents' Grants..................... $86,000 North Georgia College ROTC Grants .............................. $337,500 Osteopathic Medical Loans ....................................... $100,000 Georgia Military Scholarship Grants .............................. $808,368 Paul Douglas Teacher Scholarship Loans ................................ $0 Total Funds Budgeted ........................................ .$34,930,076 State Funds Budgeted ......................................... $34,930,076

Departmental Functional Budgets Total Funds

Georgia Student Finance Authority

$ 34,344,243

Georgia Nonpublic Postsecondary Education Commission

$

585,833

Total

$ 34,930,076

State Funds $ 34,344,243

$

585,833

$ 34,930,076

B. Budget Unit: Lottery for Education............................ .$174,678,127 Hope Financial Aid--Tuition ................................... $85,679,048 Hope Financial Aid--Books .................................... $22,697,638 Hope Financial Aid--Fees...................................... $16,609,500 Hope Scholarships--Private Colleges ........................... .$35,786,725 Georgia Military College Scholarship .............................. $755,480 LEPD Scholarship............................................... $249,736 Teacher Scholarships .......................................... $10,000,000 Promise Scholarships ........................................... $2,000,000 Engineer Scholarships ........................................... $900,000 Total Funds Budgeted ........................................ $174,678,127 Lottery Funds Budgeted ...................................... $174,678,127

Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.......................... $4,070,000 Personal Services .............................................. $4,872,587 Regular Operating Expenses ..................................... $373,900 Travel .......................................................... $20,500 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $5,700 Computer Charges .............................................. $815,736 Real Estate Rentals ............................................. $475,958 Telecommunications ............................................. $140,302 Per Diem, Fees and Contracts .................................... $308,000 Retirement System Members .................................... $3,750,000 Floor Fund for Local Retirement Systems .......................... $320,000 Total Funds Budgeted ......................................... $11,082,683 State Funds Budgeted .......................................... $4,070,000

Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ...... $214,165,883
Personal Services .............................................. $5,458,107 Regular Operating Expenses ..................................... $611,890

TUESDAY MARCH 25, 1997

1523

Travel ......................................................... $161,380 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $187,271 Real Estate Rentals ............................................. $653,288 Per Diem, Fees and Contracts .................................... $749,575 Computer Charges .............................................. $912,165 Telecommunications ............................................. $129,033 Salaries and Travel of Public Librarians ......................... $13,931,580 Public Library Materials ........................................ $5,898,788 Talking Book Centers........................................... $1,062,342 Public Library Maintenance and Operation. .......................$5,689,075 Capital Outlay.................................................. $156,000 Personal Services--Institutions ............................... .$144,165,736 Operating Expenses--Institutions ............................... $44,440,197 Area School Program .......................................... $20,864,247 Adult Literacy Grants ......................................... $18,561,177 Regents Program............................................... $3,268,421 Quick Start Program ........................................... $8,243,319 Total Funds Budgeted ....................................... .$275,143,591 State Funds Budgeted ....................................... .$214,165,883

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 8,862,709 $ 5,764,059

Institutional Programs

$ 266,280,882 $ 208,401,824

Total

$ 275,143,591 $ 214,165,883

B. Budget Unit: Lottery for Education............................... $5,541,500 Computer Laboratories and Satellite Dishes-Adult Literacy ....... .$1,140,000 Capital Outlay--Technical Institute Satellite Facilities .................... $0 Equipment-Technical Institutes .................................. $4,401,500 Repairs and Renovations--Technical Institutes ........................... $0 Total Funds Budgeted .......................................... $5,541,500 Lottery Funds Budgeted ........................................ $5,541,500

Section 34. Department of Transportation. Budget Unit: Department of Transportation ...................... .$542,477,531 Personal Services ............................................ $252,085,646 Regular Operating Expenses ................................... $58,974,281 Travel ........................................................$1,894,091 Motor Vehicle Purchases ........................................ $2,000,000 Equipment .................................................... $7,011,553 Computer Charges ............................................. $8,399,287 Real Estate Rentals ............................................ $1,341,373 Telecommunications ............................................ $2,769,833 Per Diem, Fees and Contracts .................................. $38,699,367 Capital Outlay.............................................. .$778,307,662 Capital Outlay--Airport Approach Aid and Operational Improvements .............................................. . $1,001,874 Capital Outlay--Airport Development ............................ $1,239,992 Mass Transit Grants .......................................... $10,942,422 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ............................................... $780,000 Contracts with the Georgia Rail Passenger Authority................ $250,000 Total Funds Budgeted ...................................... $1,165,697,381 State Funds Budgeted ........................................ $542,477,531

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Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 866,001,883

Maintenance and Betterments

$ 239,740,628

Facilities and Equipment

$ 12,932,803

Administration

$ 29,093,905

Total

$ 1,147,769,219

General Funds Budget

Planning and Construction

$

0

Air Transportation

$ 1,845,307

Inter-Modal Transfer Facilities

$ 15,302,855

Harbor/Intra-Coastal Waterways Activities

$

780,000

Total

$ 17,928,162

State Funds $ 267,000,324 $ 227,316,643 $ 12,372,803 $ 28,310,230 $ 535,000,000

$

0

$ 1,433,307

$ 5,264,224

$

780,000

$ 7,477,531

Section 35. Department of Veterans Service. Budget Unit: Department Of Veterans Service...................... $19,401,707 Personal Services .............................................. $5,005,743 Regular Operating Expenses ..................................... $180,263 Travel .......................................................... $92,245 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $201,495 Computer Charges ............................................... $20,400 Real Estate Rentals ............................................. $248,700 Telecommunications .............................................. $67,500 Per Diem Fees and Contracts ................................... $14,158,810 Operating Expense/Payments to Medical College of Georgia ........ $7,177,787 Regular Operating Expenses for Projects and Insurance ............. $498,100 Total Funds Budgeted ......................................... $27,651,043 State Funds Budgeted ......................................... $19,401,707

Departmental Functional Budgets Total Funds

Veterans Assistance

$ 20,422,256

Veterans Nursing Home-Augusta

$ 7,228,787

Total

$ 27,651,043

State Funds $ 14,711,312 $ 4,690,395 $ 19,401,707

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board........................ $10,621,869 Personal Services .............................................. $8,530,381 Regular Operating Expenses ..................................... $407,287 Travel ......................................................... $111,345 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $5,160 Computer Charges .............................................. $315,919 Real Estate Rentals ............................................ $1,079,835 Telecommunications ............................................. $166,902 Per Diem, Fees and Contracts .................................... $195,040 Payments to State Treasury ............................................ $0 Total Funds Budgeted ........................................ .$10,811,869 State Funds Budgeted ........................................ .$10,621,869

TUESDAY MARCH 25, 1997

1525

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)................................. .$350,526,935 Motor Fuel Tax Funds (Issued) ................................. $35,000,000 $385,526,935

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ..................................... $9,550,645 Motor Fuel Tax Funds (New) ........................................... $0 $9,550,645

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 purposes 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 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
Effingham County Board of Education
Effingham County

Purpose
Media Centers for Effingham County School System
Playground Equipment for Meldrim Recreational Park

Amount $40,000 $5,000

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Cobb County
Cobb County
Cobb County
City of Lilburn City of Jeffersonville Jones County Jefferson County DeKalb County
Fulton County
City of Quitman Echols County Board of Education City of Kennesaw City of Pearson
City of Willacoochee City of Clarkston DeKalb County DeKalb County Tattnall County Board of Education
Pike County Newton County Fulton County DeKalb County
DeKalb County Murray County
Columbia County McDuffie County Henry County Fulton County
DeKalb County
Gwinnett County
Troup County
Heard County
Coweta County
City of Tignall Fulton County
Hall County Cobb County Board of Education Bacon County City of Commerce City of Tybee

Campbell High School Athletic Department Facility
Computer Equipment for King Springs Elementary
Operation Funds for the Blind - Low Vision Program
Improvements for City Park Improvements to City Facilities Equipment for Fire Department Computers for Sheriffs Department Operation Funds for Information
Center at John B. Gordon School Operation Funds for St. Judes
Recovery Center Improvements for City Park High School Gymnasium Repairs Improvements to Baseball Stadium Improvements to Recreation
Department Improvements to City Hall Repairs to City Hall Crime Prevention Conference Georgia Women's History Study Operation of Health Outreach
Program Construction of Tennis Courts Purchase Recreation Equipment Operation of Horticulture Program Operation of South DeKalb Business
Incubator Operation of South DeKalb Choir Construction of Murray County
Animal Shelter Operation of Historical Society Operation of Historical Society Paving for Hidden Valley Park Computer Equipment and Materials
for the Roswell Regional Library Operation of the Youth Prevention
Program Construction of Fallen Heros Park
Monument Operation of Troup-Harris-Coweta
Regional Library Parking Lot for Senior Citizens
Center Playground Equipment for
Handicapped Children Equipment for Fire Department Operation of Fulton County Library
Foundation - Roswell Operation of Humane Society Outdoor Classroom Operation of Bacon County Airport Equipment for North Georgia EMS Tybee Island Lighthouse

$5,000
$15,000
$5,000 $10,000 $20,000 $20,000 $20,000
$20,000
$25,000 $30,000 $20,000 $40,000
$7,500 $7,500 $10,000 $3,000 $25,000
$10,000 $25,000
$5,000 $10,000
$10,000 $5,000
$15,000 $7,500 $7,500 $5,000

TUESDAY MARCH 25, 1997

1527

City of Pelham City of Atlanta
City of Warner Robins
City of Alapaha Athens/Clarke County Gwinnett County Board of Education
Richmond County
City of Kennesaw
Cobb County Board of Education
Butts County
City of Euharlee Taliferro County
DeKalb County
Tattnall County Board of Education
City of Leslie Sumter County Board of Education City of Ideal City of Woodland
City of Lavonia Pulaski County City of Tybee Island City of Senoia Grady County Board of
Commissioners Gwinnett County Board of Education
City of Mt. Zion Clayton County Board of Education DeKalb County Board of Education
City of Georgetown Bartow County
Bartow County
Twiggs County

Repairs to Water System Operation of Public Access and
Teacher Preparation Programs at Clark Atlanta University
Operating Expenses for the Aviation Museum
Little League Equipment Operation of Safe Campus Now
Handicapped Access for Meadowcreek High School
Operation of Golden Harvest Food Bank
Stadium Seating at Kennesaw State University
Lighting for Harrison High School Baseball Field
Purchase Video Cameras for Sheriffs Patrol Cars
Purchase Jaws of Life
Historic Preservation of Locust Grove Cementary
Operation of South DeKalb Community Development Corporation
Purchase Materials for Vocational Agriculture and Educational Facility
Improvements to City Hall Purchase Band Uniforms Equipment for Fire Department
Purchase Property for Recreational Facilities
Construction of Recreation Field
Operation of Pulaski County Renovation of Tybee Lighthouse Purchase Septic Pumper Truck Operation of Spence Volunteer Fire
Department Purchase Stadium Benches and
Dressing Area for Collins Hill High School Purchase Property Operate Project Decision Operation of DeKalb Historical Society Improvements to Sewer System Equipment for Folsom Volunteer Fire Department Equipment for Pine Log Volunteer Fire Department Equipment for Twiggs County Volunteer Fire Department

$58,000
$134,000
$440,000 $5,000 $40,000
$25,000
$20,000
$10,000
$10,000
$20,000 $9,500
$30,000
$5,000
$15,000 $8,500 $10,000 $10,000
$11,000 $25,000 $25,000 $100,000 $10,000
$10,000
$20,000 $20,000 $30,000
$15,000 $25,000
$10,000
$10,000
$5,000

Section 41. Provisions Relative to Section 11, State Board of Education Department of Education.

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The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,925.22. 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 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 43. 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.

Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness.

Section 44. Provisions Relative to Section 22, Merit System of Personnel Administration.

TUESDAY MARCH 25, 1997

1529

The Department is authorized to assess no more than $137.00 per 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 1998 shall not exceed 12.5%.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1998 shall not exceed 8.66%.
Section 45. 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 provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems.
Section 46. 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 47. Provisions Relative to Section 34, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation paya ble in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
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.

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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 48.
In addition to all other appropriations for the State fiscal year ending June 30, 1998, 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 49.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.

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Section 51.
In addition to all other appropriations, there is hereby appropriated as needed, a spe cific sum of money equal to each refund authorized by law, which is required to make re fund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 53.
In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 54.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1997 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget.
(b.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.)(3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 55.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such

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term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.

Section 56.

There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expendi ture unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 57. Provisions Relative to Section 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 principle amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

Principal Debt Amount Service

A.) Maturities not to exceed two hundred forty months.

Remediation, removal and replacement of underground storage tanks

$5,000,000 $462,500

Acquisition of land under the River Care 2000 Program

10,000,000 925,000

Capital improvements at Jekyll Island's Historic District

1,725,000 159,563

Renovation of various YDCs and RYDCs

2,015,000 186,388

Construction of a 25-bed housing unit at Macon YDC

1,580,000 146,150

Environmental projects at various prisons

1,725,000 159,563

Continue the renovation of #2 Peachtree Building (includes renovation of Peachtree Annex)

20,000,000 1,850,000

Four lane program

15,000,000 1,387,500

Renovation of facilities at South Georgia Technical Institute

2,400,000 222,000

Planning and design of a classroom building for Augusta State University

1,280,000 118,400

Tybee beach restoration

400,000 37,000

Library for the city of Argon ($50,000) and library expansion projects in Chatham and Effingham Counties ($400,000)

450,000 41,625

Moultrie Technical Institute/Tift County Center expansion

1,200,000 111,000

Renovation of buildings at North Technical Institute

3,600,000 333,000

Renovation of Building D at Albany Tech

1,200,000 111,000

Environmental impact study at the Ports Authority ($600,000) and engineering design for harbor deepening ($4,000,000)

4,600,000 425,500

B.) Maturities not to exceed sixty months.

Repair of 125 feet of bulkhead near the Meridian Dock residence

125,000

29,250

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Purchase of equipment for the Governor's Traditional Industries research projects

2,175,000 508,950

Design of a 196-bed forensic facility at Central State Hospital

605,000 141,570

Design of a therapy area for Roosevelt Warm Springs Institute for Rehabilitation

50,000

11,700

Equipment for new and modified vocational high school laboratories

9,329,000 2,182,986

Section 58. Salary Adjustments.

In addition to all other appropriations, there is hereby appropriated $327,645,136 for the following purposes: 1.) For employees of the Executive Branch, a 0% to 7% cost of living increase in conformance with the Georgia Gain pay for performance system. 2.) For Judi cial and Legislative branch employees, a 4% cost of living increase for employees receiving at least "satisfactory" or "meets expectations" on annual performance appraisal. 3.) State officials (excluding members of the General Assembly) whose salary is set by law, a 4% cost of living increase. 4.) For members of the General Assembly, $55,353 is included for a salary adjustment. 4.) For teachers, a 6% increase in base salary on the state's teacher salary schedule for the State Board of Education effective September 1, 1997. 5.) For bus drivers and lunchroom workers, a 4% cost of living increase effective July 1, 1997. 6.) For teachers with the Department of Technical and Adult Education, a 6% cost of living in crease effective September 1, 1997. 7.) For incumbents in the Correctional Officer job class series working in high security level institutions, a 5% salary increase (increase is in addi tion to any pay for any salary adjustment received under provision #1). 8.) For administra tive law judges in the Office of State Administrative Hearings, a supplemental salary adjustment, effective October 1, 1997 (adjustment is in addition to any pay for any salary adjustment received under provisions #1.) 9.) For Peace Officer Standards Training certi fied personnel in the Youth Development Worker and Facilities Police job class series within the Department of Children and Youth Services, a supplemental salary adjustment and an additional 5% salary increase (adjustments are in addition to any pay for any salary adjustment received under provision #1). 10.) For Board of Regents, University System of Georgia faculty and support personnel, a 6% funding level for merit increases to be awarded on July 1, 1997 for non-academic personnel and on September 1, 1997 for aca demic personnel.

Section 59. Merit System Assessment.

In addition to all other appropriations, there is hereby appropriated $236,440 for merit system position assessment for basic services to employees of the Judicial and Legislative branches of government, including the Department of Audits.

Section 60. TOTAL STATE FUND APPROPRIATIONS. State Fiscal Year 1998...................................... 11,777,578,880

Section 61.

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

Section 62.

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

Senator Perdue of the 18th assumed the Chair.

Senator Tysinger of the 41st District moved to amend the committee substitute to H.B. 204 by removing from the Department of Student Finance Section 31 relating to State Fiscal Year 1998 the figure $900,000 and by decreasing the object classes as listed below:

Object Classes Engineering Scholarships Total Funds Lottery Funds

$ (900,000) $ (900,000) $ (900,000)

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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:

Burton Cagle Egan

Guhl Lamutt Price of 56th

Thomas of 10th Tysinger

Those voting in the negative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour

Griffin Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Oliver Price of 28th

Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Walker

Those not voting were Senators:

Brush James

Middleton Perdue (presiding)

On the adoption of the amendment, the yeas were 8, nays 44, and the Tysinger amend ment #1 to the committee substitute was lost.

Senator Tysinger of the 41st District moved to amend the committee substitute to H.B. 204 by (adding to) state funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 1998 the figure $7,054,200, and by increasing the object classes as listed below:

Object Classes Personal Services Total Funds State Funds

$ 7,054,200 $ 7,054,200 $ 7,054,200

Senator Tysinger of the 41st District moved to amend the committee substitute to H.B. 204 by (removing from) state funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 1998 the figure $7,054,200, and by (decreasing) the object classes as listed below:

Object Classes Community Services Total Funds State Funds

$ (7,054,200) $ (7,054,200) $ (7,054,200)

On the adoption of the amendment, the yeas were 6, nays 32, and the Tysinger amend ment #2 to the committee substitute was lost.
Senator Lamutt of the 21st District moved to amend the committee substitute to H.B. 204 by deleting to State funds for the Department of Education, Section 11, Unit A, relat ing to State Fiscal Year 1998 the figure $296,051,251 and by increasing the object classes as listed below:

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1535

Object Classes High School Laboratories Vocational Laboratories Total Funds Other Funds State Funds

$ (179,022,113) $ (117,029,138) $ (296,051,251)
$ (296,051,251)

Purpose: To eliminate funding of all High School Labs, Vocational Labs, and extended day in grades 9-12

Senator Lamutt of the 21st District moved to amend the committee substitute to H.B. 204 by adding to State funds for the Department of Education, Section 11, Unit A, relating to State Fiscal Year 1998 the figure $296,051,251 and by increasing the object classes as listed below:

Object Classes Grades 9-12
Total Funds Other Funds State Funds

$ 296,051,251 $ 296,051,251
$ 296,051,251

Purpose: To decrease funding formula in grades 9-12 from 23 to 20
On the adoption of the amendment, the yeas were 3, nays 40, and the Lamutt amend ment to the committee substitute was lost.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed.
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 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 Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Glanton

Gochenour Price of 56th

Tysinger

Those not voting were Senators:

Abernathy

James

Perdue (presiding)

On the passage of the bill, the yeas were 48, nays 5.

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The bill, having received the requisite constitutional majority, was passed by substitute.
At 12:40 p.m., Senator Perdue of the 18th, President Pro Tempore, 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 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.
Senate Sponsor: Senator Middleton of the 50th.
The Senate Health and Human Services Committee offered the following substitute to HB 600:
A BILL
To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, 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 acquiring entities; to provide for definitions; to provide for duties and powers of the Attorney General; to require that certain members of the governing board and the chief executive officer of a nonprofit corporation that proposes to dispose of hospital assets, and certain other members of the governing board and chief executive officers of such nonprofit corporations, file certifications regarding the transaction; to provide for notices of the trans action and forms, fees, and publication relating thereto; to provide for public hearings re garding the transaction; to provide for testimony of and disclosures by experts and consultants; to provide for testimony by parties to the transaction; to provide for the pur pose of the hearings and for disclosures and procedures relating thereto; to provide for enforcement of compliance and for fines and proceedings relating thereto; to prohibit the issuance or renewal of hospital permits and provide for their revocation and suspension; to provide for applicability; to provide that certain violative transactions are void; to provide that certain transfers of hospital assets owned or operated by a hospital authority, when transferred to certain acquiring entities, are subject to the same requirements as transfers of hospital assets of nonprofit corporations; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospitals and other health care facilities, is amended by adding at the end thereof the following:
"ARTICLE 15
31-7-400.
As used in this article the term:
(1) 'Acquiring entity' means an individual, business corporation, general partnership, limited partnership, limited liability company, limited liability partnership, joint ven ture, nonprofit corporation, hospital authority, or any other for profit or not for profit entity which is a purchaser or lessee of an acquisition.

TUESDAY MARCH 25, 1997

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(2) 'Acquisition' means a purchase or lease by an acquiring entity of the assets of a hospi tal which is owned, controlled, or operated by a nonprofit corporation and which meets one or more of the following conditions:
(A) Constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or
(B) Constitutes a purchase or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter;
provided, however, that an acquisition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of busi ness is located outside such county.
(3) 'Attorney General' means the Attorney General of the State of Georgia or some other attorney employed in the Attorney General's office and designated to perform the func tions required by this article.
(4) 'Control' or 'controlling interest' means ownership of 50 percent or more of the assets of the entity in question or the ability to influence significantly the operations or deci sions of the entity in question.
(5) 'Disposition' means a sale or lease of the assets of a hospital which is owned, con trolled, or operated by a nonprofit corporation to an acquiring entity which meets one or more of the following conditions:
(A) Constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or
(B) Constitutes a sale or lease which, when combined with one or more transfers be tween the same or related parties occurring within a five-year period, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter;
provided, however, that a disposition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of busi ness is located outside such county.
(6) 'Family' means a spouse, child, or sibling.
(7) 'Financial interest' means the direct or indirect ownership of any assets or stock of any business.
(8) 'Hospital' means any institution classified and having a permit as a hospital from the department pursuant to this chapter and the department's rules and regulations.
(9) 'Related party' means an individual, business corporation, general partnership, lim ited partnership, limited liability company, limited liability partnership, joint venture, nonprofit corporation, or any other for profit or not for profit entity that owns or controls, is owned or controlled by, or operates under common ownership or control with a party in question.
(10) 'Transaction' means an acquisition and deposition.
31-7-401.
No acquiring entity shall engage in an acquisition without first notifying the Attorney General pursuant to this article. No nonprofit corporation which owns, controls, or oper ates, directly or indirectly, a hospital having a permit under this chapter shall engage in

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a diposition without first notifying the Attorney General pursuant to this article. The parties to the transaction shall provide the Attorney General with at least 90 days' notice of the proposed transaction prior to its consummation.
31-7-402.
(a) Notice to the Attorney General required by this article shall include the name of the seller or lessor; the name of the acquiring entity and other parties to the acquisition; the county in which the main campus of the hospital is located; the terms of the proposed agreement and any related agreements including leases, management contracts, and ser vice contracts; the acquisition price; a copy of the acquisition agreement and any related agreements including leases, management contracts, and service contracts; any valua tions of the hospital's assets prepared in the three years immediately preceding the pro posed transaction date; a financial and economic analysis and report from any expert or consultant retained by the seller or lessor which addresses each of the criteria set forth in Code Section 31-7-406; articles of incorporation and bylaws of the nonprofit corporation and related entities and foundations; all donative documents reflecting the purposes of prior gifts of more than $100,000.00 in value by donors to the nonprofit corporation or any related entities or foundations for or on behalf of the hospital; and all documents pertaining to the disposition of assets, including those documents which are included as schedules or exhibits to the acquisition agreement and any related agreements.
(b) The Attorney General may prescribe a form of notice to be utilized by the seller or lessor and the acquiring entity and may require information in addition to that specified in this article if the disclosure of such information is determined by the Attorney General to be in the public interest. The notice to the Attorney General required by this article and all documents related thereto shall be considered public records pursuant to Code Section 50-18-70.
(c) Notice to the Attorney General shall be accompanied by the payment by either the seller or lessor, or by the acquiring entity, of a fee in the amount of $50,000.00.
(d) The Attorney General shall be authorized to retain financial, economic, health plan ning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406.
31-7-403.
(a) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a separate certification from each member of the governing board and the chief executive officer of the nonprofit corpora tion which is a party to the proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a member ship, stock, or controlling interest therein, executed under oath, stating whether that director or officer of the nonprofit corporation is then or may become within the threeyear period following the completion of the transaction a member or shareholder in, or officer, employee, agent, or consultant of, or will otherwise derive any compensation or benefits, directly or indirectly, from the acquiring entity or any related party in connec tion with or as a result of the disposition.
(b) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a certification from each member of the governing board and the chief executive officer of the nonprofit corporation which is a party to the proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a membership, stock, or controlling interest therein, executed under oath:
(1) Disclosing any financial interest held by that individual or that individual's family, or held by any business in which such individual or the individual's family owns a financial interest, in any business which:
(A) Within the immediately preceding 12 month period sold products, property inter ests, or services to the nonprofit corporation engaged in the disposition; or

TUESDAY MARCH 25, 1997

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(B) Within the immediately preceding 12 month period sold or within the three-year period after the completion of the transaction may sell products, property interests, or services to the acquiring entity; and
(2) Disclosing any contract pursuant to which a sale was made or may be made of those products, property interests, or services regarding financial interests which are dis closed pursuant to paragraph (1) of this subsection;
(3) Stating that the nonprofit corporation has received fair market value for its assets or, in the case of a proposed disposition to a not for profit entity or a hospital authority, stating that the nonprofit corporation has received an enforceable commitment of fair and reasonable community benefits for its assets;
(4) Stating that the market value of the hospital's assets has not been manipulated to decrease their value;
(5) Stating that the terms of the transaction are fair and reasonable to the nonprofit corporation;
(6) Stating that the transaction is authorized by the nonprofit corporation's governing documents and is consistent with the intent of any major donors who have contributed over $100,000.00;
(7) Stating that the proceeds of the transaction will be used solely in a manner consis tent with the charitable purposes of the nonprofit corporation and will not be used, directly or indirectly, to benefit the acquiring entity; and
(8) Stating that the transaction will not adversely affect the availability or accessibility of health care services in the county in which the main campus of the hospital is located.
(c) The certification requirements of subsections (a) and (b) of this Code section shall not apply to any governing board members who vote to oppose the proposed disposition.
31-7-404.
Within ten working days after receipt of notice under this article, the Attorney General shall publish notice of the proposed transaction in a newspaper of general circulation in the county where the main campus of the hospital is located and shall notify in writing the governing authority of such county. The published notice required by this Code sec tion shall state that the Attorney General has received notice of a proposed transaction, the names of the parties to the proposed transaction, the date, time, and place of the public hearing regarding the transaction, and the means by which a person may submit written comments about the proposed transaction to the Attorney General.
31-7-405.
(a) Within 60 days after receipt of the notice under this article, the Attorney General shall conduct a public hearing regarding the proposed transaction in the county in which the main campus of the hospital is located. At such hearing, the Attorney General shall provide an opportunity for those persons in favor of the transaction, those persons op posed to the transaction, and other interested persons to be heard. The Attorney General shall also receive written comments regarding the transaction from any interested per son, and such written comments shall be considered public records pursuant to Code Section 50-18-70.
(b) Any expert or consultant retained by the nonprofit corporation to prepare the finan cial and economic analysis of the proposed transaction shall be required to appear and testify at the public hearing regarding his or her report if requested to do so by the Attor ney General and may be questioned by the Attorney General. Such expert or consultant shall make the same disclosure required by members and officers under paragraphs (1) and (2) of subsection (b) of Code Section 31-7-403. The independent expert or consultant retained by the Attorney General to review the proposed transaction shall also appear and testify at the public hearing regarding his or her findings and analysis.

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(c) At least one member of the governing board of the seller or lessor shall be designated by the seller or lessor, and at least one representative of the acquiring entity shall be designated by the acquiring entity, which designees shall appear and testify under oath at the public hearing and shall be subject to questioning by the Attorney General.
31-7-406.
The purpose of the public hearing shall be to ensure that the public's interest is protected when the assets of a nonprofit hospital are acquired by an acquiring entity by requiring full disclosure of the purpose and terms of the transaction and providing an opportunity for local public input. The disposition of a nonprofit hospital to an acquiring entity shall not be in the public interest unless there has been adequate disclosure that appropriate steps have been taken to ensure that the transaction is authorized, to safeguard the value of charitable assets, and to ensure that any proceeds of the transaction are used for appropriate charitable health care purposes. Such disclosure shall address, at a mini mum, the following factors:
(1) Whether the disposition is permitted under Chapter 3 of Title 14, the 'Georgia Non profit Corporation Code,' and other laws of Georgia governing nonprofit entities, trusts, or charities;
(2) Whether the disposition is consistent with the directives of major donors who have contributed over $100,000.00;
(3) Whether the governing body of the nonprofit corporation exercised due diligence in deciding to dispose of hospital assets, selecting the acquiring entity, and negotiating the terms and conditions of the disposition;
(4) The procedures used by the nonprofit corporation in making its decision to dispose of its assets, including whether appropriate expert assistance was used;
(5) Whether any conflict of interest was disclosed, including, but not limited to, con flicts of interest related to directors or officers of the nonprofit corporation and experts retained by the parties to the transaction;
(6) Whether the seller or lessor will receive fair value for its assets, including an appro priate control premium for any relinquishment of control or, in the case of a proposed disposition to a not for profit entity, will receive an enforceable commitment for fair and reasonable community benefits for its assets;
(7) Whether charitable assets are placed at unreasonable risk if the transaction is fi nanced in part by the seller or lessor;
(8) Whether the terms of any management or services contract negotiated in conjunc tion with the transaction are reasonable;
(9) Whether any disposition proceeds will be used for appropriate charitable health care purposes consistent with the nonprofit corporation's original purpose or for the support and promotion of health care in the affected community;
(10) Whether a meaningful right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation has been retained if the acquiring entity subse quently proposes to sell, lease, or transfer the hospital to yet another entity;
(11) Whether sufficient safeguards are included to assure the affected community con tinued access to affordable care and to the range of services historically provided by the nonprofit corporation;
(12) Whether the acquiring entity has made an enforceable commitment to provide health care to the disadvantaged, the uninsured, and the underinsured and to provide benefits to the affected community to promote improved health care; and
(13) Whether health care providers will be offered the opportunity to invest or own an interest in the acquiring entity or a related party, and whether procedures or safe guards are in place to avoid conflict of interest in patient referrals.

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1541

31-7-407.
The Attorney General shall have the authority to ensure compliance with any and all notices, certifications, obligations, and commitments which are required to be made in connection with a transaction under this article and may institute proceedings to enforce such compliance in the superior court of the county in which the main campus of the hospital is located. This provision shall not preclude any other person with standing from instituting judicial proceedings regarding the proposed disposition.
31-4-407.1.
The Attorney General shall issue a report of findings addressing the issues outlined in Code Section 31-7-406 within 30 days of the public hearing; provided, however, the time for issuing said report may be extended for an additional 30 days if the Attorney General finds there has been a failure by the entities involved in the transaction under review or any of them, to comply with disclosures required by this article or to respond to subpoe nas or other process authorized by this article, and additional extensions may be ordered upon a continuation of a failure to so comply.
31-7-408.
No permit to operate a hospital may be issued or renewed under this chapter or any other applicable statute or regulation and a permit which has been issued shall be subject to revocation or suspension if there is a disposition or acquisition of hospital assets as de nned in this article without notice first having been provided to the Attorney General as required by this article.
31-7-409.
Any transaction completed before the effective date of this article or which is subject to a pending enforceable definitive agreement as of the effective date of this article condi tioned only upon receipt of regulatory approvals is not subject to the requirements of this article.
31-7-410.
No provision of this article shall derogate from the common law or statutory authority of the Attorney General.
31-7-411.
In connection with the Attorney General's responsibilities under this article and in con nection with the public hearing required by this article, the Attorney General shall have the same power to investigate and issue subpoenas as the Attorney General has with respect to investigations authorized under Code Section 45-15-17.
31-7-412.
Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each member of the governing bodies and the chief executive officers of the parties thereto shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposi tion or acquisition."
SECTION 2.
Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by adding at the end thereof the following:
"31-7-89.1.
(a) As used in this Code section, the term 'control' means ownership of 50 percent or more of the assets of the entity in question or the ability to influence significantly the opera tions or decisions of the entity in question.

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(b) The sale or lease of assets of a hospital owned or operated by a hospital authority to an individual, business corporation, general partnership, limited partnership, limited li ability company, limited liability partnership, joint venture, nonprofit corporation, hospi tal authority, or any other for profit or not for profit entity shall be subject to the notice, hearing, certification, enforcement, and other requirements of Article 15 of Chapter 7 of Title 31 which are applicable to dispositions of nonprofit hospitals to acquiring entities if the disposition of assets constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter or constitutes a sale or lease which, when combined with one or more transfers between the same or related parties occurring within a period of five years, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that the provisions of this Code section shall not apply to the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county."

SECTION 3.

This Act shall become effective on October 31, 1997.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senators Price of the 28th, Langford of the 29th, Ralston of the 51st and Cagle of the 49th offered the following amendment:
Amend the committee substitute to HB 600 by striking lines 22 through 27 on page 10 and replace with the following:
"Any transaction completed before the effective date of this article, or any transaction that is subject to a pending definitive agreement as of the effective date of this article and which is either conditioned only upon receipt of regulatory approval, or is subject to a pending judicial proceeding as of April 1, 1997, is not subject to the requirements of this article."
On the adoption of the amendment, the yeas were 32, nays 0, and the Price, Langford, et al. amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
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 Crotts Dean Egan Fort

Gillis Glanton Gochenour Griffin 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

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1543

Scott Starr Stokes Streat

Tanksley Taylor Thomas of 54th Thomas of 10th

Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen

Clay Harbison

James

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 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.
Senate Sponsor: Senator Hill of the 4th.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan 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 Price of 56th Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Bowen Fort

Henson Perdue

Ragan Streat

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Senator Johnson of the 2nd moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 39, nays 1; the motion prevailed, and Senator Middleton was excused.

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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.
Senate Sponsor: Senator Langford of the 29th.

Senator Langford of the 29th offered the following amendment:
Amend HB 355 by inserting in lieu of lines 16-18 "country which the International Mone tary Fund lists as an industrialized country and for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided such se curities are listed as investment grade by the Securities Valuation Office of the National Association of Insurance Commissioners (NAIC) or as investment grade by a securities rat ing organization accepted by the NAIC.'"
On the adoption of the amendment, the yeas were 38, nays 1, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, 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 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

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 Bowen

Middleton (excused) Perdue

Stokes

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

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

TUESDAY MARCH 25, 1997

1545

The report of the committee, which was favorable to the passage of the bill, was agreed to.
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 Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable 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 voting were Senators:

Abernathy Hill

Langford Middleton (excused)

Scott Taylor

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

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.
Senate Sponsor: Senator Egan of the 40th.

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

Those voting in the affirmative were Senators:

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

Fort Gillis Glanton Gochenour Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt

Land Madden Marable Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat

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Tanksley Taylor Thomas of 54th

Thomas of 10th Turner

Tysinger Walker

Those not voting were Senators:

Abernathy Griffin Hill

Langford Middleton (excused)

Perdue Thompson

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

HB 869. By Representatives Ray of the 128th, Powell of the 23rd, Hudson of the 156th and others:

A bill to amend Code Section 40-3-4 of the Official Code of Georgia Annotated, relating to exclusions from motor vehicle certificate of title requirements, so as to change certain provisions relating to exclusions for certain vehicles which are 15 or more model years old.
Senate Sponsor: Senator Ray of the 48th.

Senator Cagle of the 49th offered the following amendment:
Amend HB 869
to add a new section (F) to Code Section 40-2-85 to read as follows:
"any resident motor vehicle owner who is the spouse or legal guardian of a person who is disabled as prescribed in this Code Section shall be authorized to obtain such spe cialized plates for such vehicle."
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 Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

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 Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Gochenour

Griffin Johnson of 2nd

Taylor

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1547

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following 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 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997 and ending June 30, 1998.
The Calendar was resumed.

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.
Senate Sponsor: Senator Walker of the 22nd.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour

Harbison Henson Hill Hooks Huggins James 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

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Abernathy Fort

Griffin Johnson of 2nd

Oliver

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

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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.
Senate Sponsor: Senator Tysinger of the 41st.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton
Gochenour

Griffin Guhl Henson 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 Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Fort

Harbison Hill

Johnson of 2nd Scott

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

HB 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997 and ending June 30, 1998.
Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 204. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 204. The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate:

TUESDAY MARCH 25, 1997

1549

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.
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 House has passed by the requisite constitutional majority the following bill of the Senate:
SB 59. By Senators Griffin of the 25th, Blitch of the 7th and Boshears of the 6th:
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 following bills were read the first time and referred to committees:
HB 222. By Representative Breedlove of the 85th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
Referred to State and Local Governmental Operations Committee.
HB 766. By Represenative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
Referred to State and Local Governmental Operations Committee.
The Calendar was resumed.
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.
Senate Sponsor: Senator Roberts of the 30th.

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The Senate Insurance and Labor Committee offered the following substitute to HB 573:
A BILL
To be entitled an Act 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 pro vide 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; to provide for certain limitations; to specify requirements for the managers of investment pools; to pro vide requirements for investment pool agreements; to require the investment pool to be a business entity; to exempt transactions between an investment pool and its participants from certain requirements; to require investment activities of pools and transactions be tween pools and participants to be reported annually; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding after Chapter 11 a new Chapter HA to read as follows:
"CHAPTER HA
33-11A-1.
This chapter shall be known and may be cited as the 'Investment Pool Act of 1997.'
33-11A-2.
This chapter shall apply to domestic insurers only.
33-11A-3.
As used in this chapter, the term:
(1) 'Business entity' means a corporation, limited liability company, association, part nership, joint-stock company, joint venture, mutual fund trust, or other similar form of business organization, whether organized for profit or not for profit.
(2) 'Class one money market mutual fund' means a mutual fund that at all times quali fies for investment using the bond class one reserve factor under the Purposes and Procedures of the SVO or any successor publication.
(3) 'Government money market mutual fund' means a money market mutual fund that at all times:
(A) Invests only in obligations issued, guaranteed, or insured by the government of the United States or collateralized repurchase agreements composed of such obliga tions; and
(B) Qualifies for invesment without a reserve under the Purposes and Procedures of the SVO or any successor publication.
(4) 'Money market mutual fund' means a mutual fund that meets the conditions of 17 C.F.R. 270.2a-7, under the Investment Company Act of 1940, 15 U.S.C. Section 80a-l, et seq., as amended.
(5) 'Obligation' means a bond, note, debenture, or trust certificate, including equipment certificate, production payment, negotiable bank certificate of deposit, banker's accept ance, credit tenant loan, loan secured by financing net leases, and other evidence of indebtedness for the payment of money, or participation, certificates, or other evi dences of an interest in any of the foregoing, whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or other wise dedicated for payment.

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(6) 'Qualified bank' means a national bank, state bank, or trust company that at all times is no less than adequately capitalized as determined by the standards provided by federal banking regulations and that is either regulated by state banking laws or is a member of the Federal Reserve System.
(7) 'Repurchase transaction' means a transaction in which an insurer purchases securi ties from a business entity that is obligated to repurchase the purchased securities or equivalent securities from the insurer at a specified price, either within a specified period of time or upon demand.
(8) 'Reverse repurchase transaction' means a transaction in which an insurer sells se curities to a business entity and is obligated to repurchase the sold securities or equivalent securities from the business entity at a specified price, either within a speci fied period of time or upon demand.
(9) 'Securities lending transaction' means a transaction in which securities are loaned by an insurer to a business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period of time or upon demand.
(10) 'SVO' means the Securities Valuation Office of the National Association of Insur ance Commissioners.
33-11A-4.
(a) Notwithstanding any provisions of Chapter 11 of this title to the contrary, an insurer may under this chapter acquire investments in investments pools that:
(1) Invest only in:
(A) Obligations that are rated 1 or 2 by the SVO or have an equivalent of an SVO 1 or 2 rating by a nationally recognized statistical rating organization recognized by the SVO or, in the absence of an SVO 1 or 2 rating or equivalent rating, the issuer has outstanding obligations with an SVO 1 or 2 rating or equivalent rating by a nation ally recognized statistical rating organization recognized by the SVO and which have:
(i) A remaining maturity of 397 days or less or a put that entitles the holder to receive the principal amount of the obligation, which put may be exercised through maturity at specified intervals not exceeding 397 days; or
(ii) A remaining maturity of three years or less and a floating interest rate that resets no less frequently than quarterly on the basis of a current short-term index, including federal funds, prime rate, treasury bills, London InterBank Offered Rate (LIBOR), or commercial paper, and is subject to no maximum limit, if the obliga tions do not have an interest rate that varies inversely to market interest rate changes;
(B) Government money market mutual funds or class one money market mutual funds; or
(C) Securities lending, repurchase, and reverse repurchase transactions that meet all the requirements of Code Section 33-11-7; or
(2) Invest only in investments which an insurer may acquire under this title, if the insurer's proportionate interest in the amount invested in such investments does not exceed the applicable limits of this title.
33-11A-5.
For an investment in an investment pool to be qualified under this chapter, the invest ment pool shall not:
(1) Acquire securities issued, assumed, guaranteed, or insured by the insurer or an affiliate of the insurer;
(2) Borrow or incur an indebtedness for borrowed money, except for securities lending and reverse repurchase transactions that meet the requirements of this chapter; or

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(3) Permit the aggregate value of securities then loaned or sold to, purchased from, or invested in any one business entity under this chapter to exceed 10 percent of the total assets of the investment pool.
33-11A-6.
The limitations of paragraphs (1) and (2) of Code Section 33-11-5 shall not apply to an insurer's investment in an investment pool; provided, however, that an insurer shall not acquire an investment in an investment pool under this chapter if, as a result of and after giving effect to the investment, the aggregate amount of investments then held by the insurer under this chapter:
(1) In any one investment pool would exceed 10 percent of its admitted assets;
(2) In all investment pools investing in investments permitted under paragraph (2) of subsection (a) of Code Section 33-11A-4 would exceed 25 percent of its admitted assets; or
(3) In all investment pools would exceed 35 percent of its admitted assets.
33-11A-7.
For an investment in an investment pool to be qualified under this chapter, the manager of the investment pool shall:
(1) Be organized under the laws of the United States or a state and designated as the pool manager in a pooling agreement;
(2) Be the insurer, an affiliated insurer or a business entity affiliated with the insurer, a qualified bank, or a business entity registered under the Investment Advisors Act of 1940, 15 U.S.C. Section 80b-l, et seq., as amended; or, in the case of a reciprocal in surer or interinsurance exchange, be its attorney in fact; or, in cases of a United States branch of an alien insurer, be its United States manager or affiliates or subsidiaries of its United States manager;
(3) Compile and maintain detailed accounting records setting forth:
(A) The cash receipts and disbursements reflecting each participant's proportionate investment in the investment pool;
(B) A complete description of all underlying assets of the investment pool, including amount, interest rate, any maturity date, and other appropriate designations; and
(C) Such other records which, on a daily basis, allow third parties to verify each participant's investment in the investment pool; and
(4) Maintain the assets of the investment pool in one or more accounts, in the name of or on behalf of the investment pool, under a custodial agreement compliant with this title with a qualified bank. The custodial agreement shall include but not be limited to:
(A) A statement and recognition of the claims and rights of each participant;
(B) An acknowledgement that the underlying assets of the investment pool are held solely for the benefit of each participant in proportion to the aggregate amount of its investments in the investment pool; and
(C) An agreement that the underlying assets of the investment pool shall not be commingled with the general assets of the custodian qualified bank or any other person.
33-11A-8.
A pooling agreement under this chapter may not be entered into unless the insurer has notified the Commissioner in writing of the pooling agreement at least 30 days prior to entering into the pooling agreement and the Commissioner has not disapproved it within such period. The pooling agreement for each investment pool shall be in writing and shall provide that:

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(1) An insurer and its affiliated insurers or, in the case of an investment pool investing solely in investments permitted under paragraph (1) of subsection (a) of Code Section 33-11A-4, the insurer and its subsidiaries, affiliates, or any pension or profit-sharing plan of the insurer, its subsidiaries and affiliates, or, in the case of a United States branch of an alien insurer, affiliates or subsidiaries of its United States manager, shall, at all times, hold 100 percent of the interests in the investments pool;
(2) The underlying assets of the investment pool shall not be commingled with the general assets of the pool manager or any other person;
(3) In proportion to the aggregate amount of each pool participant's interest in the investment pool:
(A) Each participant owns an undivided interest in the underlying assets of the in vestment pool; and
(B) The underlying assets of the investment pool are held solely for the benefit of each participant;
(4) A participant, or in the event of the participant's insolvency, bankruptcy, or receiv ership, its trustee, receiver, or other successor in interest, may withdraw all or any portion of its investment from the pool under the terms of the pooling agreement;
(5) Withdrawals may be made on demand without penalty or other assessment on any business day, but settlement of funds shall occur within a reasonable and customary period thereafter not to exceed five business days. Distributions under this paragraph shall be calculated in each case net of all then applicable fees and expenses of the investment pool. The pooling agreement shall provide that the pool manager shall distribute to a participant, at the discretion of the pool manager:
(A) In cash, the then fair market value of the participant's pro rata share of each underlying asset of the investment pool;
(B) In kind, a pro rata share of each underlying asset; or
(C) In a combination of cash and in kind distributions, a pro rata share of each un derlying asset; and
(6) The pool manager shall make the records of the investment pool available for in spection by the Commissioner.
33-11A-9.
An investment pool authorized under this chapter must be a business entity.
33-11A-10.
Transactions between an investment pool and its participants shall not be subject to the provisions of Code Section 33-13-5. Investment activities of an investment pool and transactions between such pools and pool participants shall be reported annually in the registration statement required by Code Section 33-13-4."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.

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

Those voting in the affirmative were Senators:

Balfour 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 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 Clay Fort

Johnson of 2nd

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 123. By Representatives Walker of the 141st, Skipper of the 137th and Martin of the 47th:

A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A., and in Acts of the General Assembly amending the O.C.G.A..
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

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 1st Kemp Lamutt Land

Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott

TUESDAY MARCH 25, 1997

1555

Starr Stokes Streat Tanksley

Taylor Thomas of 54th Thomas of 10th Thompson

Those not voting were Senators:

Abernathy Balfour

Blitch Clay

Turner Tysinger Walker
Fort Johnson of 2nd

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Ray of the 48th.
The Senate Special Judiciary Committee offered the following substitute to HB 620:
A BILL
To be entitled an Act to amend Code Section 16-10-51 of the Official Code of Georgia Anno tated, 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 out-of-state-bail jump ing; to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide that the surety shall be released from liability at the discretion of the court in certain cases where the principal uses a false name when bound over and committed to a facility unless the surety knew or should have known that the principal used a false name, provided that the surety acted with due diligence and used all practical means to secure the attendance of the principal before the court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c)(l) Any person who has been charged with or convicted of the commission of any of the misdemeanors listed in paragraph (2) of this subsection and has been set at liberty on bail or on his or her own recognizance upon the condition that he or she will subsequently appear at a specified time and place and who, after actual notice to the defendant in open court or notice to the person defendant by mailing to his the defendant's last known address or otherwise being notified personally in writing by a court official or officer of the court, leaves the state to avoid appearing and fails wiUiuut sufficient excuse lu ap pear in court at such time and place commits the offense of out-of-state-bail jumping. A person convicted of the offense of out-of-state-bail jumping shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than Llu ee five years or by a fine of not less than $1,000.00 nor more than $3,000.00 $5,000.00, or botnT

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(2) Paragraph (1) of this subsection shall apply only to the following misdemeanors: (A) Abandonment, as provided in Code Sections 19-10-1 and 19-10-2; (B) Simple assault, as provided in Code Section 16-5-20; (C) Carrying deadly weapon to public gathering, as provided in Code Section 16-11127; (D) Bad checks, as provided in Code Section 16-9-20; (E) Simple battery, as provided in Code Section 16-5-23; (F) Bribery, as provided in Code Section 16-10-3; (G) Failure to report child abuse, as provided in Code Section 19-7-5; (H) Criminal trespass, as provided in Code Section 16-7-21; (I) Contributing to the delinquency of a minor, as provided in Code Section 16-12-1; (J) Escape, as provided in Code Sections 16-10-52 and 16-10-53; (K) Tampering with evidence, as provided in Code Section 16-10-94; (L) Family violence, as provided in Code Section 19-13-6; (M) Deceptive business practices, as provided in Code Section 16-9-50; (N) Reserved; (O) Fraud in obtaining public assistance, food stamps, or Medicaid, as provided in Code Section 49-4-15; (P) Reckless conduct, as provided in Code Section 16-5-60; (Q) Any offense under Chapter 8 of this title which is a misdemeanor; (R) Any offense under Chapter 13 of this title which is a misdemeanor; ami (S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6391:; (T) Driving without a license in violation of Code Section 40-5-20 or driving while a license is suspended or revoked as provided in Code Section 40-5-121; and (U) Any offense under Code Section 40-6-10, relating to requirement of the operator or owner of a motor vehicle to have proof of insurance."
SECTION 2.
Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recog nizances, is amended by striking subsection (d) of Code Section 17-6-31, relating to the surrender of principal by surety and forfeiture of bond, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(l) Furthermore, the surety shall be released from liability if, prior to entry of judg ment, there is:
(A) A deferred sentence; (B) A presentence investigation; (C) A court ordered pretrial intervention program; (D) A court ordered educational and rehabilitation program; (E) A fine; (F) A dead docket; or (G) Death of the principal.
IF-(2) Furthermore, the surety may be released from liability at the discretion of the court

TUESDAY MARCH 25, 1997

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(A) The principal used a false name when he or she was bound over and committed to jail or a correctional institution and was subsequently released from such facility un less the surety knew or should have known that the principal used a false name; and
(B) The surety shows to the satisfaction of the court that he or she acted with due diligence and used all practical means to secure the attendance of the principal before the court."

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 Boshears 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 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 Blitch

Bowen Fort

Johnson of 2nd

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 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. Senate Sponsor: Senator Ragan of the llth.
The Senate Education Committee offered the following substitute to HB 420:
A BILL To be entitled an Act 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

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redefine the term "educator"; to provide for an additional definition; to provide for the ap pointment of members emeritus of the Professional Practices Commission; to provide for the qualifications, nomination, powers, duties, expenses, and terms of members emeritus; to provide for the rights of members emeritus and the reimbursement of their employers; to provide for privileged utterances; to change the provisions relating to investigations by the commission and the commission's authority over applicants; to change the provisions relat ing to disciplinary actions, findings of fact, conclusions of law, and recommendations; 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 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Professional Teaching Practices Act," is amended by striking Code Section 20-2-792, relating to definitions, and inserting in its place the following:
"20-2-792.
As used in this part, the term:
(1) 'Commission' means the Professional Practices Commission.
(2) 'Educator' means teachers and uthei piufessiunal educators uf this slate wliu hulJ cm tificattis and school or school system administrators and other education personnel of this state who hold certificates, permits, or other certification documents issued by the Professional Standards Commission: and persons who have applied for but have not yet received or been denied such certificates, permits, or other certification docu ments from the Professional Standards Commission.
(2.1) 'Expungement' means the records are sealed and labeled pursuant to Code Sec tion 20-2-795.1.
(3) 'Local board' means the board of education of any local school system.
(4) 'Local school system' means any county school system or any independent school system of a municipality.
(5) 'Local superintendent' means the school superintendent of any local school system.
(6) 'State board' means the State Board of Education.
(7) 'State Superintendent' means the State School Superintendent.
(8) Teaching" means any professional service rendered or performed by an educator."
SECTION 2.
Said part is further amended by adding a new subsection (d) to Code Section 20-2-793, relating to the creation, composition, nomination and appointment of members, terms, re moval, and vacancies in the membership of the Professional Practices Commission, to read as follows:
"(d) There is created the position of member emeritus of the commission. The executive director of the commission shall recommend to the commission a list of former members of the commission who are eligible for appointment as members emeritus. The commis sion may appoint such number of such persons as members emeritus as the commission deems advisable to assist the commission in the execution of its duties, but not more than 17 persons shall serve as members emeritus at any one time. Members emeritus shall be appointed for a term of three years and no person shall be eligible to serve as a member emeritus for more than three years. To be eligible for service as a member emeritus, a person must have served as a member of the commission for a term which ended on or after January 1, 1993, must hold a valid Georgia educator certificate, and must be em ployed in the public schools of this state or by the Department of Education or be retired from employment in the public schools or the Department of Education. Members emeri tus shall be eligible to serve as members of any hearing panel in any hearing conducted

TUESDAY MARCH 25, 1997

1559

by the commission. Members emeritus shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses, not to exceed $59.00 per day, incurred in the performance of their official duties and for mileage at the same rate as state officials and employees. A member emeritus of the commission who is an em ployee of the Department of Education or of a local board shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. A local board which employs a member emeritus of the commission and employs a person to replace such member emeritus during his or her performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of expenses so incurred. When acting in good faith in the course of their duties at meetings or hearings of the commission, members emeritus shall be privileged in their utterances."
SECTION 3.
Said part is further amended by striking subsection (e) of Code Section 20-2-796, relating to investigations by the Professional Practices Commission and the commission's authority over applicants, and inserting in its place the following:
"(e) No applicant who is under luview investigation by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its author ity over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law ; or to enter an order recom mending denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not de prive the commission of its authority to do any of the following:
(1) Institute or continue an investigation or a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground pro vided by law; or
(2) Enter an order recommending to the Professional Standards Commission sus pending or revoking the certificate, permit, or other certification documentTnr.
VO7 Issue111iLliiiuiiiLiuiiLu Lilt? liulvlt?iOl a uei liiiucitc, |jei iinL,OT uLliciuci LiliuiLiuii

SECTION 4.
Said part is further amended by striking subsection (a) of Code Section 20-2-797, relating to recommendations of the Professional Practices Commission as to disciplinary actions and consultative services and recommendations, and inserting in its place the following:
"(a) Following its completion of an investigation authorized by Code Section 20-2-796 but, in a contested case, not before the conclusion of a hearing held pursuant to Code Section 50-13-41, the commission may furnish to the local board, the state board, the Profes sional Standards Commission, or any combination thereof, findings of fact, conclusions of law, and recommendations. Based on its findings of fact and conclusions of law, the com mission may recommend that no action be taken against the educators involved if the commission determined that the complaints against the educators were not justified. If the commission determined there was justification for the complaints against the educa tors involved, it may recommend any combination of the following actions:
(1) That the educators be warned, or reprimanded, monitored, or any combination thereof;

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(2) That the contracts of the educators be terminated, suspended, or not renewed; or (3) That the certificates of the educators be suspended or revoked."

SECTION 5.

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 6.

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 HB 420 by striking line 1 of page 1 and inserting in lieu thereof the following:
"To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the 'Quality Basic Education Act,' so as to provide additional time for receipt of the criminal records check for teachers, principals, and other certificated professional per sonnel; to amend Part 1 of Article 17 of Chapter 2 of Title 20 of.
By inserting following line 17 of page 1 the following:

"SECTION 1.

Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the 'Quality Basic Education Act,' is amended by striking paragraph (1) of subsection (e) of Code Section 20-2-211, relating to annual contracts, and inserting in lieu thereof the following:
'(e)(l) Each person to be issued a contract of employment for the first time by a local unit of administration after July 1, 1994, as a teacher, principal, or other certificated profes sional personnel shall be fingerprinted and have a criminal record check made as re quired by this subsection prior to the issuing of a contract. The local unit of administration shall have the authority to employ a person or persons under a provi sional or temporary contract for a maximum of i20 200 days to allow for the receipt of the results of the criminal record check.'"
By renumbering Sections 1 through 6 as Sections 2 through 7, respectively.
On the adoption of the amendment, the yeas were 37, nays 0, and the Oliver amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Crotts Dean Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins

James Johnson of 1st Kemp Lamutt Land Langford Madden Middleton Oliver Perdue Price of 28th

TUESDAY MARCH 25, 1997

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Price of 56th Ragan Ralston Ray Roberts Scott

Starr Stokes Streat Tanksley Taylor Thomas of 54th

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Egan

Fort Johnson of 2nd

Thomas of 10th Thompson Turner Tysinger Walker
Marable

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

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.
Senate Sponsor: Senator Ray of the 48th.
Senator Egan of the 40th offered the following amendment:
Amend HB 689 by adding at the beginning of line 5 on page 1 the following:
"authorize federal judges to perform marriage ceremonies; to".
By inserting between lines 14 and 15 on page 1 the following:
"SECTION 1.
Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, is amended by striking subsection (c) of Code Section 193-30, relating to the issuance, return, and recording of marriage licenses, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The license shall be directed to any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the judge, city recorder, magistrate, minister, or other authorized person to return the li cense to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by him such judge for that purpose.'"
By redesignating Sections 1 through 7 as Sections 2 through 8, respectively.
By striking lines 16 through 18 on page 1 and inserting in lieu thereof the following:
"Said article is further amended by striking in its entirety Code".
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.

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

Those voting in the affirmative were Senators:

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

Those not voting were Senators:

Abernathy Fort

Hill Walker

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

SB 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 House substitute was as follows:
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 provide for inclusion of certain county officers in certain health plans; to authorize the State Per sonnel Board to contract with the County Officers Association of Georgia for the participa tion of certain county officers in any health insurance plan or plans established 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 payments from county employees, retirees, and dependents; to provide for contributions and deductions; to pro vide that employees of the Sheriffs' Retirement Fund of Georgia shall be eligible to partici pate in the state employees' health insurance plan; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY MARCH 25, 1997

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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:
"(L) County officers, which for purposes of this article specifically includes and is limited to probate judges, sheriffs, tax commissioners or tax collectors, clerks of superior court, full-time and part-time state court judges, solicitors, and solicitors-general, chief magis trates, 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) If a county does not offer or provide a health insurance plan, health maintenance organization, or other health benefits plan for its county officers then such county of ficers, by majority vote, may elect to be included in any health plan or plans established under this article. The county commissioners of a county may elect by majority vote to provide for payment of any portion, all, or none of the required premiums or payments due from the county officers or former county officers who under this Code section are eligible for inclusion in the health plan or plans established under this article.
(b) 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 of employees, spouses, and dependents of employ ees serving in one or more of the following capacities: probate judge, sheriff, tax commis sioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the board of commissioners; and employees, spouses, and dependents of employees leaving employ ment 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, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the board of commissioners. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. 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 (c) of this Code section and remit 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 Association of Georgia to maintain and remit to the board accurate records of employee, dependent, and other information required by the board to administer this Code section.
(c) 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 of 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, full-time or part-time state court judge, solicitor, or solicitorgeneral, chief magistrate, or full-time chairperson 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, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the

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board of commissioners. The County Officers Association of Georgia is authorized to con tract 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 con tracting 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 insur ance plan and to remit the same to the County Officers Association of Georgia for pay ment to the board.
(d) 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 2A.
Said article is further amended by striking in its entirety Code Section 45-18-7.3, relating to employees of the Peace Officers' Annuity and Benefit Fund and the Georgia Firemen's Pension Fund, and inserting in lieu thereof the following:
"45-18-7.3.
The board is authorized to contract with the Peace Officers' Annuity and Benefit Fund, and Georgia Firemen's Pension Fund, and the Sheriffs' Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers' Annuity and Benefit Fund, ami Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers' Annuity Benefit Fund, ami Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia to deduct from the salary or other remuneration of its their employees such payment as may be required under the board's regu lations. In addition, it shall be the duty of said Peace Officers' Annuity and Benefit Fund, and Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia to make the employer contributions required for the operation of such plan or plans."
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.
Senator Gillis of the 20th moved that the Senate disagree with the House substitute to SB 91.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 91.
The Calendar was resumed.
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.
Senate Sponsor: Senator Langford of the 29th.
Senator Boshears of the 6th offered the following amendment:
Amend HB 393 by striking from line 26 on page 1 the words "respect for the creator," and inserting in lieu thereof the words "respect and tolerance for the diversity of religious beliefs,".

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Senator Boshears of the 6th asked unanimous consent that his amendment be withdrawn.
The consent was granted and the amendment was withdrawn.
Senator Langford of the 29th offered the following amendment:
Amend HB 393 by adding on line 6 on page 1 following the word and symbol "matters;" the following:
"to provide for severability;".
By adding between lines 31 and 32 on page 1 the following:

"SECTION 1.1.

In the event any section, subsection, sentence, clause, or phrase of this Act shall be de clared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional."
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 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

Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner

Those not voting were Senators:

Abernathy Fort

James Scott

Tysinger Walker

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

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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.
Senate Sponsor: Senator Tysinger of the 41st.

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 Gochenour

Griffin Guhl Harbison Henson
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

Hill James

Walker

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

SR 167. By Senator Tysinger of the 41st:
A resolution authorizing the leasing of certain state owned real property located in DeKalb County, Georgia.

The Calendar was resumed.

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. Senate Sponsor: Senator Scott of the 36th.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

TUESDAY MARCH 25, 1997

1567

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 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 Madden Marable Middleton Oliver

Price of 28th Price of 56th Bagan Ralston Ray Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Boshears Bowen Fort

James Langford Perdue

Roberts Walker

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Oliver of the 42nd.
Senators Brush of the 24th and Glanton of the 34th offered the following amendment:
Amend HB 761 by adding a new Section 3 on line 33 page 3 to read as follows:
The Dept. of Audits shall produce an annual report for each member of the General Assembly outlining the total cost and assets of the Georgia Commission on Women in cluding but not limited to, contracts, publishing, grants and travel expenses.
Renumber existing Sections 3 and 4 accordingly. Senator Brush of the 24th asked unanimous consent to withdraw the Brush, Glanton
amendment.
The consent was granted, and the amendment was withdrawn.
Senator Boshears of the 6th offered the following amendment: Amend HB 761 by striking, beginning on Line 24, Page 3 and continuing through end of Line 32.
By adding at the end of 50-12-83 the following on Page 3:
Members of the commission shall receive expense allowance and reimbursement for no more than five days per year.
Senator Boshears of the 6th asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.

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Senator Boshears of the 6th offered the following amendment:
Amend HB 761 by adding a new section as follows:
50-12-83.1
The commission shall not expend or allow to be expended any funds in any manner which would assist, promote, or support any behavior or acts which are against the laws of this state.
Senator Boshears of the 6th asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.
Senator Balfour of the 9th offered the following amendment:
Amend HB 761 by striking after "women." on page 2 line 16 "The dissemination of through line 22.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Brush Burton Cagle Cheeks Clay

Crotts Egan Glanton Gochenour Guhl Huggins Johnson of 1st Lamutt

Price of 28th Price of 56th Ralston Ray Streat Tanksley Thomas of 54th Tysinger

Those voting in the negative were Senators:

Abernathy Broun of 46th Brown of 26th Dean Fort Gillis Griffin Harbison Henson Hill

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

Perdue Ragan Scott Starr Stokes Taylor Thomas of 10th Thompson Turner Walker

Those not voting were Senators Bowen and Roberts.

On the adoption of the amendment, the yeas were 24, nays 30, and the Balfour amend ment to HB 761 was lost.
Senator Balfour of the 9th offered the following amendment:
Amend HB 761 by striking page 3 line 13 thru line 32 and inserting
"The members of the commission shall be reimbursed for expenses incurred while con ducting the business of the commission from public or private grants, devises, or be quests received by the commission.
Senator Balfour of the 9th asked unanimous consent that his amendment be withdrawn.
The consent was granted, and the amendment was withdrawn.
Senator Glanton of the 34th offered the following amendment:
Amend HB 761 by striking "Article 5 of from line 1 and line 12 of page 1, by striking "the Georgia Commission on Women" from lines 2 and 3 and lines 13 and 14 of page 1 and

TUESDAY MARCH 25, 1997

1569

inserting in lieu thereof "commissions and other agencies of state government", and by striking "article" and inserting in lieu thereof "chapter" on line 8 of page 3.
By adding, following the word and symbol "expenses;" on line 7 of page 1 the following:
"to create the Georgia Coalition of Conservative Women; to provide for the membership of the coalition and the appointment, terms, vacancies, and officers of the coalition; to provide for quorums; to provide for the powers and duties of the coalition; to provide for the compensation, per diem, and expenses of the coalition; to provide for reports;".
By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.
By adding between lines 32 and 33 of page 3 the following:
"SECTION 3.
Said chapter is further amended by inserting, following Article 5, a new Article 5A to read as follows:
'ARTICLE 5A
50-12-90.
(a) There is created the Georgia Coalition of Conservative Women. The coalition shall be composed of 15 members to be appointed from the membership of recognized conserva tive women's groups as follows:
(1) Five members shall be appointed by the Governor;
(2) Five members shall be appointed by the President of the Senate; and
(3) Five members shall be appointed by the Speaker of the House of Representatives.
(b) The members of the coalition shall be conservative women and men of recognized ability and achievement. All vacancies shall be filled for the unexpired term by the origi nal appointing official. Members shall serve for terms of four years and no member may serve for more than two consecutive terms.
50-12-91.
The coalition shall elect a chairperson, vice chairperson, and secretary from among its members for terms of two years, and any member shall be eligible for successive election to such office by the coalition. A quorum for transacting business shall be a majority of the members of the coalition.
50-12-92.
(a) The coalition shall have the following powers and duties:
(1) To conduct or have conducted studies and research on issues pertaining to women, including but not limited to such topics as the following:
(A) Educational needs of and opportunities for women;
(B) Social security and tax laws as they affect women;
(C) Women's health issues;
(D) Political, legal, civil, property, and social rights of women; and
(E) Employment policies in the public and private sector and their impact on the wage-earning capacity of women;
(2) To collect and disseminate information regarding women in the State of Georgia and the nation and, without limiting the foregoing, to compile, report, publish, and disseminate the research and studies which the coalition conducts or has conducted;
(3) To review and analyze the laws of the State of Georgia and their impact on the lives of the women of this state;

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(4) To consult with and advise the Governor and any state department, agency, board, commission, authority, or member of the General Assembly or any legislative or judi cial committee or commission on matters pertaining to women. The dissemination of information, advice, studies, and reports to members of the General Assembly or legis lative committees by the coalition or its members acting in their official capacity shall not constitute lobbying or make the member a lobbyist for purposes of Article 4 of Chapter 5 of Title 21;
(5) To cooperate with the government of the United States and the governments of other states in programs relating to women;

(6) To promote, encourage, and provide advisory assistance to state, local, and commu nity women's professional, business, and civic organizations;

(7) To accept public or private grants, devises, and bequests;

(8) To hold public hearings, conferences, seminars, meetings, ceremonies, and like events. The coalition may hold such events in conjunction with compatible events or receptions held or conducted by private parties;
(9) To recognize achievement by women and women's organizations; and

(10) To take any other action the coalition deems necessary to fulfill its responsibilities.

(b) The coalition shall be authorized to enter into all contracts or agreements necessary or incidental to the performance of its duties.

(c) All executive departments, agencies, boards, commissions, and authorities shall coop erate with the coalition in the performance of its duties.

50-12-93.

The members of the coalition shall each receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the coalition is in attendance at a meeting of the coalition or a committee of the coalition, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such at tendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Each member shall also be reimbursed for actual expenses incurred while conducting the business of the coalition on days other than coali tion meeting days. Reimbursement for travel and lodging shall be in accordance with the rules and regulations promulgated by the Department of Audits and Accounts and the Office of Planning and Budget for state travel.

50-12-94.
The coalition shall publish an annual report summarizing the activities, findings, and recommendations of the coalition. The report shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and all members of the Senate and the House of Representatives not later than November 1 of each year.'"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Brush Burton Cagle Cheeks Clay

Crotts Glanton Gochenour Guhl Huggins Johnson of 1st Lamutt Madden

Price of 28th Price of 56th Ralston Ray Tanksley Thomas of 54th Tysinger

TUESDAY MARCH 25, 1997

1571

Those voting in the negative were Senators:

Abernathy Bowen Broun of 46th Brown of 26th Dean Egan Fort Gillis Griffin Harbison Henson

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

Ragan Roberts Scott Stokes Streat Taylor Thomas of 10th Thompson Turner Walker

Not voting was Senator Starr.

On the adoption of the amendment, the yeas were 23, nays 32, and the Glanton amend ment to HB 761 was lost.
Senator Egan of the 40th offered the following amendment:
Amend HB 761 by striking Sec. 2 and renumbering Sec. 3 & 4.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis

Glanton Gochenour Guhl 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 Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those voting in the negative were Senators:

Brown of 26th Griffin Harbison

Henson James Johnson of 2nd

Scott Thomas of 10th Walker

On the adoption of the amendment, the yeas were 47, nays 9, and the Egan amend ment was adopted.
Senator Johnson of the 1st offered the following amendment:
Amend HB 761 by adding new Section 3 on page 3, line 33, and renumber 3 to 4 and 4 to 5:

"SECTION 3

This Commission shall cease to exist on January 1, 1998."
Senator Johnson of the 1st asked unanimous consent that his amendment be withdrawn.

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The consent was granted, and the amendment was withdrawn.

Senators Ray of the 48th, Price of the 56th, Gochenour of the 27th and Cagle of the 49th offered the following amendment:
Amend HB 761 by adding a new section as follows:

The commission shall not expend or allow to be expended any funds in any manner which would assist, promote, or support any behavior or acts which are against the laws of 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:

Balfour Blitch Boshears Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour

Guhl 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 Streat Tanksley Thomas of 54th Thompson Turner Tysinger

Those voting in the negative were Senators:

Bowen Broun of 46th Brown of 26th Fort Griffin

Harbison James Oliver Ragan Scott

Starr Stokes Taylor Thomas of 10th Walker

Not voting was Senator Abernathy.

On the adoption of the amendment, the yeas were 40, nays 15, and the Ray, et al. amendment to HB 761 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 Bowen Broun of 46th Brown of 26th Brush Crotts Dean Egan Fort Gillis Griffin Harbison Henson

Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Ragan

Ralston Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Walker

TUESDAY MARCH 25, 1997

1573

Those voting in the negative were Senators:

Balfour Boshears Burton Cagle Cheeks

Clay Glanton Gochenour Guhl Huggins

Johnson of 1st Price of 28th Price of 56th Ray Thomas of 54th

On the passage of the bill, the yeas were 41, nays 15. The bill, having received the requisite constitutional majority, was passed as amended.

HB 845. By Representatives Floyd of the 138th and James of the 140th:

A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Hawkinsville Civitan Club's "Shoot the Bull" barbecue championship as the state's official beef barbecue championship cookoff; to designate the "Slosheye Trail Big Pig Jig" as the state's official pork barbecue cookoff.
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:

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

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:

Oliver

Perdue

Walker

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

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.
Senate Sponsor: Senator Middleton of the 50th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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 Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Perdue

Starr

Walker

On the passage of the bill, the yeas were 53, 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 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County.
The Calendar was resumed.

HB 307. By Representative Smith of the 109th:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs on judicial process, so as to provide for ad ditional requirements for garnishment of funds or other property under the con trol of financial institutions; to require certain information in summons of gar nishment.
Senate Sponsor: Senator Oliver of the 42nd.

TUESDAY MARCH 25, 1997

1575

The Senate Judiciary Committee offered the following substitute to HB 307:
A BILL
To be entitled an Act to amend Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to garnishment, so as to require additional information to be provided on certain affidavits and summonses; to provide for property in safe-deposit boxes; to provide for a new form; to provide for relief from liability for certain failures to answer, for attach ing liens, and for freezing, paying, or delivering into court certain property or money; to provide for immunity from liability regarding certain association accounts and fiduciary accounts; to provide for cost reimbursements; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment, is amended by adding immediately following subsection (h) of Code Section 18-4-20, relating to property subject to garnishment, a new subsection (i) to read as follows:
"(i) A summons of garnishment upon a financial institution, or an attachment thereto, shall state with particularity all of the following information, to the extent reasonably available to the plaintiff:
(1) The name of the defendant, and, to the extent such would reasonably enable the garnishee to answer properly the summons, all known configurations, nicknames, ali ases, former or maiden names, trade names, or variations thereof;
(2) The service address and the current addresses of the defendant and, to the extent such would reasonably enable the garnishee to answer properly the summons of gar nishment and such is reasonably available to the plaintiff, the past addresses of the defendant;
(3) The social security number or federal tax identification number of the defendant; and
(4) Account, identification, or tracking numbers known or suspected by the plaintiff to be used by the garnishee in the identification or administration of the defendant's funds or property.
A misspelling of any information required by paragraph (1) or (2) of this subsection, other than the surname of a natural person defendant, shall not invalidate a summons of gar nishment, so long as such information is not misleading in a search of the garnishee's records."
SECTION 2.
Said chapter is further amended by adding immediately following paragraph (6) of Code Section 18-4-66, relating to forms for postjudgment garnishment, a new paragraph (7) to read as follows:
"(7) Attachment to summons of garnishment upon a financial institution.

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JOURNAL OF THE SENATE
IN THE ______ COURT OF ______ COUNTY STATE OF GEORGIA
Civil action File no.

Defendant
Other known names of Defendant

Current and past addresses of Defendant
Social security number or federal tax identification number of Defendant
Account or identification numbers of Defendant used by Garnishee
Other allegations

Garnishee

)"

SECTION 3.

Said chapter is further amended by striking Code Section 18-4-84, relating to delivery of money or property to court, and inserting in its place the following:
"18-4-84.
Along with the answer, the garnishee shall deliver to the court the money or other prop erty admitted in the answer to be subject to garnishment. If in answering the summons of garnishment, as provided in Code Section 18-4-82, the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall answer to the court issuing the summons of garnishment as to the exist^ ence of such safe-deposit box and shall hold any contents of such safe-deposit box until the earlier of:
(1) Further order of said court either releasing the garnishment or specifically requir ing the garnishee to open such safe-deposit box and deliver any contents thereof to said court upon conditions prescribed by said court; or

TUESDAY MARCH 25, 1997

1577

(2) The elapsing of 120 days from the date of filing of the answer to the summons of garnishment unless such time has been extended by the court."
SECTION 4.
Said chapter is further amended by adding immediately following Code Section 18-4-92, a new Code section to read as follows:
"18-4-92.1.
(a) A garnishee may be relieved from liability for failure to answer properly the summons of garnishment if the plaintiff failed to provide the information required by subsection (i) of Code Section 18-4-20 that would reasonably enable the garnishee to answer properly the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determin ing whether a garnishee may be relieved of liability imposed by Code Section 18-4-92, the court shall consider and compare the accuracy and quantity of the information supplied by the plaintiff pursuant to subsection (i) of Code Section 18-4-20 with the manner in which the garnishee maintains and locates its records, the compliance by the garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which the garnishee is located.
(b) A garnishee and a plaintiff shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien, the freezing, payment, or delivery into court of property, money, or effects reasonably believed to be that of the defendant if such attachment, freezing, payment, or delivery is reasonably required by a good faith effort to comply with the summons of garnishment. In determining whether such compliance by a garnishee is reasonable, the court shall proceed in the manner prescribed in subsection (a) of this Code section by comparing the efforts of the plaintiff to comply with subsection (i) of Code Section 18-4-20 and the garnishee's record system and procedures.
(c)(l) As used in this subsection, the term:
(A) 'Association account' means any account, or any safe-deposit box or similar prop erty, maintained by a corporation, statutory close corporation, limited liability com pany, partnership, limited partnership, limited liability partnership, foundation, trust, a national, state, or local government or quasi-government entity, or any other incorporated or unincorporated association.
(B) 'Fiduciary account' means any account, or any safe-deposit box, maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, for purposes of this subsection, the term fiduciary account shall include any 'trust account' as defined in Code Section 71-810, any account created pursuant to a transfer governed by Code Section 44-5119, and any agency account or safe-deposit box governed by a power of attorney or other written designation of authority.
(2)(A) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association ac count, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose.
(B) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in a fiduciary account that may be subject to garnishment if such account specifically is exempted from garnishment by the laws of this state.
(C) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of

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the fiduciary account or the summons of garnishment alleges that the fiduciary ac count is being used by the defendant for an improper or unlawful purpose."

SECTION 5.

Said chapter is further amended by adding at the end of Code Section 18-4-97, relating to garnishee's expenses, a new subsection to read as follows:
"(d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided by Code Section 7-1-237."

SECTION 6.

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 35, nays 0, and the substitute was adopted.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

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

Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Brush Henson Hooks

Middleton Perdue

Starr 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 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

TUESDAY MARCH 25, 1997

1579

a check or other instrument which is payable to such person and is drawn on the account of another person with that financial institution.
Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On 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 Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

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

Middleton Oliver Ragan Ralston Ray Roberts Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those voting in the negative were Senators:

Balfour Blitch Burton

Gochenour Hill

Price of 28th Price of 56th

Those not voting were Senators:

Perdue Scott

Starr Walker

On the passage of the bill, the yeas were 45, nays 7. The bill, having received the requisite constitutional majority, was passed.

HB 963. By Representatives Crawford of the 129th, Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that circuit. Senate Sponsor: Senator Price of the 28th.

Senators Price of the 28th, Ralston of the 51st, and Clay of the 37th offered the follow ing amendment:
Amend HB 963 by striking lines 5 through 7 of page 1 and inserting in lieu thereof the following
"superior court judges of that circuit; to provide an effective date;"
By striking lines 17 through 32 of page 1 and inserting in lieu thereof the following:
"(a) The governing authorities of the counties composing the Griffin Judicial Circuit are authorized to provide from county funds supplements to the compensation of each judge of superior court as follows:

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YEARS OF SERVICE

SUPPLEMENT

Less than 5 ......................................................... $14,000.00 At least 5 but less than 8 .............................................. 16,500.00 At least 8 but less than 12 ............................................. 19,000.00 At least 12 but less than 16 ............................................ 21,500.00 16 or more ........................................................... 24,000.00

In addition to the foregoing, the additional amount of $2,000.00 shall be paid to the chief judge of the circuit annually as compensation for the additional duties of that office."

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill 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 Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Broun of 46th Hooks

Perdue Starr

Walker

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

HB 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. Senate Sponsor: Senator Madden of the 47th.
The Senate Health and Human Services Committee offered the following substitute to HB 273:
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 provide for the

TUESDAY MARCH 25, 1997

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reuse of unused unit dosage drugs in certain long-term care facilities; to provide for statu tory construction; 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 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding immediately following Code Section 49-4-152.2 a new Code section to read as follows:
"49-4-152.3.
(a) As used in this Code section, the term:
(1) 'Long-term care facility' or 'facility' means an intermediate care home, skilled nurs ing home, or intermingled home subject to regulation as such by the Department of Human Resources.
(2) 'Unit dosage drug' means any dangerous drug regulated under Chapter 13 of Title 16 which is individually packaged to contain only one dosage of such drug and which includes on such packaging the brand or generic name, strength, lot number, and expi ration date of such drug.
(b) Unit dosage drugs may be returned to the dispensing pharmacy for reuse. The de partment and the State Board of Pharmacy shall promulgate regulations which permit the reuse of prescribed but unused unit dosage drugs for a resident of a long-term care facility other than the resident for whom the drug was originally prescribed, but only when:
(1) The cost of those drugs has been paid for or reimbursed under this article; and
(2) The drugs are unused because the resident for whom the drugs were originally prescribed:
(A) Has died;
(B) Has had such resident's prescription changed so as no longer to require those drugs; or
(C) Otherwise no longer needs those drugs.
The consent of the resident for whom the unused drugs were originally prescribed shall not be required for such reuse of prescribed unit doses. Such reuse shall only be author ized by a resident of a long-term care facility for whom the specific dosage of that unused drug has been prescribed when payment or reimbursement for that drug for that resi dent is otherwise permitted under this article. Nothing in this Code section shall require a pharmaceutical manufacturer to provide a rebate based on the reuse of any unused unit dosage drug."
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 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.

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

Those voting in the affirmative were Senators:

Balfour 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 Marable

Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner

Voting in the negative were Senators Burton and Tysinger.

Those not voting were Senators:

Abernathy Perdue

Starr Thompson

Walker

On the passage of the bill, the yeas were 49, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Taylor of the 12th.
The Senate Judiciary Committee offered the following substitute to HB 284:
A BILL
To be entitled an Act 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 Arti cle 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dor mancy and revival of judgments, so as to exclude judgments or orders for child support or spousal support; to amend Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, so as to provide for duties under the Uniform Interstate Family Support Act; to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to authorize the appointment of an assistant district attorney to perform duties under the Uniform Inter state Family Support Act; to amend Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing garnishment for support of a fam ily member, so as to redefine a certain term; to amend Chapter 6 of Title 19 of the Official

TUESDAY MARCH 25, 1997

1583

Code of Georgia Annotated, relating to alimony and child support generally, so as to pro vide that payments or installments of child support under a support order are judgments by operation of law; to provide for continuing, exclusive jurisdiction by courts in Georgia for purposes of entering a child support order, modifying a domestic child support order, or modifying a foreign child support order and to establish concurrent jurisdiction among spe cific courts of Georgia; to change certain procedures relating to a rule nisi; to authorize a court to order the suspension or denial of hunting or fishing licenses of persons not in com pliance with an order for child support; to change certain definitions; to provide that a separate order for income deduction shall be entered upon the entry of a judgment or order for spousal support or child support; to authorize the IV-D agency to issue an order for income deduction; to provide that child support orders shall automatically become subject to withholding upon the accrual of a 30 day arrearage; to provide that contesting an income deduction order shall not stay its enforcement; to change the method of service of an in come deduction order; to provide for a method to attack fraudulent conveyances; to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, to provide for the issuance of an order for the legitimation of a child in certain proceedings to establish paternity; to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to provide that there is no trial by jury in paternity actions and to authorize the Office of State Administra tive Hearings to adjudicate certain paternity actions; to change the requirements for ser vice of process upon nonresidents; to require the court to order genetic tests to establish paternity upon motion by any party; to require genetic tests to be performed in laboratories certified by the American Association of Blood Banks; to provide for matters of proof in paternity actions; to provide for voluntary acknowledgements of paternity and the legal effect of such acknowledgments upon registration with the Department of Human Re sources; to provide for the issuance of temporary child support orders and payments made pursuant to such orders; to provide that evidence of costs of pregnancy, child birth, and genetic testing shall be admitted without the need for third-party testimony and shall con stitute prima-facie evidence of amounts incurred; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to define certain terms; to provide for rescission of voluntary acknowledgments of paternity in the putative father registry; to authorize the IV-D agency to require entities in Georgia to disclose information regarding an obligor or obligee, including information about location, income, and credit status, and to establish a penalty for failure to respond; to require em ployers doing business in Georgia to make certain reports to the Department of Human Resources; to authorize the enforcement of proposed consent orders and income deduction orders entered prior to the filing of an action; to provide that the final administrative order for support shall have the full force and effect of an order of a superior court; to require the IV-D agency to provide certain notices and information regarding support obligations to certain persons; to authorize the IV-D agency to institute collection procedures for all child support arrearages; to create a lien in an amount sufficient to satisfy unpaid child support; to provide for administrative and judicial review, perfection, priority, and expiration of such lien; to authorize the IV-D agency to levy upon property to satisfy such lien and to provide for penalty for failure to surrender property; to require the Department of Human Resources to establish safeguards against the unauthorized use or disclosure of certain information; to authorize the Department of Administrative Services to establish a com puter based registry of account data obtained from financial institutions doing business in Georgia; to establish reporting requirements and penalties relating to the registry; to es tablish an administrative procedure by which the IV-D agency may levy and seize deposits at certain financial institutions, including requirements for notice and judicial review; to authorize the Department of Human Resources to establish a computerized central registry for all support orders entered by any court or administrative tribunal of Georgia; to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," so as to provide that no petition may be filed, nor may any proceeding be initiated, under said article on or after January 1, 1998; to enact Article 3 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform

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JOURNAL OF THE SENATE

Interstate Family Support Act;" to provide for a short title; to provide for definitions; to provide for extended personal jurisdiction over a nonresident in a proceeding to establish, enforce, or modify a support order or to determine parentage; to provide for jurisdiction in support proceedings involving two or more states; to provide for reconciliation of multiple orders for support; to establish procedures relating to proceedings under said article; to provide for the duties of initiating and responding tribunals; to provide for the duties of the support enforcement agency; to authorize the district attorney of each judicial circuit to represent the Department of Human Resources in any proceeding under said article; to designate the Department of Human Resources as the state information agency; to provide for limited immunity of a petitioner under said article; to provide for evidentiary matters, including the application of certain privileges; to provide for establishment of a support order; to provide for enforcement of an order of another state through income withholding; to provide for penalties for noncompliance with an income-withholding order issued by an other state; to provide for registration and enforcement of a support order or income-with holding order of another state; to provide for modification of a registered child support order; to provide for proceedings to determine parentage; to provide for interstate rendition of persons charged criminally with failure to provide support; to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses and permits generally, so as to provide for the suspension or denial of licenses for failure to comply with an order of child support; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to correct a cross-reference; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to spe cific periods of limitation of actions, is amended by striking in its entirety Code Section 9-320, relating to actions on foreign judgments, and inserting in lieu thereof a new Code Sec tion 9-3-20 to read as follows:
"9-3-20.
All actions upon judgments obtained outside this state, except judgments for child sup port or spousal support, or both, shall be brought within five years after such judgments have been obtained."
SECTION 2.
Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, is amended by adding immediately following subsec tion (c) of Code Section 9-12-60, relating to when a judgment becomes dormant, a new subsection (d) to read as follows:
"(d) The provisions of subsection (a) of this Code section shall not apply to judgments or orders for child support or spousal support."
SECTION 3.
Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Notify within 15 days the person entitled to support of any account which is 30 days past due except:
(A) When a case has been designated as a public assistance case, the delinquent amount and a copy of the payment records of that account shall be promptly referred and forwarded to the district attorney's office or the state agency responsible for the enforcement of collection of such delinquent payments;

TUESDAY MARCH 25, 1997

1585

(B) In cases in which actions have been filed under Article 2 or Article 3 of Chapter 11 of Title 19, the child support receiver shall promptly notify the district attorney and forward a copy of the payment records and the amount of arrears to the district attorney;
(C) In cases in which a court has ordered that child support payments be paid through the child support receiver as a condition of probation or a suspended sentence, the child support receiver shall promptly notify the probation office of such court and shall forward a copy of the payment records and the amount of arrears to the prosecuting attorney; or
(D) In cases which are based upon a written agreement in which a person has agreed to provide support of a minor child, the child support receiver shall promptly notify the party designated in the agreement;"
SECTION 4.
Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant dis trict attorneys, is amended by striking in their entirety paragraph (4) of subsection (a) and paragraph (4) of subsection (b) and inserting in lieu thereof two new paragraphs to read as follows:
"(4) 'Prosecuting attorney' means a person who serves on a full-time basis as a district attorney; a person who serves on a full-time basis as an assistant district attorney, dep uty district attorney, or other attorney appointed by a district attorney of this state; a person who serves on a full-time basis as a solicitor-general or assistant solicitor-general of a state court or as a solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof; a person who serves as an attorney employed on a full-time basis by the Attorney General of this state; a person who serves as an attorney employed on a full-time basis by the United States Department of Justice; a person who serves as an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law; a person who serves on a full-time basis as an attorney employed by the Prosecuting Attorneys' Council of the State of Georgia; a person who serves on a fulltime contractual basis with the Department of Human Resources as an attorney em ployed as an assistant district attorney under Code Section 19-11-23 of Article 1 of Chap ter 11 of Title 19, the 'Child Support Recovery Act,' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' ~, and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act'; or a person who serves on a full-time basis as a third-year law student under the authority of Code Section 15-18-22."
(4) Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint at least one assistant district attorney to perform duties described specifically under Code Sec tions 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Article 2 of Chapter 11 of Title 19, the 'Uniform Recip rocal Enforcement of Support Act,:' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a con tract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provi sions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit."

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JOURNAL OF THE SENATE

SECTION 5.
Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing garnishment for support of a family member, is amended by striking in its entirety paragraph (3) and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Earnings' means compensation paid 01 payable foi peiyunal services, whethei dbiiuminated as any periodic form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, ui ulhmwibe, aiid~m= chides pejiodic payments puibuant to a pension ui letiiemenl piugiam workers' compen sation, disability, payments pursuant to a pension or retirement program, and interest."
SECTION 6.
Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by adding immediately following subsection (d) of Code Section 19-6-17, relating to an application for child support following a custody award, a new subsection (e) to read as follows:
"(e) Any payment or installment of support under any child support order is, on and after the date due:
(1) A judgment by operation of law, with the full force and effect and attributes of a judgment of this state, including the ability to be enforced;
(2) Entitled as a judgment to full faith and credit; and
(3) Not subject to retroactive modification."
SECTION 7.
Said chapter is further amended by striking in its entirety Code Section 19-6-26, relating to the procedure for modification of a permanent alimony judgment, and inserting in lieu thereof a new Code Section 19-6-26 to read as follows:
"19-6-26.
\Si) t>O luiij:J cts ct pcti't^y ci^ctiiisL wliGiii is iLtJinJ.ci"t:Cl ci jjtil llittiltJiiL dlllllGiYy ju.CJ.^iiicilt' i*(3IUHIlS in ur is domiciled in this state, the exclusive pioceduie for the modification uf the judg ment oliall uc u^ a \ji uCceumg instituted lui ouCii pui^ju&eo ill the supellul cuuit ui tlic
county ill which veime is piopei. As used in this Code section, the term:
(1) 'Child support order' means a judgment, decree or order of a court or authorized administrative agency requiring the payment of child support in periodic amounts or m a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order.
(2) 'Continuing, exclusive jurisdiction' means the authority and jurisdiction of a court to enter or modify a judgment, decree, or order for the payment of child support, as defined in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended.
(3) 'Foreign child support order' means a judgment, decree, or order of a court or au thorized administrative agency of another state requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order.
(4) 'Modification' means a change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to a child support order or foreign child support order.
(5) 'Moving party' means the party initiating an action for the modification of a child support order or foreign child support order.
(6) 'Nonmoving party' means the party not initiating an action for the modification of a child support order or foreign child support order.

TUESDAY MARCH 25, 1997

1587

(7) 'State'means a state of the United States, the District of Columbia, the Common

wealth of Puerto Rico, the territories and possessions of the United States, and Indian

Country as defined in 18 U.S.C. Section 1151'

~~

(b) No judgment uf any uthei slate ui foreign jurisdiction by which it ib attempted tu
muuily ajuugiiiciit ui lino aliilt; awaiuing pciiuciiiciil ciliiiiuji^y iui tlic suppuiL ui a. p<nl_y, n
uliiliiOi i;lnlilit;ii,ui IjuLli,will DG iccuginzidl vji t:nluiucvluy Lilt? Cum LSul Llnsstate. A
court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a child support order if the court has subject matter and personal jurisdiction to make such a child support order, and no previous support order has been entered by a court of competent jurisdiction with respect to the child or children named in the support order.

\C) lllio LyUlle ScCtlUll slldll cllJ^jly tu cill J UU^llldlLs lul ^JCL llltlldlL tillllluliy lul tllC OU^J^JUl t
uf a paity, a diild ui cluldien, ui bulb, tendered subsequent tu Maicli 9, 1955. A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering'a modi fication of a child support order issued by a court of this state if the child or children named in the child support order or any party to the action resides in this state.
(d) A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a modification of a foreign child support order if:
(1) The court has subject matter and personal jurisdiction over the nonmoving party; and
(2) The court of the state issuing the order sought to be modified no longer has continu ing, exclusive jurisdiction to modify said order as denned in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended'
(3) The parties file a written consent allowing the court to assume continuing, exclu sive jurisdiction. This Code section shall be interpreted to effectuate the provisions of Article 3 of Chapter 11 of this title.
(e) Jurisdiction within this state to enforce a child support order entered by or registered with a court of this state shall be vested concurrently in the court issuing such order, the court in the county where the person owing the duty of support may be found or is em ployed, and the court in the county where property may be found which is subject to seizure, sale, foreclosure, or other process for application toward the support obligation."

SECTION 8.

Said chapter is further amended by striking in their entirety subsections (b) and (c) of Code Section 19-6-28, relating to enforcement of orders, and inserting in lieu thereof new subsec tions (b) and (c) to read as follows:
"(b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-class mail, postage pre-paid, to the respondent at the respondent's last known address together with two copies of a notice and acknowledgment conforming substantially to the form specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the sender. If service is perfected by acknowledgment of service in this manner, the petitioner shall file with the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the petitioner within 26 ten days after the date of such mailing, the petitioner shall no tify the clerk of court and deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing es tablishes to the court that there is good reason why such person should not be so charged. A child support contempt motion shall be served upon a respondent with a notice that contains a date certain for hearing which shall be no later than 30 days from the date of service of the motion, unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days.

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JOURNAL OF THE SENATE

(c) The form for notice and acknowledgment under subsection (b) of this Code section shall be substantially as follows:
IN THE SUPERIOR COURT OF ______ COUNTY STATE OF GEORGIA

Plaintiff

)

Civil action

)

File no.

Defendant

) RULE NISI NOTICE AND
ACKNOWLEDGMENT

To: (insert the name and address of the person to be served)
The enclosed motion and rule nisi are served pursuant to Official Code of Georgia An notated Section 19-6-28.
You must complete the acknowledgment part of this form and mail one copy of the completed form to the sender within 20 ten days of the date of mailing to you, which date is set out below.
You must sign and date the acknowledgment. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signa ture your authority.
If you do not complete and return this form to the sender within 26 ten days, you or the party on whose behalf you are being served will be required to pay any expenses in curred in serving a summons and complaint in any other manner permitted by law unless good and sufficient cause is shown to the contrary.
If you do complete and mail this form, you or the party on whose behalf you are being served must appear and show cause why you should not be attached for contempt at the time required by the enclosed rule nisi.
I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt will have been mailed on the date set out below.
Signature

Date of mailing
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT
I declare, under penalty of perjury, that I received a copy of the motion and of the rule nisi in the above-captioned manner at (insert address).
Signature

Printed name of signer

Authority to receive service of process

Date of mailing"

TUESDAY MARCH 25, 1997

1589

SECTION 9.

Said chapter is further amended by striking in its entirety Code Section 19-6-28.1, relating to the suspension of, or denial of application or renewal of, certain licenses for noncompliance with a child support order, and inserting in lieu thereof a new Code Section 19-6-28.1 to read as follows:
"19-6-28.1.

(a) As used in this Code section, the term:

(1) 'License' means a certificate, permit, registration, or any other authorization issued

by the Department of Public Safety or any other licensing entity that allows a person

to operate a motor vehicle or, to engage in a profession, business, or occupation, or to

hunt or fish.

~

(2) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, to hunt or fish, or to engage in a profession, business, or occupa tion including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Part 2 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.

(b) In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support ar rears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to hunt or fish, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings. Evidence re lating to the ability and willingness of the respondent to comply with an order of child support shall be considered by the court prior to the entry of any order under this Code section.

(c) The court shall inform the respondent that competent proof for purposes of proving to a licensing or registering entity that the respondent is in compliance with the order for child support shall be written proof of payment by cash or a certified check, notice issued by the court, or notice from a child support receiver, if such receiver has been appointed."

SECTION 10.

Said chapter is further amended by striking in their entirety paragraphs (5) and (7) of Code Section 19-6-31, relating to definitions, and inserting in lieu thereof new paragraphs (5) and (7), respectively, to read as follows:
"(5) 'Income' or 'earnings' means compensation paid ui payable fui peisunal services, whethei denominated as any periodic form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, ui ulhei wise and includes peiiudic payments puisuant tu a pension ui reUiement piugi'diii workers' compensation, disability, payments pursuant to a pension or retirement program, and interest"
(7) TV-D agency' means the Office uf Child Suppuit Recovery Child Support Enforcement Agency of the Department of Human Resources and its contractors."

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JOURNAL OF THE SENATE

SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 19-6-32, relating to entering an income deduction order for an award of child support, and inserting in lieu thereof a new Code Section 19-6-32 to read as follows:
"19-6-32.
(a)(l) Aftei July 1, 1989, upun the appliuatiim lu the child sappuit (IV-D) agency, and upon the eiitiy of d. judgmtmt establishing, enfuiciiig, ui modifying a child biippuit obli gation ui spuubal Huppuit obligation uudei subsection (d) uf Code Section 19-11-0, the
wuui I, lelciec ui tlie uuuit, ui mlniiiiiticitivc licaiiiig ulliuci email cutei tt epaicite ui-
tld lui niuuiiitjilt:uui*tiuiiII uneliasllOtueen cutci cii.UO^jicS Ol tlicui uci bliallDG
sci veil un Llic uljligcc anil uuligui.11 tlie su^j^juit uiiltjr uiicutstliat BLi^j|jui"t jjci^y incuts
be made tinuugh the child suppuit receiver, the cuiut shall provide a cupy uf the suppuituidei to llieieceiver. Except as provided for in paragraph (1) of subsection (a.l) of this Code section, upon the entry of a judgment or order establishing, enforcing, or modifying a child support obligation or spousal support obligation through a court or an administrative process, a separate order for income deduction, if one has not been previously entered, shall be entered. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court, referee, or ad ministrative heai ing ufflcei lawjudge shall furnish copies of the support order and the income deduction order to the IV-D agency.
(2) For all child support orders or and spousal support orders uudei enforced pursuant to subsection (d) of Code Section 19^1-6 piioi tu July 1, 1989, the IV-D agency shall be authorized to issue an order for income deduction may be issued without need for any amendment to the order involved or any further action by the court or entity that is sued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative heaiing officei law judge is afforded. Such order may be issued electronically by the IV-D agency.
(3) All child support orders issued or modified before July 1, 1997, which are not other wise subject to income deduction shall become subject to income deduction upon the accrual of the equivalent of a 30 day arrearage, without the need for an administrative or judicial hearing or order.
(a.l)(l) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced miJtii bubbecliuii (a) uf this Cude sectiuu by the IV-D agency shall provide for the immediate withholding of such support from the wages of the parent person required by that order to furnish support unless:
(A) The court issuing the order finds there is good cause not to require such immedi ate withholding; or
(B) A written agreement is reached between both parties which provides for an alter native arrangement.
For purposes of this paragraph, any finding that there is good cause not to require immediaUi withholding must be based on at least a written determination that imple menting immediate wage withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders.
(2) All child support orders which are not described in subsection (a) of this Code sec tion or in paragraph (1) of this subsection shall, upon petition of either party to revise that order under Code Section 19-6-19 or to enforce that order under Code Section 196-28, be revised to include provisions for withholding of such support from the wages of the person required by the order to furnish that support if arrearages equal to one month's support occur accrue but without the necessity of filing application for services under Code Section 19-11-6.

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(3) Copies of income deduction orders issued under this subsection shall be served on the obligee, obligor, and the child support IV-D agency when payment is to be made to the agency.
(b) The income deduction order shall:
(1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the cotrrt support order to meet the obligor's support obligation;
(2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold a specific an additional amount until the arrearage is paid in full; and
(3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended.
(c) The inuume Income deduction ui Jbi uudW subsection (a) uf Lliis Guile secliuii is orders shall be effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement.
(d) The income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of the court.
(e) When the court orders the income deduction to be effective immediately, the court shall furnish to the obligor a statement of his or her rights, remedies, and duties in re gard to the income deduction order. The statement shall state:
(1) All fees or interest which shall be imposed;
(2) The total amount of income to be deducted for each pay period until the arrearage, if any, is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended;
(3) That the income deduction applies to current and subsequent payers and periods of employment;
(4) That a copy of the income deduction order will be served on the obligor's payor or payers;
(5) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and
(6) That the obligor is required to notify the obligee and, when the obligee is receiving Title IV-D services, the IV-D agency within seven days of changes in the obligor's ad dress and payors and the addresses of his or her payers.
(f) When the couit uiders Uie income deduction tu be is effective upon a delinquency in an amount equal to one month's support, or when an orHer for spousal or child support was in effect prior to July 1, 1989, the obligee may enforce the income deduction by serving notice of delinquency on the obligor. The notice of delinquency shall state:
(1) The terms of the support order;
(2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed;
(3) All fees or interest which may be imposed;
(4) The total amount of income to be deducted for each pay period until the arrearage and all applicable fees and interest are paid in full and state the total amount of in come to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protec tion Act, 15 U.S.C. Section 1673(b), as amended;

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(5) That a copy of the notice of delinquency will be served on the obligor's payer or payers, together with a copy of the income deduction order uulehh the ubligm applies tu the cuuit lu uunlust eafui cement uf Hie order. The obligor may apply to the court to contest enforcement of the order once the notice of delinquency has been served. The application shall be filed williin 15 days aftei Uie dale the nuliie uf delinquency was seived shall not affect the enforcement of the income deduction order until the court enters an order granting relief to the obligor;
(6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and
(7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payers. All changes shall be reported by the obligor within seven days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee.
The failure of the obligor to receive the notice of delinquency does not preclude subse quent service of the income deduction order on the obligor's payor. A notice of delin quency which fails to state an arrearage does not mean that an arrearage is not owed.
(g) At any time, any party, including the IV-D agency, may apply to the court, referee of the court, or administrative hearing uffluei law judge to:
(1) Modify, suspend, or terminate the order for income deduction because of a modifica tion, suspension, or termination of the underlying order for support; or
(2) Modify the amount of income deducted when the arrearage has been paid."
SECTION 12.
Said chapter is further amended by striking in their entirety subsections (a), (b), (c), (d), and (h) of Code Section 19-6-33, relating to notice and service of an income deduction order, and inserting in lieu thereof new subsections (a), (b), (c), (d), and (h), respectively, to read as follows:
"(a) The obligee or his or her agent shall serve an income deduction order and the notice to the payor, and in the case of a delinquency a notice of delinquency, on the obligor's payor unless, the ubligor has applied fui a healing tu contest Lhe enfuicemeiil uf the incuine deduitiuii uidei puibuanl tu subsection (c) uf this Code bectiuii. The obligor must be notified that withholding has commenced and how to contest the withholding?
(b) Service of the initial income deduction order by or upon any person who is a party to a proceeding under this Code section shall be made in yeisun by personal service, or by certified mail, return receipt requested, or by regular mail. Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail.
(c)(l) When the cuuit uideis the income deduction tu be is effective upon a delinquency in an amount equal to one month's support, the obligoi, within 15 days after seivlce uf a iiulice uf delinquency, may apply fui a hearing to the court to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The timely filing of the pleading shall stay Ihe beivice uf does not affect the enforcement of an income deduc tion order uu all payuib uf the ubligui uulil a heaiiiig is held and a detemilnaliuii is made a& to whetliei the enfui cement of the incume deductiuii is. piupei unless the court enters an order granting relief to the obligor. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the in come deduction on the obligor's payor.
(2) When an obligor timely requests a hearing to contest enforcement of an income deduction order, the court, referee, or administrative healing ufflcei law judge after due notice to all parties and the IV-D agency, if the obligee is receiving IV-D services,

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shall hear the matter within 26 30 days after the application is filed and shall not extend the time for hearing unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days. The court, referee, or administrative heaiing officer law judge shall enter an order resolving the matter within ten days after the hearing. A copy of this order shall be served on the parties and the IV-D agency if the obligee is receiving IV-D services. If the com I deter mines that service uf ail income JeJucUuu oidei is piupm, il shall specify the dale the
liiuuiue ueuuuliun uiuei must be seivtru un tilt: uullgOi o pci^yui.
(d) When a court, court referee, or administrative heaiiug ufficei law judge determines that an income deduction order is proper pursuant to subsection (c) of this Code section, the obligee or his or her agent shall cause a copy of the income deduction order and a notice to payor, and in the case of a delinquency a notice of delinquency, to be served on the obligee's payors. A copy of the notice to the payor, and in the case of a delinquency a notice of delinquency, shall also be furnished to the obligor."
"(h)(l) When an muumb deduction urdei is tu be biifuiuuJ against a payui located outside
tlic otcite, Hie uuligec wliu is ici;eiviiig 1 v -13 seivn-ca ui Ins agent sliall piumptly ici^ucaL llic ageiiv;^ ie&puilrilule lui muuiiit; ucuuctluli 111 llic utliei olale tu eiiluiut; llic liiiAmie ueuuuLlOli Oi tlei . llit; icnuesL k^liall uunLctiii till iiiiui iiialiiMi iicuessiii^ Lu eiilui ee Llie iiiuuiiit
UCLlU^LlVJll Ulllel, lllullllllll^ LllC cllllULLllL Lu UC |Jd lUilll^tlll^ UCUlluLcll, H UU^J^ Ui LllC U^J^JUlL
(2) VVlieii Llic 1V-L) ti^ciiuy i icLjueoleu by tlic tigcm-^ icopuiioiule lui iiiuuine ueuuttiun Til tlliuLllt;!' bLlLt; lAf Klliuiuc dit muuiilt^ llciluutluil UiLltJi ct^lllioL a ^jia^Ol 1 lui*att:ii ill LlllQ sLciLc lui lilt; LjciicliL Oi tin uuli^tjt; wliu 10 utjiiij^ ^jiuvulcil 1V--U sciviucs ijy Llie ttgdiu^ 111
the ulhm blate, the IV-D agency shall acl jjiumptly puibuanl to Qie applicable piuviuf this Cude sectiun.
\d) W lien 3.11 O Oli^ui WilO TS SubjGCt/ LO o-irTncuiiit; CLcuUCtfiuii Ox" del1 elilui'Ct;Cl ci^clliisL & jpayOl' lucfcibt;Ci m tillS Hlfcttc TOT Llie utilleliL OTt 3T1 Oulij^ec Wliu IS Jjcni^ pl'OV iileu 1 V ~J_/
sei vices \>y the agency lehpmisible fui iiicume deductiun in aiiolhei stale lei minalefe
lno icleiLiunsliip wiLli Ins pct_yui, the 1V-1J tigtiiic^y slicill nullify tlic agein^y in Llie utlici ESLExLc miu piuviue iL wiLli tlie ntmic cinu fciuuicsa ul tilt; uuligui anu Llic ciuuitiaa ul an^ new pa_yui ul Llic uuligui, il Knuwu.
(4) The pi ocudui al i ules and law s uf this slate guv em Llie pi ucedia al abpecLti uf iiicumn
ucu uutiuii ui uei wlienevt;! tilt: tigeutj^y lespunsiulc lui iiiuumc utjuuuLiuii in ttiiuLlici state lt?nut;LB Hit eiiluiueiiienL ui cin inCuiiie ucuUCLluii uiuci 111 tlna state. 1 he prOVJ-
sions of Article 3 of Chapter 11 of this title, the 'Uniform Interstate Family Support Act,' apply to all income deduction orders originating in this state and directed to an other state. In addition, the provisions of Article 3 of Chapter 11 of this title, the 'Uni form Interstate Family Support Act,' apply to all income withholding orders originating in another state and directed to this state."
SECTION 13.
Said chapter is further amended by adding immediately following Code Section 19-6-34 a new Code section, to be designated Code Section 19-6-35, to read as follows:
"19-6-35.
(a) As used in this Code section, the term:
(1) 'Child support obligee' means an individual to whom the payment of a child support obligation is owed and includes a custodial parent or caretaker of a child to whom such support obligation is to be paid or a governmental agency entitled by law to enforce a child support obligation on behalf of such parent, caretaker, or child.
(2) 'Child support obligor' means an individual owing a duty of support to a child or children, whether or not such duty is evinced by a judgment, order, or decree.

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(b) A child support obligee shall be regarded as a creditor, and a child support obligor shall be regarded as a debtor, as defined in Code Section 18-2-1, for the purposes of at tacking as fraudulent a judgment, conveyance, transaction, or other arrangement inter fering with the creditor's rights, either at law or in equity."
SECTION 14.
Article 2 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 the peti tion for legitimation of child, and inserting in lieu thereof a new Code Section 19-7-22 to read as follows:
"19-7-22.
(a) A father of a child born out of wedlock may render the same legitimate by petitioning tne 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. 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. Upon the presentation and filing of the petition, the court may pass an order declaring the 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. In addition, the court shall upon notice to the mother further es tablish 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.
(b) Consistent with the purpose of subsection (a) of this Code section, whenever the De partment of Human Resources petitions the superior court or other authorized trier of fact to establish paternity, the father may intervene to petition for the legitimation of the child born out of wedlock if the mother of the child consents to the filing of such legitima tion petition. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child. Issues of name change, visitation, and cus tody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child."
SECTION 15.
Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, is amended by striking in its entirety Code Section 19-7-40, relating to jurisdiction, and inserting in lieu thereof a new Code Section 19-7-40 to read as follows:
"19-7-40.
(a) The superior and state courts of the several counties shall have concurrent jurisdic tion in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law. Parties to an action to establish paternity shall not be entitled to a trial by jury.
(,Dj Wllfciic vei' LiltJ Jjtj^j cii' t intent OI .ti.uiiiici.il JrC^SuU.rct;S HUt;K.b tu critciljliBii Jjflt&riiil^'iGT tilG
Dt;iit;lit ul Si Cliilu lui~ wliOill j^uuliu i!3t)itit/&iiCt; is uclii^ i*t;Ct;-ivt;u. Or ti Ciiilu. wliO IS iiOt tilt;
recipient OI plluliC fcissiStclIICe WiiGse CU.StOQ13.il iiaS applied lui' SGrviCt:S lOi1 Llie Cililu., tile
puta.tive~iitlit;i* may VuluiitcU'lly waive 111 writingins I'ljjjllt to a ti'lo.1 u_y jury ill tlie sujjt;-
noi1 court and Cunstjiit to trro fctuiiiiriicJti'ativt; uetertiiiiiatiuiior pate I'M il^pursuantbo Chaptei 13 of Title 50 Whenever the Department of Human Resources seeks to establish paternity of a child, the Office of State Administrative Hearings shall have authority to

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adjudicate the issue of paternity, pursuant to Chapter 13 of Title 50, the 'Georgia Admin istrative Procedure Act'; provided, however, that if the putative father demands a trial by jury in the superior court, it shall be the duty of the judge to cause an issue to be made and tried by jury at the first session of the next term of court succeeding the putative father's demand for trial by juiy ui before the judgt; wUhuut a juiy duiing the same teim
ill Lilt cvcuL LliiL Llic ^JLlLfcttlvt Ic^Lilt^l lictVmg uiciilc ti ucmeiiiil lui Liidl u^ JLll'j' LllCicalLci'
withdraws haid Jumand. The administrative determination shall have the same force and effect as a judicial decree."
SECTION 16.
Said article is further amended by striking in its entirety Code Section 19-7-41, relating to service outside the state, and inserting in lieu thereof a new Code Section 19-7-41 to read as follows:
"19-7-41.
In a proceeding under this article, the court, pursuant to Chapter 11 of Title 9, may order service upon a person outside the state upon a finding that there is a constitutionally permissible basis for jurisdiction over the person, including those enumerated in Article 3 of Chapter 11 of this title aiihiug uul of Llie fact thai Lhe child was ixiuctiivtid as a lesull
ul cm ctuL ul otJALitil niLciUULIIst: wiLlmi LiiiS sttiLt; wliilt: titlitil jpaxcuL was a leaijcut ul lliis
state and the peisun uu whum seivice is lequiied is the alleged father uf the child."
SECTION 17.
Said article is further amended by striking in its entirety Code Section 19-7-43, relating to a petition to establish paternity, and inserting in lieu thereof a new Code Section 19-7-43 to read as follows:
"19-7-43.
(a) A petition to establish the paternity of a child may be brought by:
(1) The child;
(2) The mother of the child;
(3) Any relative in whose care the child has been placed;
(4) The Department of Human Resources in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or
(5) One who is alleged to be the father.
(b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this article, between an alleged or presumed father and the mother or child does not bar a petition under this Code section.
(c) If a petition under this article is brought before the birth of the child, all proceedings shall be stayed until after the birth except service of process, discovery, and the taking of depositions."
(d) In any case involving child auppuit in which the paternity of a child is made au issue or children has not been established, any party may make a motion for the court to the cumt, in its disuibtion, may order the mother, the alleged father, and the child or chil dren to submit to bluud genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be is sued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established.

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(e) In any case in which the paternity of a child or children has not been established, the Department of Human Resources may order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. The request for the order shall be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. The parties shall be given notice and an opportunity to contest the order before the department prior to the testing or the imposition of any noncooperation sanction.
(f) In any case in which the court or the department orders genetic testing, the depart ment shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment of the cost of the test at the time of the request."
SECTION 18.
Said article is further amended by striking in its entirety Code Section 19-7-45, relating to blood tests, and inserting in lieu thereof a new Code Section 19-7-45 to read as follows:
"19-7-45.
Ab suuix as piaclicable aftei ail action has been biuught, the cuuit, upon muliuii uf the peUtiuaui, the respondent., ui aiiy other inteiesled paily, may order the moLhei, the al-
It^ud lEltiier,ttilutil6 CililCl to S U billit tO cui^DlOuLl tuStS,lild uuiii^f cHlJ' Or tilG typ&S01
tGStliig Sjjcc-iilGCi 111 Su-UstjCtlGii \>j) OX (--/Otic ocCtiuii -LI? r^*lU, wlilCli cue -fOSSGIlclDJ-y ctCC6SSl~
Dlt;. Xii~Cfl,S6S in wJ.ilC.tl lilt; JJtijjekrtlileiit 01 liUllltili IxesuillCeS IS tilt; petltluilt;i' jjU-lSLiiiil tO
paiagraph (4) uf subsetUun (a) uf Code Section 19-7-43, the cuuit shall upon muliuii of
illlj' jjttltyto tiit; iiCtlOIi Oi'uci" tile motlici1 ) tllti cllle^tju liltiiei1 , iiiCt tllG CJllJti tu SUDIilit tu
SUCii LJlOOu. tGStS. it tilt; uuUl't uiud'S tilt; ulOOu. tests 11111 ii tilt; ttutiOii 18 DTGliglit pi'iul" tO
Lhe biilh uf the child, the cuuit shall uidei the bluud tests made as suou aa medically feasible dflei Qie biiih. All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43 and 19-7-46. In all cases such tests must be conducted by a laboratory certified by the American Association of Blood Banks. When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualifled immunologist, or other qualified person. Upuu uiotiun by a paity, the court may
ui tlt;i' tlictt iniit?^Jdiilt;iiL teats Ijc jjt;i lui iiicd Dy uLliei CA|JCI Ls mjctlilictl SS tAtiiiiiiici ci Or
bluud Lypus. In all cases, however, the court shall determine the number and qualifica tions of the experts. In all cases the result shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a blood genetic test, the court may dismiss the action upon motion of the respondent."
SECTION 19.
Said article is further amended by striking in its entirety Code Section 19-7-46, relating to evidence at trial, and inserting in lieu thereof a new Code Section 19-7-46 to read as follows:
"19-7-46.
(a) The results of medical tests and comparisons ordered by the court, including the sta tistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity bluud genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available,

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shall be admitted in evidence when offered by a duly qualified, licensed practicing physi cian, duly qualified immunologist, duly qualified geneticist, or other duly qualified person.
(b) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic test ing which establishes at least a 97 percent probability of paternity. The rebuttable pre sumption of paternity can be overcome by the presentation of competent clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes.
(c) Evidence of a refusal to submit to a bluinJ genetic test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child.
(d) An expert's opinion concerning the time of conception is as admissible as is other expert testimony.
(e) Testimony relating to sexual access to the mother by any person on or about the prob able time of conception of the child is admissible in evidence.
(f) Other relevant evidence shall be admitted as is appropriate."
SECTION 20.
Said article is further amended by striking in its entirety Code Section 19-7-46.1, relating to the name or social security number on birth certificate or other record as evidence of paternity, and inserting in lieu thereof a new Code Section 19-7-46.1 to read as follows:
"19-7-46.1.
(a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, en tered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establish ment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity.
ID) illiS CJodC;StJULiuu slitill uE fci|j|jliCciulu Lu u.liy'"ptjLiLiuii LO GSlttullisii Llie ]j<ltt;iliiiUy OI tt
child filed uu ui after July 1, 1992 When both the mother and father have signed a volun tary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry Established by subsection (d) of Code Section 19-11-9, the acknowledg ment shall constitute a legal determination of paternity, subject to the right of any signa tory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a Tergal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-5L
(c) After the 60 day rescission period specified in subsection (b) of this Code section, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. The legal responsibilities of any signatory, including child support obligations, arising from the acknowledgment may not be suspended dur ing the challenge, except for good cause shown?'
SECTION 21.
Said article is further amended by adding immediately following Code Section 19-7-46.1 a new Code section, to be designated Code Section 19-7-46.2, to read as follows:

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"19-7-46.2.
(a) Upon motion by a party to a paternity action, a temporary order shall be issued in accordance with the guidelines prescribed in Code Section 19-6-15 if there is clear and convincing evidence of paternity. Such temporary order with be valid pending an admin istrative or judicial determination of parentage.
(b) All child support payments made pursuant to the temporary order prescribed in sub section (a) of this Code section shall be paid to the court which shall deposit the amount of the payment in a separate account in a bank approved as a federal depository. Such bank shall hold the amount as a special escrow fund and, except as provided in this Code section, shall not distribute any portion of the payment to any party to the action. Each full payment made into the escrow account pursuant to this Code section shall be effec tive to discharge any duty of the putative father to pay the ordered child support amount.
(c) Upon final judgment in a paternity action that the alleged putative father is the fa ther of the child, the court shall order that the amount retained in the special escrow fund shall be paid to the appropriate person or entity along with any interest that may have accrued.
(d) Upon final judgment in a paternity action that the alleged putative father is not the father of the child, the amount retained in the special escrow fund shall be returned to the putative father along with any interest that may have accrued."
SECTION 22.
Said article is further amended by striking in its entirety subsection (c) of Code Section 197-49, relating to a decree of paternity, and inserting in lieu thereof a new subsection (c) to read as follows:
(c) vvlit:!c the issue ul ^mienltigt; is tu uc ucuiutrd tjy <ajui\y, wlieie tlic xt;sult ui uluOu Lusts <iiiilCOm^jcii IDUIIO 11 e nut oliuwii tO uc iiii;uiibiolt^iiL wiLIi Hiei t^sults Oi <Aiiy uLlid
LlluUU tcsLS ctllll cOlll^Jtll'lOL'llS, 11111 Wiltjlt Lilt: le&ulLs ul LllUBt: Uluull ItJolo CHILL UUlll^lcli 1CJU11S
indicate 1,1ml the alleged paient cannot be the iiatmal paitmt uf the child, thu juiji shall
uu instructed, tlidt, II tiiey ueiii;V"6 tllat tlie witness pi'eSeirtlllg tiie i*t;Sults ItJstifieCl ti'utllIlllly cTS tO tilOSfei*CB ultS iillu.TT tiie_y DGllGVG tlicit til 6 CtiStS ctnu COlHp3.i*ic>Oiib \V61"6 COH-
ClutttJLi jj^upt;!1!^, it Will uc Llln3ir duty tO C16C1Q6 tlliit tiic o.llG6u. jj^-l'tiilL is ilOt tlic Iicitu.iLal
parent. The trier of fact shall receive without foundation or the need for third-party testi mony evidence of costs of pregnancy, child birth, and genetic testing. The evidence so presented shall constitute prima-facie evidence of amounts incurred for such services or for testing on behalf of the child. The court may award such costs as part of its final decree."
SECTION 23.
Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," is amended by striking in its entirety Code Section 19-11-3, relating to definitions, and inserting in lieu thereof a new Code Section 19-11-3 to read as follows:
"19-11-3.
As used in this article, the term:
(1) 'Court order for child support' means any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise.
(2) 'Department' means the Department of Human Resources.
(3) 'Dependent child' means any person under the age of 18 who is not otherwise eman cipated, self-supporting, married, or a member of the armed forces of the United States.
(4) 'Duty of support' means any duty of support imposed or imposable by law or by court order, decree, or judgment.

TUESDAY MARCH 25, 1997

1599

(5) TV-D' means Title IV-D of the federal Social Security Act.
(6) TV-D agency' means the Child Support Enforcement Agency of the Department of Human Resources and its contractors.
(5)(7) 'Parent' means the natural or adoptive parents of a child and includes the father of a~child born out of wedlock if his paternity has been established in a judicial proceed ing or if he has acknowledged paternity under oath either in open court, in an adminis trative hearing, or by verified writing."
SECTION 24.
Said article is further amended by striking in its entirety subsections (b) and (d) of Code Section 19-11-9, relating to the location of absent parents by the Department of Human Resources, and inserting in lieu thereof new subsections (b) and (d) to read as follows:
"(b) The department is to serve as a registry for the receipt of information which directly relates to the identity or location of absent parents, to assist any governmental agency or department in locating an absent parent, to answer interstate inquiries concerning de serting parents, to coordinate and supervise any activity on a state level in search for an absent parent, and to develop guidelines for coordinating activities of any governmental department, board, commission, bureau, or agency in providing information necessary for location of absent parents and is to process all requests received from an initiating county or an initiating state which has adopted the Uiiifuim Recipiocal Eiifui cement uf Suppuit Act Uniform Interstate Family Support Act or a law substantially similar to the Uniform Interstate Family Support Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act?1
"(d)(l) There is established within the department a putative father registry. The pu tative father registry shall record the name, address, and social security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court or administrative agency of competent jurisdiction. A voluntary acknowledgment of paternity may be rescinded pursuant to the provisions of Code Section 19-7-46.1.

uiubt include a declajatiuii thai, to Lhe bebt of hit, knowledge and belief, the legialiant
is iiut tlit; faUit:!1 Ol tll6 Halllfeu ollilcl ui trial 'A COUiLt liau duJUuluiiLeu pfl.terHlljf cUlu
someone othui Lhaii the legisUaiit has been determined tu be the falhei uf the child. Revocation shall only be effective dflui LhebiiLh uf the child The department is author ized to prescribe the notices, forms, and educational materials to be used for entities that may offer voluntary paternity establishment services."
SECTION 25.
Said article is further amended by striking in its entirety Code Section 19-11-9.1, relating to the duty to furnish information about an obligor to the Department of Human Resources, and inserting in lieu thereof a new Code Section 19-11-9.1 to read as follows:
"19-11-9.1.
(a) Any state ui local agency ui piivale employe! uf this slate entity in this state includ ing for profit, nonprofit, and governmental employers, upon the request of the depart ment and its authorized contractors, shall provide the department with information regai ding , including the name, address, srrd social security number, employment, com pensation, and benefits regarding of a person owing or allegedly owing an obligation of support for a dependent child. In addition tu tlie piecbding infui matiuii, if the case in-
VUIVKS cl JJC1 Hull i't^UdVIllg ^JLlOllC clBBlBLtlilUe, lilt? Clll^jlu^t;! sllclll clloU ^JiUVltlc lIlluHiltlLlUll
1 C^ll lllllg Ctll lllllga. UlC UC^JCli LlllKllt UJJUH ICUCl^lt ul lllib llliul'illtllUUL LLl&y LlLHfi.C it CIVilll-
able only to the appiopjIaU- ufllcialb or agency uf lldb blate 01 any ulliei slate updating a
piLOgi'a.iii pUisua.111 to litle IV-D ui tlie leuGral oOCial oeuui'itj Act.

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(b) Except as may be prohibited under the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., the IV-D agency may require disclosure of information, including the location, employment, title to property, credit status, or professional affiliation to assist the IV-D agency in locating a custodial parent or noncustodial parent. The IV-D agency may require such disclosure from any state or local government agency; state, county, or municipal registry of deeds or titles; registry of vital records and statistics; utility company regulated by the Georgia Public Service Commission; tax assessor's of fice; housing authority; employer; professional or trade association; labor union; profes sional or trade licensing board; or credit bureau or agency. Information furnished by a telephone company, however, shall be limited to the address and telephone number of an obligor or obligeeT
(c) The IV-D agency may request from any employer or other person or entity providing a source of income which the IV-D agency has reason to believe employs an obligor or obli gee or otherwise provides the obligor or obligee with regular periodic income information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The IV-D agency shall not inquire of an employer or other person or entity providing a source of income concerning the same obligor or obligee more than once every three months"
(d) The department upon receipt of information collected pursuant to this Code section may make such information available only to the appropriate officials or agency of this state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act. Information collected by the department pursuant to this Code section shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50.
(e) No employer or other person or entity providing a source of income who complies with this Code section shall be liable in any civil action or proceeding brought by the obligor or obligee on account of such compliance'
(f) Responses pursuant to this Code section may be made by paper, facsimile, magnetic tape, or other electronic means.
(g) The failure of any individual or entity, without reasonable cause, to provide the IV-D agency with the information requested under this Code section within 14 days after such information is requested or a willful false response to a request pursuant to this Code section shall be punishable by a penalty to be assessed by the IV-D agency or by a court of competent jurisdiction in the amount of $100.00 for each such failure or false response."
SECTION 26.
Said article is further amended by striking in its entirety Code Section 19-11-9.2, relating to the duty of employers to report the hiring or rehiring of persons to the state support registry, and inserting in lieu thereof the following:
"19-11-9.2.
(a) Effective July 1, 1993, employers doing business with suvtm ui muie euujluyeeb in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources:
(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and
(2) The hiring or return to work of any employee who was laid off, furloughed, sepa rated, granted leave without pay, or terminated from employment.
(b) Employers are not required to report the hiring of any person who:
(1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or

TUESDAY MARCH 25, 1997

1601

(2) Will have gross earnings of less than $300.00 in every month.
(c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within ten days of the hiring, rehiring, or return to work of the employee. The report shall contain:
(1) The employee's name, address, social security number, and date of birth; and
(2) The employer's name, address, and employment security number or unified busi ness identifier number.
An employer who fails to report as required under this Code section shall be given a written warning.
(d) Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the registry shall retain the information for a particu lar employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obliga tion or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed.
(e) The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting.
(f) The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the de partment, including, but not limited to, the Aid tu Families with Dependent Childieii Temporary Assistance for Needy Families program and the food stamp program.
(g) The Department of Labor shall be entitled to have access to this employment registry for the limited purpose of determining the employment status of persons applying for or receiving unemployment compensation benefits and for the collection of delinquent un employment contributions and overpayment of unemployment benefits.
(h) The Department of Administrative Services shall administer this registry and shall provide computer access to the authorized users. The Department of Administrative Services shall be authorized to apportion the costs of the registry between the users.
(ij M IllS xJOtit; ScCtlOU Sxia.ll Dt; r&pGa,lt;Cl 111 its Giltii'cL^y ellc^LiVfe IVla^ T^ li/i? /.
SECTION 27.
Said article is further amended by striking in its entirety Code Section 19-11-15, relating to voluntary support agreements, and inserting in lieu thereof new Code Sections 19-11-15 and 19-11-15.1 to read as follows:
"19-11-15.
(a) When the department has completed its investigation, lias applied thu standard es tablished puisuauL tu Cude Section 19-11-12 Lu an absent, paieiit has determined the ability of the absent parent to support his or her child or children in accordance with guidelines prescribed in Code Section 19-6-15, and believes that the absent parent is able to furnish a certain amount of support, the department may, as an exception to Code Section 9-12-18, request the absent parent to aglet! in willing enter into a proposed con^ sent order and "income deduction order to provide the support amount aluiig with ariH accident and sickness insurance coverage consistent with Code Section 19-11-26 prior to the filing of an action with the superior court. The orders may not be set aside on the grounds that the parties consented thereto prior to the filing of the action. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a vuluntaiy buppuii agreement proposed consent order from the parent, the department ui its designated heaiiug ufllcBi may file an action in superior court or may cuiiduct initiate an administrative heaiiug lu ueleiuime finally the
dUil-ity IO &i_i^jjJui'L, Lliti ciuiliCy tO Jii'uviClc ctCClU.t^ii.1 cLilu SlCKj.ictiS llisui'&iiCi' (XJVd'ii^c, ollu

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JOURNAL OF THE SENATE

the amuuul of suppoit action pursuant to Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.'
(b) The administrative hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing.
(c) Wlibiujvui the Jepai tmeut, aftei a healing, determines the amount of support and the
ttuilitj/ tu piuviut; ttuuiuciit ciliu oiuk-iicoo iiisuictiiue uuvtuagt;, it alicill deliver Hit; ueteiim-
natiuu The determination of the administrative law judge regarding the ability to pro vide support and the ability to provide accident and sickness insurance coverage shall be delivered to the absent parent personally or shall send it be sent by regular mail. The final order shall include an order for income deduction consistent with Code Sections 196-30 through 19-6-34, and shall inform the absent parent in plain language:
(1) That failure to support may result in the foreclosure of liens on his or her personal or real property, in garnishment of his or her wages or other personalty, or in other collection actions; and
(2) That he the absent parent has the right to appeal the determination within 30 days.
(d) The final administrative order for support shall have the full force and effect of an order of a superior court of this state and shall be enforceable upon filing with such court under an action for contempt. All other remedies available under the law shall be avail able for the enforcement of such administrative ordersT
19-11-15.1.
The IV-D agency shall provide individuals who are applying for or receiving services under this article, or who are parties to cases in which services are being provided under this article, with the following^
(1) Notice, pursuant to Title IV-D of the Social Security Act and regulations thereun der, of all proceedings in which support obligations might be established or modified; and
(2) A copy of any order establishing or modifying a child support obligation or, in the case of a request for review or modification, a notice of determination that there should Fe no change in the amount of the child support award within 14 days after issuance of such order or determination."

SECTION 28.

Said article is further amended by striking in its entirety Code Section 19-11-18, relating to child support liens, and inserting in lieu thereof a new Code Section 19-11-18 to read as follows:
"19-11-18.

(a) A child suppuit lien in favui uf the depajtmeiit shall attach to all pers

j^jiu^jei \*y Ortlit; ico^juiiDiulc ^j'Cii entn lit?licis laileLlto incline iiiiy dull! oup

_

williiii 30 uci^S ailt;i it i due, unless lie 1ms appemed, ill wliidi event tlie lien citlatlies il

lie iaila tu })&y williiii 30 dtiyo altei llic judgmeiit ul tlic uuuiL culii iniiig llic ueptil tmciit s

decision. The IV-D agency, in accordance with Title IV, Part D of the federal Social Se

curity Act, is authorized to institute collection procedures for all arrearages which have

accrued against child support payments owed pursuant to a judgment or support order of

a court or an order from a IV-D agency of competent jurisdiction. These collection proce

dures shall include, but not be limited to, notification of employers that a wage assign

ment is in effect and not suspended; notification of obligor; demand letters; use of state

and federal income tax refund intercept programs; initiation of contempt proceedings; the use of liens, levies, and seizures as provided in subsections (b) and (c) of this Code

section; the use of the services of any person providing collection services to the depart

ment; seeking warrants in appropriate situations; attachment or lien against property;

TUESDAY MARCH 25, 1997

1603

civil actions to reach and apply; and any other civil or administrative remedy available for the enforcement of judgments or for the enforcement of support or custody orders.

(b) The Jepai Uiiuiit must tile its claim uf lien within lliibb mouths fium (1m Lime it altadieb lu the piupei ly uf the yaiuiit. The claim uf lien must be filed with the cleik uf the
Siipc.T101T uuu.it ul tiit^ CGU.HVy ill WillCli tlit: projiei'ty IS lutj&Ltiu LIIQ feritill sLcitt; flS iGllGws.

Hie ottltS OI (jrt:Or,T.k, Efy tlife Uejien'tulcllt Oi HilIUciii rwJSGui'CeS, Ci&lUlS 3 riGIi ITT tlT.6

31110 mil OI

Oil Llit;

(,Q6SCrit)tS prujJtJi'ty) ul

(.UHlUt; ul pir~

eat) fui child suppuit owud tu bib dependent ihilJien and public assistance moneys

pcud tu Ins uliiluieii by tlic Diipm tiiiclil ul Hainan IxeSOuiCcS.

(1) A child support obligation which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodi cally. An amount of restitution established by a court or an administrative agency of competent jurisdiction shall be due and payable as of the date such amount is estab lished. Such lien shall incorporate any additional child support obligation on the date it becomes due and shall not terminate except as provided in paragraph (5) of this subsection. Upon recordation or registration in accordance with paragraph (3) of this subsection, such lien shall encumber all tangible and intangible property, whether real or personal, and any interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises shall be subject to such lien, subject to the limitations provided in paragraphs (3) and (5) of this subsection.

(2) When the IV-D agency determines that child support is unpaid, it shall send writ ten notice to the obligor by first-class mail, if the address is known to the IV-D agency, no less frequently than once a year. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the IV-D agency within 30 days of the date of the notice. If the obligor files a timely written request for an administra tive review, the IV-D agency shall conduct the review within 21 days of said request and shall not conduct further administrative enforcement action under this subsection^ until the review is completed. If the obligor has failed to keep the IV-D agency in formed of his or her address as required by Code Section 19-6-32 and the agency can not otherwise determine the current address of the obligor from other available information, the agency may proceed under the provisions of paragraph (4) of this subsection.

(3) The filing of a notice of a lien or of a waiver or release of a lien shall be received and registered or recorded without payment of a fee. The IV-D agency may file notice of a lien or waiver or release of a lien or may transmit information to, or receive informa tion from, any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. The perfected lien shall not be subordinate to any recorded lien except a lien that has been perfected before the date on which the child support lien was perfected; provided, however that the IV-D agency may, upon request of the obligor, subordinate the child support lien to a subse quently perfected lien, security deed, or mortgage. To assist in the collection of a debt, the IV-D agency may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation. A notice of a lien shall be filed as follows!

(A) With respect to real property, the IV-D agency shall file notice of a lien in the county where property is located or in the county where the obligor resides. TTie social security number of the obligor shall be noted on the notice of lien. The filing shall operate to perfect a lien when duly recorded and indexed in the grantor index or when registered, as the case may be, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded or registered. A

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special index for liens created under this chapter shall be maintained in each registry of deeds. If the obligor subsequently acquires an interest in real property, the lien shall be perfected upon the recording or registering of the instrument by which such interest is obtained in the registry of deeds in the county where the notice of the lien was filed within six years prior thereto. A child support lien shall be perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the registry of deeds where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded or registered first; and
(B) With respect to personal property, the IV-D agency may also file notice of a child support lien with the social security number of the obligor noted thereon with the Secretary of State, Motor Vehicle Division of the Department of Revenue, or office or agency responsible for the filing or recording of liens.
(4) If the collection of any unpaid child support will be jeopardized by delay as deter mined by the commissioner of'human resources or his or her designee, the IV-D agency sEall proceed forthwith to collect such unpaid child support by perfecting a lien under paragraph (3) of this subsection or by executing levy or seizure of property under para^ graph (1) of subsection (c) of this Code section or by any other available remedy with out respect to the 30 day notice period provided in paragraph (2) of this subsection.
(5) A lien under this chapter shall expire upon payment in full of the unpaid child support covered by the lien upon release of the lien by the IV-D agency, or six years from the date on which such lien was first perfected, whichever is earlier. Expiration of the lien shall not terminate the underlying order or judgment of child support. Liens may be extended for additional periods of six years each by recording or register ing, within one year before the expiration of the unexpired lien, a further notice of the lien, as provided in paragraph (3) of this subsection, without affecting the priority of such lien. The IV-D agency may issue a full or partial waiver or release of any lien imposed under this Code section. Such waiver or release shall be conclusive evidence tHat the lien upon the property covered by the waiver or release is extinguished. The IV-D agency shall issue a release of any lien imposed under this Code section within 30 days of payment in full of the unpaid child support covered by the lienT
(c)(l) If any obligor against whom a lien has arisen and has been perfected under para graph (3) of subsection (b) of this Code section neglects or refuses to pay the sum due after the expiration of the 30 day notice period specified in paragraph (2) of subsection (57 of this Code section, the IV-D agency may collect such unpaid child support an5 levy upon all property as provided in this subsection. For the purposes of this subsec tion, the word levy' shall include the power of distraint and seizure by any means. A person in possession of property upon which a lien has priority Under paragraph (3) of subsection (b) of this Code section which has been perfected shall, upon demand, sur render the property to the IV-D agency as provided in this subsection. A levy on prop erty held by an organization with respect to a life insurance or endowment contract shall, without necessity for surrender of the contract document, constitute a demand Ey the IV-D agency for payment of the amount of the lien and the exercise of the right oTthe obligor to the advance of such amount. Such organization shall pay the amount 90~days after service of notice to levy. The levy shall be deemed to be satisfied if the organization pays to the IV-D agency the full amount which the obligor could have had advanced to him or her, provided that the amount does not exceed the amount of the lien.
(2) Whenever any property upon which levy has been made is not sufficient to satisfy trie claim of the IV-D agency for which levy is made, the IV-D agency may thereafter, as often as may be necessary, proceed to levy, without further notice, upon any other property of the obligor liable to levy upon first perfecting its lien as provided in para graph (3) of subsection (b) of this Code section, until the amount due, together wrtE expenses, is fully paid. With respect to a seizure or levy of real property or tangible personal property, the IV-D agency shall proceed in the manner prescribed by Chapter

TUESDAY MARCH 25, 1997

1605

13 of Title 9 to the extent that such statutes are not inconsistent with the provisions of tFis subsection. The IV-D agency shall have any rights to property remaining after satisfying superior perfected liens, as provided in paragraph (3) of subsection (b) of this Code section.
(3) Upon demand by the IV-D agency, a person who fails or refuses to surrender prop erty subject to levy pursuant to this subsection shall be liable in his or her own person and estate to the state in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, together with costs and interest at the rate Hue on a judgment from the date of the levy The interest or costs incurred under this paragraph shall be paid to the state and shall not be credited against the child support liability^
(4) Any person in possession of, or obligated with respect to, property who upon de mand by the IV-D agency surrenders the property or discharges the obligation to the IV-D agency or who pays a liability to the obligor under this subsection, shall be discEarged from any obligation or liability to the obligor arising from the surrender or payment. In the case of a levy on an organization with respect to a life insurance or endowment contract which is satisfied pursuant to this subsection, the organization sEall be discharged from any obligation or liability to any beneficiary arising from the surrender or payment.
(5) In any case where there has been a refusal or neglect to pay child support or to discharge any liability in respect thereto, whether or not a levy has been made, the IVD agency, in addition to other forms of relief, may file a civil action in the superior court which originally entered the order for child support to enforce the lien under this subsection The filing of a civil action shall not preclude the IV-D agency from enforc ing the child support order through the use of any administrative means permitted by federal or state law.
(d) The IV-D agency shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy, or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied, or seized, the time period within which to respond to such notice, and include the name of the court or administrative agency of competent jurisdiction which entered the child support order.
(e) Any person aggrieved by a determination of the IV-D agency pursuant to paragraph (2) or (4) of subsection (b) of this Code section may, upon exhaustion of the procedures for administrative review provided in subsection (b) of this Code section, seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support under this Code section. The court may review the proceedings taken by the agency under the provisions of this Code sec tion and may correct any mistakes of fact, but the court shall not reduce or retroactively modify child support arrears."
SECTION 29.
Said article is further amended by striking in its entirety Code Section 19-11-30, relating to the confidentiality of information and records, and inserting in lieu thereof a new Code Section 19-11-30 to read as follows:
"19-11-30.
(a) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor.
(b) The department shall establish safeguards against the unauthorized use or disclosure of information relating to:

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JOURNAL OF THE SENATE

(1) Proceedings or actions to establish paternity;
(2) Proceedings to establish or enforce support;
(3) The whereabouts of one party to another party against whom a protective order with respect to the former party has been entered; ari5
(4) The whereabouts of one party to another party if the department has reason to Believe that the release of the information may result in physical or emotional harm to the former party?5
SECTION 30.
Said article is further amended by adding immediately following Code Section 19-11-30 the following new Code sections, to be designated Code Sections 19-11-30.1 through 19-1130.11, to read as follows:
"19-11-30.1.
The Department of Administrative Services shall establish a computer based registry of account data obtained from financial institutions doing business in this state. Such reg istry shall include only identifying information for obligors whom the IV-D agency be lieves owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. Such registry shall be known as the Department of Administrative Services Bank Match Registry. The IV-D agency shall be the sole agency with access to this data. Access shall be for the purpose of establishing and enforcing orders for support. The Department of Administrative Services is authorized to enter into an agreement with the department establishing the procedures and the costs to be paid by the department to the Department of Administrative Services for performing the data searches and for provid ing the data to the department's IV-D agency.
19-11-30.2.
(a) As used in Code Section 19-11-30.1, this Code section, and Code Sections 19-11-30.3 through 19-11-30.11, the term:
(1) 'Account' means a demand deposit account, checking or negotiable order of with drawal account, savings account, time deposit account, or a money market mutual fund account.
(2) 'For cause' means that the department has reason to believe that an individual has opened an account at a financial institution listed in paragraph (3) of this subsection.
(3) 'Financial institution' means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit com panies, trust companies, and any money market mutual fund.
(4) 'Money market mutual fund' means every regulated investment company within the meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 CFR 270.2A-7.
(b) The Department of Administrative Services shall, pursuant to the provisions of sub section (f) of this Code section, request from each financial institution, not more fre quently than on a quarterly basis, the name, record address, social security number, and other identifying data for each person listed in such request who maintains an account at such financial institution. The data provided shall be sent to the Department of Admin istrative Services Bank Match Registry. Such registry shall include only identifying in formation for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. The Department of Administrative Services shall update such listing every calendar quarter by removing the names of all persons who have had no prior matches in the two immediately preceding quarters.

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(c) The Department of Administrative Services may continue to request account matches on such removed names once a year for the two calendar years immediately following the year in which the names are removed or for cause.
(d) All requests made by the Department of Administrative Services pursuant to subsec tion (b) or (c) of this Code section shall be in machine readable form unless a financial institution expressly requests the department to submit the request in writing. The fi nancial institution shall furnish all such information in machine readable form, which meets criteria established by the Department of Administrative Services, within 30 days of such request. Each financial institution shall furnish all such information on those persons whose accounts bear a residential address within the state at the time such re quest is processed by the financial institution.
(e) In no event shall a request for identifying information be made to a financial institu tion on anyone other than an obligor whom the Department of Human Resources has a good reason to believe owes child support and who is not under a child support order, or an obligor who is delinquent in an amount equal to or in excess of his or her support payment for one month.
(f) The Department of Human Resources shall enter into agreements with financial insti tutions doing business in this state to develop and operate a data match system to the maximum extent feasible for the providing of the needed information to the department by the financial institution. At a minimum, the department shall identify the obligor by name and social security number or other taxpayer identification number. If the geo graphic region of an obligor is known by the Department of Human Resources, and that department shall make an effort to determine the geographic region of an obligor, the department shall initially limit its request to the financial institution or institutions within that geographic region prior to making additional requests to other financial insti tutions in other geographic regions of the state. The department may pay a reasonable fee to the financial institution for conducting the searches required herein not to exceed the actual costs incurred by the financial institution.
19-11-30.3.
The Department of Administrative Services Bank Match Registry shall examine the data provided, make positive identification of cases submitted by the Department of Human Resources for child support enforcement purposes, and report the matched accounts to the Department of Human Resources in machine readable form. Upon the receipt of such information, the Department of Human Resources, and where appropriate local contractors, shall seek to verify the accuracy of the information presented.
19-11-30.4.
No employee or agent of the state shall divulge any information collected pursuant to Code Sections 19-11-30.1 through 19-11-30.11 to any public or private agency or individ ual except in the manner prescribed in this Code section. Information may be disclosed and shared by and between any employee of an administering agency and any subgrantee, local administering agency, or contractor performing child support enforcement functions under the provisions of Title IV-D of the federal Social Security Act. Unauthor ized disclosure shall be punished pursuant to Code Section 19-11-30.
19-11-30.5.
Any financial institution required to submit a report pursuant to Code Section 19-11-30.2 which fails without reasonable cause as determined by the Department of Administra tive Services to comply with such reporting requirements and which, after notification by certified mail by the Department of Administrative Services, return receipt requested, of such failure, continues for more than 15 business days after the mailing of such notifica tion to fail to comply without reasonable cause shall be liable for a penalty of $1,000.00. Any financial institution which willfully provides false information in reply to such notifi cation shall be liable for a penalty of $1,000.00.

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19-11-30.6.
The commissioner of administrative services, in cooperation with the IV-D agency, shall establish a program of wage and bank information sharing with other states. The com missioner is authorized to enter into reciprocal agreements with other states to share lists of absent parents who owe support payments to the IV-D agency. Such reciprocal agreements shall only be made with states which administer programs that the commis sioner of administrative services, in consultation with the IV-D agency, determines are substantially similar. The wage and bank information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information. The prohibitions and penalties of Code Section 19-11-30.4 shall also apply to any such infor mation received from any other state under a reciprocal agreement.
19-11-30.7.
Code Sections 19-11-30, 19-11-30.4, and 19-11-30.6 shall not be construed to prevent the release by the commissioners of administrative services and human resources of such wage and bank information data for the purposes described in Title IV-D of the federal Social Security Act.
19-11-30.8.
The commissioner of administrative services shall file an annual report describing the status of the wage reporting and bank match systems. The report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate for the previous state fiscal year no later than September 30 of each year.
19-11-30.9.
As an exception to Code Section 7-1-360, a financial institution furnishing a report or providing information for the commissioner of administrative services under Code Sec tion 19-11-30.2 shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the the Department of Administra tive Services; provided, however, that a financial institution may disclose to its deposi tors or account holders that under the bank match system the Department of Administrative Services has the authority to request certain identifying information on certain depositors or account holders. If a financial institution willfully violates the pro visions of this Code section, such institution shall pay to the Department of Administra tive Services the lesser of $1,000.00 or the amount on deposit or in the account of the person to whom such disclosure was made. A financial institution shall incur no obliga tion or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the Department of Administrative Services pur suant to Code Section 19-11-30.2 or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the Department of Administrative Services or in a report furnished by the financial institution to the Department of Administrative Services.
19-11-30.10.
The IV-D agency shall have the authority to levy and seize a deposit or account in accord ance with Code Section 19-11-32.
19-11-30.11.
A financial institution may charge an account levied on by the commissioner of human resources a fee, as determined by the commissioner, of not less than $20.00 nor more than $50.00 which shall be deducted from such account prior to remitting funds to the Department of Human Resources. The commissioner of administrative services request ing bank or account information under Code Section 19-11-30.2 shall not be liable for costs otherwise assessable pursuant to Code Section 7-1-237."

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SECTION 31.
Said article is further amended by adding at the end thereof the following new Code sec tions, to be designated Code Sections 19-11-32 through 19-11-39, to read as follows:
"19-11-32.
(a) Notwithstanding other statutory provisions which provide for the execution, attach ment, or levy against accounts, the IV-D agency, including its authorized contractors, may utilize the process established in this Code section and Code Sections 19-11-33 through 19-11-39 to collect delinquent support payments, provided that any exemptions or exceptions which specifically apply to enforcement of support obligations pursuant to other statutory provisions shall also apply.
(b) An obligor is subject to the provisions of this Code section and Code Sections 19-11-33 through 19-11-39 if the obligor's support obligation is being enforced by the IV-D agency and if the support payments ordered pursuant to Georgia law or under a comparable statute of a foreign jurisdiction, as certified to the IV-D agency, are delinquent in an amount equal to the support payment for one month.
(c) Any amount forwarded by a financial institution under this Code section and Code Sections 19-11-33 through 19-11-39 shall not exceed the delinquent or accrued amount of support owed by the obligor. Financial institutions subject to administrative levy are defined in paragraph (3) of subsection (a) of Code Section 19-11-30.2.
19-11-33.
(a) The IV-D agency may proceed under Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-11-38 only if notice has been provided to the obligor in one of the following manners:
(1) The obligor is provided notice of the provisions of this Code section in the court order establishing the support obligation. The IV-D agency or court or administrative law judge may include language in any new or modified support order issued on or after July 1, 1997, notifying the obligor that the obligor is subject to the provisions of Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-1139; or
(2) The IV-D agency may send a notice by regular mail to the last known address of the obligor.
19-11-34.
(a) The IV-D agency may contact a financial institution to obtain verification of the ac count number, the names and social security numbers listed for the account, and the account balance of any account held by an obligor. A financial institution may require positive voice recognition and the telephone number of the authorized person from the IV-D agency before releasing an obligor's account information by telephone.
(b) The financial institution is immune from any liability, civil or criminal, which might otherwise be incurred or imposed for any information released by the financial institu tion to the IV-D agency pursuant to this Code section.
(c) Neither the financial institution nor the IV-D agency is liable for the cost of any early withdrawal penalty of an obligor's certificate of deposit.
19-11-35.
(a) If an obligor is subject to the provisions of Code Section 19-11-32, the IV-D agency may initiate an administrative action to levy against the account or accounts of the obli gor. If notice has previously been provided pursuant to Code Section 19-11-33, further notice is not required prior to such action.
(b) The FV-D agency may send a notice to the financial institution with which the account is placed directing that the financial institution forward all or a portion of the moneys in the obligor's account or accounts to the IV-D agency or its collection services center. The notice shall be sent by certified mail.

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(c) The notice to the financial institution shall contain all of the following information:
(1) The name and social security number of the obligor;
(2) A statement that the obligor is believed to have one or more accounts at the finan cial institution;
(3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 1911-34, this Code section, and Code Sections 19-11-36 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center;
(4) The maximum amount that shall be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed the obligor;
(5) The prescribed time frame which the financial institution must meet in forwarding amounts;
(6) The address of the IV-D agency which will process the moneys forwarded; and
(7) A telephone number, address, and contact name of the child support enforcement office contact initiating the action.
19-11-36.
The IV-D agency shall notify an obligor subject to an administrative levy, as well as any other party known to have an interest in the account, of the action taken. The notice shall contain all of the following information:
(1) The name and social security number of the obligor;
(2) A statement that the obligor is believed to have one or more accounts at a specified financial institution;
(3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 1911-35, this Code section, and Code Sections 19-11-37 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center;
(4) The maximum amount to be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed by the obligor;
(5) The prescribed time frame within which the financial institution must comply;
(6) A statement that any challenge to the action shall be in writing and must be re ceived by the IV-D agency within ten days of the date of the notice to the obligor;
(7) The address of the IV-D agency which will process the moneys forwarded; and
(8) A telephone number, address, and contact name of the child support enforcement office contact initiating the action.
19-11-37.
(a) Challenges to the administrative levy for child support arrearage may be initiated only by an obligor or by an account holder of interest. Actions initiated by the IV-D agency pursuant to Code Sections 19-11-32 through 19-11-36, this Code section, and Code Sections 19-11-38 and 19-11-39 are not subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the only hearing following notice to the fi nancial institution directing the levy shall be in superior court pursuant to this Code section.
(b) If a person decides to challenge the action taken by the IV-D agency, he or she must submit a written challenge within ten working days of the date of the notice, and the challenge must be directed to the person identified in the notice as the contact with the IV-D agency.
(c) The IV-D agency shall, upon receipt of a written challenge, review the facts of the case with the challenging party. Only a mistake of fact, including but not limited to a mistake

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in the identity of the obligor or ownership of funds or a mistake in the amount of delin quent support due, shall be considered as a reason to dismiss or modify the proceeding. A rebuttable presumption shall exist in a joint account that the funds belong to the obli gor, which presumption may only be rebutted by clear and convincing evidence.
(d) If the IV-D agency determines that a mistake of fact has occurred, the agency shall proceed as follows:
(1) If a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month, the IV-D agency shall notify the financial institu tion that the administrative levy has been released. The IV-D agency shall provide a copy of the notice to the support obligor by regular mail; or
(2) If the obligor is delinquent but the amount of the delinquency is less than the amount indicated in the notice, the IV-D agency shall notify the financial institution of the revised amount with a copy to the obligor by regular mail. Upon written receipt of instructions from the IV-D agency, the financial institution shall release the funds in excess of the revised amount to the obligor and the moneys in the amount of the debt shall be processed according to Code Section 19-11-38.
(e) If the IV-D agency finds no mistake of fact, the IV-D agency shall so notify the chal lenging party by regular mail. Upon a subsequent written request of the challenging party, the IV-D agency shall request a hearing before the superior court in the county in which the underlying support order is filed.
(f) Once such a hearing has been requested, the IV-D agency shall proceed as follows:
(1) Require the financial institution to encumber moneys; and
(2) Request that the clerk of the superior court schedule a hearing for a time not later than 30 calendar days after the filing of the request for hearing. The time for hearing shall not be extended unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days. The clerk shall mail copies of the request for hearing and the order scheduling the hearing to the IV-D agency and to all account holders of interest.
(g) Once such a hearing has concluded, the IV-D agency shall proceed as follows:
(1) If the superior court finds that there is a mistake of identity or that the obligor does not owe the delinquent support, the IV-D agency shall notify the financial institution that the administrative levy has been released;
(2) If the superior court finds that the obligor has an interest in the account and the amount of support due was incorrectly overstated, the IV-D agency shall notify the financial institution to release the excess moneys to the obligor and remit the remain ing moneys in the amount of the debt to the IV-D agency for disbursement to the ap propriate recipient; or
(3) If the superior court finds that the obligor has an interest in the account and the amount of support due is correct, the financial institution shall forward the moneys to the FV-D agency for disbursement to the appropriate recipient.
(h) If the obligor or any other party known to have an interest in the account fails to appear at the hearing, the court may find the challenging party in default, shall ratify the administrative levy, if valid upon its face, and shall enter an order directing the financial institution to release the moneys to the IV-D agency.
(i) Issues related to visitation, custody, or other provisions not related to levies against accounts are not grounds for a hearing under this Code section.
(j) Support orders shall not be modified pursuant to this Code section, and any findings in the challenge of an administrative levy related to the amount of the accruing or accrued support obligation do not modify the underlying support order.

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(k) An order entered under this Code section for a levy against an account of a support obligor has priority over a levy for a purpose other than the support of the dependents in the order being enforced.
(1) The support obligor may withdraw the request for challenge by submitting a written withdrawal to the person identified as the contact for the IV-D agency in the notice, or the IV-D agency may withdraw the administrative levy at any time prior to the court hearing and provide notice of the withdrawal to the obligor and any account holder of interest and to the financial institution by regular mail.
(m) If the financial institution has forwarded moneys to the IV-D agency and has de ducted a fee from the moneys of the account, or if any additional fees or costs are levied against the account, and all funds are subsequently refunded to the account due to a mistake of fact or ruling of the court, the IV-D agency shall reimburse the account for any fees assessed by the financial institution. If the mistake of fact is a mistake in the amount of support payments, however, the IV-D agency is not required to reimburse the account for any fees or costs levied against the account. Additionally, for the purposes of reimbursement to the account for any fees or costs, each certificate of deposit is consid ered a separate account.
19-11-38.
(a) Upon receipt of a notice under Code Section 19-11-35, the financial institution shall do all of the following:
(1) Immediately encumber funds in all accounts in which the obligor has an interest to the extent of the debt indicated in the notice; and
(2) Forward the moneys encumbered to the IV-D agency no sooner than 15 days and no later than 20 days from the date the financial institution receives the notice pursuant to Code Section 19-11-35. Such money shall not be forwarded, however, if the IV-D agency notifies the financial institution of a challenge by an obligor or an account holder of interest. All encumbered moneys that are forwarded must be accompanied by the obligor's name and social security number, child support enforcement account number, and any other information required in the notice.
(b) The financial institution may assess a fee against the obligor, not to exceed $10.00, for forwarding of moneys to the IV-D agency. This fee is in addition to the amount of sup port due. In the event that there are insufficient moneys to cover the fee and the support due, the institution may deduct the fee amount prior to forwarding moneys to the IV-D agency or its collection services center, and the amount credited to the support obligation shall be reduced by the fee amount.
19-11-39.
(a) The department shall create by contract, cooperative agreement, or otherwise a com puterized central case registry for all support orders entered by any court or administra tive tribunal of this state. All IV-D agency orders as well as those not within the IV-D agency shall be registered in this data base. The department may enter into a coopera tive agreement with the Administrative Office of the Courts so as to obtain information needed to create and maintain the state registry of orders as required by federal law.
(b) The registry of orders shall include the following information for each case: the full names of each party and minor child, the date of birth and social security number for each such person, the last known address for each person at the time the order was entered, the name of the county in which the order was entered, any and all case identifi cation numbers, including civil action filing numbers and IV-D agency assigned case numbers, and any such information as may be later required under federal law.
(c) In any case handled by the IV-D agency, the registry shall include payment records as well as the amount of child support liens. The payment record shall include: (1) the amount of monthly or other periodic support owed under the order and other amounts including arrearages, interest or late payment penalties, and fees due or overdue under the order; (2) any amount described in item (1) of this subsection that has been collected;

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(3) the distribution of such collected accounts; (4) the birth date of any child for whom the order requires the provision of support; and (5) the amount of any lien imposed with respect to a child support order.
(d) The state agency operating the state case registry shall promptly establish and up date, maintain, and regularly monitor case records in the state case registry with respect to which services are being provided by the IV-D agency. Services to be monitored in clude: information on administrative actions and administrative and judicial proceedings and orders related to paternity and support; information obtained from comparison with federal, state, or local sources of information; information on support collections and dis tributions; and any other relevant information.
(e) The information contained in the state case registry shall be available to state and federal agencies as authorized by law for the enforcement of support orders. The infor mation shall be available for data comparisons with case registries of other states."
SECTION 32.
Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," is amended by inserting after Code Section 19-1140 the following new Code section, to be designated Code Section 19-11-40.5, to read as follows:
"19-11-40.5.
No new petition may be filed, nor may any type of proceeding be initiated, under this article on or after January 1, 1998. It is the intent of the General Assembly that any petitions filed or proceedings initiated on or after January 1, 1998, be governed by the provisions of Article 3 of this chapter, the 'Uniform Interstate Family Support Act.' The provisions of this article shall apply only to proceedings pending prior to January 1, 1998."
SECTION 33.
Said chapter is further amended by adding at the end thereof the following new article, to be designated Article 3, to read as follows:
"ARTICLE 3 Part 1
19-11-100.
This article shall be known and may be cited as the 'Uniform Interstate Family Support Act.'
19-11-101.
As used in this article, the term:
(1) 'Child' means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
(2) 'Child support order' means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.
(3) 'Duty of support' means an obligation imposed or which may be imposed by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
(4) 'Home state' means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.

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(5) 'Income' includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of Georgia.
(6) 'Income-withholding order' means an order or other legal process directed to an obli gor's employer or other debtor, pursuant to Code Sections 19-6-31 through 19-6-33, to withhold support from the income of the obligor.
(7) 'Initiating state' means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this article or a law sub stantially similar to this article or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal En forcement of Support Act.
(8) 'Initiating tribunal' means the authorized tribunal in an initiating state.
(9) 'Issuing state' means the state in which a tribunal issues a support order or renders a judgment determining parentage.
(10) 'Issuing tribunal' means the tribunal that issues a support order or renders a judg ment determining parentage.
(11) 'Law' includes decisional and statutory law and rules and regulations having the force of law.
(12) 'Obligee' means:
(A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;
(B) A state or political subdivision to which the rights under a duty of support or sup port order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or
(C) An individual seeking a judgment determining parentage of the individual's child.
(13) 'Obligor' means an individual or the estate of a decedent:
(A) Who owes or is alleged to owe a duty of support;
(B) Who is alleged but has not been adjudicated to be a parent of a child; or
(C) Who is liable under a support order.
(14) 'Register' means to record or file a support order or judgment determining parentage in the appropriate court for the recording or filing of foreign judgments generally or for eign support orders specifically.
(15) 'Registering tribunal' means a tribunal in which a support order is registered.
(16) 'Responding state' means a state in which a proceeding is filed or to which a proceed ing is forwarded for filing from an initiating state under this article or a law or procedure substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(17) 'Responding tribunal' means the authorized tribunal in a responding state.
(18) 'Spousal support order' means a support order for a spouse or former spouse of the obligor.
(19) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the juris diction of the United States. The term includes:
(A) An Indian tribe; and
(B) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

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(20) 'Support enforcement agency' means a public official or agency authorized to seek:
(A) Enforcement of support orders or laws relating to the duty of support;
(B) Establishment or modification of child support;
(C) Determination of parentage; or
(D) The location of obligors or their assets.
(21) 'Support order' means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement and may in clude related costs and fees, interest, income withholding, attorney's fees, and other relief.
(22) 'Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.
19-11-102.
The superior courts, the Office of State Administrative Hearings, and the Department of Human Resources are the tribunals of Georgia for purposes of this article.
19-11-103.
Remedies provided by this article are cumulative and do not affect the availability of reme dies under other law.
Part 2
19-11-110.
In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(1) The individual is personally served with process within Georgia;
(2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) The individual resided with the child in Georgia;
(4) The individual resided in Georgia and provided prenatal expenses or support for the child;
(5) The child resides in Georgia as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse;
(7) The individual asserted parentage in the putative father registry maintained in this state by the Department of Human Resources; or
(8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction.
19-11-111.
A tribunal of Georgia exercising personal jurisdiction over a nonresident under Code Sec tion 19-11-110 may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. In all other respects, Parts 3 through 7 of this article do not apply and the tribunal shall apply the procedural and substantive law of Georgia, including the rules on choice of law other than those established by this article.

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19-11-112.
Under this article, a tribunal in Georgia may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in an other state.
19-11-113.
(a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the peti tion or comparable pleading is filed after a pleading is filed in another state only if:
(1) The petition or comparable pleading in Georgia is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state; and
(3) If relevant, Georgia is the home state of the child.
(b) A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:
(1) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia;
(2) The contesting party timely challenges the exercise of jurisdiction in Georgia; and
(3) If relevant, the other state is the home state of the child.
19-11-114.
(a) A tribunal in Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a child support order:
(1) As long as Georgia remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) Until all of the parties who are individuals have filed written consents with the tribu nal in Georgia for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.
(b) A tribunal in Georgia issuing a child support order consistent with the law of Georgia may not exercise its continuing jurisdiction to modify the order if the order has been modi fied by a tribunal of another state pursuant to this article or a law substantially similar to this article.
(c) If a child support order of Georgia is modified by a tribunal of another state pursuant to this article or a law substantially similar to this article, a tribunal in Georgia loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order is sued in Georgia and may only:
(1) Enforce the order that was modified as to amounts accruing before the modification;
(2) Enforce nonmodifiable aspects of that order; and
(3) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification.
(d) A tribunal of Georgia shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this article or a law substantially similar to this article.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional con flict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(f) A tribunal of Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a spousal support order throughout the existence of

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the support obligation. A tribunal of Georgia may not modify a spousal support order is sued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.
19-11-115.
(a) A tribunal in Georgia may serve as an initiating tribunal to request a tribunal of an other state to enforce or modify a support order issued in that state.
(b) A tribunal in Georgia having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the contin uing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subse quent proceedings the tribunal may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state.
(c) A tribunal in Georgia which lacks continuing, exclusive jurisdiction over a spousal sup port order may not serve as a responding tribunal to modify a spousal support order of another state.
19-11-116.
(a) If a proceeding is brought under this article and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized.
(b) If a proceeding is brought under this article and two or more child support orders have been issued by tribunals of Georgia or another state with regard to the same obligor and child, a tribunal of Georgia shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls and must be so recognized;
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this article, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized; or
(3) If none of the tribunals would have continuing, exclusive jurisdiction under this arti cle, the tribunal of Georgia having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized.
(c) If two or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in Georgia, a party may request a tribunal in Georgia to determine which order controls and must be so recognized under subsection (b) of this Code section. The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(d) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this Code section is the tribunal that has continuing, exclusive jurisdiction under Code Section 19-11-114.
(e) A tribunal of Georgia which determines by order the identity of the controlling order under paragraph (1) or (2) of subsection (b) of this Code section or which issues a new controlling order under paragraph (3) of subsection (b) of this Code section shall state in that order the basis upon which the tribunal made its determination.
(f) Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

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19-11-117.
In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribu nal of Georgia shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of Georgia.
19-11-118.
Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of Georgia.
Part 3
19-11-120.
(a) Except as otherwise provided in this article, this part applies to all proceedings under this article.
(b) This article provides for the following proceedings:
(1) Establishment of an order for spousal support or child support pursuant to Part 4 of this article;
(2) Enforcement of a support order and income-withholding order of another state with out registration pursuant to Part 5 of this article;
(3) Registration of an order for spousal support or child support of another state for en forcement pursuant to Part 6 of this article;
(4) Modification of an order for child support or spousal support issued by a tribunal of Georgia pursuant to Code Sections 19-11-112 through 19-11-115;
(5) Registration of an order for child support of another state for modification pursuant to Part 6 of this article;
(6) Determination of parentage pursuant to Part 7 of this article; and
(7) Assertion of jurisdiction over nonresidents pursuant to Code Sections 19-11-110 and 19-11-111.
(c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.
19-11-121.
A minor parent, or a guardian or other legal representative of a minor parent, may main tain a proceeding on behalf of or for the benefit of the minor's child.
19-11-122.
Except as otherwise provided by this article, a responding tribunal of Georgia:
(1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in Georgia and may exercise all powers and provide all remedies available in those proceedings; and
(2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of Georgia.
19-11-123.
(a) Upon the filing of a petition authorized by this article, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents:
(1) To the responding tribunal or appropriate support enforcement agency in the re sponding state; or

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(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If a responding state has not enacted this article or a law or procedure substantially similar to this article, a tribunal of Georgia may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.
19-11-124.
(a) When a responding tribunal of Georgia receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) of Code Section 19-11-120, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(b) A responding tribunal of Georgia, to the extent otherwise authorized by law, may do one or more of the following:
(1) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage;
(2) Order an obligor to comply with a support order, specifying the amount and the man ner of compliance;
(3) Order income withholding;
(4) Determine the amount of any arrearages and specify a method of payment;
(5) Enforce orders by civil or criminal contempt, or both;
(6) Set aside property for satisfaction of the support order;
(7) Place liens and order execution on the obligor's property;
(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9) Issue an order for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the arrest order in any local and state computer systems;
(10) Order the obligor to seek appropriate employment by specified methods;
(11) Award reasonable attorney's fees and other fees and costs; and
(12) Grant any other available remedy.
(c) A responding tribunal of Georgia shall include in a support order issued under this article, or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of Georgia may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of Georgia issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
19-11-125.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.
19-11-126.
(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this article.

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(b) A support enforcement agency that is providing services to the petitioner as appropriate shall:
(1) Take all steps necessary to enable an appropriate tribunal in Georgia or another state to obtain jurisdiction over the respondent;
(2) Request an appropriate tribunal to set a date, time, and place for a hearing;
(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner or other appropriate agency;
(5) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) This article does not create a relationship of attorney-client or other fiduciary relation ship between a support enforcement agency or the attorney for the agency and the individ ual being assisted by the agency.
19-11-127.
(a) The district attorney of each judicial circuit shall be authorized to represent the Depart ment of Human Resources in any proceeding under this article; otherwise, at the option of the district attorney, actions under this article on behalf of the department shall be brought by attorneys appointed by the Attorney General. Written delegation of such duties previ ously executed by a district attorney pursuant to Article 2 of this chapter, the 'Uniform Reciprocal Enforcement of Support Act,' particularly Code Section 19-11-53, shall consti tute a delegation of such representation to the Attorney General for purposes of this article. In all actions brought or maintained by the Department of Human Resources, the depart ment shall be regarded as the sole client of such attorney, and no attorney-client relation ship shall be created between such attorney and any individual seeking or receiving services under this article through the Department of Human Resources. The department may require a completed application for services pursuant to Title IV-D of the federal So cial Security Act as a condition of providing any services under this article.
(b) Where a support order is established pursuant to Code Section 19-11-140 incident to representation of the department by the district attorney, there shall be paid to the county in which the petition is handled the sum of $50.00 for each such support order established, whether this state is the initiating or responding jurisdiction.
(c) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may provide those serv ices directly to the individual.
19-11-128.
An individual may employ private counsel to represent the individual in proceedings au thorized by this article.
19-11-129.
(a) The Department of Human Resources is the state information agency under this article.
(b) The state information agency shall:
(1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(2) Maintain a register of tribunals and support enforcement agencies received from other states;

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(3) Forward to the appropriate tribunal in the place in Georgia in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from an initiating tri bunal or the state information agency of the initiating state; and
(4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
19-11-130.
(a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this article must verify the petition. Unless otherwise ordered under Code Section 19-11-131, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by fed eral law for use in cases filed by a support enforcement agency.
19-11-131.
Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this article.
19-11-132.
(a) The petitioner may not be required to pay a filing fee or other costs.
(b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it deter mines that a hearing was requested primarily for delay. In a proceeding under Part 6 of this article, a hearing is presumed to have been requested primarily for delay if a regis tered support order is confirmed or enforced without change.
19-11-133.
(a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article.
(c) The immunity granted by this Code section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while present in Georgia to participate in the proceeding.

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19-11-134.
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article.
19-11-135.
(a) The physical presence of the petititioner in a responding tribunal of Georgia is not re quired for the establishment, enforcement, or modification of a support order or the rendi tion of a judgment determining parentage.
(b) A verified petition, affidavit, document substantially complying with federally man dated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.
(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evi dence of facts asserted in it and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissi ble in evidence to prove the amount of the charges billed and that the charges were reason able, necessary, and customary.
(e) Documentary evidence transmitted from another state to a tribunal of Georgia by tele phone, telecopier, or other means that do not provide an original writing may not be ex cluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under this article, a tribunal of Georgia may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article.
(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article.
19-11-136.
A tribunal in Georgia may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal in Georgia may furnish similar information by similar means to a tribunal of another state.
19-11-137.
A tribunal of this state may:
(1) Request a tribunal of another state to assist in obtaining discovery; and
(2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.
19-11-138.
A support enforcement agency or tribunal in Georgia shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custo dian of the record of the amounts and dates of all payments received.

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Part 4
19-11-140. (a) If a support order entitled to recognition under this article has not been issued, a re sponding tribunal of this state may issue a support order if:
(1) The individual seeking the order resides in another state; or
(2) The support enforcement agency seeking the order is located in another state.
(b) The tribunal may issue a temporary child support order if:
(1) The respondent has signed a verified statement acknowledging parentage;
(2) The respondent has been determined by or pursuant to law to be the parent; or
(3) There is other clear and convincing evidence that the respondent is the child's parent.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124.
Part 5
19-11-150.
An income-withholding order issued in another state may be sent to the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33 without first filing a petition or compa rable pleading or registering the order with a tribunal of this state.
19-11-151.
(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of Georgia.
(c) Except as otherwise provided by subsection (d) of this Code section and Code Section 1911-152, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:
(1) The duration and the amount of periodic payments of current child support, stated as a sum certain; (2) The person or agency designated to receive payments and the address to which the payments are to be forwarded;
(3) Medical support, whether in the form of periodic cash payment, stated as a sum cer tain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) The employer's fee for processing an income-withholding order;
(2) The maximum amount permitted to be withheld from the obligor's income; and
(3) The time periods within which the employer must implement the withholding order and forward the child support payment.
19-11-152.
If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the

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employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees.
19-11-153.
An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
19-11-154. An employer who willfully fails to comply with an income-withholding order issued by an other state and received for enforcement is subject to the same penalties that may be im posed for noncompliance with an order issued by a tribunal in Georgia.
19-11-155.
(a) An obligor may contest the validity or enforcement of an income-withholding order is sued in another state and received directly by an employer in Georgia in the same manner as if the order had been issued by a tribunal of Georgia. Code Section 19-11-163 applies to the contest.
(b) The obligor shall give notice of the contest to:
(1) Any support enforcement agency providing services to the obligee;
(2) Each employer that has directly received an income-withholding order;
(3) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee.
19-11-156.
(a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of Georgia.
(b) Upon receipt of the documents, the support enforcement agency, without initially seek ing to register the order, shall consider and, if appropriate, use any administrative proce dure authorized by the law of Georgia to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article.
Part 6
19-11-160.
A support order or an income-withholding order issued by a tribunal of another state may be registered in Georgia for enforcement.
19-11-161.
(a) A support order or income-withholding order of another state may be registered in Georgia by sending the following documents and information to the appropriate tribunal in Georgia:
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
(2) Two copies, including one certified copy, of all orders to be registered, including any modification of an order;
(3) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;

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(4) The name of the obligor and, if known:
(A) The obligor's address and social security number;
(B) The name and address of the obligor's employer and any other source of income of the obligor; and
(C) A description and the location of property of the obligor in Georgia not exempt from execution; and
(5) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.
(c) A petition, motion, or comparable filing seeking a remedy that must be affirmatively sought under other laws of this state, and discovery incident thereto, may be filed at the same time as the request for registration or later. The pleading, motion, or other filing must specify the grounds for the remedy sought. For purposes of this subsection, remedies sought may include, but are not limited to, a rule for contempt or a petition for entry of an income deduction order.
19-11-162.
(a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of Georgia.
(b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia.
(c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
19-11-163.
(a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.
(b) In a proceeding for arrearages, the statute of limitation under the laws of Georgia or of the issuing state, whichever is longer, applies.
19-11-164.
(a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompa nied by a copy of the registered order and the documents and relevant information accom panying the order.
(b) The notice must inform the registering party:
(1) That a registered order is enforceable as of the date of registration in the same man ner as an order issued by a tribunal of Georgia;
(2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice;
(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and
(4) Of the amount of any alleged arrearages.
(c) Upon registration of an income-withholding order for enforcement, the registering tribu nal shall notify the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33.
19-11-165.
(a) A nonregistering party seeking to contest the validity or enforcement of a registered order in Georgia shall request a hearing within 20 days after notice of the registration. The

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nonregistering party may seek to vacate the registration, to assert any defense to an allega tion of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Code Section 19-11-166.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
19-11-166.
(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party;
(2) The order was obtained by fraud;
(3) The order has been vacated, suspended, or modified by a later order;
(4) The issuing tribunal has stayed the order pending appeal;
(5) There is a defense under the law of Georgia to the remedy sought;
(6) Full or partial payment has been made; or
(7) The statute of limitation under Code Section 19-11-163 precludes enforcement of some or all of the arrearages.
(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this Code section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue temporary or other appropriate orders. Any portion of the registered order which is not in dispute may be enforced by all remedies available under the laws of Georgia.
(c) If the contesting party does not establish a defense under subsection (a) of this Code section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.
19-11-167.
Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
19-11-168.
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in Georgia in the same man ner provided in Code Sections 19-11-160 through 19-11-163 if the order has not been regis tered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
19-11-169.
A tribunal of Georgia may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of Georgia, but the registered order may be modified only if the requirements of Code Sec tion 19-11-170 have been met.
19-11-170.
(a) After a child support order issued in another state has been registered in Georgia, the responding tribunal of Georgia may modify that order only if Code Section 19-11-172 does not apply and, after notice and hearing, it finds that:

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(1) The following requirements are met:
(A) The child, the individual obligee, and the obligor do not reside in the issuing state;
(B) A petitioner who is a nonresident of Georgia seeks modification; and
(C) The respondent is subject to the personal jurisdiction of the tribunal of Georgia; or
(2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of Georgia and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a for eign jurisdiction that has not enacted a law or established procedures substantially simi lar to the procedures under this article, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.
(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.
(c) A tribunal in Georgia may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recog nized under the provisions of Code Section 19-11-116 establishes the aspects of the support order which are nonmodifiable.
(d) On issuance of an order modifying a child support order issued in another state, a tribu nal of Georgia becomes the tribunal having continuing, exclusive jurisdiction.
19-11-171.
A tribunal in Georgia shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to this article or a law sub stantially similar to this article and, upon request, except as otherwise provided in this article, shall:
(1) Enforce the order that was modified only as to amounts accruing before the modification;
(2) Enforce only nonmodifiable aspects of that order;
(3) Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and
(4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
19-11-172.
(a) If all of the parties who are individuals reside in Georgia and the child does not reside in the issuing state, a tribunal in Georgia has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b) A tribunal in Georgia exercising jurisdiction as provided in this Code section shall apply the provisions of Parts 1 and 2 of this article and the procedural and substantive law of Georgia to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article do not apply.
19-11-173.
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certificate copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

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Part 7
19-11-180.
(a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this article or a law substantially similar to this article, or the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to deter mine that a respondent is a parent of that child.
(b) In a proceeding to determine parentage, a responding tribunal in Georgia shall apply the procedural and substantive law of this state and the rules of this state on choice of law.
PartS
19-11-185.
(a) For purposes of this part, the term 'governor' includes an individual performing the functions of governor or the executive authority of a state covered by this article.
(b) The Governor of this state may:
(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
19-11-186.
(a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 90 days previously the obligee had initiated proceedings for support pursuant to this article or that the proceeding would be of no avail.
(b) If, under this article or a law substantially similar to this article, the Uniform Recipro cal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the Governor of this state surren der an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a pro ceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is com plying with the support order.
Part 9
19-11-190.
This article shall be applied and construed to effectuate its general purpose to make uni form the law with respect to the subject of the article among states enacting it.

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1629

19-11-191.
If any provision of this article or its application to any person or circumstance is held inva lid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable."
SECTION 34.
Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, is amended by adding immediately following Codes Section 27-2-25.1 a new Code section, to be designated Code Section 27-2-25.2, to read as follows:
"27-2-25.2.
The commissioner shall have the power to suspend any license required by this title when such license holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. The commissioner shall also have the power to deny the application for issuance or renewal of a license required by this title when such appli cant is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. Notwithstanding the provisions of Code Section 27-2-25, the hearings and ap peal procedures provided for in Code Section 19-6-28.1 shall be the only such procedures required to suspend or deny any license pursuant to this Code section."
SECTION 35.
Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking in its entirety Code Section 31-10-9.1, relating to social security ac count information of parents, and inserting in lieu thereof a new Code Section 31-10-9.1 to read as follows:
"31-10-9.1.
(a) Social security account information of the mother and father, if paternity is acknowl edged by the father, of a child born within this state shall be entered in the medical and health statistics section of the certificate of live birth at the time of filing the certificate of birth as provided in Code Section 31-10-9.
(b) The state registrar shall make available the records of parent name and social secur ity number to the Office of Child Suppuit Recuveiy Child Support Enforcement Agency of the Department of Human Resources for its use in the establishment of paternity or the enforcement of child support orders.
(c) Information obtained by the Office uf Child Suppuit Ruuuvmy Child Support Enforce ment Agency of the Department of Human Resources pursuant to this Code section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation."
SECTION 36.
Section 26 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. Section 32 of this Act shall become effective on January 1, 1998. Sections 16 and 33 of this Act shall become effective on January 1, 1998, and shall apply to all proceedings initiated on or after that date. All other provisions of this Act shall become effective on July 1, 1997.
SECTION 37.
Notwithstanding any other provision of this Act to the contrary, as to any child support being held by a Child Support Recovery Unit, same shall be paid to the custodial parent within 30 days from receipt of same by the Recovery Unit.

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SECTION 38.

All laws and parts of laws in conflict with this Act are repealed.
Senators Oliver of the 42nd and Taylor of the 12th offer the following amendment:
Amend the Senate Judiciary Committee substitute to HB 284 by striking line 6 of page 3 and inserting in lieu thereof the following:
"failure to surrender property; to provide for prompt payment to the custodial parent of child support held by the Child Support Enforcement Agency; to require the Department of.
By striking line 29 of page 22 and inserting in lieu thereof the following:
"parents or by the legal guardian of the child. Custody of the child shall remain in the mother until a court order is entered addressing the issue of custody.'".
By striking the quotation mark at the end of line 40 of page 42 and inserting between lines 40 and 41 of page 42 the following:
"(f) Notwithstanding any other provision of this title to the contrary, any child support being held by the Child Support Enforcement Agency of the Department of Human Re sources shall be paid to the custodial parent within 30 days from receipt of same by the enforcement agency.'".
By striking lines 1 through 6 of page 86 and redesignating Section 38 as Section 37.
On the adoption of the amendment, the yeas were 36, nays 0, and the Oliver/Taylor amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Dean Fort Gillis Glanton Gochenour 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

Those not voting were Senators:

Abernathy Brush Clay

Crotts Egan Griffin

Guhl Perdue Walker

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

TUESDAY MARCH 25, 1997

1631

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.
Senate Sponsor: Senator Land of the 16th.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton

Gochenour Griffin Guhl Harbison 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 Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger

Those not voting were Senators:

Abernathy Clay Henson

Johnson of 1st Perdue Scott

Starr Thompson Walker

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

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.
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th

Burton ' Cagle Clay Crotts Dean

Egan Fort Gillis Glanton Gochenour

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Griffin Harbison Henson Huggins James Johnson of 2nd Johnson of 1st Kemp Land Langford

Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston

Ray Roberts Scott Starr Stokes Taylor Thomas of 54th Turner Walker

Those voting in the negative were Senators:

Blitch Cheeks Guhl

Hill Lamutt Streat

Tanksley Tysinger

Those not voting were Senators:

Abernathy Brush

Hooks Thomas of 10th

Thompson

On the passage of the bill, the yeas were 43, nays 8.
The bill, having received the requisite constitutioanl majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

HB 459. By Representatives Buck of the 135th, Culbreth of the 132nd, Jamieson of the 22nd and others:
A bill to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotat ed, relating to applications for the tangible personal property inventory exemp tion, so as to provide for conditions under which such exemption shall be wholly or partially waived for a taxable year.
The Calendar was resumed.

HB 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission.
Senate Sponsor: Senator Perdue of the 18th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 888:
A BILL
To be entitled an Act to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be

TUESDAY MARCH 25, 1997

1633

toll-free calling between two telephones within a 30 mile radius of an exchange serving such telephones as such 30 mile calling areas are designated on maps on file with the Pub lic Service Commission unless the telephone subscriber elects an optional plan; to provide that after a certain date, the commission shall not approve any new rate schedule which mandates a long-distance charge for calls between two telephones within a 30 mile radius of an exchange serving such telephones as such 30 mile calling areas are designated on maps on file with the commission; to require the commission to hold conferences and to authorize the commission to conduct hearings to determine if telephone companies will need to increase rates or take other measures to recover losses resulting from the imple mentation of the new 30 mile toll-free calling areas; to provide an exception; to provide for applicability with respect to other laws; 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 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, is amended by adding between Code Sections 46-2-25.2 and 46-2-26 a new Code Section 46-2-25.3 to read as follows:
"46-2-25.3.
(a) On and after January 1, 1998, there shall be toll-free calling between two telephones within a 30 mile radius of an exchange serving such telephones as such 30 mile calling areas are designated on maps on file with the commission unless the telephone sub scriber elects an optional plan. Such calls made in the 30 mile radius shall be considered local calls. On and after January 1, 1998, the Public Service Commission shall not ap prove any new rate schedule which mandates a long-distance charge for calls between two telephones within a 30 mile radius of an exchange serving such telephones as such 30 mile calling areas are designated on maps on file with the commission. Nothing in this subsection shall preclude the offer of optional rate plans.
(b)(l) Except as provided in paragraph (2) of this subsection, on and after the effective date of this Code section, the Public Service Commission shall hold conferences with telephone companies and may conduct hearings and accept evidence and, upon consid eration of such evidence, shall determine if any telephone company should be author ized to increase its rates for basic exchange service to cover the reasonable costs of providing such toll-free service to customers of the telephone company throughout the 30 mile calling areas and to continue a reasonable rate of return on investment author ized in the rate schedule previously approved by the Public Service Commission for such telephone company. Such determination shall consider the availability of funds and other revenue sources to affected companies to offset the costs associated with such toll-free calling areas. Any telephone company seeking to recover any portion of its expenses or lost toll revenues resulting from the implementation of the 30 mile tollfree calling plan contained in this Code section shall demonstrate its financial hard ship to the Public Service Commission before such recovery shall be allowed. It shall be within the discretion of the Public Service Commission to determine the methodol ogy and source of recovery for any such affected telephone company. In determining the method of offsetting the costs associated with the 30 mile plan, the Public Service Commission shall first utilize any available earnings at the telephone companies seek ing assistance in excess of those authorized in their respective tariffs. The commission shall be authorized to approve any increase in rates which the commission determines to be necessary to implement and accomplish the toll-free calling requirements of this Code section.

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(2) The provisions of paragraph (1) of this subsection shall not apply to telephone com panies which have elected to have their rates, terms, and conditions for services deter mined pursuant to the alternative regulation provided for in Article 4 of Chapter 5 of this title.
(c) Nothing in this Code section shall be interpreted as amending, modifying, or repealing Code Section 46-2-23, relating to the rate-making power of the Public Service Commis sion generally and special provisions concerning telecommunications companies, or Arti cle 4 of Chapter 5 of this title, 'The Telecommunications and Competition Development Act of 1995.'"
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 part of laws in conflict with this Act are repealed.
Senators Langford of the 29th and Ralston of the 51st offered the following amendment:
Amend the Senate Finance and Public Utilities Committee substitute to HB 888 by strik ing lines 4 through 19 of page 1 and inserting in lieu thereof the following:
"generally, so as to provide for a 30 mile toll-free calling area within certain local telephone exchanges; to provide an exception; to provide that the commission shall determine the rate increase necessary to implement such a calling area; to provide that the commission shall poll the subscribers of each such exchange; to provide that upon a favorable vote, the com mission shall order the implementation of a 30 mile toll-free calling area and a concurrent rate increase; to provide an".
By striking line 1 of page 2 and inserting in lieu thereof the following:
"commission in any local exchange in which a majority of the subscribers has so elected as provided in paragraph (1) of subsection (b) of this Code section; provided, however, tahna".t the provisions of this Code section shall not apply to a subscriber who has elected
By striking lines 11 through 44 of page 2 and inserting in lieu thereof the following:
"(b)(l) The commission shall determine for each local exchange company the increase in rates for basic local exchange services necessary to recover fully all revenues which would be lost if a 30 mile toll-free expanded calling area were implemented in that local exchange. After determining that rate increase, the commission shall conduct balloting of the subscribers in each local exchange proposed to receive the 30 mile tollfree expanded calling area service. If a majority of subscribers is in favor of both the service and the requisite increase in basic local exchange service rates, the commission shall require the concurrent implementation of a 30 mile toll-free expanded calling area and the increase in basic local exchange service rates for that exchange, and the local exchange company shall be permitted to increase the basic local exchange service rates notwithstanding any provision of Chapter 5 of this title to the contrary."
On the adoption of the amendment, the yeas were 42, nays 0, and the Langford, Ralston 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.

TUESDAY MARCH 25, 1997

1635

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

Those voting in the affirmative were Senators:

Abernathy Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour 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 Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 10th Turner Tysinger Walker

Those voting in the negative were Senators:

Blitch Boshears

Glanton Huggins

Price of 56th Thomas of 54th

Not voting were Senators Balfour and Thompson.
On the passage of the bill, the yeas were 48, nays 6.
The bill, having received the requisite constitutional majority, was passed by substitute.

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.
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

Balfour 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 2nd Johnson of 1st Kemp Lamutt

Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott

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JOURNAL OF THE SENATE

Starr Stokes Streat Tanksley

Taylor Thomas of 54th Thomas of 10th

Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch

James Thompson

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

HB 339. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages under the Employees' Retirement System of Georgia, application and eligibility for retirement in such system, and related matters, so as to authorize the board of trustees of such retirement system to qualify the retirement system for certain federal tax treatment.
Senate Sponsor: Senator Burton of the 5th.
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 21, 1997

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

SUBJECT: State Auditor's Certification House Bill 339 (LC 21 4236)

Dear Chairman Cummings:

This bill would authorize the board of trustees of the Employees' Retirement System of Georgia to provide for the manner of payment of retirement benefits required to qualify the retirement system for certain federal tax treatment.
This is to certify that this retirement bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th

Brush Burton Cagle Cheeks Clay

Crotts Dean Egan Fort Gillis

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1637

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 Stair Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch

James Perdue

Walker

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

HB 321. By Representatives Tolbert of the 25th, Barnes of the 33rd, Alien of the 117th and Martin of the 47th:

A bill to amend Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, so as to provide that attorneys may issue such subpoenas under certain conditions.
Senate Sponsor: Senator Boshears of the 6th.

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

Those voting in the affirmative were Senators:

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 Johnson of 2nd Johnson of 1st Kemp Lamutt Land 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

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Balfour Blitch

James Langford Perdue

Ragan Walker

On the passage of the bill, the yeas were 47, nays 1.

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Langford of the 29th.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears 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 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:

Balfour Bowen

Fort James

Lamutt Walker

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

HB 470. By Representatives Dobbs of the 92nd and Porter of the 143rd:

A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to provide for a lien on real property on which the Environmental Protection Division of the Depart ment of Natural Resources has performed remedial action.
Senate Sponsor: Senator Kemp of the 3rd.

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Broun of 46th

Brown of 26th Brush Burton Cagle

Cheeks Clay Crotts Dean

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1639

Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson of 2nd

Johnson of 1st Kemp Lamutt Land Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston

Those not voting were Senators:

Balfour Bowen Henson

James Langford Middleton

Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger
Thompson Walker

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

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".
Senate Sponsor: Senator Hooks of the 14th.

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

Those voting in the affirmative were Senators:

Abernathy 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 Johnson of 2nd Johnson of 1st Kemp Lamutt Land 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 Turner Tysinger Walker

Those not voting were Senators:

Balfour Blitch Glanton

James Langford Perdue

Ralston Thompson

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JOURNAL OF THE SENATE

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

HB 612. By Representative Shanahan of the 10th:

A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to provide for a public hearing before a county, city, local authority, or special district contracts for the sale, lease, or management of a landfill or solid waste disposal facility.
Senate Sponsor: Senator Madden of the 47th.

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

Those voting in the affirmative were Senators:

Balfour 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 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton

Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch James

Langford Oliver Ragan

Stokes Thomas of 10th

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 amendment to the following bill of the House:

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.

TUESDAY MARCH 25, 1997

1641

The House insists on its position in amending the following bill of the Senate:

SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th, and others:
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 definition of the term "criminal offense against a victim who is a minor" to in clude federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions.
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 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997 and ending June 30, 1998.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Coleman of the 142nd, and Buck of the 135th.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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 Calendar was resumed.

HB 326. By Representatives Teague of the 58th, McKinney of the 51st, Randall of the 127th and others:

A bill to amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, so as to provide that any law enforcement agency shall immediately open an investiga tion upon receipt of a report that a person with Alzheimer's disease is missing.
Senate Sponsor: Senator Fort of the 39th.

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

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

Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts

Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger

Those not voting were Senators:

Abernathy Henson Madden

Ragan Scott

Thompson Walker

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

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.
Senate Sponsor: Senator Egan of the 40th.

The Senate Special Judiciary Committee offered the following substitute to HB 245:

A BILL
To be entitled an Act to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title is effective on July 1, 1997, so as to authorize appointment of addi tional county administrators in all counties; to amend Title 53 of the Official Code of Georgia Annotated, 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 the applicability of new provisions of Chapters 2 through 11 of such title; to provide for exceptions; 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; to change provisions relating to a petition for an order that no administration is necessary for the estate of an intestate decedent; to authorize separate awards of year's support for the minor children and the surviving spouse in certain circumstances; to change a provision relating to a contract concerning succession; to change a provision relat ing to the deadline for offering a will for probate; to clarify that proof of a codicil is proof of a will in certain circumstances; to change a provision relating to service of a notice of petition for probate in solemn form; to change a provision relating to selection of an administrator with the will annexed; to change provisions relating to appointment of an administrator for an estate partially administered and unrepresented because of the death of the executor; to change a provision relating to the contents of a petition for issuance of letters of adminis tration when a prior personal representative has qualified; to change provisions relating to notice and the time to respond or file objections in certain circumstances; to authorize ap pointment of additional county administrators in all counties; to change certain provisions relating to compensation of a personal representative; to change provisions relating to fail ure to return an inventory; to change provisions relating to supplementary inventory; to

TUESDAY MARCH 25, 1997

1643

provide for compensation for temporary administrators; to provide for reduction of compen sation for administrators in certain circumstances; to provide that failure to return an in ventory is sufficient ground for removal; to provide for exceptions; to provide for the compromise of debts; to change provisions relating to petitions for discharge; to change certain provisions relating to the duty of the probate court to cite personal representatives who have failed to make an annual return; to provide for exceptions to the application of the notice provisions of Chapter 11 of such title; to provide for termination of guardian ad litem appointments; to change certain notice provisions and provisions relating to the date on or before which objections must be filed; to provide for swearing to or affirming a waiver or acknowledgment of service or notice; 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 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 effec tive January 1, 1998, is amended by striking in its entirety Code Section 53-1-1, relating to the effective date of Chapters 1 through 11 of Title 53, and inserting in lieu thereof the following:
"53-1-1.
Except as otherwise provided m this chaytei and Chapteis 2 lliiuugh 11 uf this title by law, the provisions contained in this chapter and Chapters 2 through 11 of this title shall be effective for the estates uf decedents dying uu ui aftei Jauuaiy 1, 1998 on January 1, 1998; provided, however, that no vested rights of title, year's support, succession, or in heritance shall be impaired."
SECTION 2.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by inserting a new Code section, to be designated Code Section 53-1-8, to read as follows:

A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the effect described in Code Section 19-8-19, and the adoptive parents and relatives of the adoptive parents shall likewise be entitled to inherit from and through the adopted individual under the laws of intestacy in the absence of a will and to take as parents or relatives of the parents of the adopted individual under the provisions of any instrument of testamentary gift, unless expressly excluded therefrom."
SECTION 3.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-2-2, relating to the effect of a decree of adoption, and inserting in its place the following:
"53-2-2.
Reserved."
SECTION 4.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subparagraph (A) of paragraph (2) of Code Section 53-23, relating to inheritance by children born out of wedlock, and inserting in its place the following:

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"(2)(A) A child born out of wedlock may not inherit from or through the child's father, the other children of the father, or any paternal kin by reason of the paternal kinship, unless:
(i) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law;
(ii) A court of competent jurisdiction has otherwise entered a court order establishing paternity;
(iii) The father has executed a sworn statement signed by him attesting to the parentchild relationship;
(iv) The father has signed the birth certificate of the child; or
(v) There is other clear and convincing evidence that the child is the child of the father
fciiiCi liittli ctCISIJ1CCO p<irt;Ilt/~CriliLt relttLiunBlli-Jj eXiSttrd Oi' WOLllCl li&Vc; eXlSted lieiCl Llle
fathei nut died befuie the child was bum."
SECTION 5.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (b) of Code Section 53-2-40, relating to the petition, and inserting in lieu thereof the following:
"(b) The petition shall show: the name and domicile of the decedent; the names, ages or majority status, and domicile of the heirs of the decedent; a description of the property in this state owned by the decedent; that the estate owes no debts or that there are known debts and all creditors have consented or will be served as provided in Chapter 11 of this title; and that the heirs have agreed upon a division of the estate among themselves. Acupy uf thu The agreement containing original signatures of all the heirs, attested to by a clerk of the~probate court or a notary public, shall be attached to the petition. Property subject to an outstanding security deed or agreement may be subject to this proceeding only if the holder of the security deed consents or is served and makes no objection."
SECTION 6.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-3-8, relating to minor children by dif ferent spouses, and inserting in its place the following:
"53-3-8.
(a) If the decedent leaves minor children by different spouses, the probate court shall specify the portion going to the children of the former spouse or spouses, which portion shall vest in those children.
(b) If the decedent leaves minor children and the surviving spouse is the parent of the minor children, the probate court may in its discretion specify separate portions for the minor children and the surviving spouse if the court deems the award of separate por tions to be in the best interests of the parties, and the portions shall vest separately in the surviving spouse and the children."
SECTION 7.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-4-30, relating to contracts concerning succession, and inserting in lieu thereof the following:
"53-4-30.
A contract made on or after January 1, 1998, that obligates an individual to make a will or a testamentary disposition, not to revoke a will or a testamentary disposition, or to die intestate shall be express and shall be in a writing that is signed by the obligor."

TUESDAY MARCH 25, 1997

1645

SECTION 8.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-5-3, relating to time limitation for pro bate of wills, and inserting in lieu thereof the following:
"53-5-3.
A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for:
(1) The appointment of a personal representative of the decedent's estate;
(2) An order granting year's support from the decedent's estate; or
(3) An order that no administration is necessary on the decedent's estate?;
provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002.'*
SECTION 9.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended in Article 1 of Chapter 5, relating to general provisions relative to probate, by adding a new Code section, to be designated Code Section 53-5-7, to read as follows:
"53-5-7.
If a codicil republished a will except as to any amendment contained in the codicil and clearly identified the will that was republished, proof of the codicil is proof of the will."
SECTION 10.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (c) of Code Section 53-5-22, relating to no tice, and inserting in lieu thereof the following:
"(c) Service of a notice of petition for probate in solemn form shall be in accordance with the provisions of Chapter 11 of this title and, if made personally or by mail, shall include a copy of the petition and of the will for which probate is sought. If service is to be made by publication, the published notice shall contain a captiuii setting set forth the court, the time the order or for service by publication was granted, the name of the decedent, the fact that a petitiofTnas been filed seeking the probate of the will of the decedent in sol emn form, and the name of the petitioner who seeks letters testamentary or the continu ance in force of any letters testamentary previously granted. The notice shall command all parties to whom it is directed to file objection, if there is any, why the piubale ill sulciiiii luini oliuulu nuL Lie liau.
SECTION 11.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (b) of Code Section 53-6-14, relating to selec tion by beneficiaries, and inserting in lieu thereof the following:
"(b) An administrator with the will annexed may be unanimously selected by the benefi ciaries of the will who are capable of expressing a choice unless the sole beneficiary is the decedent's surviving spouse and an action for divorce or separate maintenance was pend ing between the decedent and the surviving spouse at the time of death. When no such unanimous selection is made, the probate court shall make the appointment that will best serve the interests of the estate, considering the following preferences:

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(1) Any beneficiary or the trustee of any trust that is a beneficiary under the will; or
(2) Those persons listed in paragraphs (3) through (5) of Code Section 53-6-20."
SECTION 12.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (b) of Code Section 53-6-15, relating to peti tions for letters of administration with the will annexed, and inserting in lieu thereof the following:
"(b) If the will has been admitted to probate, the petition for letters of administration with the will annexed shall set forth the names, addresses, and ages or majority status of the beneficiaries, the date on which the will was admitted to probate, and the circum stances giving rise to the need for an administrator with the will annexed. The petition shall be served on the beneficiaries of the will and the executor, if any, of any deceased executor whose death created the vacancy in the manner described in Chapter 11 of'this title!
(c) In the case of an estate partially administered and unrepresented because of the death of the previous executor, the judge shall determine whether the interest of the first estate and the persons interested in the first estate will be best served by the appoint ment of an administrator with the will annexed or by permitting the executor, if any, appointed under the will of the deceased previous executor to be or become, as the case may be, the executor of the first estate by operation of law."
SECTION 13.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking subsection (b) of Code Section 53-6-21, relating to petitions for letters of administration, and inserting in lieu thereof the following:
"(b) The petition shall set forth the full name, the legal domicile, and the date of death of the decedent; the mailing address and place of domicile of the petitioner; the names, ages or majority status, and addresses of heirs, stating their relationship to the decedent; and, in the event full particulars are lacking, the reasons for any omission. The petition shall conclude with a prayer for issuance of letters of administration. If a prior personal repre sentative has qualified uuly suuh uf Lhe foregoing information as might be Jiffeient Hum
Llic luluiliiiittiuii in Liit? ^jt?titiuii ul tile )JL cucuing ^jcisuntil Ic^jicSeiitttLive: siicxll ut: rt^i^Ltncil
and a copy of the original petition is attached, it is unnecessary for the new petition to repeat relevant and unchanged information from the original petition."
SECTION 14.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-6-22, relating to notice, and inserting in lieu thereof the following:
"53-6-22.
Notice of the petition for Issuance uf letters of administration lequiies due nutice tu llie decedent's liuhb, which shall be given in accordance with Cliaptei 11 uf this Lille shall be mailed by first-class mail to each heir with a known address at least 13 days prior to the date on or before which any objection is required to be filed. If there is any heir whose current address is unknown or any heir who is unknown, notice shall be published once each week for four weeks prior to the week which includes the date on or before which any objection must be filed."

TUESDAY MARCH 25, 1997

1647

SECTION 15.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking subsection (b) of Code Section 53-6-35, as such section becomes effec tive on January 1, 1998, relating to the appointment of a county administrator and assis tant county administrators, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In all counties of this state having a population uf 400,000 ui moie aituiding tu the United States deiennial census of 1970 or any future such census, the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more additional county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 3 of Title 29, relating to county guardians, as county administrators."
SECTION 16.
Said title is further amended by striking subsection (b) of Code Section 53-6-90, as such section is effective on July 1, 1997, relating to appointment of a county administrator and assistant county administrators, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In all counties of this state having a population uf 400,000 ui moie accmduig to tlin United States decennial census uf 1970 or any future such census, the judge of the pro bate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more assistant county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 3 of Title 29, relating to county guardians, as the county administrators."
SECTION 17.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in their entirety paragraph (2) of subsection (b) and subsections (d) and (e) of Code Section 53-6-60, relating to amount of compensation of personal representa tives, and inserting in lieu thereof the following:
"(2) Ten percent commission on the amount of interest made if, during the course of administration, the personal representative shall receive interest on money loaned by the decedent ui by the personal representative in that capacity and shall include the same on the return to the probate court so as to become chargeable therewith as a part of the corpus of the estate;"
"(d) Unless the will or written agreement specifies otherwise, where some or all of the estate passes through the hands of several personal representatives by reason of the death, removal, or resignation of the first qualified personal representative, or otherwise, the estate shall not be subject to diminution by charges of commission of each successive personal representative holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first personal representative who receives the property for the benefit of the estate or that person's representative, and commissions for paying out shall be paid to the personal representative who actually distributes the fund, and no commissions shall be paid for handing over the fund to a successor personal rep resentative. If there is more than one personal representative serving simultaneously, the division of the compensation allowed them shall be according to the services rendered by each.
(e) Unless the will or written agreement specifies otherwise, a personal representative is entitled to receive commissions on debts, legacies, and distributive shares paid to that personal representative in the same manner as commissions to which the personal repre sentative would be entitled under the terms of the will or written agreement or applica ble law on such items paid to others; provided, however, a personal representative shall

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not be entitled to any commissions for any sums paid to any personal representative of the estate as commissions or other compensation."
SECTION 18.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (a) of Code Section 53-6-62, relating to extra compensation for personal representatives, and inserting in lieu thereof the following:
"(a) A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for extra compensation shall be made to all the heirs of an intestate decedent or to all UIB any affected beneficiaries under the will of a testate decedent. Service shall be made in the manner described in Chapter 11 of this title and shall direct the parties served to file any written objections to the extra compensation with the probate court within ten days."
SECTION 19.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by inserting a new Code section to be designated Code Section 53-6-64, to read as follows:
"53-6-64.
A temporary administrator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 11 of this title. The court shall award reasonable compensation to a temporary administrator. For good cause, including but not limited to services performed and compensation awarded to a temporary admin istrator, the court may reduce the compensation due the personal representative under other provisions of this article."
SECTION 20.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-7-30, relating to inventories and sup plemental inventories, and inserting in lieu thereof the following:
"53-7-30.
(a) Unless otherwise provided by will or relieved under Code Section 53-7-32 or 53-7-33, the personal representative shall prepare an inventory of all the property of the dece dent. The personal representative shall file the inventory with the probate court and shall deliver a copy of the inventory to the beneficiaries of a testate estate or the heirs of an intestate estate by first-class mail within six months after the qualification of the personal representative. The time for filing the inventory may be extended by the pro bate court for good cause shown. The inventory shall state that it contains a true state ment of all the property of the decedent within the knowledge of the personal representative and shall be verified in the same manner as a petition filed in the probate court. The inventory shall state that the inventory has been mailed to all beneficiaries or heirs who are entitled to receive the inventory and shall provide the name of any benefi ciary or heir who has waived the right to receive the inventory, as provided in Code Section 53-7-32.
tu7 In tlit; tvGllt oti!6r property OI tile ueCeueiit uunitiS lllto tile llUiuS OI tile pci'aOutu I'e^Xr&scli/LcltiVe alLCi" Lllti inventory IS tlletlj tile jjci'SGildi i^jji'tJBOHtfl.tlVt! Sllfl.ll lilti Wltil tile
Urt SL S U.t)lt;.ille.ilt;Liuy iilvciituiLy <illu SHfl.ll miHl SL COjj^y OI it tOuT-it; IjciitilldcixHiH ui in Lilti liicllllit;!1 pl'tiSCl'iLitiu. Ill SuLtStiiCLiuil (.&) ul tUlS vJGu.6 StiCLlOil Wltlli.ii yU iJ.&y& OI tilt; jf OI SUCli pi'upei'tj'.

TUESDAY MARCH 25, 1997

1649

SECTION 21.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by inserting a new Code section to be designated Code Section 53-7-34, to read as follows:
"53-7-34.
Unless the inventory is waived pursuant to Code Section 53-7-32 or a testator by will dispenses with the necessity of having a personal representative make an inventory pur suant to Code Section 53-7-33, the failure of a personal representative to return a correct inventory shall be sufficient grounds for removal."
SECTION 22.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-7-45, relating to compromise of claims, and inserting in lieu thereof the following:
"53-7-45.
Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue or defend, abandon, or otherwise deal with or settle debts or claims in favor of or against the estate."
SECTION 23.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-7-50, relating to petitions by personal representatives for discharge, and inserting in lieu thereof the following:
"53-7-50.
(a) A personal representative who has fully performed all duties or who has been allowed to resign may petition the probate court for discharge from the office and from all liabiF ity. The"petition shall state that the personal representative has fully administered the estate of the decedent and shall set forth the names and addresses of all known heirs of an intestate decedent or beneficiaries of a testate decedent, including any persons who succeeded to the interest of any heir or beneficiary who died after the decedent died, and shall name which of the heirs or beneficiaries is or should be represented by a guardian. The petition shall state that the personal representative has paid all claims against the estate or shall enumerate which claims of the estate have not been paid and the reason for such nonpayment. The petition shall also state that the personal representative has filed all necessary inventory and returns or, alternatively, has been relieved of such fil ings by the testator, the heirs or beneficiaries, or the probate court.
(b) Upon the filing of a petition that stales thai all claims against the estate have been paid for discharge, citation shall issue to all heirs or beneficiaries, as provided in Chapter 11 of this title, requiring all paities in mimes I them to file any objections to the discharge, except that in all cases a by a date at least 14 days aftei the dale uf the citation. The citation shall be published one time in the newspaper in which sheriffs advertise ments are published in the county in which the petition is filed at least ten days prior to the date on or before which any objection is required to be filed. Arropy uf the titatiuii
state estate. Any creditors whose claims are disputed shall be served in accordance with Chapter ll"of this title.
been paid, citatiuii shall issue, as provided in Cliaptei 11 uf this title, leuuhing all pai-
ucltc OI tilt; CiLetiiGil.fiie Cit&tiull ~5iiali be pUulielieu. GilCG a. week, tor luui' W66KS 111 tll^ li^Ws^Jti^jcr ill WlllCIl & lie i1 ill S flu.Vfei'LiSelli6Il1jS ai'c ^)U.DllHllbCl ill tll6 COtiilt/y in wlliCli Llic |jtrtiLiuli its liltiu. A CO^j^ ul Llit; CiLciLiuii Sliiiil DC niculcLi pi'uiiijjLl^y u_y IH'KL ClaSS iilfl.ll tu S.11

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JOURNAL OF THE SENATE

heirs uf an intestate estate ui beneficiaries uf a testate estate and tu all the cieditors
wliuoc ulaims lidve nut uccn paid.
td)(c) If any party in interest files objection to the discharge, a hearing shall be held. If as a result of the hearing, the probate court is satisfied that the personal representative has faithfully and honestly discharged the office, an order shall be entered releasing and dis charging the personal representative from all liability. If no objections are filed, the pro bate court shall enter the order for discharge without further proceedings or delay. Any heir or beneficiary or creditor who is a minor at the time of the discharge and who is not represented by a guardian may, within two years of reaching the age of majority, com mence suit against the personal representative and such discharge shall be no bar to the action.
(e)(d) If other property of the estate is discovered after an estate has been settled and the personal representative discharged, the probate court, upon petition of any interested person and upon such notice as it directs, may appoint the same personal representative or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the probate court orders otherwise, the provisions of this title shall apply as appropriate; but no claim previously barred may be asserted in the subsequent administration."
SECTION 24.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-7-72, relating to the docket of persons required to make returns and failure to make returns, and inserting in lieu thereof the following:
"53-7-72.
To ensure annual returns from every personal representative, it shall be the duty of the probate court to keep a docket of all those who are liable to make returns and, immedi ately after the ceasing of the January term or as soon thereafter as the court deems practical in each year, to cite all defaulters to show cause for their neglect. A willful and continued failure to make a return shall be good cause for removal."
SECTION 25.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in their entirety subsections (b) and (c) of Code Section 53-8-13, relat ing to general procedures, and inserting in lieu thereof the following:
"(b) Upon filing the petition, notice shall be mailed by fii ht-class mail by the probate cum t to given to the heirs of an intestate estate or the affected beneficiaries of a testate estate in Accordance with the provisions of Chapter 11 of this title.
(c) If no written objection by a person so notified is filed within 30 days following the mailing of notice the appropriate period of time following notice, as provided by Chapter 11 of this title, 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 confir mation 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."
SECTION 26.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-1, relating to applicability and com pliance, and inserting in lieu thereof the following:

TUESDAY MARCH 25, 1997

1651

"53-11-1.
Except as otherwise specifically provided, the provisions of this chapter shall apply to any proceeding in the probate court that arises under Chapters 1 through 10 of this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for pro ceedings in the probate court arising under Chapters 1 through 10 of this title except as o1t5h."erwise provided in those chapters and in Chapter 11 of Title 9 and Chapter 9 of Title
SECTION 27.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (c) of Code Section 53-11-2, relating to guardians, and inserting in lieu thereof the following:
"(c) Whenever a guardian ad litem is appointed, the court may limit the appointment or may at any time for cause appoint a successor. The Unless the appointment is limited by the court, the guardian ad litem first appointed with respect to the piucbedings I'm the appointment iif an adininibtialoi1 , the piubate of a will, ui any other proceeding involving the administration of the estate shall continue to serve with respect to such proceeding on behalf of the party represented until a successor is appointed, or the party represented becomes sui juris, or the court terminates the appointment?'
SECTION 28.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-4, relating to service on persons who reside outside the state and when the person or residence is unknown, and inserting in lieu thereof the following:
"53-11-4.
(a) Except as otherwise prescribed by law or directed by the probate judge pursuant to Code Section 53-11-5, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state, is un known, or is known but whose current residence address is unknown, lesidtis uutbide this state, uiTuvolmitaiily lesideb outside this state undei mcumhtances thai make it diffi-
ijiilt LLI uctciiuiiic il Llie )d sun ID a ic^ai iCBiuciiL ul Lino ibLctlc ui ouuit; uLlici oLiiLc.
(b) Unless all such persons have known current residence addresses, Upun the fact being made tu appear; the probate court shall order service to be perfected by publication of the citation in the newspaper in which sheriffs advertisements are published in the county in which the petition is made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons notified and the character of the notice given.
ftrHThe published citation yiuvided fui in subsection (a) uf this Code section shall be directed and addiessed to the person to be served, if known, and, if all persons are not known, then and in Chat event to all and singular the parties in interest.
\C) 11 111 tilC ClSt! Ui <i ilOiireSlQiiiiti ui ~& KilGWll p&LSOU WilG iHVGlUllliiil J.l_y I'tJtjiiQeS Gul/caicic Llic
sLcilc u-ilClcl' CllTCla.iiioLauCt;S uiicltHIelite Tt uilIlC U.lt luQ6L6ILm 111e n tlit; j_it;iLsGil TS 2t it^al
insideiit of this stale ui sume utluji slate, if the current residence 01 mailing address of such a person is known, Lhu pBtiliuiitii shall file in the cuuit a cupy uf Lhe published
Cit3.tlOH, ttiiu. upOii &i_idi llilli^, IL S-Lm.Il Oc tilt; u.u.Vy ui Liie ^ji'Gljeitti COTJi't, WiuLllH LIH'CC Cities
cilLci' Lilt; Ili'St JjUljliua.Liun OI tlit; ItuLiCG 111 Lite HcWoj-iilJiel, tu u.ii'tJCt, St/fl-Hlp, fl.ilCl ill3.1 J; by
fiist-clasb mail a copy uf the published citation to thepnisim tu be notifitid service shall be made by mailing by certified or registered mail, return receipt requested, a copy of the petition and the citation.
(d) When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is unknown or who is known but whose current residence address is unknown, whu msideb uutbide thlb

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slate, ui who iiivulmilaiily lesuleb outside this slate uiidei ciii urns lances that make it difficult tu deleimhm if the peifeon is a legal residenl uf this state 01 some ullim stale shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown person, it shall be sufficient if the records of the court show publication published notice directed to all and singular the parties in inter est and compliance with this Code section. In the case of a uuiii usident whu is kiiuwu or a known person whose current residence address is unknown ui a known person who
ICJCIUICB uulsiilt;lilt? simile iiivuluntai Liy uiiuci diiyUinotdiiuca llidl uitiivt; it iliiliuull lu ilc-
terniiiie if such person is a legal lesideiil uf tins stale ur some olliei stale, that person's name shall appear in the records of the court, and such records shall show as to that person compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section."
SECTION 29.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-5, relating to additional service or notice, and inserting in lieu thereof the following:
"53-11-5.
The probate judge may direct any additional service or notice or extend the time to re spond with respect to any proceedings covered by this chapter as the judge may deter mine to be proper in the interests of due process and reasonable opportunity for any party or interest to be heard."
SECTION 30.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (a) of Code Section 53-11-6, relating to waiver or acknowledgment of service or notice and consent to granting of relief or entry of order, and inserting in its place the following:
"(a) Service or notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment shall be in a writing signed by the person to be served or some person authorized by the person to be served, shall be sworn to or af firmed before the probate court or a notary public, and shall be filed with the probate court."
SECTION 31.
Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-9, relating to issuance of citation upon filing of petition, and inserting in lieu thereof the following:
"53-11-9.
(a) Upon the filing of a petition, a citation shall be issued addressed to the persons re quired to be served or entitled to notice; provided, however, if all parties have acknowl edged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the probate court. The citation also shall state whether the hearing will take place on a certain date or be specially scheduled for a later date. Where appropriate, the citation shall state that if no objections are filed, the petition will be granted.
(b) For purposes of this chapter, the words 'citation' and 'notice' shall have the same meaning unless the context otherwise requires?*

TUESDAY MARCH 25, 1997

1653

SECTION 32.

Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-10, relating to the date by which objections must be filed or on which a hearing will be held, and inserting in its place the following:
"53-11-10.

(a) Except as otherwise prescribed by law or directed by the judge pursuant to Code Section 53-11-5 with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than 30 days from the date thu cilaliuii in issund ten days after the date the person is personally served For persons within the continental United States who are served by registered or certified mail, re turn receipt requested, the date on or before any objection is required to be filed shall not be less that 13 days from the date of mailing; provided, however, that if a return receipt from any recipient is received by the court within 13 days from the date of mailing, the date on or before any objection is required to be filed by such recipient shall be ten days from the date of receipt shown on such return receipt. For a person outside the continen tal United States who is served by registered or certified mail, return receipt requested, the date on or before any objection is required to be filed shall not be less than 30 days from the date the citation is mailed; provided, however, that if the return receipt from any recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than ten days from the date of receipt shown on such return receipt. For a person served by publi cation, the date on or before which any objection is required to be filed shall be no sooner than the first day of the week following publication once each week for four weeks.
(b) Except as otherwise prescribed by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the probate court may specify. When the matter is set for hearing on a date that was not specified in the petition citation, the probate court shall send by first-class mail a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by them in their pleadings.
(c) Notwithstanding the ulher piuvlbiunh uf this Code section, Ihe date by which ubjeu-
t/iuiis must ut; illcu ui un wiiiCii tllti liefcU'iiig will be licit! sliall be no cai'liei' ulall ttui days
filler tilt: uate OI Sfci'viCe Oil <llVy pei'SOii Wiiu iS entitled, tu pcl'SOim! Stri'VlOt;.

SECTION 33.

Section 16 of this Act shall become effective July 1, 1997, and shall stand repealed on January 1, 1998. The remaining provisions of this Act shall become effective on January 1, 1998.

SECTION 34.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th Brush

Burton Cagle Cheeks Clay

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Crotts Dean
Egan Fort Gillis Glanton Gochenour Griffin 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 Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Harbison

Scott

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.
The following bill was taken up to consider House action thereto:

HB 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997 and ending June 30, 1998.
Senator Hooks of the 14th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Hooks of the 14th, Perdue of the 18th and Walker of the 22nd.
The following bill having been read the third time on March 24th and action precluded by an adjournment motion, which prevailed, was continued upon its passage:

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.
Senate Sponsor: Senator Thomas of the 10th.
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 635:
A BILL
To be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to provide for certain new definitions; to amend certain definitions; to remove the authority of the Secretary of State to designate hearing officers in certain candidate qualification challenge proceedings; to provide that certain time periods applicable to primaries and elections generally include Saturdays, Sundays, and legal holidays; to provide for a mechanism for resignation from and filling of vacancies on boards of counties having no board of elections and in which the judge of probate court is a candidate; to amend provisions relating to terms of service on such boards; to change

TUESDAY MARCH 25, 1997

1655

the method of determining the distribution of qualifying fees in primaries and elections generally; to change the inclusive dates of notification of intent for write-in candidates for general and special elections; to provide for the time of qualification of candidates for presi dential elector; to provide that the state executive committee of a party may fill a vacancy in any party nomination; to change provisions relating to the presidential candidate selec tion committee and the certification of candidates; to delete certain provisions relating only to the 1992 and 1996 primaries; to provide that the Secretary of State and election superin tendents shall reject nominating petition signatures and pages not in conformance with law; to change certain provisions relating to form and submission of such petitions; to change certain provisions relating to absentee ballots; to provide for certain changes in the procedures relating to registration of voters, precinct cards, and the official list of voters; to change certain provisions relating to ballot labels in nonpartisan primaries; to provide for separate vote recorders for each party in primaries; to authorize nonpartisan poll watchers and to incorporate certain State Election Board rules into the provisions governing poll watchers; to make certain provisions governing general primary qualification applicable to special primaries; to amend certain provisions relating to nomination in nonpartisan primaries; to provide for setting the date of second primaries, elections, and runoffs in con tested general primaries, elections and runoffs; to amend certain procedures relating to appeals of judgments in such contests; to clarify certain provisions relating to dates of spe cial primaries and special elections generally; to change certain provisions regarding the printing of certain candidates' names on election ballots and ballot labels in elections and primaries generally; to provide for public access to polling places during the official count; to require entry of credit for voting within a certain period; to permit the destruction of unused ballots under certain circumstances; 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.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended by striking in its entirety Code Section 21-2-2, relating to definitions applicable to primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-2 to read as follows:
"21-2-2.
As used in this chapter, the term:
(1) 'Ballot card' means the tabulating or punch card upon which an elector records his or her vote by the use of a vote recorder. 'Ballot card' also means a ballot upon which an elector records his or her vote for tabulation by an optical scan tabulating machine.
(2) 'Ballot labels' means the cards, paper, or other material placed on the front of a voting machine or vote recorder containing the names of offices and candidates and statements of questions to be voted on.
(2.1) 'Call' or 'the call,' as used in relation to special elections or primaries, means the affirmative action taken by the responsible public officer to cause a special election or primary to be held. The date of the call shall be the date of the first publication in a newspaper of appropriate circulation of such affirmative action.
(3) 'Custodian' means the person charged with the duty of testing and preparing the voting machine or vote recorder for the primary or election and with instructing the poll officers in the use of same.
(4) 'Election' means any general or special election and shall not include a primary.
(5) 'Election district' is synonymous with the terms 'precinct' and 'voting precinct.'
(6) 'Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and shall have registered in accord ance with this chapter.

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(7) 'General election' means an election recurring at stated intervals fixed by law; and the words 'general primary' mean a primary recurring at stated intervals fixed by law.
(8) 'Independent' means a person unaffiliated with any political party or body.
(9) 'Managers' means the chief manager and the assistant managers required to con duct primaries and elections in any precinct in accordance with this chapter.
(10) 'Municipality* means an incorporated municipality.
(11) 'Nomination' means the selection, in accordance with this chapter, of a candidate for a public office authorized to be voted for at an election.
(12) 'November election' means the general election held on the Tuesday next following the first Monday in November in each even-numbered year.
(13) 'Numbered list of voters' means one or more sheets of uniform size containing consecutively numbered blank spaces for the insertion of voters' names at the time of and in the order of receiving their ballots or number slips governing admissions to the voting machines.
(14) 'Oath' shall include affirmation.
(15) 'Official ballot' means a paper ballot which is furnished by the superintendent in accordance with Code Section 21-2-280.
(16) 'Official ballot label' means a ballot label prepared in accordance with Article 9 of this chapter and delivered by the superintendent to the poll officers in accordance with Code Sections 21-2-328 and 21-2-360.
(17) 'Paper ballot' or 'ballot' means the forms described in Article 8 of this chapter. The term 'paper ballot' shall not include a ballot card.
(18) 'Party nomination' means the selection by a political party, in accordance with this chapter, of a candidate for a public office authorized to be voted for at an election.
(18.1) 'Plurality' means the receiving by one candidate alone of the highest number of votes cast in an election among the candidates for the same office provided that such number of votes exceeds 45 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total votes cast in the election for the office sought there is no plurality.
(19) 'Political body' or 'body' means any political organization other than a political party.
(20) 'Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomina tion of candidates for public office and, if possible, the election of its candidates to pub lic office, except that the term 'political organization' shall not include a 'subversive organization' as defined in Part 2 of Article 1 of Chapter 11 of Title 16, the 'Sedition and Subversive Activities Act of 1953.'
(21) 'Political party' or 'party' means any political organization which at the preceding:
(A) Gubernatorial election nominated a candidate for Governor and whose candidate for Governor at such election polled at least 20 percent of the total vote cast in the state for Governor; or
(B) Presidential election nominated a candidate for President of the United States and whose candidates for presidential electors at such election polled at least 20 percent of the total vote cast in the nation for that office.
(22) 'Polling place' means the room provided in each precinct for voting at a primary or election.
(23) 'Poll officers' means the chief manager, assistant managers, and clerks required to conduct primaries and elections in any precinct in accordance with this chapter.

TUESDAY MARCH 25, 1997

1657

(23.5) 'Precinct' is synonymous with the term Voting precinct' and means a geographi cal area, established in accordance with this chapter, within which all electors vote at one polling place.
(24) 'Primary* means any election held for the purpose of electing party officers or nom inating candidates for public offices to be voted for at an election.
(25) 'Public office' means every federal, state, and county office to which persons can be elected by a vote of the electors under the laws of this state, except that the term shall not include the office of soil and water conservation district supervisor.
(26) 'Question' means a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election.
(27) 'Residence means domicile.
(28) 'Special election' means an election that arises from some exigency or special need outside the usual routine.
(29) 'Special primary' means a primary that arises from some exigency or special need outside the usual routine.
(30) 'Superintendent' means either the judge of the probate court of a county or the county board of elections, the county board of elections and registration, the joint citycounty board of elections, or the joint city-county board of elections and registration, if such a county has such.
(31) 'Swear' shall include affirm.
(32) 'Tabulating machine' means any data processing machine used in counting ballot cards and tabulating votes thereon.
(33) Reserved.
(34) "Vote recorder' means a device into which a ballot card may be inserted so that an elector may record his or her vote for any candidate and for or against any question by punching or marking the ballot card.
(34.1) 'Voter' is synonymous with the term 'elector.'
(35) 'Voting machine' shall not include a vote recorder or tabulating machine.
(36) Write-in ballot' means the paper or other material on which a vote is cast for persons whose names do not appear on the official ballot."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 21-2-5, relating to qualifications of candidates for federal and state office and determination of qualifications, and inserting in lieu thereof a new Code Section 21-2-5 to read as follows:
'21-2-5.
(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitu tional and statutory qualifications for holding the office being sought.
(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may chal lenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon own his or her motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is suiting requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and

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place of the hearing when such information becomes available. The Secietaiy uf 3lale
llitliOi'lml tu LlcsiglltiLe iin_y liitJlllutli ul lila ulliwc clB a llticlliiig ulliuci wliu &li<xll Ue ciijlliu
tu omdiicL a healing fui the puipufee uf leceiving luatimcmy regaining the qualifica tions uf any candidate. The healing ufllcm administrative law judge shall report his or her findings to the Secretary of State.
(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.
(d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secretary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may re verse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the Secretary of State;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly un warranted exercise of discretion.
An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
SECTION 3.
Said chapter is further amended by striking in its entirety Code Section 21-2-14, relating to computation of time under said chapter, and inserting in lieu thereof a new Code Section 21-2-14 to read as follows:
"21-2-14.
Unless otherwise stated, time periods under this chapter include Saturdays, Sundays, and legal holidays. When the last day for the exercise of any privilege or the discharge of any duty prescribed or required by this chapter shall fall on a Saturday, Sunday, or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of such duty."
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 21-2-70, relating to powers and duties of election superintendents, and inserting in lieu thereof a new Code Section 21-2-70 to read as follows:

TUESDAY MARCH 25, 1997

1659

"21-2-70.
Each superintendent within his or her county shall exercise all the powers granted to him or her by this chapter and shall perform all the duties imposed upon him or her by this chapter, which shall include the following:
(1) To receive and act upon all petitions presented by electors, the board of registrars, or the county executive committee of a political party for the division, redivision, alter ation, change, or consolidation of precincts;
(2) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with him or her in accordance with this chapter;
(3) To prepare and publish, in the manner provided by this chapter, all notices and advertisements, in connection with the conduct of elections, which may be required by law, and to transmit immediately to the Secretary of State a copy of any publication in which a call for a special primary, election, or runoff is issued;
(4) To select and equip polling places for use in primaries and elections in accordance with this chapter;
(5) To purchase, except voting machines and voting recorders, preserve, store, and maintain election equipment of all kinds, including voting booths and ballot boxes and to procure ballots and all other supplies for primaries and elections;
(6) To appoint poll officers and other officers to serve in primaries and elections in accordance with this chapter;
(7) To make and issue such rules, regulations, and instructions, consistent with law, including the rules and regulations promulgated by the State Election Board, as he or she may deem necessary for the guidance of poll officers, custodians, and electors m primaries and elections;
(8) To instruct poll officers and others in their duties, calling them together in meetings whenever deemed advisable, and to inspect systematically and thoroughly the conduct of primaries and elections in the several precincts of his or her county to the end that primaries and elections may be honestly, efficiently, and uniformly conducted;
(9) To receive from poll officers the returns of all primaries and elections, to canvass and compute the same, and to certify, as soon as practicable following the primary and election, the results thereof to such authorities as may be prescribed by law;
(10) To announce publicly, by posting in his or her office, the results of all primaries and elections held in his or her county;
(11) To cause the casting of votes by qualified electors to be reported to the Secretary of State within 60 days of a primary or election for the purpose of maintaining the list of electors^
(11)(12) To prepare annually a budget estimate of his or her expenses under this chap ter, in which shall be set forth an itemized list of expenditures for the preceding two years and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and to submit the same at the time and in the manner and form other budget estimates of his or her county are now or may hereafter be filed; and
ti2)(13) To perform such other duties as may be prescribed by law.
SECTION 5
Said Chapter is further amended by striking in its entirety Code Section 21-2-74, relating to creation of a board in counties having no board of elections and in which the judge of probate court is a candidate, and inserting in lieu thereof a new Code Section 21-2-74 to read as follows:
'21-2-74.
(a) If a county does not have a board of elections and if the judge of the probate court of that county is a candidate, with opposition, for any public office in a primary or election,

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a board to be composed of the judge of the probate court who shall serve as chairperson, of an elector of the county named by the state Democratic executive committee, and of an elector of the county named by the state Republican executive committee shall assume the duties of the election superintendent for any such primary or election.
(b) In selecting a person to serve, the state executive committee is authorized to seek the recommendation of the county executive committee, if any; persons from the county who are active in the party; persons who are present or former officials in the party; persons who hold political office or who have sought political office as candidates of the party; and such other persons as the committee shall desire to consult.
(c) Within five days after the close of qualifying, the judge of the probate court shall notify the state Democratic and Republican party executive committees in writing of the need to appoint a member of the board. The state executive committees shall have 14 days from the close of qualifying to appoint their respective members of the board. If the state executive committee of a party has not notified the judge of the probate court of its appointment by the close of business on the fourteenth day after the close of qualifying, the judge of the probate court shall notify the chief judge of the superior court of the county. The chief judge shall appoint an elector of the county to serve on the board within seven days following the notice from the judge of the probate court. A board mem ber may resign by giving written notice to the probate judge. In the event of the death, resignation, or other vacancy of the position of an appointed board member the probate judge shall immediately notify the state executive committee of the appropriate party of such vacancy, and the state executive committee shall promptly fill such vacancy. If the state executive committee has not filled such vacancy within seven days after notification of such vacancy by the probate judge, the probate judge shall notify the chief judge of the superior court of the county of such vacancy and the chiefjudge shall appoint a person to serve within seven days after being so notified.
(d) The judge of the probate court shall swear in the other board members and shall instruct the other board members concerning their duties on the board. The board mem bers shall begin service on the board on the date on which they take their oath as mem bers of the board and shall serve until the judge of the probate court no longer has opposition or is no longer a candidate for public office, whichever comes first.
(e) Appointed board members shall receive a per diem of $55.00 per day for each day of service on the business of the board. Such fees shall be paid from county funds."
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 21-2-130, relating to procedures for qualification of candidates in elections and primaries generally, and in serting in lieu thereof a new Code Section 21-2-130 to read as follows:
"21-2-130.
Candidates may qualify for an election by virtue of:
(1) Nomination in a primary conducted by a political party;
(2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172;
(3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180;
(4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party;

TUESDAY MARCH 25, 1997

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(5) Substitute nomination by a political party or body or substitute nonpartisan nomi nation for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively;
(6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2132;
(7) Incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; or
(8) Nomination in a nonpartisan primary fur the office of judge uf a state mm t, judge uf
'A ftupei lui uuuit, J ud^t; Or Hie Cutut ul A^j{jt;cil, ui Juslicf ul tut: oupi t;mt Cuuit as
pi escribed in Cude Eteclioii 21-2--t38."
SECTION 7.
Said chapter is further amended by striking in its entirety Code Section 21-2-131, relating to fixing and publication of. payment of, and distribution of qualifying fees, and inserting in lieu thereof a new Code Section 21-2-131 to read as follows:
"21-2-131.
(a) Qualification fees for party and public offices shall be fixed and published as follows:
(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements au thorized by law if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income de rived from such office by the person holding the office for the preceding year;
(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Sec retary of State for a nonpartisan primary and for any candidate filing with the Secre tary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office.
(b) Qualifying fees shall be paid as follows;
(1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies;
(2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate.
(c) Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case

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of a special primary. Such fees shall be transmitted as soon as practicable by the su perintendent to the governing authority of the county, to be applied toward the cost of the primary and election;
(2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treas ury and two-thirds to the guveining authority uf the county ui ixmiitieb in the district
111 wliiuli Lilt; i^cuiilitlcitt;i Una,ctLidiIces LuDG <ifj|jliGtlluwcii tlLilt; lAjat Ot liuliliiigtlit?
primal y and election. If the office sought by the candidate is filled by the vutu uf elticLuib uf inuiu tlidii UIJLB coiniLy, tmcli fee bhdll bu divided among the cumitiut, involved in
11 u^jui LiuiltO LlicvuLcC<ilSL Ijy cdCll uuunL.yill Lilt? ^ji cccillilg JJ1 csitlcilLicilclct;Liuii Ql-
vided among the governing authorities of the counties in the candidate's district's proportion to the population of each such county according to the last United States decennial census, such fees to be applied to the cost of holding the election;
(3) Qualification fees paid to the superintendent of the county:
(A) If the person qualifies as a candidate of a political body, 50 percent shall be trans mitted to the state executive committee of the appropriate political body and 50 per cent shall be retained by the superintendent of the county; and
(B) If the person qualifies as an independent or nonpartisan candidate, the superin tendent of the county shall retain the entire amount of the fees.
Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election;
(4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows:
(A) If the person qualifies as the candidate of a political body, 75 percent shall be transmitted to the appropriate political body and 25 percent shall be retained by the Secretary of State; and
(B) If the person qualifies as an independent or nonpartisan candidate, the Secretary of State shall retain the entire amount of the fees.
Such fees shall be transmitted as soon as practicable by the Secretary of State as fol lows: one-third to the state treasury and two-thirds divided among the governing au thorities of the counties in proportion to the population of each county according to the last United States decennial census, such fees to be applied to the cost of holding the election."
SECTION 8.
Said chapter is further amended by striking in its entirety Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new Code Section 21-2-132 to read as follows:
"21-2-132.
(a) The names of nominees of political parties nominated in a primary, the names of nominees of political parties for the office of presidential elector, and the names of candi dates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section.
(b) Candidates seeking nomination in a nonpartisan primary shall comply with the re quirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to

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have their names placed on the nonpartisan primary ballots. Candidates seeking elec tion in a nonpartisan election for an office that the General Assembly has provided by local Act shall be filled without a prior nonpartisan primary shall comply with the re quirements of subsections (c) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots.
(b.l) All candidates seeking nomination in a nonpartisan primary shall file their notice of candidacy and pay the prescribed, qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immedi ately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and
(2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immedi ately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays.
(c) All other candidates shall file their notice of candidacy and pay the prescribed qualify ing fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or her is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immedi ately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election.
(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candi dacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:

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(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomina tion petition as required by this chapter;
(4) A candidate seeking nomination or election in a nonpartisan primary or election; or
(5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate can didates for state-wide public office under the provisions of Code Section 21-2-180.
(e) Each candidate required by this Code section to file a notice of candidacy shall accom pany his or her notice of candidacy with an affidavit stating:
(1) His or her residence, with street and number, if any, and his or her post office address;
(2) His or her profession, business, or occupation, if any;
(3) The name of his or her precinct;
(4) That he or she is an elector of the county of his or her residence eligible to vote in the election in which he or she is a candidate;
(5) The name of the office he or she is seeking;
(6) That he or she is eligible to hold such office;
(7) That the candidate has never been convicted and sentenced in any court of compe tent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude or conviction of domestic violence under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and
(8) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter.
The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy.
(f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 of any candidate who has filed a qualify ing petition as provided for in subsection (g) of this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: 'WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be.

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(g) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the quali fying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements:
(1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percent age figure shall be computed on the total number of registered voters in the constitu ency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected;
(2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation;
(3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or her is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affida vit of the circulator of such sheet, setting forth:
(A) His or her residence address, giving municipality with street and number, if any;
(B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition;
(C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and
(D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit;
(4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and
(5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing."

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SECTION 9.
Said chapter is further amended by striking in its entirety Code Section 21-2-133, relating to giving of notice of intent by write-in candidates, and inserting in lieu thereof a new Code Section 21-2-133 to read as follows:
"21-2-133.
(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was given no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election or at least 20 or more days prior to^tfae a special election by the person to be a write-in candidate or by some ether person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; or
(2) In a general or special election of county officers, to the superintendent of elections in the county in which he or she is to be a candidate and by publication in the official organ of the same county.
(b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in paragraph (1) or (2) of subsection (a) of this Code section, a copy of the notice as published with an affidavit stating that the notice has been published and including the name of the newspaper and the date of pub lication, not later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher.
(c) No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff.
(d) No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immedi ately preceding primary.
(e) The Secretary of State shall certify to the election superintendent of each county af fected at least 10 days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State."
SECTION 10.
Said chapter is further amended by striking in its entirety Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office, and inserting in lieu thereof a new Code Section 21-2-134 to read as follows:
"21-2-134.
(a)(l) A candidate nominated at any primary election or nonpartisan primary or nomi nated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office, or the county superintendent, if nominated for a county office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, death, or disqualification of a candidate.

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(2) A candidate in a general, special, or nonpartisan primary may withdraw as a candi date after qualifying but prior to the date of the general, special, or nonpartisan pri mary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office, or the county election superintendent, if qualifying for a county office. The qualifying fee shall not be returned to the candi date. If the ballots have been printed, the Secretary of State or the county election superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the with drawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidates shall be void and shall not be counted.
(b)(l) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner:
(A) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least 10 days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairperson and secretary of each county executive committee. Each county execu tive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive com mittee shall be entitled to select at least one delegate. Such apportionment of dele gates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-thirds' majority of the delegates of such county ex ecutive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a sub committee thereof appointed for the purpose;
(B) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such va cancy shall be made by the state executive committee by 4:00 P.M. on the next busi ness day following the actual knowledge of the death of disqualification of the candidate. The decision of the state executive committee shall be immediately trans mitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day fol lowing the actual knowledge of the vacancy, it shall be conclusively presumed that

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the state executive committee has decided not to fill the vacancy. If the state execu tive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommit tee thereof appointed for that purpose; and
(C) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the deci sion of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county execu tive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclu sively presumed that the state executive committee has decided not to fill the va cancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of deter mining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the com mittee or subcommittee desire to consult.
(2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows:
(A) By the person seeking nomination in such primary who received the second high est total of votes cast in such primary for that office, provided that such person re ceived not less than 40 percent of the votes cast for that office; or
(B) In the event no person received the vote total required under subparagraph (A) of this paragraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, as appropriate.
(3) Any vacancy which occurs in any party nomination filled by a primary and which is created by~reason of thlTwrthdrawalTTflTcandTdliteless than 60 days prior to tEeHay of the election shall be filled in the same manner as~provided in subparagraph (A), (B),~or (U) of paragraph (1) of this subsection, as appropriate.
(c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the withdrawal, death, or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such com mittee as is authorized by the rules and regulations of the party or body to make nomina tions in the event of vacancies on the party or body ticket.
(d) If the withdrawal, death, or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such

TUESDAY MARCH 25, 1997

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event result in there being no candidate for that office on the ballot in the general elec tion, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased, withdrawn, or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540.
(e) In the event a candidate withdraws, dies, or is disqualified after the nonpartisan pri mary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner:
(1) If the vacancy occurs prior to 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the withdrawal, death or disqualification of a candi date, the Secretary of State shall reopen qualifications for any state office and the elec tion superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and
(2) If the vacancy occurs within 60 days of the general election, the nonpartisan elec tion shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the elec tion. Upon actual knowledge of the withdrawal, death, or disqualification of a candi date, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secre tary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election.
(f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or subsection (c) of this Code section, it shall be the duty of the chairperson and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certifi cate which shall be signed by such chairperson and secretary. Every such certificate of nomination shall be sworn to by the chairperson and secretary before an officer qualified to administer oaths."
SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 21-2-150, relating to date of general and nonpartisan primary, and inserting in lieu thereof a new Code Sec tion 21-2-150 to read as follows:
"21-2-150.
(a) Whenever any political party holds a primary to nominate candidates for public of fices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section.
(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section.
(c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the

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political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted.
(d) In 1990, such ptimaiy shall be held mi the second Tuesday m July. Nutwilhbtanding any utliei piuviskm uf law lu Hie cuiiUai.y, auy lefeieudum, special election, ui special
^jiiiLiciiy wliiuli IS IcijLiiieu Lu uc lit:lu un llie Llnt'u TUesua^ 111 Jul_y, 1990, islmll nut
uuiiULLuLdl un llicit ilcil/t;, jjut nlicill Lit Ijclu On Llit: oc^-OiiLl 1 Licst-lei
SECTION 12.
Said chapter is further amended by striking in its entirety Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof a new Code Section 21-2-153 to read as follows:
"21-2-153.
(a) A candidate for any party nomination in a primary may qualify by either of the two following methods:
(1) Payment of a qualifying fee pursuant to Code Section 21-2-131; or
(2)(A) The submission of a pauper's affidavit by any candidate who has filed a quali fying petition as provided for in subsection (a.l) of this Code section, by which the candidate under oath affirms his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be pre scribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualify ing fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: "WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be.
(B) If a candidate seeks to qualify for a county or militia district office, the pauper's affidavit and financial statement shall be presented to the county political party; otherwise, the candidate shall file his or her pauper's affidavit and financial state ment with the state political party.
(a.l) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-131 unless such candidate has filed a qualifying petition which complies with the following requirements:
(1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never

TUESDAY MARCH 25, 1997

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been an election or seeking an office in a newly constituted constituency, the percent age figure shall be computed on the total number of registered voters in the constitu ency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected;
(2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation;
(3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affida vit of the circulator of such sheet, setting forth:
(A) His or her residence address, giving municipality with street and number, if any;
(B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition;
(C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and
(D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit;
(4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filling the same; and
(5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing.
(b) Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, that no person shall be prohibited from qualifying for such office if he or she:
(1) Meets the requirements of such procedural rules;
(2) Is eligible to hold the office which he or she seeks;
(3) Is not prohibited from being nominated or elected by provisions of Code Section 212-7 or 21-2-8; and
(4) If party rules so require, affirms his or her allegiance to his or her party by signing the following oath:
'I do hereby swear or affirm my allegiance to the (name of party) Party.'

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(c) In the case of a general primary, the candidates or their agents shall commence quali fying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary.
(d)(l) Within two hours after the qualifications have ceased, the county executive com mittee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the state executive committee of each political party shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located.
(2) Except as otherwise provided in Code Section 21-2-154, it shall be unlawful for any person to add or remove any candidates from either of the lists provided for in para graph (1) of this subsection following the posting of such lists unless such candidates have died, withdrawn, or been disqualified. Any person who violates this paragraph shall be guilty of a misdemeanor.
(e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
(1) His or her residence, with street and number, if any, and his or her post office address;
(2) His or her profession, business, or occupation, if any;
(3) The name of his or her precinct;
(4) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination;
(5) The name of the office he or she is seeking;
(6) That he or she is eligible to hold such office;
(7) That the candidate has never been convicted and sentenced in any court of compe tent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and
(8) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter.
(f) Candidates for the office of presidential elector who have been nominated in accord ance with the rules of a political party shall qualify beginning at 9:00 A.M. on the fourth Monday in April in the year in which a presidential election shall be held and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwith standing the fact that any such days may be legal holidays."
SECTION 13.
Said chapter is further amended by striking in its entirety Code Section 21-2-154, relating to certification of political party candidates in elections and primaries generally, and in serting in lieu thereof a new Code Section 21-2-154 to read as follows:
"21-2-154.
(a) At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding general primary election. Such certification shall be

TUESDAY MARCH 25, 1997

1673

accompanied by the appropriate amount of the qualifying fees paid by such candidates as prescribed in paragraph (1) or (2) of subsection (c) of Code Section 21-2-131. Such certifi cation shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter.
(b) Any candidate whose name does not appear on the list of candidates posted by a county executive committee or the state executive committee pursuant to subsection (d) of Code Section 21-2-153 shall not be certified under this Code section; provided, how ever, that the name of a candidate who has properly qualified whose name has been left off of the list of candidates through inadvertence or clerical error may be placed upon such list upon the filing of an affidavit by the county executive committee or the state executive committee, as appropriate, attesting to such inadvertence or error. The county executive committee of each political party shall attach to its certification a copy of the affidavits required by paragraph (2) of subsection (b) of Code Section 15-6-50, paragraph (2) of subsection (a) of Code Section 15-9-2, subparagraph (c)(2)(A) of Code Section 15-161, paragraph (2) of subsection (b) of Code Section 45-16-1, and paragraph (2) of subsec tion (b) of Code Section 48-5-210."
SECTION 14.
Said chapter is further amended by striking in its entirety Code Section 21-2-171, relating to examination of nomination petitions, and inserting in lieu thereof a new Code Section 21-2-171 to read as follows:
"21-2-171.
(a) When any nomination petition is presented in the office of the Secretary of State or any superintendent for filing within the period limited by this chapter, it shall be the duty of such officer to examine the same to the extent necessary to determine if it com plies with the law. No nomination petition shall be permitted to be filed if:
(1) It contains material errors or defects apparent on the face thereof;
(2) It contains material alterations made after signing without the consent of the sign ers; or
(3) It does not contain a sufficient number of signatures of registered voters as required by law.
The Secretary of State or any superintendent shall review the petition for compliance with the provisions of Code Section 21-2-170 and shall disregard any pages or signatures that are not in conformance with the provisions of that Code section. The Secretary of State or any superintendent may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon and, if he or she shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signa tures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet.
(b) Upon the filing of a nomination petition, the officer with whom it is filed shall begin expeditiously to examine the petition to determine if it complies with the law. During such examination the officer shall have the right to summon by subpoena on two days' notice and interrogate under oath the candidate named in the petition, any person who signed the petition, any person who executed or witnessed any affidavit or certificate accompanying the petition, or any other person who may have knowledge of any matter relevant to the examination. Such officer shall also have the right to subpoena on two days' notice any record relevant to the examination. No witness shall be compelled to attend if he or she should reside more than 100 miles from the place of hearing by the nearest practical route; provided, however, that the officer may compel the taking of his or her testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his or her deputy, or agent of the officer shall serve all processes issued

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by the officer, or the same may be served by United States registered or certified mail; and the production of an appropriate return receipt issued by the United States post office shall constitute prima-facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the officer to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify; and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. The officer shall not be bound by techni cal rules of evidence in hearing such testimony. The testimony presented shall be stenographically recorded and made a part of the record of the examination. If the petition complies with the law, it shall be granted and the candidate named therein shall be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his or her last known address. In neither case shall the petition be returned to the candidate.
(c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of mandamus to compel the granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable; and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his or her decision and to grant the nomination peti tion. From any decision of the superior court an appeal may be taken within five days after the entry thereof to the Supreme Court. It shall be the duty of the Supreme Court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot if the court should so determine."
SECTION 15.
Said chapter is further amended by striking in its entirety Code Section 21-2-183, relating to form of nomination petitions, and inserting in lieu thereof a new Code Section 21-2-183 to read as follows:
"21-2-183.
(a) A petition to qualify a political body to nominate candidates for public office by con vention shall be on one or more sheets of uniform size, and different sheets must be used by signers residing in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the Secretary of State and the political body to be formed by the petition. If more than one sheet is used, they shall be bound together when offered for filing and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page.
(b) Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet setting forth:
(1) The residence address of the circulator;
(2) That each signer manually signed such signer's own name with full knowledge of the contents of the political body qualifying petitions;
(3) That, to the best of the affiant's knowledge and belief, the signers are registered voters of the State of Georgia, qualified to sign the petition;

TUESDAY MARCH 25, 1997

1675

(4) That their respective residences are correctly stated in the petition; and
(5) That they all reside in the county named in the affidavit."
SECTION 16.
Said chapter is further amended by striking in its entirety Code Section 21-2-185, relating to filing deadline for nomination petition, and inserting in lieu thereof a new Code Section 21-2-185 to read as follows:
"21-2-185.
No petition to qualify a political body shall be submitted to the Secretary of State for verification after 12:00 Noon on the first Tuesday in August second Tuesday in July."
SECTION 17.
Said chapter is further amended by striking in its entirety Code Section 21-2-187, relating to holding of conventions and filing notice of candidacy, and inserting in lieu thereof a new Code Section 21-2-187 to read as follows:
"21-2-187.
Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than 12:00 Noon on the second Tuesday in July following the convention as prescribed in Code Section 21-2-185 21-2-172 in order to qualify its candidates to be listed on the general election ballot."
SECTION 18.
Said chapter is further amended by striking in its entirety Code Section 21-2-191, relating to parties entitled to hold primaries, and inserting in lieu thereof a new Code Section 21-2191 to read as follows:
"21-2-191.
As provided in this article, a presidential preference primary shall be held in 1992 and every four years thereafter for each political party or body which has cast for its candi dates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by such person's party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 3, 1992, and on the first Tuesday in March every four years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alter nate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary; provided, however, that such dates shall not be later than December 31 in the year pre ceding the year in which the presidential preference primary is to be held."

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SECTION 19.
Said chapter is further amended by striking in its entirety Code Section 21-2-193, relating to selection of candidates to appear on ballot, and inserting in lieu thereof a new Code Section 21-2-193 to read as follows:
"21-2-193.
(a) Not later than December 31 in the year preceding the year in which a presidential preference primary is to be held, the state executive committee of each party which is to concTuct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference pri mary ballot. Such lists shall be published by the Secretary of State in a newspaper of general circulation in the state during the first week of January in the year in which thepresidential preference primary is to be held. The name uf any candidate fur a puliLrcai parly ui budy Humiliation fur Lhe ufflcb uf President uf the United Stales shall be piixited
Lijjun Llic utilluL untjtl 111 suuli jjiimcii^ u^jun Llic LliieuLiuii ul ti ^ji u&iutuiLicil umiuiilcilu odei;-
Uuu cuiiimiUuK compuseJ uf a iiuiivuling chah person who shall be Ihe Seaetaiy uf Stale
ctilu~tllt: ojJU<iK.d Oi Tilt; J-iOUSfe ul Jrvt^pi'cHCiitatlVeS, tile ilitiJOi'ity le&utir Oi tile oclliltt;, tile
minority Itjcicltji's oi tootii tlie HOU.SG 3.HQ oeiiats, aiiu tliG cliturpsrsoiis or tile pont>ic3l psr-
ties ftilu uOdltJB wilO COllClTlCt & pi*cisidt;iiti.ii pi'tjIei'ellCe pi'iiiifcii'y pu.i'Su.ciilt tO UOue oeCtiuii
21-2-191. I Ii6 oeCi'tittiry ot otate, during tile lourtli week. in November of tlic year pre-
CSulllg tlie yScli1 in wliidl S"'piLt;Siu.t;iitia.l pi'61t:i'6iiCtr pi'nuiii'j' IS nfelcl, Snail pr6p3T! 3.11Q
ptiuilSil fl list OI 1131116S Ol'~ pOt'SlltKll pr6SlCit;llLl3.i Cclllu.lu.ciLt;S Wiiu tiiTe ^ellisi'&liy 3ClVXjC(itt;u.
Ol" I'fcJcugiiiiuCi in news IJ16CII3. Lln'u u^iiu U.L Ll it; UiiiLtJU OLfciLeB SS tis pn'tiii Ls IO1" tllSt OII1CB tiiiCl WnO dre iiit;lliut:i*t> OI ti pOlit'iCill pd.i'ty Oi* tiOCly WlliCil Will COildLiCt SL pi'eSiCleilticil pi'ci"
eience piimai'.y In this state, provided, however, thai the Secretary of State shall nut
iiiCiuClt: On suCii liSt tlie 110.111 tr OI o.iiy potelltifl.1 pi*6Siu6iiti8.1 Cailuiu&tt; wliO, il eleCLeu Lu
Uiu uffice uf President uf the United Slates, would be ineligible under the Cuiialiluliuii
S.11CI IfciwS OT tO6 U iiiLtJU. ot-tiLus Lu StJi'vt; ui suCll tjltJCLeil ulllCe. Hie oeCi'trLo.i'y Oi oLo.Le sllSll
also submit such list uf muiius of polniitial prusidential caiiJUates tu the sulmliun cumniittfee during tlie lourtli w&6k. in JMov&mbui ot tli6 y63.i pr6C6u.ing tns y63.r in wnicn a.
prGSiduiiLiy.! pi'clci'ciiCc pi'iiiicii'^ iS litjlcl . 1 Tie SeleCtiOil COiliiliit'ttJe Slltill ilitJeL ui ALltniLii
tilt; Ili'st WcuK. Ill UGCcllluGI* 01 tll& y6fll" pl"6CBO.lll^ tilfe ^63.1" 111 WlllCO
pr6I6r6HCtS prilUSry IS tlSIO., OH SL ufctLt; jjuulicly aiinOLUiCtiU. \jy Llj-c ulia.n'^Jt;ilsun. K&Cll p&l"tiOii dt;Si^iia.tt;Ci uy tilt; oeCi*t;tfl.i*y 01 oljfl.te 3.S A pl'ticJiCleiiti&l CB.ilCliu.fl.tt5 cilicLll S.ppeB.i' upOii
trie ballot oi tli6 a.ppropna.t6 political p&i"ty or body unl&ss SLLI coinniitt66 nionibfers of tli6
Sfllll6 political jjai't^ ui' buuy as tlit; Ca.iiuiua.tt; agi'ee tu uulete suCii CfcniCliCiate s 110.1116 ii'Oili
til6 UiillOt/. 1 116 SfelcCtlOil COiH 1111 1 Ltife Sllflli pLtullCly 3.1 1 II Oil 11C6 3tlu Stlullllt/ tllG H&1116S Oi
pl'tiSlQfelit13.1 Cim.Ct.lQlt&S \VilO Sil3.Il &pp6fl,I" OH tilfe pr6SIQ6Ilbl&l pi'iniiii'y uallOL Lu Lilt; oeui't;Ltii'^y 01 oLtitt; liO laLtJi* tiio.ii Llle eilCl OI tiie lli'St WctJJt OI JJeCt;iliut!t' OI tliK y6&r pt*6C6Qlll^ tilt;
vear a pj bsideiilial piefereuce primal .y is held. Nut lalei than December 15 uf each j/eai1
pi'uuuuiiig Lilt; yva.i' in wlnCll a pi'esiu.eiitia.1 pi'etei'tJilCt; pi'nlia.i*y iS llelu., tllG oeCi'et&ry OI
otiitt; Siiclll iiutiiy C&Cil "potdlti&i pFtiSluGlltlili C311ulQ3t6 Clfesi^iiHtGCt DytllS COHlTHItt^G lOl"
inclU-Sioii on Clio pninavy us.liot. oucti iiOLiiic&iLiOxi sli&ill DG nr w i*itiii^ oy i'tj^isttji'ecl or*
. nifciil wiLli I'tst ui'ii I'cCcipt i'e*^U.
( u) Any prosicltjiil'io.l co.iici.iJo.te wliosc iifcniie is iiuti Seiecttjcl by tlie o6crt!L3i"y oi ota.tt; or wliuse namtj is deleteJ by the selectlun committee may lequest, In willing, to the
chairperson OI tll6 S61GCtlOlJi Cuxmuittet;, pi'iOi' tu IJeCeiilbei1 lu 01 6^011 y6fl.i' pfeCednig tlit; ye<iil in wiiiCli ~d pi'cciiClciitiiil pi'tJlet'trilCt; pi*lllltry IS lltilu., tilSt SUCil C3.HCllu.flt6 S U3.1U6 D6
placed un the ballot. Not eailiei tlian December 15, nui lalei Qiaii Decembei 22 uf the
yuiH" prSCGdllTig Lilt; _yt;ai* 111 wliiCll o. pi^SiCiciit/13.1 pl'trlci'eli.Ct; pril!13.ry IS llSltl, til6' faGCrGL&'ry
uf Stale shall convene lliu cummittee tu consider such requests, provided, however, that
tll6 COllllllltt66 Sliall Hot COHSrClBT 'any I'eLiutrst tu pIo.C6 tlit: il&iiie OI diiy puteiltidl pfeSiuelltifcil Cu.iiCiiClo.te On tile D&llot il SLiCil pOteiltiB.1 pl*t:t!lO.61lt/lS.l CctllultliltG, II 6l6Ct/6Q tO tn.6 ulliCt;
Ui jrl*BSlu.;lltj OI til 6 LJ lilted otlL6S, WOUiCi D6 Ilieli^i ult; . IT any iiic 111 ue i* Ot tile SeleCtlOil cuiiiiinttet; ul tlie SB.ilie |jOliLiCd.l pcii'ty Oi* IjuCly fl.c> tilt; Co.iiCliCl3.te l*eC[U6SLS tliat SUCll CailCll51
date S lia.lHtrt)6 plaCGu Oil tllG ballot, tllG C0111111ltt66 Snail uIl*6Ct tlit; oeCi'etcu'y ul otate to

TUESDAY MARCH 25, 1997

1677

place the candidate's name un the ballot. Within five days after huch mealing, the Oecre-
tcii y ui otatc rilicill nuLily Llic ^uteiititil piconjeiitieil i;iiiiliilcitt? wlitLliei' Oi iiut sudi ^.tanui-
dale's name will appeal un the ballot."
SECTION 20.
Said chapter is further amended by striking in its entirety Code Section 21-2-194, relating to procedure for withdrawal of candidates, and inserting in lieu thereof a new Code Section 21-2-194 to read as follows:
"21-2-194.
Reserved. A candidate's name bhall be piiiited on the appiopiiale piimaiy ballut unless
SLUJiJ. CctiidiCititt; riu.uiii.lLS tu tlie oOci'ettti'y OI otilteby \2>. DO JNoon, JJfcJctJiiitrtii" ox, in ticitli
yeB.11 pi'eCGClm^ tlie yetii1 111 Wii-lCll tl pi'KSiCltJiiticil prtJitJ^fcJiiCe pi*iiiick.irj"~TSJ ilelu., cm ainiliivit
stating without qualification that such peiHun ib nut nuw and dues nut pieaenUy intend tu becuine a candidate fui the office uf President uf the United States at the upcuming nunii-
natlllg CuiWeiltlOn ui suCli pei'SGli s political ptii t_y Oi' uudy.11 a Candida tt; Wltiidi aws pur
's MM nt to tJTJS--fVitl^ **ri-\ 'n~ii t----H it- '^i^-iTf'l ri'\--of ^1 fit^ ^liati--imtifv 1} le ^tfltp--^XKt'ijtJVP
uuiiiiiiittet; OI tile jjulitiCfl.1 p&l'ty Or uuu._y OI SiiCIl CSiiuiLlfciije tll&t ttlG uiiiiu.iu.citt; e> liaiHt; will
iiol be plated un Lhu ballot."
SECTION 21.
Said chapter is further amended by striking in its entirety Code Section 21-2-224, relating to registration deadlines, restrictions on voting, official list of electors, and voting proce dures when portion of county changes from one county to another in elections and prima ries generally, and inserting in lieu thereof a new Code Section 21-2-224 to read as follows:
"21-2-224.
(a) If any person whose name is not on the list of registered electors desires to vote at any general primary, general election, or presidential preference primary, such person shall make application as provided in this article by the close of business on the fifth Monday or, if such Monday is a legal holiday, by the close of business on the following business day prior to the date of such general primary, general election, or presidential preference primary.
(b) If any person whose name is not on the list of registered electors desires to vote at any special primary or special election, such person shall make application as provided in this article no later than the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; except that:
(1) If such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration dead line for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or
(2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day.
(c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if

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received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or presidential preference primary or special primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or special elections to fill vacancies in elected county offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections.
(d) Each elector who makes timely application for registration, is found eligible by the board of registrars and placed on the official list of electors, and is not subsequently found to be disqualified to vote shall be entitled to vote in any primary or election; pro vided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election.
(e) The official list of electors eligible to vote in any primary or election shall be prepared and completed at least five calendar days prior to the date of the primary or election in which the list is to be used.
(f) The official list of electors and the official list of inactive electors prepared and distrib uted to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, voter identification number, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designa tions, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each pre cinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of elec tors shall vote or be allowed to vote at any election, except as otherwise provided in this article.
(g) All persons whose names appear on the list of electors placed in the possession of the managers in each precinct and no others except as otherwise provided in this article shall be allowed to deposit their ballots according to law at the precinct in which they are registered.
(h) When any portion of a county is changed from one county to another, the persons who would have been qualified to vote in the county from which taken, at the time of any primary or election, shall vote in the county to which they are removed; and, if required to swear or certify, the oath or certification may be so qualified as to contain this fact. The name of such elector shall be kept and checked as provided in Code Section 21-2228."
SECTION 22.
Said chapter is further amended by striking in its entirety Code Section 21-2-226, relating to duties of county board in determining eligibility of voters, notice of ineligibility, and issuance of registration cards in primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-226 to read as follows:
"21-2-226.
(a) It shall be the duty of the county board of registrars to determine the eligibility of each person applying to register to vote in such county.
(b) Upon finding an elector eligible to vote in the county, the county board of registrars shall have the duty of determining and placing the elector in the proper congressional district; state Senate district; state House district; county commission district, if any;

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county or independent board of education district, if any; and municipal governing au thority district, if any; such other voting districts, if any; and precinct.
(c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended. Upon receiving any changes in municipal bounda ries, the county board of registrars shall provide to the municipal registrar a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes with the municipality.
(d) Each person submitting an application for voter registration shall be notified of the disposition of such application. In the event that the person is found ineligible, the per son shall be notified of the reasons for ineligibility. Such notices shall be sent to the person in writing by nonforwardable, first-class mail at the mailing address listed on the application.
(e) Each elector found eligible to be registered to vote by the board of registrars shall be issued a card which shall contain the elector's name and address, a block or space for the elector's signature, the date of the elector's registration, the name and location of the elector's polling place or polling places if the county and municipal polling places are not the same, and the designation of the elector's congressional district; state Senate district; State House district; county commission district, if any; county or independent board of education district, if any; and municipal governing authority district, if any, and such other voting districts, if any. On the reverse side of the card, there shall be printed in structions which shall indicate the procedure to be followed in the event of the change of address of the elector. In the event an elector changes residences within the county in which an elector is registered to vote, the elector may change such elector's address by returning the card to the board of registrars of such county indicating the new address. Upon receipt of such card, the board of registrars shall make the necessary changes in the elector's registration records and issue a new card to the elector. In the event that an elector's precinct, polling place, or voting district or districts change, a new card shall be issued to the elector reflecting such changes. When the boundaries of a precinct are changed, all affected electors shall be sent a new~card prior to the next primary or elec tion. The form of such cards shall be determined by the Secretary of State. The issuance of such cards shall be sufficient as a notification of the disposition of an application for voter registration under this Code section, provided that such cards are sent by nonfor wardable, first-class mail.
(f) In the event that the registrars are required to issue voters new cards under subsec tion (e) of this Code section due to changes in districts or precincts as a result of reapportionment or court order, the registrars may apply to the Secretary of State prior to June 30 of each year for reimbursement of the costs of postage with respect to mailing such cards during the 12 month period ending on June 30 of that year. The Secretary of State shall receive all such applications and shall, no later than June 30 of each year, reim burse the counties for such costs from funds specifically appropriated for that purpose. In the event that the total amount of the requests for reimbursement exceeds the funds appropriated for reimbursement, the Secretary of State shall reimburse the counties on a pro rata basis. In the event that no funds are specifically appropriated for reimburse ment, no such reimbursement shall be made."
SECTION 23.
Said chapter is further amended by striking in its entirety Code Section 21-2-227, relating to duty of registrars to furnish list of electors for elections held in governmental subdivi sions, and inserting in lieu thereof a new Code Section 21-2-227 to read as follows:

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"21-2-227.
Whenever the authority of a governmental subdivision within a county who is charged with the responsibility of holding elections shall request the board of registrars of the county to furnish a list of electors qualified to vote in the election involved and residing within the limits of such subdivision, it shall be the duty of the board of registrars to prepare promptly and furnish such a list at no charge."
SECTION 24.
Said chapter is further amended by striking in its entirety Code Section 21-2-228, relating to duties of county board in determining eligibility and examination of electors' qualifica tions in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-228 to read as follows:
"21-2-228.
(a) The board of registrars of each county shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector of the county whose name is entered upon the list of electors and shall not be limited or estopped by any action previously taken.
(b) For the purpose of determining the qualification or disqualification of applicants and electors, the board of registrars may, upon at least three days' notice, require the produc tion of books, papers, and other material and, upon like notice, may subpoena witnesses. The board may swear any witness appearing before it. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of a ma jority of the registrars shall control.
(c) The sheriff, any deputy sheriff, or any lawful constable of such county shall serve all summonses, notices, and subpoenas issued by such registrars and placed in the hands of any such official. Such official shall receive such compensation as is provided for like services in the superior court. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported immediately by the registrars to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify; and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court.
(d) If the right of any person to remain on the list of electors is questioned by the regis trars, they shall give such person at least three days' written notice of the date, time, and place of a hearing to determine such right which shall be served upon such person either by first-class mail addressed to the mailing address shown on the person's voter registra tion records or in the manner provided in subsection (c) of this Code section for other notices.
(e) If, after conducting a hearing, the registrars find that the elector is not qualified to remain on the list of electors, the registrars shall remove the name of such elector from the list of electors. The elector shall be notified of such decision in writing either by firstclass mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of this Code section for other notices.
(f) An elector whose name is removed from the list of electors in accordance with this Code section shall have a right of appeal of such decision to the superior court of the county by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand."

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SECTION 25.
Said chapter is further amended by striking in its entirety Code Section 21-2-229, relating to challenge of applicant for registration by other electors in elections and primaries gener ally, and inserting in lieu thereof a new Code Section 21-2-229 to read as follows:
"21-2-229.
(a) Any elector of the county may challenge the qualifications of any person applying to register to vote in the county and may challenge the qualifications of any elector of the county whose name appears on the list of electors. Such challenges shall be in writing and shall specify the grounds of the challenge.
(b) Upon such challenge being filed with the board of registrars, the registrars shall set a hearing on such challenge. Notice of the date, time, and place of the hearing shall be served upon the person whose qualifications are being challenged along with a copy of such challenge and upon the elector making the challenge. The person being challenged shall receive at least three days' notice of the date, time, and place of the hearing. Such notice shall be served either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228.
(c) The burden shall be on the elector making the challenge to prove that the person being challenged is not qualified to remain on the list of electors. The board of registrars shall have the authority to issue subpoenas for the attendance of witnesses and the pro duction of books, papers, and other material upon application by the person whose quali fications are being challenged or the elector making the challenge. The party requesting such subpoenas shall be responsible to serve such subpoenas and, if necessary, to enforce the subpoenas by application to the superior court. Any witness so subpoenaed, and af ter attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court.
(d) After the hearing provided for in this Code section, the registrars shall determine said challenge and shall notify the parties of their decision. If the registrars uphold the chal lenge, the person's application for registration shall be rejected or the person's name removed from the list of electors, as appropriate. The elector shall be notified of such decision in writing either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228 for other notices.
(e) Either party shall have a right of appeal from the decision of the registrars to the superior court by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the other parties and the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand."
SECTION 26.
Said chapter is further amended by striking in its entirety Code Section 21-2-231, relating to lists of convicted felons, persons declared mentally incompetent, and deceased persons and removal of names from list of electors in elections and primaries generally, and in serting in lieu thereof a new Code Section 21-2-231 to read as follows:
"21-2-231.
(a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the county.
(b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the

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Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared men tally incompetent during the preceding calendar month in the county and whose voting rights were removed.
(c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the pre ceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics.
(d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall cause transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove such names be removed from the list of electors and shall carrec mail a notice of such action and the reason there for to be sent to the last known address of such persons by first-class mail."
SECTION 27.
Said chapter is further amended by striking in its entirety Code Section 21-2-284, relating to form of official primary ballot, and inserting in lieu thereof a new Code Section 21-2-284 to read as follows:
"21-2-284.
(a) In each primary separate official ballots shall be prepared for the political party hold ing the primary. At the top of each ballot shall be printed in prominent type the words 'OFFICIAL BALLOT OF __^_^ PARTY FOR,' followed by the designation of the precinct for which it is prepared and the name and date of the primary.
(b) Immediately under this caption, the following directions shall be printed: 'Place a cross (X) or check (/) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.'
(c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certi fied to the superintendent or Secretary of State as having so qualified shall be printed on the ballots. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for.
(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words Tes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark.
(e) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require.
(I) Notwithstanding any ulher piuvibiuii of law to Ihe conUaiy, with leaped Lu Hie general primal y held in 1990, ballotb which aie in cuiifoi malice to all piuvisluns uf this chaptei except fui the date uf the election printed uu Lhu bdllul may be used in the

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SECTION 28.
Said chapter is further amended by striking in its entirety Code Section 21-2-285, relating to form of official election ballot in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-285 to read as follows:
"21-2-285.
(a) At the top of each ballot for an election shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election.
(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
(1) To vote for presidential electors, mark a cross (X) or check (/) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. Place a cross (X) or check (/) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.
(2) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such names outside such column or by the use of a sticker, paster, stamp, or other printed or writ ten matter is prohibited.
(c) Immediately under the directions, the names of all candidates who have been nomi nated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last guberna torial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or col umns shall be printed a blank column sufficient for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check (/) mark.
(d) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column.
(e) When presidential electors are to be elected, the names of the nominees of each polit ical party or body for such offices shall be arranged alphabetically under the names of the

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candidates of the party or body for President and Vice President of the United States:
ilit; ncimcs ui tlitist; uciiiiliiLcitt^ Diieill uc ^milieu uii tlit; Dctllut ili ti sc^jciicile ^ulLiiini tu Llic
right uf the mlimm listing the uthei candidates uf such paity ui body.
(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide ques tions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be deter mined by the superintendent. To the left of each question there shall be placed the words "Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark unless otherwise directed by the General Assembly.
(g) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require."
SECTION 29.
Said chapter is further amended by striking in its entirety Code Section 21-2-325, relating to form of ballot labels in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-325 to read as follows:
"21-2-325.
(a) The ballot labels shall be printed in black ink upon clear, white, or pastel colored material, of such size as will fit the ballot frame, and in plain, clear type so as to be easily readable by persons with normal vision.
(b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than 75 words. Unless otherwise provided by law, proposed con stitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent.
(c) The ballot label for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party or body.
(d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot labels.
(e) The names of all candidates nominated by a party or body shall appear in adjacent rows or columns containing generally the names of candidates nominated by such party or body, provided that the names of individual candidates for presidential elector shall not appear upon the ballot labels, but, in lieu thereof, the names of the candidates of such party or body for President and Vice President shall be printed on a single ballot label, together with the name of such party or body.

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(f) The form and arrangement of ballot labels shall be prepared by the superintendent.
(g) The names of all candidates of a party or body shall appear in the same row or col umn, and no other names shall appear in the same row or column. The names of candi dates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsec tion (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates in the nonpartisan election shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be deter mined in the order prescribed by subsection (c) of Code Section 21-2-285. If a nonparti san primary is being held in conjunction with a partisan primary, each partisan ballot label shall be clearly marked to indicate that the elector may vote in the nonpartisan primary also. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking nomination in a nonpartisan primary and the head ing and arrangement of such candidates shall be as prescribed by Code Section 21-2284.1 insofar as practicable. At the tope of the separate portion shall be printed in prom inent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.'
(i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination in a nonpartisan primary, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candi dates seeking nomination in a nonpartisan primary shall appear on all machines.
(j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as pro vided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasi ble, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certi fies other candidates as elected pursuant to Code Section 21-2-493.'
SECTION 30.
Said chapter is further amended by striking in its entirety Code Section 21-2-355, relating to use of separate vote recorders for each party in primaries generally, and inserting in lieu thereof a new Code Section 21-2-355 to read as follows:
"21-2-355.
In primaries, separate vote recorders may shall be used for each political party. If the

SECTION 31.
Said chapter is further amended by striking in its entirety Code Section 21-2-381.1, relat ing to procedures for voting with special write-in absentee ballots by qualified absentee

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electors in primaries and elections generally, and inserting in lieu thereof a new Code Sec tion 21-2-381.1 to read as follows:
"21-2-381.1.
(a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as denned in Code Section 21-2-380, may apply not earlier than 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress.
(b) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State.
(c) In order to qualify for a special write-in absentee ballot, the voter must state that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secretary of State and supplied and returned with the special write-in absentee ballot.
(d) Upon receipt of said application, the supmiulmuluul registrars shall issue the special write-in absentee ballot which shall be prescribed and provided by the Secretary of State. Such ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office."
SECTION 32.
Said chapter is further amended by striking in its entirety Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new Code Section 21-2-386 to read as follows:
"21-2-386.
(a)(l) The board of registrars shall keep safely and unopened all official absentee bal lots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying informa tion on the oath with the information on file in his or her office and shall, if the infor mation and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejec tion, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of absentee voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors voters and three copies of the numbered list of rejected absentee electors voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.

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(2) After 5:00 P.M. and until the closing of the polls on the day of the primary or elec tion, the registrars shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.' At least three persons who are registrars, deputy registrars or poll workers must be pres ent before commencing.
(b) After the close of the polls on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county, which shall be located in the precinct containing the county courthouse. Such manager with two assis tant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county showing the results of the absentee ballots cast in such county. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots and shall count the absentee ballots for the county in the manner as prescribed above.

(u.l) Wutwillistaiiuiug any piuvisiun ul law tu tlic i;uiiti fciiy, willi iea^it;ct tu tlic picoiueii-

tiil ^ji t;ld tjiiuc |ji until y tO uc licU in J.yy<i tlic uucii il ul i cgisti'tii s sllcill cilou Jveejj otilcl^

dull Uliu^jciicd cill ullluml dljfttjlltct; utlllvjtd lettuvtll li uiil clUbdiLcc clcCLuio dlLd I .UU 1 .JV1.
un UIB date uf the piesideatial pitifmeiice piimaiy but nu latei than 5.00 P.M. un the fuuileeiilli ddy following the date uf the pi evidential yi efui'mice primal y which aie post IllCll 1VCU Uil \Ji ueiore me uaie 01 me ui'usiueiuiai preieI'ence primai'y. AL u:uu r.ivi. un-me

luui LeeiiLli uyL^ lullu wing Llic Jcitt; ul Llic |ji con-iciiLitiJ

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(c) Any other provision of law to the contrary notwithstanding, if at any primary, general, or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, all absentee ballots shall be sepa rated by precinct for counting purposes; and separate returns shall be certified for each precinct in which absentee ballots were cast.
(d) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. The board of registrars shall promptly notify the elector of such challenge."
SECTION 33.
Said chapter is further amended by striking in its entirety Code Section 21-2-388, relating to cancellation of absentee ballots of electors who are present in election precinct during primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2388 to read as follows:
'21-2-388.
When an absentee ballot which has been voted shall be returned to the board of regis trars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from the

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elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of the elector's residence during the time the polls are open in any primary, election, or runoff for which the elector has requested an absentee ballot or if the elector's circumstances change and the elector is no longer eligible to vote by absentee ballot under Code Section 21-2-380, such elector shall have the absentee ballot canceled in one of the following ways:
(1) By surrendering the absentee ballot to the poll manager of the precinct in which the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial same. The poll manager shall also make appropri ate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent;
(2) By appearing in person before the registrars and requesting in writing that the envelope containing the elector's absentee ballot be marked 'Canceled.' After having satisfied themselves as to the identity of such elector, the registrars shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit the elector to vote in person in that precinct. If the absentee ballot is in the possession of the registrars, it shall be promptly marked 'Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast."
SECTION 34.
Said chapter is further amended by striking in its entirety Code Section 21-2-390, relating to delivery of election materials to clerk of superior court after primary or election gener ally, and inserting in lieu thereof a new Code Section 21-2-390 to read as follows:
"21-2-390.
All official absentee ballots, applications foi such ballots, and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars shall transmit all canceled, spoiled, and unused absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court to be held with other election materials as provided in Code Section 21-2-500. The registrars shall also trans mit an accounting of all absentee ballots, including the number furnished by the superin tendent registrars, the number issued to electors, and number spoiled, and the number unused."
SECTION 35.
Said chapter is further amended by striking in its entirety Code Section 21-2-408, relating to designation, authority, and removal of poll watchers in elections and primaries gener ally, and inserting in lieu thereof a new Code Section 21-2-408 to read as follows:
"21-4-408.
(a) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairman chairper son or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or run-off primary no

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more than two poll watchers for each precinct, such poll watchers to be selected by the committee from the list submitted by party candidates. In addition, candidates running in a nonpartisan primary shall be entitled to designate one poll watcher in each precinct. Official poll watchers wni shall be given a letter signed by the party Cliali man Chairper son and secretary, if designated by a political party, or by the nonpartisan candidate, if designated by the nonpartisan candidate, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the primary, a copy of the letter shall be delivered to the superintendent of the county in which the poll watcher is to serve.
(b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to des ignate one poll watcher in each precinct. In addition, candidates running in a nonparti san election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairper son and secretary, if a party or body designates same, or by the independent candidate, if named by the independent candidate. Such letter shall contain the following informa tion: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county in which the poll watcher is to serve.
(c) In counties using vote recorders, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each elec tion, each nonpartisan candidate may appoint one poll watcher in each nonpartisan pri mary or nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers.
(d)te) Notwithstanding any other provisions of this chapter, a poll watcher may be per mitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superin tendent, he or she may be removed by such official. Any infraction or irregularities ob served by such poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and the precinct or tabulating center in which the poll watcher shall serve. The poll watcher shall wear such badge at all times while serving as a poll watcherT
(e)(tr) No person shall be appointed or be eligible to serve as a poll watcher in any pri mary or election in which such person is a candidate."

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SECTION 36.
Said chapter is further amended by striking in its entirety Code Section 21-2-455, relating to canvass and return of votes in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-455 to read as follows:
"21-2-455.
(a) If the type of voting machine provided shall require the counters to be seen in order to enable the poll officers to canvass the vote, the poll officers, in the presence of all persons within the polling place, shall then make visible the registering counters and, for that purpose, shall unlock and open the doors, or other covering concealing the same, giving full view of all the counter numbers. If the voting machine is equipped with a mecha nism for printing paper proof sheets the poll officers shall immediately print not less than four proof sheets and as many more as may be requested by those present, to the extent of the machine's capacity. The chief manager and an assistant manager shall then, under the scrutiny of the other assistant manager, and in the order of the offices as their titles are arranged on the machine, read from the counters or from one of the proof sheets, as the case may be, and announce, in distinct tones, the designation or designat ing number and letter on each counter for each candidate's name, the result as shown by the counter numbers, the votes recorded for each office for persons other than nominated candidates, and the designation or designating numbers and letters on each counter, and the results as shown by the counter numbers for and against each question voted on. The counters shall not be read consecutively along the party or body rows or columns but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next.
(b) The vote as registered shall be entered by the poll officers, in ink, on duplicate return sheets and also on a general return sheet and statement, all of which, after the canvass is completed, shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general or duplicate return sheets or statement, he or she shall write his or her reasons therefor upon such sheets. The vote for presidential electors shall be com puted and returned as provided in subsection (e) of Code Section 21-2-452. If more than one voting machine is used in any precinct, the vote registered on each machine shall be ascertained in like manner and separately entered in appropriate spaces on the general and duplicate return sheets and statement. The total vote cast for each candidate and for and against each question shall then be computed and entered on the general and duplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of electors who have voted, as shown by the numbered list of voters, electors list, and voter's certificates, and the number on each machine, as shown by the public counters. The number registered on the protective counter or device on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine and the number or other designation of each machine used shall also be entered thereon. In the case of primaries, duplicate return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns and all other reports have been fully completed and checked by the poll officers. During such time, any candidate ui his lepieseotative anyone who may desire to be present shall be admitted to the polling place.
(c) The proclamation of the result of the votes cast shall be announced distinctly and audibly by the chief manager, who shall read the name of each candidate, the designa tion or designating numbers and letters of his or her counters, and the vote registered on each counter, as well as the vote cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine or with the pa per proof sheets, as the case may be, and any necessary corrections shall then and there be made by the poll officers, after which the doors or other cover of the voting machine shall be closed and locked. Any ballots written, deposited, or affixed in or upon the voting

TUESDAY MARCH 25, 1997

1691

machine shall be enclosed in properly sealed packages and properly endorsed and shall be delivered by the chief manager as provided in this part. The chief manager shall promptly deliver to the superintendent or his or her representative the keys of the voting machine, enclosed in a sealed enveloped, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certificate of the poll officers stating the number of the machine, the precinct where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls.
(d) The poll officers, on the returns provided for in this Code section, shall record any votes which have been cast by means of a write-in ballot for a person whose name is not printed on the ballot labels. In returning any such votes which have been written, depos ited, or affixed upon receptacles or devices provided for the purpose, the poll officers shall record any such names exactly as they were written, deposited, or affixed."
SECTION 37.
Said chapter is further amended by striking in its entirety Code Section 21-2-493, relating to computation, canvassing, and tabulation of returns, and inserting in lieu thereof a new Code Section 21-2-493 to read as follows:
"21-2-493.
(a) The superintendent shall, at or before 12:00 Noon on the day following the primary or election, at his or her office or at some other convenient public place at the county seat, of which due notice shall have been given as provided by Code Section 21-2-492, publicly commence the computation and canvassing of the returns and continue the same from day to day until completed. For this purpose the superintendent may organize his or her assistants into sections, each of which may simultaneously proceed with the computation and canvassing of the returns from various precincts of the county in the manner pro vided by this Code section. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county and sign, announce, and attest the same, as required by this Code section.
(b) The superintendent, before computing the votes cast in any precinct, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each precinct or the number of ballots cast. If, upon consideration by the superintendent of the returns and certificates before him or her from any precinct, it shall appear that the total vote returned for any candidate or candidates for the same office or nomination or on any question exceeds the number of electors in such precinct or exceeds the total number of persons who voted in such precinct or the total number of ballots cast therein, such excess shall be deemed a discrepancy and pal pable error and shall be investigated by the superintendent; and no votes shall be re corded from such precinct until an investigation shall be had. Such excess shall authorize the summoning of the poll officers to appear immediately with any primary or election papers in their possession. The superintendent shall then examine all the regis tration and primary or election documents whatever, relating to such precinct, in the presence of representatives of each party, body, and interested candidate. Such exami nation may, if the superintendent deems it necessary, include a recount or recanvass of the votes of that precinct and a report of the facts of the case to the district attorney where such action appears to be warranted.
(c) In precincts in which paper ballots or vote recorders have been used, the superinten dent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct, or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of

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that precinct, either as to all offices, candidates, questions, or parties and bodies, or as to any particular offices, candidates, questions, or parties and bodies, as to which such ex cess exists.
(d) In precincts in which voting machines have been used, the superintendent may re quire a recanvass of the votes recorded on the machines used in the precinct, as provided in Code Section 21-2-495.
(e) In precincts in which paper ballots or vote recorders have been used, the general returns made by the poll officers from the various precincts shall be read one after an other in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and un less it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all dis crepancies are explained to the satisfaction of the superintendent.
(f) In precincts in which voting machines have been used, there shall be read from the general return the identifying number or other designation of each voting machine used and the numbers registered on the protective counter or device on each machine prior to the opening of the polls and immediately after the close of the same, whereupon the assistant having charge of the records of the superintendent showing the number regis tered on the protective counter or device of each voting machine prior to delivery at the polling place shall publicly announce the numbers so registered; and, unless it appears that such records and such general return correspond, no further returns shall be read from the latter until any and all discrepancies are explained to the satisfaction of the superintendent.
(g) In precincts in which paper ballots have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candi date, such votes for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return which has been returned unsealed; and the figures announced shall be compared by other assistants with the general return which has been returned sealed. The figures announced for all precincts shall be compared by one of the assistants with the tally papers from the respective precincts. If any discrep ancies are discovered, the superintendent shall examine all of the return sheets, tally papers, and other papers in his or her possession relating to the same precinct. If the tally papers and sealed general return sheet agree, the unsealed general return shall be immediately corrected to conform thereto. But in every other case the superintendent shall immediately cause the ballot box of the precinct to be opened and the vote therein to be recounted in the presence of interested candidates or their representatives; and, if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear immediately with all election papers in their possession.
(h) In precincts in which voting machines have been used, when the records agree with the returns regarding the number registered on the voting machine, the votes recorded for each candidate shall be read by an assistant slowly, audibly, and in an orderly man ner from the general return sheet which has been returned unsealed; and the figures announced shall be compared by other assistants with the duplicate return sheet which has been returned sealed. If the voting machine is of the type equipped with a mecha nism for printing paper proof sheets, such general and duplicate return sheets shall also be compared with such proof sheets, which have been returned as aforesaid. If any dis crepancies are discovered, the superintendent shall examine all of the return sheets, proof sheets, and other papers in his or her possession relating to the same precinct. Such proof sheets shall be deemed to be prima-facie evidence of the result of the primary or election and to be prima facie accurate; and, if the proper proof sheets, properly identi fied, shall be mutually consistent and if the general and duplicate returns, or either of

TUESDAY MARCH 25, 1997

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them, from such precinct shall not correspond with such proof sheets, they shall be cor rected so as to correspond with same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superintendent.
(i) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly, regardless of any fraudulent or erroneous returns presented to him or her, and shall report the facts to the appropriate district attorney for action.
(j) The superintendent shall see that the votes shown by each absentee ballot are added to the return received from the precinct of the elector casting such ballot.
(k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by the assistants who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superinten dent, in the manner required by this chapter.
(1) In case the results of an election contest change the returns so certified, a corrected return shall be certified and filed by the superintendent, making such corrections as the court orders.
(m) Notwithstanding any piuviaiuii of law tu the cuntidiy, with lespect tu the piesiden-
tim pielcienut; \}i untily tu be liclu in 1992, Hie ritipciiiiteiiuciit shall begin tu tuiupute cinu
UUllJSulltltlljt; Lilt 1 ctlll 11B ll Ulll Ccltll ^Jl eUliluLclllu cTEI UUOdltttrUctllvjliO Uclfit tl 11 UUgll V.UU
P.M. uii tliu dale of the presidential preference primal y iiut latei than 12.00 Nuuii un the Jay fulluwiag tlie dale uf the piusidtmtial pieferenct! primal ,y in accordance with the piu-
CGCtttres set iui'tn III tills Cuue Section.Upuii tile uujlCllisiGil GI Hit: COlisuiiu3.tiuii, tile su-
periiltelid.&iitSllciila.ilHG~liii.Cc tilt; I'ec) liltsGI tileCGHSuliuetLiGil uU.tStlall nut v;ei titytllti
consolidation. At 01 before 12:00 Noon on the fifteenth Jay following the date uf the
pl~~et3jLueiltl~:ii pi'eliil'fcjiiCe pl'iilicifyj Llic c"UJjci*iilt'6riuciltf Slld.il CGHipU.tfc lild Cianvciso til6 i'e~
turns uf the absentee balluls whiuli were luceived by thu leglstrais aflei 7.00 P.M. uu Hie
Jcite ui tli6 preSiCleiiLifcil pi'elei'ciiue jji'iillai'y uUL u_y 5.00 K.JVl. Oil tll6 IGui'teGlitii u.fl.y lol-
lG~Wiilg tll^ u.&t^ OI tile pi'tJSiClGlVticll pi 611;i~t;11C6 pl'lllien'j' wliiCri wei'c pGStixltii K6u OTT OT
uclm'G tile ufctLt; Gl tilt; GYcmucilLifn jJi'cIcrfcJiiCc pniiifli'y. Xllcci^ I'ctui'llis Biifl.ll uc u.ClQiu tu
the ojiibulidatiun uf tlie votes pieviuusl^ pibpaied and a final consolidation uf the votes
b 118.11 bt; c6t*tlI16u and nI'6Tl~aH Ctiler uei'tirtcatiuiiS ui elcCtiuii I'eSUitiS a.ilu all eleCtiuil ill&tci'-
13.18 sliml tilcii be uiSti'ibutt;u 111 aCCGrQ&iiCe Wltli tll6 pi'GVlSlOIici GI ttlis uliaptci'.
SECTION 38.
Said chapter is further amended by striking in its entirety Code Section 21-2-500, relating to delivery of election materials to clerk of superior court, presentation to grand jury, and preservation and destruction, and inserting in lieu thereof a new Code Section 21-2-500 to read as follows:
"21-2-500.
(a) Immediately upon completing the returns required by this article, the superintendent sFall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used, unused, and void ballots and the stubs of all ballots used, one copy of oaths of poll officers, one copy of the numbered lists of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing bahot tabulation pro grams, copies of computer records of ballot design, computer programming decks for bal lot tabulation programs, and similar items. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the superior court, for at least 24 months, after which

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they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records man ager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court.
(b) The superintendent shall retain all unused ballots for 30 days after the election or primary and, if no challenge or contest is filed prior to or during that period that could require future use of such ballots, may thereafter destroy such unused ballots. If a chal lenge or contest is filed during that period that could require the use of such ballots, they shall be retained until the final disposition of the challenge or contest and, if remaining unused, may be thereafter be destroyed."
SECTION 39.
Said chapter is further amended by striking in its entirety Code Section 21-2-501, relating to vote required for nomination or election, and inserting in lieu thereof a new Code Section 21-2-501 to read as follows:
"21-2-501.
(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run off primary or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be de termined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. With jegaid tu the 1990 gmimal piimaiy i uiiuff, such i uuuff shall be held uii the twenty-eighth day following the 1990 general primaiy. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligi ble for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary or special election runoff shall be a continua tion of the primary or special election for the particular office concerned, and only the electors who were entitled to vote in the primary or special election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run off primary in violation of Code Section 21-2-224.
(b) Except for presidential electors, to be elected to public office in a general election, a candidate must receive a plurality of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a plurality of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast.
(c) In the event that no candidate receives a plurality of the votes cast in a general elec tion or more than one candidate in a general election, special election runoff, or run-off primary receives the highest number of the votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two high est numbers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general

TUESDAY MARCH 25, 1997

1695

election, special election runoff, or run-off primary; provided that, unless postponed by court order, a runoff resulting from a special election runoff or a special primary runoff shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special election runoff or special primary runoff, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candi dates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The runoff of a run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned; and the run-off election of a general election shall be a contin uation of the general election for the particular office concerned, and only the electors who were entitled to vote for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235.
(d) Until and unless Article V, Section II, Paragraph VHI(b) of the Constitution is amended so as to provide for plurality election of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Ag riculture, and Commissioner of Labor, such officers shall continue to be elected by major ity vote as provided by the law in effect prior to July 1, 1994."
SECTION 40.
Said chapter is further amended by striking in its entirety Code Section 21-2-527, relating to pronouncement of judgment and effect of finding of misconduct by poll officers in elec tions and primaries generally, and inserting in lieu thereof a new Code Section 21-2-527 to read as follows:
"21-2-527.
(a) After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a run-off primary or election that quali fied candidate who received the requisite number of votes and shall pronounce judgment accordingly; and the clerk shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved; and the clerk shall certify such determination to the defendant.
(b) When a defendant who has received the requisite number of votes for nomination, election, or to compete in a run-off primary or election is determined to be ineligible for the nomination or office sought, the court shall pronounce judgment declaring the pri mary or election invalid with regard to such nomination or office and shall call a second primary or election to fill such nomination or office and shall set the date for such second primary or election.
(c) If misconduct is complained of on the part of the poll officers of any precinct, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such precinct would change such result.
(d) Whenever the court trying a contest shall determine that the primary, election, or runoff is so defective as to the nomination, office, or eligibility in concest as to place in doubt the result of the entire primary, election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, elec tion or runoff to be conducted among all of the same candidates who participated in the

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primary, election, or runoff to fill such nomination or office which was declared invalid and shall set the date for such second primary, election or runoff."
SECTION 41.
Said chapter is further amended by striking in its entirety Code Section 21-2-528, relating to appeals from court's determination on contest petition in elections and primaries gener ally, and inserting in lieu thereof a new Code Section 21-2-528 to read as follows:
"21-2-528.
An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court or the Court of Appeals as in other civil cases. Such cuuit The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the Supreme Court or the Court of Appeals, as appropriate, for a stay or supersedeas, and such courts shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases."
SECTION 42.
Said chapter is further amended by striking in its entirety Code Section 21-2-540, relating to conduct of special elections generally, and inserting in lieu thereof a new Code Section 21-2-540 to read as follows:
"21-2-540.
(a) Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general elections; and the provisions of this chapter relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election.
(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same.
(c)(l) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters or a special primary or special election to fill a vacancy in a county office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:
(A) In odd-numbered years any such special election shall only be held on:
(i) The third Tuesday in March;
(ii) The third Tuesday in June;
(iii) The third Tuesday in September; or
(iv) The Tuesday after the first Monday in November; and
(B) In even-numbered years any such special election shall only be held on:
(i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this division in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary;
(ii) The date of the general primary;
(iii) The third Tuesday in September; or
(iv) The Tuesday after the first Monday in November.

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1697

(2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,' to recall a public officer or to fill a vacancy in a public office caused by a recall election; (B) Special primaries or special elections to fill vacancies in federal or state public offices except a& utheiwibe piuvided in paiagiaph (3) uf Ihib hubnticliun, ui (C) Special elecLiuiis held prior tu July 1, 1990, which aie designed lu biiiig abuuC Hie
ttppiuvcll ui lejecliuil ul tilt: vuleio ui a. JJIUJJUBCU mjealiun, il Hie uiigiiial i;ml iui tiuull dcCLluii 10 iiie^ulcxi lui <*n^ i t;isuii ui tlic ctclvei LiBciiiciiL ul audi i;tll litS nut uccli (AIII-
L lie ^Jl U V 1B1U11B ul LlllS alLUCieuLlUli
Lu llll v c
J^AJ J.lllD BLlUSCuLlUil olitll llut tl^J^jl^y Lu S^JCl^lctl clcCLlUHO LllilJ.Cl till
(D) In the case uf a special elecliuii designed lu biiiig abuul llie approval ui1 i ejection by
Llic vuteis ul a. uiupuscu ^uc&Liuii, il Llic uall lui u^li clecLiun 10 iiicguldi lui any I'ccisvjn

special election lu be conducted un any date which is. at least 29 days aftei the dale uf the amended call. (d) Except as otherwise provided by this chapter, the superintendent of each county shall publish the call of the special election.
(e) Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such candidate shall have his or her name placed in a column under the name of his or her party. The incumbency of a candidate seeking election for the public office he or sHe then holds shall be indicated on the ballot."
SECTION 43.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 44.
All laws and parts of laws in conflict with this Act are repealed. The following amendment to the committee substitute was adopted on March 24th.
Senator Thomas of the 10th offered the following amendment:
Amend the committee substitute to HB 635 by deleting the word "absentee" pg. 59, Line 36. Senators Henson of the 55th, Walker of the 22nd and Dean of the 31st offered the
following amendment:
Amend the Senate State and Local Governmental Operations Committee substitute to HB 635 by inserting following the word and symbol "runoffs;" on line 4 of page 2 the following:
"to repeal certain provisions relating to the vote necessary for the election of certain con stitutional state officials;". By striking lines 35 through 42 of page 75 and inserting in lieu thereof the following:
"(d) Until and unlnsb Aitide V, Gmtiuii II, Faiagiaph VIIKb) uf the Constitution is amended bu db lu provide fui plurality election of the Hecretaiy uf State, Attorney
Qciiciql Oldlc Giliuul GuueiiiilciiJciil Cuiiiniiaaiuiuri uf Inauicu-iic Cuiiiiilioaiuiici uf At4ni;ullu-i e, ctllu Cuiiiiiiiiuiiei ui Ltiuui, ouuli ulliucis lieill uuiitinue Lu be elcuLcu tjy niojui-
ity vulu as piuvided by the law in effect piim tu July 1, 1994 Reserved.'". Senator Henson of the 55th asked unanimous consent that his amendment be with
drawn. The consent was granted and the Henson, et al. amendment was withdrawn. Senator Johnson of the 1st offered the following amendment:

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Amend the committee substitute to HB 635 as follows:
On page 8, line 12, add new paragraph (e)
"(e) Any candidate desiring to qualify for office shall present an affidavit from the county tax commissioner that he or she does not owe any back taxes to the Secretary of State prior to being allowed to be placed on the ballot."
Senator Burton of the 5th offered the following amendment:
Amend the amendment by the senator from the 1st to HB 635 as follows:
Delete lines 7 through 10 and substitute the wording:
"To the Secretary of State prior to his or her being allowed to be placed on the ballot that the candidate does not owe any back taxes."
Senator Burton of the 5th asked unanimous consent that his amendment be with drawn. The consent was granted and the amendment was withdrawn.
Senator Johnson of the 1st asked unanimous consent that his amendment be with drawn. The consent was granted and the amendment was withdrawn.
Senators Price of the 56th, Cagle of the 49th and Clay of the 37th offered the following amendment:
Amend the committee substitute to HB 635 by striking line 37, page 75 and inserting in lieu thereof:
"for plurality election of the Governor, Lieutenant Governor, Secretary of State, Attorney"
Senator Price of the 56th asked unanimous consent that his amendment be with drawn. The consent was granted and the Price, et al. amendment was withdrawn.
Senator Johnson of the 1st offered the following amendment:
Amend the committee substitute to HB 635 by adding subparagraph (1) on page 50, line 39 after "county":
"(1) Such list shall be posted in al! public buildings including courthouses, schools and gov ernment offices in a conspicuous place."
Senator Johnson of the 1st asked unanimous consent that his amendment be with drawn. The consent was granted and the amendment was withdrawn.
Senator Land of the 16th offered the following amendment:
Amend the committee substitute to HB 635
by deleting on p. 74, line 34 "plurality" and replacing it with "majority"
and
by deleting on p. 74, line 40 "plurality" and replacing it with "majority"
and
by striking on p. 74, line 41 the following:
"or more than one"
and
by striking on p. 74, lines 42 through 43
and
by striking on p. 74, line 44 the following: "cast"
Senator Land of the 16th asked unanimous consent that his amendment be with drawn. The consent was granted and the amendment was withdrawn.
Senator Lamutt of the 21st offered the following amendment:

TUESDAY MARCH 25, 1997

1699

Amend the committee substitute to 635
by deleting on Page 4, lines 19 and 20 and replacing with "more than 48 percent of the total votes cast in the election, and also more than 10 percent more votes than the candi date receiving the next higher vote total."
Senator Lamutt of the 21st asked unanimous consent that his amendment be with drawn. The consent was granted and the amendment was withdrawn.
Senators Guhl of the 45th and Crotts of the 17th offered the following amendment:
Amend the committee substitute to 635
by striking lines 24 through 42 on pg. 10 and lines 1 through 38 on pg 11 and inserting in lieu thereof:
21-2-74
Any county presently having the judge of the probate court as the chief of elections shall immediately be replaced with an elections board.
The elections board shall consist of 3 members. One each shall be selected by the Republican and Democratic executive committee who shall then select a third member.
Senator Guhl of the 45th asked unanimous consent that his amendment be with drawn. The consent was granted and the amendment was withdrawn.
Senator Land of the 16th offered the following amendment:
Amend the committee substitute to 635
by striking on p. 74, line 34 "plurality" and replacing it with "majority"
by striking on p. 74, line 40 "plurality" and replacing it with "majority"
Senator Land of the 16th asked unanimous consent that his amendment be with drawn. The consent was granted and the amendment was withdrawn.
Senator Clay of the 37th offered the following amendment:
Amend the committee substitute to 635
by adding at line 12, p. 8 the following, and renumbering Section 3 at a new line.
SECTION 2A.
Said chapter is further amended by striking in its entirety Code Section 21-2-8, relating to eligibility for party nomination or election to public office, and inserting in lieu thereof the following:
"21-2-8.
No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any elec tion or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or any felony involving moral turpitude, unless such person's civil rights have been restored, or if such person is in arrears in the payment of any tax, fee, or assessment levied by the state or any political subdivision of the state and the time for protest or appeal of such levy has passed. Provided, however, that in the event such person who is in arrears contested through the proper legal channels the amount of the tax, fee or assessment of the propriety of the tax, fee, or assessment, then there shall be no disqualification for nomination or election for a period of 24 months, plus the time for protest or appeal, from the date a determination is made as to the amount of the tax, fee, or assessment owed. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. This subsection shall not

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apply if a taxpayer is current in payment on a settlement agreed to with the IRS or the Tax Commissioner of the relevant county."
Senator Clay of the 37th asked unanimous consent that his amendment be withdrawn. The consent was granted and the amendment was withdrawn.
On the adoption of the substitute, the yeas were 48, 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 Dean Egan 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 Tanksley Taylor Thomas of 10th Thompson Turner Tysinger

Voting in the negative was Senator Henson.

Those not voting were Senators:

Abernathy Crotts

Fort Scott

Thomas of 54th Walker

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

HB 803. By Representative Murphy of the 18th:

A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to local government bonds and financing, so as to prohibit certain au thorities from carrying on certain activities outside of the political subdivisions for or within which they are created to function.
Senate Sponsor: Senator Dean of the 31st.

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

TUESDAY MARCH 25, 1997

1701

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 Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker

Those not voting were Senators:

Oliver

Scott

Tysinger

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

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.
Senate Sponsor: Senator Clay of the 37th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour 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

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 Egan and Tanksley.

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

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JOURNAL OF THE SENATE

HB 517. By Representatives Sherrill of the 62nd, Heard of the 89th and Childers of the 13th:
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 for certain amounts expended for qualified caregiving expenses.
Senate Sponsor: Senator Starr of the 44th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 517:
A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate and computation of income tax, so as to provide for a tax credit for certain amounts expended for qualified caregiving expenses; to provide for definitions; to provide for conditions and limitations; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29, to be designated Code Section 48-7-29.1, to read as follows:
"48-7-29.1.
(a) As used in this Code section, the term:
(1) 'Qualified caregiving expenses' means payments by the taxpayer for home health agency services, personal care services, personal care attendant services, homemaker services, adult day care, respite care, or health care equipment and supplies which equipment and supplies have been determined to be medically necessary by a physi cian which services, care, or equipment and supplies are:
(A) Provided to the qualifying family member; and
(B) Purchased or obtained from an organization or individual not related to the tax payer or the qualifying family member.
(2) 'Qualifying family member' means the taxpayer or an individual who is related to the taypayer by blood, marriage, or adoption and who:
(A) is at least 62 years of age; or
(B) Has been determined to be disabled by the Social Security Administration.
(b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 for qualified caregiving expenses in an amount not to exceed 10 percent of the total amount expended for qualified caregiving expenses. No taxpayer shall be entitled to such credit with respect to the same qualified caregiving expenses claimed by another taxpayer.
(c) In no event shall the amount of the tax credit exceed $500.00 or the taxpayer's income tax liability, whichever is less. Any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.
(d) No credit shall be allowed under this Code section with respect to any qualifying caregiving expenses either deducted or subtracted by the taxpayer in arriving at Georgia

TUESDAY MARCH 25, 1997

1703

taxable net income or with respect to any qualified caregiving expenses for which amounts were excluded from Georgia net taxable income.
(e) The commissioner shall promulgate any rules and regulations necessary to imple ment and administer this Code section."

SECTION 2.

This Act shall become effective on January 1, 1999, and shall be applicable to all taxable years beginning on or after January 1, 1999.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 1, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour 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 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Blitch Egan

Price of 28th Tanksley

Taylor

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 following bill was taken up to consider House action thereto:

SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and Bowen of the 13th:
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 definition of the term "criminal offense against a victim who is a minor" to in clude federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions.

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JOURNAL OF THE SENATE

Senator Taylor of the 12th moved that the Senate adhere to its disagreement to the House amendments to SB 105 and that a Conference Committee be appointed to confer with a like committee of the House.
On the motion, the yeas were 41, nays 0; the motion prevailed and the President ap pointed as a Committee of Conference on the part of the Senate the following: Senators Taylor of the 12th, Brown of the 26th and Bowen of the 13th.
The Calendar resumed.

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.
Senate Sponsor: Senator Land of the 16th.

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

Those voting in the affirmative were Senators:

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 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 Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Fort Hill

Perdue Ragan

Tanksley Walker (excused)

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

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.
Senate Sponsor: Senator Clay of the 37th.

TUESDAY MARCH 25, 1997

1705

The Senate Judiciary Committee offered the following substitute to HB124:
A BILL
To be entitled to an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys and solicitors-general of state courts, so as to com prehensively revise the laws of this state relating to the personnel, administration, and budgeting for district attorneys' offices of this state; to amend the duties of district attor neys so as to authorize district attorneys to provide assistance to law enforcement; to re peal the provisions relating to the appointment of district attorneys as counsel for state officers investigated, charged, accused, or indicted for federal violations in the performance of their duties; to change the method of payment of compensation of district attorneys and provisions related to compensation; to change the provisions relating to travel expenses of district attorneys and their personnel; to authorize payment of expenses for the operation of government vehicles; to transfer responsibility for paying filing fees and costs in appel late courts to the Prosecuting Attorneys' Council of the State of Georgia; to change the provisions relating to the appointment, qualifications, and compensation of state paid as sistant district attorneys; to change the provisions relating to the appointment and com pensation of state paid investigators; to provide for the appointment of victim assistance personnel; to change the provisions relating to the appointment, qualifications, and com pensation of legal secretaries and administrative assistants; to amend the provisions relat ing to county paid-state reimbursed personnel so as to change the application of said provisions so as to apply to personnel hired prior to a specified date; to provide for defini tions; to provide for uniform administrative, travel, and personnel rules; to provide for an nual budgets; to provide for the transfer of certain functions from the Department of Administrative Services to the Prosecuting Attorneys' Council of the State of Georgia; to provide that local governments may contract with the Department of Administrative Serv ices to provide certain payroll and fringe benefits for additional personnel provided to the district attorneys by counties; to provide for use of certain law students and law school staff instructors as legal assistants to solicitors of municipal and recorders' courts; to change the duties of the Prosecuting Attorneys' Council of the State of Georgia relative to the budget ing and contracting for prosecuting attorneys; to authorize and direct the Department of Administrative Services to transfer certain funds; to provide that certain policies, rules, and regulations shall remain in force until superseded; to provide for related matters; to provide for compensation of solicitors-general of state courts; to authorize county governing authorities to supplement such compensation; to provide for effective dates; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attor neys, is amended by striking paragraph (7) of Code Section 15-18-6, relating to the duties of district attorneys, and inserting in lieu thereof the following:
"(7) Rusei vud To advise law enforcement officers concerning the sufficiency of evidence, warrants, and similar matters relating to the investigation and prosecution of criminal oHensesj"
Said chapter is further amended by striking Code Section 15-18-8, relating to the appoint ment of district attorneys as counsel for state officers investigated, charged, accused, or indicted for federal violations in the performance of their duties, and inserting in its place the following:
"15-18-8.
M116 rVkLGriltjyijrGlltJi'fcii, ni lliS CltSCi'ctlun, IS cHj.Lliui'iZtiil tu Ol'ufel" iUly uisLi iCL &tLOi.nilty 01
tins stdt tu auvicst:, couiisel, or rtipr&s6iiL aiiy l&w 6iiiorc6iii6nvtnlicieu uf 6iiiploy& or ftny
utlitri |JU.UliC GIIlCi<li OF eHljjiu^ee ul fl-ii^ ^jOlltlCfl.! SuuuiviSiOil OI LlilS SLiiLti WX161i &uCli OIIl"
Cicil Oi ciJlplOyGfe liiiS Ljetil Clliii'^JOil, d-CCuscu, ui1 iiidiCt^u r^l&tlV^ tO tllG allcgfcu ViOlilLlOli OI

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any feduial statute ui fedeial mle ui ibgulaliuii uf any kind, if the alleged violation oc curred as a result of the performance uf the official duties uf tliu official 01 employee:
Uliu-Ci' lilt! So-iilc jji'OCeClLiilt;, fctii^ ClisLi'iCt iiHG-i'-iiey iiio.y li.Kt;wii5ti ut; directed TO idVioe Wltii Qiy nSUCii ulliuifcil or tilTl]jiGJt;t; WliO IS lHVestl^cltt;tl Ol* C[Ut;c>tlGIlt;d ill illy ill^nlilci' uy SLLLV ItJCld'cil OIJlCia.1 Oz* eiii-jjlGy cc i'clfctL.i v c tO tlifc; jJtJi'lGi'uifince Ol1118 uu-Liuti Ol* relativetO Lilt; laws. Ordinances, rules aild i'e^lll&tlOiiS, Oi" J UCllCidl ^i*OCuCi.U.i'cS OI tlliS riLctlt; ui* ^il^ jpulit~
ical subdivision thereof or of any cuuiLL witlim tins state Reserved."
SECTION 3.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 15-1810, relating to compensation of district attorneys, and inserting in lieu thereof the following:
"(a) Each district attorney shall receive an annual salary from state funds as prescribed by law, payable in equal monthly installments from state funds as may be available fui Hie upeialiuu uf the superior cuui ib uf this stale. Such salary shall be paid as provided in Code Section 15-18-19.
(b) The county or counties comprising the judicial circuit may supplement the salary of the district attorney in such amount as is or may be authorized by local Act or in such amount as may be determined by the governing authority of such county or counties, whichever is greater."
SECTION 4.
Said chapter is further amended by striking subsection (d) of Code Section 15-18-12, relat ing to travel expenses of the district attorneys, and inserting in lieu thereof the following:
(d)(l) The governing authority of the county or counties comprising the judicial circuit may~provide a person designated by subsection (a) of this Code section with a cuunly government owned vehicle and vehicle expenses, in which event the Prosecuting Attorneys' Council of the State of Georgia may reimburse the county for the actual mileage driven at the same rate as is authorized by rules and regulations issued pursuant to Code Section 45-7-28.1, subject to the budget established for the judicial circuit.
(2) Subject to the budget established for the judicial circuit, the Prosecuting Attorneys' Council of the State of Georgia may pay the actual costs incurred by the district attor ney's office for the operation of state owned motor vehicles. The Prosecuting Attorneys' Council of the State of Georgia shall adopt rules governing the operation of such vehiclesT'
SECTION 5.
Said chapter is further amended by striking Code Section 15-18-13, relating to payment of costs in appellate courts, and inserting in lieu thereof the following:
"15-18-13.
The bill of costs and any filing fees in appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by a district attorney shall be paid by the state the Prosecuting Attorneys' Council of the State of Georgia out of the funds as may be appropriated for the operations of the district attorneys."
SECTION 6.
Said chapter is further amended by striking Code Section 15-18-14, relating to assistant district attorneys, and inserting in lieu thereof the following:

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"15-18-14.
(a) As used in this Code section, the term:
(1) 'Active practice of law' means experience as an attorney engaged in the private practice of law or an attorney employed as such by a corporation, partnership, or gov ernment agency or an attorney employed on a full-time basis as a law clerk for a judge of a court of record. If an attorney shall have been disbarred, any period of practice of law prior to such disbarment shall not constitute active practice of law.
(2) 'Break in service' means a separation from service on a full-time basis as a prose cuting attorney or as an employee of the State of Georgia for a period of six months or more. Any such separation for a period of less than six months shall not constitute a 'break in service.2
(3) 'Compensation of the district attorney' means the annual salary of the district at torney paid from state funds, excluding any local supplements to the state salary.
(3.1)(4) 'LL.M or S.J.D. degree' means a master's in law or doctorate in jurisprudence awanled:
(A) By a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination; or
(B) By a law school accredited by the American Bar Association or the Association of American Law Schools;
provided, however, that the course of study in law schools described in subparagraph (A) of this paragraph shall at least be equivalent in terms of hours and subject matter as the course of study offered in law schools described in subparagraph (B) of this para graph, and the course of study offered in all law schools described in this paragraph shall have been approved by the Prosecuting Attorneys' Council of the State of Georgia.
(4X5) 'Prosecuting attorney' means a person who serves on a full-time basis as a di&-
ti'iCt ctLtOriltiy, ft^jci'isuil WliO cJcl'Vco OH BL lull tulie uciSiS 3.S '
(A) A district attorney;
(B) An an assistant district attorney, deputy district attorney, or other attorney ap pointed by a district attorney of this state;
(C)A a person whu sm vua un a full lime basis as a solicitor-general or assistant solicitor-general of a state court ui as a;
(D) A solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof;
(E) An a peibun whu hervefe as an attorney employed on a full time basis, by the Attorney General of this state;
(F) An a peisuu whu beiveb as aii attorney employed on a full-limn basis by the United States Department of Justice;
(G) An a person whu sei ves as an attorney who holds elected or appointed office as or is employed un a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law;
(H) An a peisuii whu selves un a full-time basis as an attorney employed by the Prosecuting Attorneys' Council of the State of Georgia;
\i) An 3. ptjl'SGli wliO JSCi'vcS Oil cl lu.ll~tilll.16 COiiLi'^iCLU.il DcfcSlS WiLIl 1116 JJejjHltiill61it OI
Human Resumes as an attorney employed as an assistant district attorney, pursu ant to a contract with the Department of Human Resources, under Code Section 1911-23 of Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act'; or

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(J) A a pel sun who selves un a full-time ba&is as a third-year law student under the authority of Code Section 15-18-22; or as otherwise provided for by rule of the Supreme Court of Georgia; or
(K)'An attorney serving on active duty with the armed forces of the United States, Including the United States Coast Guard, with responsibility for the prosecution of offenses under the Uniform Code of Military Justice, as amended.
(6) 'State' includes the District of Columbia and any territory, possession, or dominion of the United States.
(b)(D Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint:
(1) One attorney for each as many allumeys as Iheie aie superior court j udges in judge authorized for the circuit, excluding senior judges, plus one additional attorney to assist the district attorney in the performance of the duties of the district attorney's office and consistent with their constitutional and statutory duties to protect the rights of victims of crimes as now or in the future may be defined by applicable law^
(2) In addition lu Ihe attorneys appointed puisiiaiil lu paiagiaph (1) of this subsectiuii and subject tu available funding, the district attorney in each j udicial uiicuit is aulhui-
iZed tu cippullYt Tjilt; cidditiuilcil ck.ttGiM.it!jf tG ciciSicit tile district eVttOrilGJ' 111 til6 pGrlOrift"
111CG OI tile dlltleS XJI tile district SttOl'ilttj S OIIlCc.
(3) In addition to all otiiei* duti6s st;L iGrtli in tins CJodt; SectiGn and Cunsisttuit witli
t lie 11* CGiiStitu-tiuiifcilciiid Sttit ul/Gi'y duties,tillattGi'iie^ B HppOlllttd pm*cJU.aiit tu
psi*3.ji*3plis \L) tilid( 2i) or tliis subisection slicill <ict tu protect tlie i'ijijiitsor victims or
Ci'niie u.s iiuwGi* in tlie lutu.it; iiitiy ue dtjliiled u_yctjJplnjctult; law.
(4) Subject to the availability of funding and at the option of the Department of Human Resources, the district altomuy in each j mliiial ciicuit is authuil^ed tu appuinl at least one assistant district attorney to perform duties described specifically under Code Sec tions 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursu ant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the com pensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provi sions of that judicial circuit.
(c) Each attorney appointed pursuant to subsection (b) of this Code section shall be clas sified based on education, training and experience. The classes of attorneys and the min imum qualifications required for appointment or promotion to each class shall be as follows:
(1) Assistant district attorney I. Tu be eligible fui appuiiilmeiil tu this class, an attor n1e8y-21m; usl meet --M--ee--t the qualifications specified by subsection (b) of Code Section 15-
(2) Assistant district attorney II. Tu bn eligible fui appuiiilmeiil tu lliis class, an attor ney mubt meet Meet the qualifications specified by subsection (b) of Code Section 1518-21 and have been a member in good standing of the State Bar of Georgia engaged in the active practice of law for not less than three years or have been a prosecuting attorney for not less than two years;
(3) Assistant district attorney III. Tu be eligible fui appuinUiieiit lu this class, an atCuiuey miiMt meet Meet the qualifications specified by subsection (b) of Code Section 1518-21 and have been a member in good standing of the State Bar of Georgia engaged in

TUESDAY MARCH 25, 1997

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active practice of law for not less than four years or have been a prosecuting attorney for not less than three years; and
(4) Assistant district attorney IV. To be eligible fur appuiiilmenl to this class, an attmiiey musL meet Meet the qualifications specified by subsection (b) of Code Section 1518-21 and have been a member of the State Bar of Georgia engaged in the active prac tice of law for not less than six years or have been a prosecuting attorney for not less than five years, at least two of which were as a prosecuting attorney of the State of Georgia or any of its political subdivisions or as a prosecuting attorney for the United States within the State of Georgia.
(d) Except as otherwise provided in Code Section 15-18-15, each attorney appointed pur suant to this Code section shall be compensated based on a salary schedule provided for in subsection (e) of this Code section. The salary range for each class established in sub section (c) of this Code section shall be as follows:
(1) Assistant district attorney I. Not less than $19,185.00 $27,696.00 nor more than 65 percent of the compensation of the district attorney;
(2) Assistant district attorney II. Not less than $21,318.00 $30,552.00 nor more than 70 percent of the compensation of the district attorney;
(3) Assistant district attorney III. Not less than $25,582.00 $37,140.00 nor more than 80 percent of the compensation of the district attorney; and
(4) Assistant district attorney IV. Not less than $29,845.00 $42,966.00 nor more than 90 percent of the compensation of the district attorney.
(e) Subject to the salary range established by subsection (d) of this Code section, the Department uf AdminisUative Oeivicbb Prosecuting Attorneys' Council of the State of Georgia shall develop and promulgate a salary schedule for each class of attorney pro= videU I'm by bubbuctiuii (c) uf this Cude beilion. The balaiy schedule shall be slmilai tu Hie halaiy schedules adopted by the Stale Mm it Oy&tem uf I'm sumiel Admiuibli ation and
&iiul prOVlQfe iOi' an c11try SttJjj ttixCl nOt lilOlfe Lli^iii tcli sLtipS \viulliii tidCli clttss. All ccitilt)*
lisliing the salaiy schedule, all amounts shall bu luunded uff tu the neaiust whole dollai as provided in Code Section 15-18-19.
(f)(l) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the district attorney in writing in accordance with the provisions of substation (k) uf tliis Cude section Code Section 15-18-19.
(2) The following requirements shall apply to the appointment of attorneys:
(A) Except as otherwise provided by subparagraphs (B) through ffi) (F) of this para graph and by subsection (i) uf this Cude suction Code Section 15-18-19, all attorneys shall be appointed in the entry grade established for the class for which the district attorney determines they are qualified;
(13} Aii.y pel BUII wliu la cnnjlu^yeu as a. state piilu assistant uislin.1 cttluiiit^ un J uiiu
oU, iyo4, slicillDG ii^j^juinLtnl Lu Llieci^j^ji'upi iciLc dctoaat tlit?scilcii'yt>Lt;^jwliitli piu-
viilcs tin ciiiiiCictl sul&iiy ncdicst Lu, uuL ^ieiLei tllciii, tlit; tniiiual octlaij'Lilt? cmoistmiL
disUict alluiney was leceiving on June 30, 1984, jjiuvided, liuwevei, that, if the difference belwueii the annual salai^ leceived by such assistant dlsliicl altumuy uii
June oU, 19o4, a.HQ tile S&l&i'y Step tu wlilCll SUCI1 assistant district attui'iley WOUlu Dfe
tt^jpOlIltGCl plU'suttilt to tlllS Slltjjjfcii'fci.^i'cl.pil. IS IGocj Llldil pJ.UU.UL), Liicll SU.C11 &SBiSLa.ilt
uusLi'iCL ttLtOi~utiy Iilfl,y ut; a.jjjjOiiiLt;u. tO Llie ilcXt iii^llGr Bila.i*y SCGpr
(6XB) Any person who shall have successfully completed a prosecutorial clinic estab lished at a law school accredited by the American Bar Association, which has been approved by the Prosecuting Attorneys' Council of the State of Georgia, may be ap pointed as an assistant district attorney I at the salary step which is one step above the entry step;
fB)(C) Any person who shall have served as a peace officer of this state or of the United States on a full-time basis or shall have served as a forensic scientist of the

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Division of Forensic Sciences of the Georgia Bureau of Investigation or a comparable agency of the United States or any of the several states may be appointed as an assistant district attorney I at the salary step which is one step above the entry grade;
(E)(D) Any person employed as a prosecuting attorney by the Attorney General of this~state, the Prosecuting Attorneys' Council of the State of Georgia, or the United States Department of Justice who is appointed to an attorney position without a break in service may be appointed to the appropriate class at the salary step which is one step above the annual salary received by such person on the last day of employ ment immediately preceding said appointment; and
fPHE) Any person who is appointed as a state paid assistant district attorney and whoTias attained, in addition to a J.D. or LL.B. degree, an LL.M. or S.J.D. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified:; and
(F) Any person who is eligible for appointment as assistant district attorney IV who has been engaged in the active practice of law for more than ten years may be ap pointed at a salary step above the entry level on the basis of one step for every three years of experience over ten years.
(3) The Except as provided in subsection (g) of this Code section, the provisions of para graph (2) of this subsection shall not apply to personnel who transfer from a nonstate paid attorney position to a state paid position or to transfer from one district attorney's office to another.
(g) Any person who is employed in a nonstate paid attorney position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the appropriate class at a salary step which is based on the number of years the person has served in the attorney position as if the person had been initially appointed pursuant to this Code section. Any person employed as a state paid attorney with a district attor ney's office who accepts an appointment in another district attorney's office without a break in service shall be considered to have transferred and such transfer shall be to the same class at the same salary step.
(h)(l) All salary advancements shall be based on quality of work, education, and performance.
(2) The salary of an attorney appointed pursuant to this Code section may be advanced
one step at the first of the calendar month following the anniversary of such attorney's
appointment;, piuvided, liuwevei, that any atluiiiey whu, subsequent lu lus appointment^JLIIsuclliL tO Lllis LJuile occLiun, clLtcliiiS tillI il j.lvl. llt^i tjc, iiia^ Ue aniv diii^dl Iwu Bitliu^ oLc^jB ellc^l/ivc un Llic lixaL d-&y ui tlic ual^llilm inuiiLli lulluwmg Llic ciwmil ul Llit;
1111. IV1. ucgi cc. Pvu atLui imy D Billing slicill L/C mci c&ScuLe_y unil Llic iiicuiiiii 11111 01 Llic
jseiliiii _y 1 diige ii^j^'lnjeiL'lc \Aj Llic ttLLuiiie^ B wlcton.rui^y icuui^Liuii 111 salcay &lmll uc iiiciile 111 cti^uuiutiiiutwiLli aLc^io 111 tlic Acilctij/ adieuulc ^jiuviuuil lui ijy DLtljncuLiuii (c} ul tins
Ouuc ricOLiun.
(3) Any attorney who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree may be advanced two salary steps effec tive on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's class.
(i) Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications provided for in subsection (c) of this Code section, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but

TUESDAY MARCH 25, 1997

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greater than, the annual salary the attorney was receiving immediately prior to the promotion.
dLiAJi litiy AppOlHtCCl by 3. ulStl*lCt JittOl Mie^y pUx*SUclTit tO tint? t_/OQG SeCtiOli.
(,JtX-t/ itJtiCiT uisti.li; I &utomey biiciii tix tlis coiiipt;iiscitiui.i, to DC ^iciici to &tcii 3.ttoriicy
ftpjiGlliteu. plirSU&iit tu tiiiS vJOQti SGttj-Uil ill 3.CCOiLu.fcmCc vVltll tllti ClclSs Lu wlilCll tile it~
tuiiiby is ajjjJuiiiUid and the apyiupiialu Hlep uf the salary schedule.
{2} Hit; lJtrjj<li'tirit;iit OI Admin isti'SXive ot:iL viC6S, ill COupex fcttiuii with tilt: IrVuSeCutiiig
Attorney s (Jouiicil ui CTUUI'^IO. shall a.uupt and aiiituid puhcitis, rulus, and i*egu.la.tioiis
^OVt;Fill11^ tilG iiic LiiOCi OI 311u lux'ills tu Lit; U.SGCI 10 i* tile 3ppOlHtriiKiit, Li1ciiiS161*, Scilcii^y ailvciiiCtJineiiLB 01' rGUllCtlOHS, B.xiQ pluiiiuLiOiiS OI 3.ttOiT.it;_yb ii^j^jOiiltctl pU-lBU-O-iit t>O tlliS
(3) Thu Dbpaitmmil uf Admiiiisli alive Sei vices iJiall levisu the Malai^ nchedulu piu-
by subsuctiun (d) uf thib CuJb aectiuu lu include cust uf living inciea&eb which may be
gicintcu li uni Liiiit: Lu time Lu iiicinLit;is ul Uie i^lctooilltQ SciviCt; ul Llie kjLiAtc IvleiiL ljyo~
leiu uf Pei-homiel AdmiiiisUatiori. (4) The baldiiub piuvidud fui by lliib Cudtj beuUuu bliall be paid in equal muiillily installmeiits by tli6 coiiniiisbiuiiex1 or dciiiiinistrative sei^iCes ti'oin iuiicls 3.pjjxupi'io.teu. or
fl.V3.lltt)l6 Tux' LIJ.C uptJi'
SECTION 7.
Said chapter is further amended by striking subsections (d) through (m) of Code Section 1518-14.1, relating to district attorney investigators, and inserting in lieu thereof the following:
"(d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established by Hie DepailmeuL uf AdmimsUdlivb Seivim. as follows, pursuant to Code Section 15-18-19.
ti) The salary range for the investigator appointed pursuant to this Code section shall be not less than $19,500.00 $23,490.00 nor more than 70 percent of the compensation of the district attorney from state funds., and
\i) J. lie S<il3ry SClj.cClu.ic csliiJ.l Oe Sllililtix1 LO trie ^eliel ell \J<Ay SCi ieCiU.lt; uSt3.1jlicillcCl tjy tll6 otfl-te rJLui'iL oyStciii 01 ANSI'S OIUIcl ACiiiiiiHStrltlOii ciiiCl ciii&ll prOVxClt; 10 i' ~di iiiiiilli'lLnii ellLi'j' StcO iiliu SUCI1 iu.u.iLiOii<il Steps, nut LO CACt;t;u. o ]jelcunt uctWcell 63.C11. sLep, AS WGIl
appiuach Hie maxhnum allowable salaiy. In eblablisliliig1 the salai^ schedule, all
^nl'iuuxits sllfl.ll D6 I'uuiiueu Oil ro tll6 iiefcu'est wliOle uOllcii1 , Hit; i/6partlll6Iit ui A.uiiillilSti*3.tlVe oelviCcS olicill i'GVlSti tllfe Hfcilcii"^ tiCiieQUIG jjiluviued 101* 111 tlllS su.uSectiOll Siiu. Llic ^liti'j? IcVcl cJalftry 6StlL*liSlieCi by pttr&^x fctpii (, 1) OT tlUs SUDSt;CtiOii CO iliuliiCtG COSt OI liVAix^f lUd'cflSOS "WxlxClx ilxfly UK gl'iiHlt;u. li'OIll tllllG "CO " tixxic tO ill61HD6rS 01 tlic C13.SS1I16C1 S61*ViCt; ui tilt; otctte JM61"lt oysteili OI r6x'S011iit:l Auillllnstration.
\jc) AJ.1 p6rsonii6l &ctxuxxs involving pyx'soixxicl cippointscl ^jui^susnt to tins CJodc section
S113.ll Dti Ixi wx'xtixi^ try tllfe QlStxLiut a-ttOl'lley ill cicuui'ClciiiCt; Vvltll Lil6 piluvisiOiis ui SUDfecCtiOil
(1) uf this Code trXeXD A Except as otherwise provided in this subsection, a district attorney investigator shall be appointed initially to the entry grade of the general pay schedule. (2) Any person who is employed in a nonstate paid investigator's position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served m the investigator position as if the person had been initially appointed pursuant to this Code section? (3) Any person who is employed as a peace officer by an agency of the executive branch oT state government who is appointed as an investigator pursuant to this Code section

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without a break in service, as defined in Code Section 15-18-14, may be appointed to tEe salary step which is one step above the annual salary such person received on the last day of employment immediately preceding said appointment.
(4) Any person who was a certified peace officer employed on a full-time basis by this state, the United States or any of the several states, or a political subdivision or autEority thereof, may be appointed to the salary step above the entry level based on one step for every three years experience as a full-time certified peace officer.
) All s&liiry sQVfl.nctiiiitJiil'B siid.il DG U&SOQ on mj.cilii>-y ot worfc. ciiitl pcrlomiiiiicc. i lie
i'SOililel ctp|JuliiLcu ptii'tiLiiiiil LO Lluri LyOut; StsClIOil iHa.__y uG <l(lV<iHtt;u. uilc Slcjp lt
iNO cillploycc S Sflltiry Sll&ll uc cuivtiiiCtju. JJtiyGllCi Lim lliflJLiiiiu.iii ul tll6SS.lfl.ry SCX16u.ulc.
ilcir^ slicill ut; iiictilt; ni SCCOi^ilclllCti W itii Lilt; Sfciltii'^y &wlitiCl lilti ti*O~ VlQGu lOl* 111 SU-uScCLiOIl \Cr/ Ol tliiS vJOCle ScCtiOH.
\i) 1 lie COUIity 01* CO tiiYClGfe Comprising Si JUulClell Clltu.lt' Li&y is U-ppIGIll^Ilt tllfe S&liiy Ol ^11y
Jisliicl atturiie^ invtistigatoi1 appointed pursuant Lo this CuJe sectiun.
<jKO Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the provi sions of Code Section 15-18-12.
\K.) 1 lie .1 -fuBtjCuLiIl^J Attoi'iicycj vJOu.ii.Cil ul vjfGGigiia olidll 3.uOjJi/ ctiiil fl.lileiiCi jjuliCico, I'ultis, iiliu i^t;^iJll3.trlOliS t;ri Lctljlisliill^ reCOfClS ciliu. ^ji'OCeu ui'GS CO11CcI'lliii.^ pGrSOIlllel itCLiOiiS 3S
be neceijsaiy lu can> uut Llie intent uf this Cude
\i) Hie S3.1di'itrs jjfOVlufefl. lui lil tiiici vJOCte seCtiOIl Sl'icill uti p&iu. Ii'Oin luiiQS ct^jpi'u^iiciLt ivailHD16 lOl* tlit; OJjei'cttiOil Ol tH6 SU.pel"lOr COtii'tS in Llit; &filiiti lUfl.nilci1 &B 10 ^jiOVlu^ 13. W lux' idri&i&LiillL QlStl'lCt ctttOi'i i&
t^iilj 111 Lilt; 6V6HI LlitiL tile ^eiici'dl tipJJI'Opn 3.LI011c! Act ClOcS iiOL CunLcllll ii]Jpi u^j1 1ci Lluno
sufficient tu fund all uf the pusitiuiis autliuilaed by subseotlun (a) uf this Cudu sectiuii, the Prosecuting Attumeys' Cuuncil uf Geuigla shall allucale buch positiuiis amung distiicl altunib^is' ufflces iu such a manner as will fuithei the intent of this Cude
cinu ^iiuviuc ail liivbsli^citui tu Llic iimAiuiuiii nuiiiut:i ul juuiuicil uncuila.
SECTION 8.
Said chapter is further amended by inserting after Code Section 15-18-14.1, a new Code Section 15-18-14.2, to read as follows:
"15-18-14.2.
(a) The Subject to such funds as may be appropriated by the General Assembly or which are otherwise available to the State of Georgia for such purpose, the district attorney is authorized to employ a victim assistance coordinator and such other victim assistance personnel as may be necessary to assist the district attorney in carrying out the duties imposed by Chapter 17 of Title 17 relating to the rights of victims of crime or other laws of this state relating to the rights of victims of crimes. Any such personnel shall be com pensated by the state in the same manner as other state paid personnel appointed pursu ant to this article from such funds as may be appropriated for such purpose or as are otherwise available for such purpose. Such personnel shall also be authorized to receive the same fringe benefits as other state paid personnel.
(b) Subject to the provisions of Code Section 15-18-19, the district attorney shall fix the compensation of each person appointed pursuant to this Code section; provided, however, that the maximum salary for any such position shall not exceed 70 percent of the annual salary of the district attorney from state funds.
(c) Each person employed as a victim assistance coordinator or victims advocate shall complete an initial training program prescribed by the Prosecuting Attorneys' Council of the State of Georgia within 12 months of such employment and such in-service training as the council shall by rule prescribe.

TUESDAY MARCH 25, 1997

1713

(d) Not later than June 1 of each year, the Prosecuting Attorneys' Council of the State of Georgia shall furnish to each district attorney and the Department of Administrative Services a budget for the judicial circuit based on the amount appropriated by the General Assembly or otherwise available for personnel and operations of victim assist ance programs authorized by this Code section."
SECTION 9.
Said chapter is further amended by striking subsection (c) of Code Section 15-18-15, relat ing to chief assistant district attorneys, in its entirety and inserting in lieu thereof the following:
"(C) In addition to any other compensation which the chief assistant district attorney may receive from state or county funds, the district attorney may authorize the chief assistant district attorney to be paid an amount uut tu exceed $1,200.00 pel annum. Said
Hluuuiit shall be pciiu in cv^ual muullilj' iiAsLalliiieiitcj iiuiii ol<al luiiua cippi u^ji lateu ui
available fui the upmaliuu uf the superiui cumis based on the salary schedule developed by the Prosecuting Attorneys' Council of the State of Georgia pursuant to Code Section 15-18-19."
SECTION 10.
Said chapter is further amended by striking Code Section 15-18-17, relating to employment of secretaries for district attorneys, which reads as follows:
"15-18-17.
(a) Each district attorney is authorized to employ two legal secretaries. Each secretary so employed shall be an employee of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Personnel Administration.
(b) Secretaries employed pursuant to this Code section shall serve at the pleasure of the district attorney who employed them and shall perform such duties and assignments as shall be prescribed by the district attorney.
(c)(l) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. After Step 7 there shall be four additional steps known as Step L-l through Step L-4. Step L-l shall be $23,536.05 annually and Step L-4 shall be $27,244.50 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step.
(2)(A) Each step on said pay schedule to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration which is effective after June 30, 1990.
(B) Each step on said pay schedule to be paid from state funds shall be increased on the effective date of any action by the State Personnel Board which takes effect after June 30, 1989, and which increases all merit system classes one or more pay grades. The amount of such increase shall be 5 percent for each pay grade that the merit system classes are increased. If the action of the State Personnel Board provides for employees to move to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade, then the same provi sion shall operate to keep secretaries at the same salary, except where it is necessary to bring a secretary to the new salary for Step 1.
(3) Each district attorney may grant to each secretary a merit increase equal to one step on Steps 1 through 7 of the pay schedule, or any revised pay schedule, upon com pletion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing laws or at any time not less than 12 months since the employees' original date of continuous em ployment if no merit increase has been granted under previously existing laws. Each

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district attorney may grant to each secretary who has advanced to Step 7 or above a merit increase in Steps L-l through L-4 at any time not less than 24 months since the last merit increase under this or any previously existing laws.
(4) Each secretary employed on July 1, 1985, shall be:
(A) Placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985; or
(B) Placed upon the next higher step of the secretary's current salary is greater than the step to which the secretary would be entitled by virtue of subparagraph (A) of this paragraph, subject to the provisions of paragraph (3) of this subsection.
(5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-6-25, authorizing the employment of superior court judges' secretaries, may transfer to this pay schedule upon appointment as a secretary to a district attorney of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment.
(d) The compensation of each secretary shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts.
(e) In addition to the salary paid to each secretary, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts.",
and inserting in lieu thereof a new Code Section 15-18-17 to read as follows: "15-18-17.
(a) Each district attorney is authorized to employ two legal secretaries.
(b)(l) Except as otherwise provided in this subsection, legal secretaries appointed pur suant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section 15-18-19.
(2) Any person who is employed in a nonstate paid secretarial position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the secretarial position as if the person had been initially appointed pursuant to this Code section.
(3) Any person who is employed as a state paid secretary to a superior court judge pursuant to Chapter 6 of this title and who is appointed as a legal secretary pursuant to this Code section without a break in service may be appointed to the salary step which is equal to the compensation such person received as a secretary for said judge.
(4) Any person employed in a comparable clerical or secretarial position by an agency of this state who is appointed to a secretarial position pursuant to this Code section without a break in service may be appointed to the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment.
(5) Any person employed as a legal secretary on July 1, 1997, shall be appointed to the appropriate step which provides an annual salary nearest to, but greater than, the annual salary such secretary was receiving on July 1, 1997.
(c) All personnel actions involving secretaries appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-18-19."
SECTION 11.
Said chapter is further amended by striking Code Section 15-18-18, relating to alternate hiring procedures for secretaries, and inserting in lieu thereof the following:

TUESDAY MARCH 25, 1997

1715

"15-18-18.
(a) In lieu of hiring a secretary under Code Section 15-18-17, each district attorney, with tHe written consent of the governing authority of any county or counties within his or her judicial circuit, may employ a secretary who shall be an employee of the county which pays the compensation of the secretary and in which the governing authority has given its consent to compensate the secretary. Upon employing the secretary, it shall be the duty of the district attorney to notify the commissioner of administrative services of such fact and of the amount of the compensation to be paid to the secretary. It shall be the further duty of the district attorney to notify the commissioner of any change in the sta tus or compensation of the secretary. The commissioner of administrative services shall reimburse the county or counties paying the compensation from funds appropriated or otherwise available for the operation of the superior courts for the compensation paid to the secretary plus any employer contribution paid for the secretary under the act of Con gress approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended; but such payments shall not exceed the maximum amount payable directly to or for a secretary under Code Section 15-18-17.
(b) The provisions of this Code section shall apply only to those personnel employed prior to July 1, 1997. In the event of any vacancy which occurs after July 1, 1997, in a position heretofore compensated by a county pursuant to this Code section, said vacancy shall be filled as provided in Code Section 15-18-17."
SECTION 12.
Said chapter is further amended by striking Code Section 15-18-19, relating to county sup plements for secretaries of district attorneys, which reads as follows:
"15-18-19.
Any law to the contrary notwithstanding, the county or counties comprising each judicial circuit within this state are authorized to supplement the compensation of any secretary employed by any district attorney, including those secretaries employed by or paid from the funds of the state.",
and inserting in lieu thereof a new Code Section 15-18-19 to read as follows:
"15-18-19.
(a) All state paid personnel employed by the district attorneys pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution of Georgia and shall be in the unclassified service of the State Merit System of Personnel Administration.
(b) Personnel employed by the district attorneys pursuant to this article shall have such authority, duties, powers, and responsibilities as are authorized by law or as assigned by the district attorney and shall serve at the pleasure of the district attorney.
(c) Subject to the provisions of this chapter, the Prosecuting Attorneys' Council of the State of Georgia shall, with the advice and consent of a majority of the district attorneys, adopt and amend uniform policies, rules, and regulations which shall apply to all state paid personnel employed by the district attorneys. Such policies, rules, and regulations may include provisions for the appointment, classification, promotion, transfer, demo tion, leave, travel, records, reports, and training of personnel. Such policies, rules, and regulations shall be consistent with the duties, responsibilities, and powers of the district attorneys under the Constitution and laws of this state and the rules of the trial and appellate courts. Not less than 30 days prior to taking final action on any proposed pol icy, rule, or regulation adopted pursuant to this Code section, or any amendment thereto, the council shall transmit a copy of said policy, rule, regulation, or amendment to all district attorneys and the presiding officers of the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate.
(d) District attorneys and state paid personnel employed by the district attorney shall be entitled to annual, sick, and other leave authorized by the policies, rules, or regulations

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adopted by the council pursuant to subsection (a) of this Code section. Subject to the provisions of Code Section 47-2-91, district attorneys who are members of either the Dis trict Attorneys' Retirement System or the Employees' Retirement System of Georgia shall also be entitled to receive creditable service for any forfeited annual or sick leave.
(e)(l) The council shall establish salary schedules for each such state paid position authorized by this article or any other provision of law. Said salary schedules shall be similar to the general and special schedules adopted by the State Merit System of Per sonnel Administration and shall provide for a minimum entry step and not less than ten additional steps, not to exceed the maximum allowable salary. In establishing the salary schedule, all amounts will be rounded off to the nearest whole dollar. The coun cil may, from time to time, revise the salary schedule to include across the board in creases which the General Assembly may from time to time authorize in the General Appropriations Act.
(2) The district attorney shall fix the compensation of each state paid employee ap pointed pursuant to this article in accordance with the class to which such person is appointed and the appropriate step of the salary schedule.
(3) All salary advancements shall be based on quality of work, training and perform ance. The salary of state paid personnel appointed pursuant to this article may be advanced one step at the first of the calendar month following the annual anniversary of such person's appointment. No employee's salary shall be advanced beyond the maximum established in the applicable pay schedule.
(4) Any reduction in salary shall be made in accordance with the salary schedule for such position and the policies, rules, or regulations adopted by the council.
(5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services as pro vided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services, authorize employees compensated pursuant to this Code section to participate in voluntary salary deduc tions as provided by Article 3 of Chapter 7 of Title 45.
(6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article.
(7) The governing authority of any municipality within the judicial circuit may, with the approval of the district attorney, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article."
SECTION 13.
Said chapter is further amended by inserting after Code Section 15-18-20 a new Code Sec tion 15-18-20.1 to read as follows:
"15-18-20.1.
Notwithstanding any other provision of law, the governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of district attorney may contract with the Department of Administrative Services to pro vide such additional personnel in the same manner as is provided for state paid person nel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the district attorney pursuant to this article. The governing authority of such county or municipality shall transfer to the department such funds as may be necessary to cover the compensa tion, benefits, travel, and other expenses for such personnel."

TUESDAY MARCH 25, 1997

1717

SECTION 14.
Said chapter is further amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 15-18-22, known as "The Law School Public Prosecutor Act of 1970," and in serting in lieu thereof the following:
"(2) 'District attorney" means any district attorney of this state, the Attorney General, the director of the Prosecuting Attorneys' Council of the State of Georgia, or any solicitorgeneral or solicitor of a state, municipal, or recorder's court or any assistants of such officers."
SECTION 15.
Said chapter is further amended by adding at the end of Code Section 15-18-40, relating to the establishment, purpose, and functions of the Prosecuting Attorneys' Council of the State of Georgia, a new subsection (c) to read as follows:
"(c) The council:
(1) Shall be the fiscal officer for the prosecuting attorneys and shall prepare and sub mit budget estimates of state appropriations necessary for the maintenance and opera tion of the district attorneys' and solicitor-general's offices; and
(2) From such funds as may be appropriated or otherwise available for the operation of the superior courts or prosecuting attorneys, may provide such administrative func tions, services, supplies, equipment, or operating expenses as may be necessary for the fulfillment of the duties and responsibilities of such prosecuting attorneys and may contract with the Department of Administrative Services or any other department, bu reau, agency, commission, institution, or authority of this state or any other entity for such purpose."
SECTION 16.
The Department of Administrative Services is authorized and directed to transfer to the Prosecuting Attorneys' Council of the State of Georgia such funds as may be necessary to carry out the provisions of Section 5 of this Act.
SECTION 17.
Any policies, rules or regulations relating to the appointment, classification, promotion, transfer, demotion, leave, travel, records, reports, or training of state paid district attor neys' personnel which are in effect on the effective date of this Act shall remain in full force and effect until such time as they are superseded by such policies, rules, or regulations adopted in accordance with Section 11 of this Act.
SECTION 18.
Said Chapter 18 of Title 15 of the Official Code of Georgia Annotated is further amended in Article 3, relating to solicitors-general of the state courts, by striking in its entirety Code Section 15-18-67, which reads as follows:
"15-18-67.
Reserved.",
and inserting in lieu thereof the following: "15-18-67.
(a) Solicitors-general of state courts shall be compensated from county funds as provided by local law.
(b) The county governing authority is authorized to supplement the minimum compensa tion to be paid to the solicitor-general of the state court of that county as provided by local law, but no solicitor-general's compensation or supplement shall be decreased dur ing his or her term of office."

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SECTION 19.

(a) Notwithstanding the provisions of Code Section 1-3-4.1 and except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1997.
(b) Section 8 of this Act shall become effective on July 1, 1998.

SECTION 20.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton
Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

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

Those not voting were Senators:

Abernathy Bowen Hill

Hooks (excused) Perdue (excused) Taylor

Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Turner Tysinger
Thompson Walker (excused)

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

HB 719. By Representatives Orrock of the 56th and Walker of the 141st:

A bill to amend Code Section 45-12-35 of the Official Code of Georgia Annotated, relating to rewards for the detection or apprehension of perpetrators of certain felonies or other offenses, so as to change the amount of the reward which may be offered and paid by county and municipal governing authorities.
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 Boshears

Bowen Brown of 26th

Brush Burton

TUESDAY MARCH 25, 1997

1719

Cagle Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour Griffin Guhl Harbison Henson 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Broun of 46th

Gillis Hill Hooks (excused)

Perdue Thomas of 10th Walker (excused)

On the passage of the bill, the yeas were 47, 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 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 disagreed to the Senate amendment to the following bill of the House:

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.
The House has adopted by the requisite constitutional majority the following resolu tion of the House:

HR 613. By Representatives Howard of the 118th, Anderson of the 116th, Alien of the 117th, Epps of the 131st, Taylor of the 134th and others:
A resolution commending the Godfather of Soul, Mr. James Brown.
The following bill was taken up to consider House action thereto:

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JOURNAL OF THE SENATE

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 House substitute was as follows:
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 actions relating to unprofessional practice or conduct; 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 for any life-threaten ing illness, disease or condition by a person licensed to practice medicine under this arti cle 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 discloses the facts regarding the nature of the treatment, specifically including that the treatment offered is experimental, not approved by the FDA for such indication, and available alternatives, as well as the material risks generally recognized by reasonably prudent physicians of such treatment's side effects.
(d) The treatment of patients in compliance with this Code section by a person licensed to practice medicine under this article shall not by itself constitute unprofessional practice or conduct."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

TUESDAY MARCH 25, 1997

1721

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed. Senator Gochenour of the 27th moved that the Senate disagree to the House substitute
to SB 341. On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate dis
agreed to the House substitute to SB 341. The Calendar was resumed.

HB 841. By Representatives Henson of the 65th, Childers of the 13th, McClinton of the 68th and others:

A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to change the provisions regard ing use of titles by and identification of registered nurses.
Senate Sponsor: Senator Thomas of the 10th.

Senator Thomas of the 10th offered the following amendment to HB 841: Add on line 20 the following: "The board is authorized to enact rules and regulations setting identification and direct patient care standards?
Senator Price of the 56th offered the following amendment: Amend the Thomas amendment to HB 841 by striking "and direct patient care"
On the adoption of the Price amendment, Senator Thomas of the 10th called for the yeas and nays.
The call was sustained and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Brush Burton Cagle Clay Crotts Egan

Glanton Gochenour Guhl Johnson of 1st Lamutt Land Price of 28th

Price of 56th Ralston Ray Roberts Tanksley Thomas of 54th Tysinger

Those voting in the negative were Senators:

Abernathy Broun of 46th Brown of 26th Cheeks Dean Fort Gillis Griffin Harbison Henson

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

Ragan Scott Starr Stokes Streat Taylor Thomas of 10th Thompson Turner

Those not voting were Senators:

Blitch Bowen

Hooks (excused) Perdue (excused)

Walker (excused)

On the adoption of the amendment, the yeas were 22, nays 29, and the Price amend ment to the Thomas amendment was lost.

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JOURNAL OF THE SENATE

On the adoption of the Thomas amendment to HB 841, the yeas were 31, nays 13, and the Thomas 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
Broun of 46th Brown of 26th Brush Burton Cheeks Dean Egan Fort Gillis

Griffin Harbison Henson
Hill Huggins James Johnson of 2nd Kemp Lamutt Langford Madden Marable

Middleton Oliver Price of 28th
Ragan Scott Starr Stokes Streat Taylor Thomas of 10th Thompson Turner

Those voting in the negative were Senators:

Balfour Cagle Clay Crotts Glanton Gochenour

Guhl Johnson of 1st Land Price of 56th Ralston

Ray Roberts Tanksley Thomas of 54th Tysinger

Those not voting were Senators:

Bowen Hooks (excused)

Perdue (excused) Walker (excused)

On the passage of the bill, the yeas were 36, nays 16. The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Clay of the 37th.
The Senate Judiciary Committee offered the following substitute to HB 183:
A BILL
To be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that under certain conditions a person who has been arrested may request in writing that the arresting agency expunge the records of such arrest; to provide for review of such request by the prosecuting attorney; to provide criteria for expungement; to provide for the destruc tion of certain records if the records qualify for expungement; to provide for the preserva tion of certain records to conform to constitutional requirements; to provide that the Georgia Crime Information Center shall restrict access to the criminal history of certain

TUESDAY MARCH 25, 1997

1723

persons; to provide that certain records shall be available to certain criminal justice offi cials under certain conditions; to provide for actions to enforce certain rights under this Act; to provide for the award of reasonable court costs and attorney's fees in certain cases; to provide conditions under which records shall not be expunged; to provide for appeals by the prosecuting attorney in cases where the recommendation of the prosecuting attorney is not followed; to provide procedures for expungement of criminal records in certain cases where there has been an indictment or accusation; to provide that certain information re lating to criminal cases shall not be destroyed or disclosed; 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 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking Code Section 35-3-37, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, and inserting in lieu thereof a new Code Section 35-3-37 to read as follows:
"35-3-37.
(a) Nothing in this article shall be construed so as to authorize any person, agency, corpo ration, or other legal entity to invade the privacy of any citizen as defined by the General Assembly or the courts other than to the extent provided in this article.
(b) The center shall make a person's criminal records available for inspection by him such person or his or her attorney upon written application to the center. Should the person or his or her attorney contest the accuracy of any portion of the records, it shall be mandatory upon the center to make available to the person or his such person's attorney a copy of the contested record upon written application identifying the portion of the record contested and showing the reason for the contest of accuracy. Forms, procedures, identification, and other related aspects pertinent to access to records may be prescribed by the center.
(c) If an individual believes his or her criminal records to be inaccurate or incomplete, he or she may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify the center of such changes. Should the agency decline to act or should the individual believe the agency's decision to be unsatis factory, the individual or his or her attorney may, within 30 days of such decision, enter an appeal to the superior court of the county of his or her residence or to the court in the county where the agency exists, with notice to the agency, to acquire an order by the court that the subject information be expunged, modified, or supplemented by the agency of record. The court shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the probate court, except that the appellant shall not be required to post bond or pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certi fied mail shall be sufficient service on the agency having custody or control of disputed record that such appeal has been entered. Should the record in question be found to be inaccurate, incomplete, or misleading, the court shall order it to be appropriately ex punged, modified, or supplemented by an explanatory notation. Each agency or individ ual in the state with custody, possession, or control of any such record shall promptly cause each and every copy thereof in his or her custody, possession, or control to be al tered in accordance with the court's ordeE Notification of each such deletion, amend ment, and supplementary notation shall be promptly disseminated to any individuals or agencies, including the center, to which the records in question have been communicated, as well as to the individual whose records have been ordered so altered.

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(d)(l) An individual who was:
(A) Arrested for an offense under the laws of this state but subsequent to such arrest is released by the arresting agency without such offense being referred to the prose cuting attorney for prosecution; or
(B) After such offense referred to the proper prosecuting attorney, and the prosecut ing attorney dismisses the charges without seeking an indictment or filing an accusation
may request the original agency in writing to expunge the records of such arrest, in cluding any fingerprints or photographs of the individual taken in conjunction with such arrest, from the agency files. Such request shall be in such form as the center shall prescribe. Reasonable fees shall be charged by the original agency and the center for the actual costs of the purging of such records, provided that such fees shall not exceed $50lMX
(2) Upon receipt of such written request, the agency shall provide a copy of the request to the proper prosecuting attorney. Upon receipt of a copy of the request to expunge a criminal record, the prosecuting attorney shall promptly review the request to deter mine if it meets the criteria for expungement set forth in paragraph (3) of this subsec tion. If the request meets those criteria, the prosecuting attorney shall review the records of the arrest to determine if any of the material contained therein must be preserved in order to protect the constitutional rights of an accused under Brady v. MarylancT
(3) An individual has the right to have his or her record of such arrest expunged, in cluding any fingerprints or photographs of the individual taken in conjunction with such arrest, if the prosecuting attorney determines that the following criteria have been satisfied:
(A) The charge was dismissed under the conditions set forth in paragraph (1) of this subsection;
(B) No other criminal charges are pending against the individual; and
(C) The! individual has not been previously convicted of the same or similar offense under the laws of this state, the United States, or any other state within the last five years, excluding any period of incarceration.
(4) The agency shall expunge the record by destroying the fingerprint cards photo graphs, and documents relating exclusively to such person. Any material which can not be physically destroyed or which the prosecuting attorney determines must be preserved under Brady v. Maryland shall be restricted by the agency and shall not be subject to disclosure to any person except by direction of the prosecuting attorney or as ordered by a court of record of this state.
(5) It shall be the duty of the agency to notify promptly the center of any records which are expunged pursuant to this subsection. Upon receipt of notice from an agency that a~record has been expunged, the center shall, within a reasonable time restrict access to" the criminal history of such person relating to such charge. Records for which access is restricted pursuant to this subsection shall be made available only to criminal jus tice officials upon written application for official judicial law enforcement or criminal investigative purposes?
(6) If the agency declines to expunge such arrest record, the individual may file an action in the superior court where the agency is located as provided in Code Section 5013-19. A decision of the agency shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in paragraph (3) of this subsection or subparagraphs (A) through (G) of this paragraph. The court in its discretion may award reasonable court costs including attorney's fees to the individ ual if he or she prevails in the appellate process. Any such action shall be served upon tEe agency, the center, the prosecuting attorney having jurisdiction over the offense

TUESDAY MARCH 25, 1997

1725

sought to be expunged, and the Attorney General who may become parties to the ac tion. A record shall not be expunged if the prosecuting attorney shows that the charges were nolle pressed, dead docketed, or otherwise dismissed because:
(A) of a plea agreement;
(B) The government was barred from introducing material evidence against the indi vidual on legal grounds including but not limited to the grant of a motion to suppress or motion in limine;
(C) A material witness refused to testify or was unavailable to testify against the individual;
(D) The individual was incarcerated on other criminal charges and the prosecuting attorney elected not to prosecute for reasons of judicial economy;
(E) The individual successfully completed a pretrial diversion program, the terms of which did not specifically provide for expungement of the arrest record;
(F) The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of this state, the United States, another state, or foreign nation; or
(G) The individual had diplomatic, consular, or similar immunity or inviolability From arrest or prosecution.
(7) If the prosecuting attorney having jurisdiction determines that the records should not be expunged because the criteria set forth in paragraph (3) or subparagraphs (A) through (G) of paragraph (6) of this subsection were not met, and the agency or center fails to follow the prosecuting attorney's recommendation, the prosecuting attorney having jurisdiction over the offense sought to be expunged or the Attorney General may appeal a decision by the agency or center to expunge a criminal history as pro vided in Code Section 50-13-19.
(8) An individual who has been indicted or charged by accusation that was subse quently dismissed, dead docketed or nolle prossed may request an expungement as provided by paragraphs (1) through (3) of this subsection; provided, however, thatlf tHe prosecuting attorney objects to the expungement request within 60 days after re ceiving a copy of said request from the agency, the agency shall decline to expunge and the individual shall have the right to appeal as provided by paragraph (6) of this sub section. After the filing of an indictment or accusation, no individual's record shall Ee expunged unless such indictment or accusation was dismissed, dead docketed, or nolle prossed in order to serve the best interest of justice.
(9) Nothing in this subsection shall be construed as requiring the destruction of inci dent reports or other records that a crime was committed or reported to law enforce ment. Further, nothing in this subsection shall be construed to apply to custodial records maintained by county or municipal jail or detention centers. It shall be tHe duty of the agency to take such action as may be reasonable to prevent disclosure of information to the public which would identify such person whose records were expungecT
(tt)(e) Agencies, including the center, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures, fees not to exceed $3.00, or restrictions including fingerprinting as are reasonably necessary to assure the records' security, to verify the identities of those who seek to inspect them, and to maintain an orderly and efficient mechanism for inspec tion of records.
The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act7 shall not apply to proceedings under this Code section.
ffKg) If the center has notified a firearms dealer that a person is prohibited from purchas ing!^ possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such person's being involuntarily hospitalized within the

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JOURNAL OF THE SENATE

immediately preceding five years, upon such person or his or her attorney making an application to inspect his or her records, the center shall provide the record of involun tary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person's eligibility to possess or transport a handgun."
SECTION 2.

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

Those voting in the affirmative were Senators:

Abernathy 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 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 Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Bowen Egan

Hooks (excused) Perdue (excused)

Scott Walker (excused)

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Gillis of the 20th assumed the Chair.

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.
Senate Sponsor: Senator Ray of the 48th.

The Senate Special Judiciary Committee offered the following substitute to HB 533:

A BILL
To be entitled an Act to amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to change the manner of perfection and

TUESDAY MARCH 25, 1997

1727

filing of certain instruments securing obligations relating to fixtures and personalty of cer tain railroad and utility corporations; 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; to provide a means to cancel the record of a nonconforming lien; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, is amended by striking Code Section 44-14-36, relating to security interests in property in certain railroad and utility corporations, and inserting in its place a new Code section to read as follows:
"44-14-36.
(a) A mortgage, deed to secure debt, indenture, deed of trust, or other security agreement oFany supplement or amendment thereto relating to both real and peihuiial property made by a railroad corporation, electric or gas corporation, other public utility corpora tion, or any corporation or other entities engaged in the furnishing of telephone service or the production, transmission, or distribution of electricity or made by any receivers, trustees, or other legal officers in possession of or operating any such corporation or other entity shall be recorded on the real property records in the office of the clerk of the supe rior court in each county in this state in which any of the property is located. The tlei k uf
lilic BU^JCI lui uuui L in veu^LL CtjiinL^y aliall cLlsu UG xci^lincu \AJ d Oao milcA.cm_y ^Joi ctvMialLjr
involved un the iiisti umeuts in Hie indexes maintained by the deik in which aie leuji Jed all lienh, muitgages, ui ulhei1 eiicumbiauojs uii yeisunal piupmty. Any such security agreement or any supplement or amendment thereto shall be valid only from the time it is filed for record against subsequent creditors, grantees, purchasers, and mortgagees acting in good faith and without notice. Such instruments need not otherwise be filed or refiled except as may be provided by Chapter 3 of Title 40. To the extent that any mort gage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto executed before April 8, 1968, has been filed or re corded as provided in this Code section, it need not be refiled or rerecorded under this Code section; and nothing in this Code section shall be deemed to impair the lien or effect of any such instrument executed prior to April 8, 1968, which instrument has been re corded or filed in accordance with the laws of this state applicable thereto prior to April 8, 1968.
(b) A security interest relating to fixtures and personal property of such a corporation shall be perfected as provided in Code Sections 11-9-401 through 11-9-403. Any such prior filing or recording that has been entered on the Uniform Commercial Code index for secured transactions, where no notice of conflict of lien or notice of creditor priority has been given, shall be valid and any such instruments need not otherwise be refiled, re recorded, or reindexed."
SECTION 2.
Part 1 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens affecting real property, is amended by striking in its entirety Code Section 44-14-320, relating to the establishment of certain liens, and inserting in lieu thereof the following:

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JOURNAL OF THE SENATE

"44-14-320.

(a) The following liens are established in this state:

(1) Liens for taxes in favor of the state, the counties, and the municipal corporations;

(2) Liens in favor of creditors by judgment and decree;

(3) Liens in favor of laborers;

(4) Liens in favor of landlords;

(5) Liens in favor of mortgagees;

(6) Liens in favor of landlords furnishing supplies;

(7) Liens in favor of mechanics on real and personal property;

(8) Liens in favor of contractors, niaterialmen, subcontractors, materialmen furnishing material to subcontractors, and laborers furnishing labor to subcontractors, machin ists, and manufacturers of machinery. As used in this paragraph, the term 'subcon tractor' includes, but is not limited to, subcontractors having privity of contract with the prime contractor;

(9) Liens in favor of certain creditors against steamboats and other watercraft;

(10) Liens in favor of the proprietors of sawmills and the proprietors of planing mills and other similar establishments;

(11) Liens in favor of innkeepers, boardinghouse keepers, carriers, livery stable keep ers, pawnbrokers, depositories, bailees, factors, acceptors, and attorneys at law;
(12) Liens in favor of owners of stallions, jacks, bulls, and boars;
(13) Liens in favor of railroad employees, owners of stock killed, and persons furnish ing supplies to railroads;
(14) Liens in favor of laundrymen; and

(15) Liens in favor of jewelers.

(b) All liens provided for in this chapter or specifically established by federal or state statute, county, municipal or consolidated government ordinance, or specifically estab lished in a written declaration or covenant which runs with the land shall be exempt from subsection (c) of this Code section. All other liens shall be defined as nonconforming liens. Each nonconforming lien shall be nullity with no force or effect whatsoever even though said nonconforming lien is duly filed, recorded, and indexed in the land records of one or more counties in this state.

(c) Any person, corporation, or other entity against whose property a nonconforming lien

is filed or recorded may, without notice to any party, file an ex parte petition for an order

to remove a nonconforming lien from the record in the superior court of the county in

which said lien is filed or recorded and obtain an order from said superior court directing

the clerk of the superior court to record the order and mark the recorded nonconforming

lien: 'CANCELED OF RECORD PURSUANT TO OER DATED

.RECORDED

AT DEED BOOK , PAGE . THIS DAY OF , 19 .' The petition shall set

forth that!

(1) The niovant is a party against whose property a nonconforming lien is filed;

(2) The lien in question is a nonconforming lien as defined under this Code section; and

(3) A certified copy of the nonconforming lien is attached as an exhibit.
The petition must be executed by the movant or the movant's attorney. The order may be entered as early as the date of filing of the petition and shall set for that, upon review of the petition and the certified copy of the recorded instrument attached thereto, it is the order of the court that said lien is a nonconforming lien under this Code section and that the clerk of the court is ordered to record the order and mark the nonconforming lien canceled of record."

TUESDAY MARCH 25, 1997

1729

SECTION 3.
Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective July 1, 1997.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed. Senator Ray of the 48th offered the following amendment:
Amend the committee substitute to HB 533 by striking line 12 of page 1 and inserting in lieu thereof the following: "a nonconforming lien; to amend Code Section 11-9-302 of the Official Code of Georgia An notated, relating to perfection of security interests, so as to make a conforming amend ment; to provide for related matters; to provide an effective date; to". By inserting after line 30 of page 4 the following:
"SECTION 3.
Code Section 11-9-302 of the Official Code of Georgia Annotated, relating to perfection of security interests, is amended by striking subsection (3) and inserting in its place a new subsection to read as follows:
'(3) The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property:
(a) Subject to a statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specifies a place of filing different from that specified in this article for filing of the security interest; or (b) Required to have a certificate of title under Chapter 3 of Title 40, as now or hereaf ter amended, or subject to Code Section 40-3-50 but during any period in which collat eral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this article (Part 4) apply to a security interest in that collateral created by him or her as debtor; or
(c) ouujcct Lu Cuuc oeuLiun 44-14-30, lelating tu LKc iegisli ty ui uiuiLgctg^a un piupcitjr ul i aili uailo mill uLlibi utilities, as nuw ui licicalLci' eiiiicjiucu, uuL llie llluig piuVlaiuiib ul tluo cil Li^lc alicill CL^i^jLy \AJ ft oeuuilLy iiiLdCot ulKtlLcu \jy all ugi'cdlldil wllldl UCU!D
Ulll^ WlLll Lllti ^C1 SVJllcxl ^JL U^JCI L^ ic Alyl Ulllllg llALlllCB/ Ol LllC CllLlLlCS ll^SUl lUCU 111 Bllu

(itXc) Subject to a certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection (2) of Code Section 11-9-103).'"
By renumbering Sections 3 and 4 as Sections 4 and 5, respectively.
On the adoption of the amendment, the yeas were 35, nays 0, and the Ray 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

Broun of 46th Brown of 26th Brush Burton

Cagle Cheeks Clay Crotts

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JOURNAL OF THE SENATE

Dean Fort Glanton Gochenour Griffin Guhl Harbison 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 Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Tysinger

Those not voting were Senators:

Bowen Egan Gillis (presiding)

Hooks (excused) Johnson of 2nd Perdue (excused)

Turner Walker (excused)

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

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.
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 March 4, 1997

The Honorable Bobby E. Parham, Chairman House Motor Vehicles Committee State Capitol, Room 218 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 487 (LC 18 8047 EC)

Dear Chairman Parham:
This bill would implement legislative recommendations by KPMG Peat Marwick designed to improve the efficiency of Georgia's motor vehicle tag and title operations. The legislative provisions would authorize the Commissioner of the Department of Revenue to adopt a decentralized strategy for tag and title functions. The bill would delegate custodial respon sibility for receiving, processing, issuing and storing tag and title registrations to county tag agents (county tax collectors and commissioners). The bill would further allow the Commissioner to enter into agreements with private parties for the purpose of promoting the sale of commemorative license plates provided that the General Assembly has enacted laws authorizing the creation of such license plates. Further, the bill makes permanent

TUESDAY MARCH 25, 1997

1731

valid registrations and license plates currently on government vehicles and provides a pro vision for the destruction of these plates upon the cessation of either government owner ship or use of the vehicle. Finally, the bill provides that the commissioner may authorize the use of digital signatures and electronic transfers in certain department applications.

In the KPMG Peat Marwick report, it is acknowledged that the computer systems cur rently in place at the Department of Revenue are inadequate to meet the needs of the Motor Vehicle Division. To decentralize tag and title functions, the division would need to secure an integrated computer system which would allow data to be entered one time at the county level, allow real-time updates to the state central data base and allow all users to have on-line access to the data base. The report further states that technologically ad vanced package systems that would meet the needs of the division are currently available. The cost for this type of package is estimated to be between $15 to $20 million with a 24 month implementation time frame. Maintenance costs are estimated to be approximately $1 million per year.

According to the KPMG report, the net fiscal impact of the purchase of the computer sys tem would be a savings to the division. However, additional appropriations would be needed in years one and two to fund the purchase of the computer system. Savings would start to accrue in the third year of the project provided that implementation has been com pleted. The net savings are outlined in the following chart:

Cumulative

Fiscal Year 1999

2000

2001

2002

Total

Expenditures $6,700,000 $13,300,000 $1,000,000 $1,000,000 $22,000,000

Savings

$6,750,000 $13,500,000 $13,500,000 $33,750,000

Net

$(6,700,000) $(6,550,000) $12,500,000 $12,500,000 $11,750,000

Source: KPMG Blueprint for Modernization, Final Report, February 18, 1997

The projected savings assumes that all 159 counties will participate in the on-line com puter system. If the division has to make special programs available to counties who choose not to participate in the on-line program, there would be a reduction in the projected savings.
This bill provides that the General Assembly may authorize new commemorative license plates. Upon such authorization, the commissioner may enter into agreements with pri vate parties to promote the sale of such commemorative plates. This bill would allow an apportionment of the $25 manufacturing costs of the new commemorative plates between the state, the vendor and the sponsoring organization. Since it is impossible to predict the number of license plates which would be purchased, the potential fiscal impact of this pro vision remains uncertain.
The bill provides that all government vehicles would be issued permanent tags which need not be renewed and would stay with the vehicle until it is disposed of by the state or local government. This would reduce administrative and other costs currently necessary for the renewal of license plates for government vehicles. The KPMG report estimates savings of approximately $200,000 every five years.
The use of electronic transfers and digital signatures would also reflect administrative cost savings for the division. However, as it is impossible to anticipate the usage of this form of communication by the division, the counties and other users, such as dealers, sellers, or lien holders, the cost savings cannot be predicted.

Sincerely,

/s/ Claude L. Vickers State Auditor
/s/ Tim Burgess, Director Office of Planning and Budget

The Senate Public Safety Committee offered the following substitute to HB 487:

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JOURNAL OF THE SENATE

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 authorize the state revenue commissioner to promul gate certain rules and regulations; to authorize the state revenue commissioner to enter into certain agreements; to change provisions regarding the issuance of license plates for government vehicles; to amend various provisions so as to permit the state revenue com missioner's authorized county tag agent to receive and retain certain documents relating to notices of security interests and applications and registrations for license plates and certifi cates of title; to authorize the use of digital signatures under certain circumstances; to authorize certain transactions relating to liens to be made by electronic means; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety subsection (a) of Code Section 40-2-23, relating to county tax collectors and tax commissioners as designated tag agents, and inserting in its place a new subsection (a) to read as follows:
"(a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commis sioner shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. The commissioner is authorized to promul gate rules and regulations for the purpose of delegating to such tag agents the custodial responsibility for properly receiving, processing, issuing, and storing motor vehicle titles or registrations, or both."
SECTION 2.
Said title is further amended by adding immediately following Code Section 40-2-32 a new Code section 40-2-32.1 to read as follows:
"40-2-32.1.
(a) In the event the General Assembly enacts any law approving the sale of commemora tive license plates recognizing Georgia organizations or institutions, including educa tional institutions, civic associations, and social organizations, the commissioner shall approve the form of any such license plates and shall be authorized to enter into any agreements with private parties for the purpose of promoting the sale of any such license plates.
(b) Beginning in calendar year 1998, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon com plying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of not more than $25.00 in addition to the regular motor vehicle registration fee shall be issued a commemorative license plate pur suant to the enactment of a law by the General Assembly and approval by the commis sioner in accordance with subsection (a) of this Code section. Revalidation decals, 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, shall be issued for any such commemorative license plates in the same manner as provided for general issue license plates.
(c) Any such agreements for the purpose of promoting the sale of commemorative license plates may authorize the manufacturing fee to be apportioned, as determined by the commissioner, between the organization commemorated by the license plates, the vendor administering the sale and promotion of the license plates, and the State of Georgia."

TUESDAY MARCH 25, 1997

1733

SECTION 3.
Said title is further amended by striking in its entirety Code Section 40-2-37, relating to registration and licensing of vehicles of state and political subdivisions, and inserting in its place a new code Section 40-3-37 to read as follows:
"40-2-37.
(a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory po lice functions to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective depart ments and agencies of the state, municipality, or political subdivision to which such vehi cles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing with the Department of Revenue of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be leplaced a I such Lime an
Otlit:!" liCc-llcit;jjlcitcS Issued IOiL pi'lVSlt; VeillCI&S3X6 ICI^LIII eu tu DE i cjjl3.CeQ pGI*IT13RGnt
except as otherwise provided in subsection (d) of this Code section.
(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the Department of Revenue shall provide for flve-yeai permanent registration and issuance of permanent regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles. Such license plates may be Uan&feiieJ as piuvided for in subbeitiuii (d) uf this Code seclioii. Such frre= year license plates shall be issued at the beginning of a flve-yeai license period as foi piivate vehicles 01 shall be issued at the time the vehicle is purchased by the state, ami
till SlLull llCcilst; |jl<itcB oiliill CA^JIIc cit Lllc ri<xllitLlillt a&icglilixi license ^jlcltcn.
(c) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHORITY,' or 'BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that vehicles owned by the state shall not be required to bear such county identification strip.
(d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdi vision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and eilliei dt;stiuyed by budi agency ui returned to the commissioner for destruction. If a license plate lias been desUuyed by the agency, certification uf such desUucLion shall be piuvided by
the cigt:iiC_y lu Lilt; uuiiiiiiisaiunt;! upun it iuim piepmeu miu luiuislicil lui suuli pui^iuoc \jy
tlic \;uiiilllls&lunt;i. Ill Llic event ul ci tlctimlci' ul <n vclnule Lu a ilc^jll LllicuL Ul ageing, vji
UL cuidi Llicicuij ullici Lliciii LIic o^jcuillu uiic tu wludi fiuuli vclndc IB icgibLcicil, tljc uuiii-
1111QQ1U11UI aiitlli uc iiutlljdl in wilting u^ tlic ut;pli tiiicuL ul cigdil^ liuili wlnijii tlic oaiiic

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is being trausfeiiud upua a fuim piepaied and furnished fui such purposes by Lhe cummiijfeioiiei. Such tiansfei shall be recuided un Ihe legislation lists maintained by llus Derailment of Revenue. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivi sion to which any such lost plate is registered.
(e) No person, firm, or corporation owning or operating any such vehicle shall display upon the motor vehicle any license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision of this state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor.
(f) This Code section shall apply to all vehicle license plates issued for governmental vehicles uii and aftei Jaimaiy 1, 1990. Any valid registration and license plate issued for a governmental vehicle prior to January 1, 1998, under former provisions of this Code section shall be deemed to be permanent on and after January 1, 1998, except as other wise provided in subsection (d) of this Code section."
SECTION 4.
Said title is further amended by striking in its entirety subsection (a) of Code Section 40-2130, relating to records of certificates of registration, and inserting in its place a new sub section (a) to read as follows:
"(a) The cuiimiibbiuriei shall maintain a A record of aH certificates of registration shall be maintained by the commissioner or the commissioner's duly authorized county tag agent. All certificates of registration shall be issued:
(1) Under a distinctive tag registration number assigned to the vehicle;
(2) Under the identifying number of the vehicle;
(3) Alphabetically, under the name of the owner;
(4) Under the vehicle title number; and
(5) In the discretion of the commissioner, in any other method he the commissioner determines."
SECTION 5.
Said title is further amended by striking in its entirety subsection (a) of Code Section 40-33, relating to the powers and duties of the commissioner, and inserting in its place a new subsection (a) to read as follows:
"(a) The commissioner is responsible for the administration of this chapter and may em ploy such clerical assistants and agents as may be necessary from time to time to enable him the commissioner speedily, completely, and efficiently to perform the duties conferred on nim the commissioner in this chapter. The commissioner shall be authorized to delegate any administrative responsibility for retention of applications, certificates of ti tle, notices of security interest, and any other forms or documents relating to the applica tion and registration process to the appropriate authorized tag agent for the county in which the application is made or the registration is issued."
SECTION 6.
Said title is further amended by striking in its entirety Code Section 40-3-21, relating to application for first certificate of title, and inserting in its place a new Code Section 40-3-21 to read as follows:
"40-3-21.
(a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to the commissioner or the commissioner's duly authorized county tag

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1735

agent on the prescribed form. Except as provided in subsection (b) of this Code section, the application must be submitted to the commissioner or the appropriate authorized county tag agent by the owner of the vehicle within 90 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this state. If the owner does not submit the application within that time, the owner of the vehicle shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title appli cation are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 pen alty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner or the authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted, if the documents have not been resubmitted as required under this subsection. Such application shall contain:
(1) The name, residence, and mailing address of the owner;
(2) A description of the vehicle, including, so far as the following data exist: its make, model, identifying number, type of body, the number of cylinders, and whether new, used, or a demonstrator and, for a manufactured home, the manufacturer's statement or certificate of origin and the full serial number for all manufactured homes sold in this state on or after July 1, 1994;
(3) The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vehicle was acquired and the names and addresses of the holders of all security inter ests and liens in order of their priority; and
(4) Any further information the commissioner reasonably requires to identify the vehi cle and to enable the commissioner or the authorized county tag agent to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle and liens on the vehicle.
(b)(l) As used in this subsection, the term 'digital signature' means a digital or elec tronic 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 digital or electronic signature is invalidated.
(2) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digi tal signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regula tions promulgated by the commissioner. The dealer shall promptly mail or deliver the application to the commissioner or the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides so as to have the application submitted to the commissioner or such authorized county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submit ted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the documents submitted in support of the title applica tion are rejected, the dealer submitting the documents shall have 60 days from the

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date of initial rejection to resubmit the documents required by the commissioner or authorized county tag agent for the issuance of a certificate of title. Should the docvT ments not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certifi cate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles.
(c)(l) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by:
(A) Any certificate of title issued by the other state or country; and
(B) Any other information and documents the commissioner or authorized tag agent reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it and liens against it.
(2) If the application refers to a vehicle last previously registered in another state and if the applicant is the last previously registered owner in such state, the application need not contain the name and address of the person from whom the vehicle was acquired."
SECTION 7.
Said title is further amended by striking in its entirety subsection (a) of Code Section 40-322, relating to examination of records, and inserting in its place a new subsection (a) to read as follows:
"(a) The commissioner or the commissioner's duly authorized county tag agent, upon re ceiving application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be main tained by Code Section 40-3-23 and against the record of stolen and converted vehicles required to be maintained by Code Section 40-3-5."
SECTION 8.
Said title is further amended by striking in its entirety Code Section 40-3-23, relating to issuance of certificate of title and maintenance and inspection of records, and inserting in its place a new Code Section 40-3-23 to read as follows:
"40-3-23.
(a) The commissioner or the commissioner's duly authorized county tag agent shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certifi cate of title of the vehicle.
(b) The commissioner or the commissioner's duly authorized county tag agent shall main tain a record of all certificates of title issued:
(1) Under a distinctive title number assigned to the vehicle;
(2) Under the identifying number of the vehicle;
(3) Alphabetically, under the name of the owner
(4) Under the vehicle tag registration number; and
(5) In the discretion of the commissioner, in any other method he the commissioner determines.
(c) The commissioner or the commissioner's duly authorized county tag agent is author ized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as he the commissioner or the commissioner's duly au thorized county tag agent may deem expedient. The photographic or photostatic copies authorized in this subsection shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted.

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(d) The motor vehicle records which the commissioner or the commissioner's duly author ized county tag agent is required to maintain under this Code section or any other provi sion are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by the following:
(1) Any law enforcement officer for official law enforcement investigations as certified by the commanding officer of the law enforcement agency making such request;
(2) The owner of the vehicle. When the title or registration records of the Motor Vehi cle Division of the Department of Revenue have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;
(3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.;
(4) Any individual or an authorized agent or representative of such individual involved in a motor vehicle accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian;
(5) Any licensed dealer of new or used motor vehicles;
(6) Any person for the purposes of a manufacturer's recall; and
(7) Any tax collector, tax receiver, or tax commissioner.
(e) The Commissioner may, if necessary, promulgate reasonable rules and regulations outlining additional circumstances under which such records shall be open for public inspection."
SECTION 9.
Said title is further amended by striking in its entirety Code Section 40-3-24, relating to contents of certificate of title, and inserting in its place a new Code Section 40-3-24 to read as follows:
"40-3-24.
(a) Each certificate of title issued by the commissioner or the commissioner's duly author ized county tag agent shall contain:
(1) The date issued;
(2) The name and address of the owner;
(3) The names and addresses of the holders of any security interest and of any lien as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;
(4) The title number assigned to the vehicle;
(5) A description of the vehicle including, so far as the following data exist: its make, model, identifying number, type of body, number of cylinders, whether new, used, or a demonstrator and, if a new vehicle or a demonstrator, the date of the first sale of the vehicle for use; and
(6) Any other data the commissioner prescribes.
(b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee or naming of a security interest holder and of a lienholder and the assignment or release of the security interest and lien.
(c) A certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent is prima-facie evidence of the facts appearing on it.
(d) A certificate of title for a vehicle is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle."

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SECTION 10.
Said title is further amended by striking in its entirety Code Section 40-3-25, relating to entry of odometer reading on certificate of title upon sale or transfer of vehicle, and in serting in its place a new Code Section 40-3-25 to read as follows:
"40-3-25.
In addition to the information required by Code Section 40-3-24, each certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer of such motor vehicle at the time of its sale or transfer. When a demonstrator or a new motor vehicle is sold by a dealer, it shall be the duty of the dealer to insert on the application for the certificate of title and on the manufacturer's statement of origin where assigned to the first retail purchaser the mileage of such motor vehicle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells or trans fers such motor vehicle, he such owner shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time he such owner executes the assignment and warranty of title. When a new certificate of title is issued for a previ ously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certificate of title. When a replacement certificate of title is issued to the owner of a lost, stolen, mutilated, or destroyed certificate of title, the mile age as shown on the odometer on the day application is made for the replacement certifi cate of title shall be shown on the replacement certificate of title. Notwithstanding any other provision of this Code section, the odometer reading of any motor vehicle which is more than ten model years old shall not be required to be recorded on the certificate of title for such vehicle. However, vehicles having a gross vehicle weight rating of more than 16,000 pounds shall be exempt from the requirement of disclosure of the odometer mileage on certificates of title. The commissioner is authorized and directed to provide by regulation for the implementation of this Code section."
SECTION 11.
Said title is further amended by striking in its entirety Code Section 40-3-26, relating to delivery of certificates and notices to holders of security interests and liens, and inserting in its place a new Code Section 40-3-26 to read as follows:
"40-3-26.
(a)(l) The certificate of title shall be mailed or delivered to the holder of the first securityTnterest or lien named in it. In the event there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to the owner.
(2) The commissioner may enter into agreements with any such security interest Holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien sHall remain on the official records of the Motor Vehicle Division of the Department of Revenue until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38.
(b) If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other lien or security interest holders that he such person has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien.

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1739

(c) The security interest holder or lienholder may retain custody of the certificate of title until fais-such security interest holder's or lienholder's claim has been satisfied. The se curity interest holder or lienholder having custody of a certificate of title must deliver the certificate of title to the next lienholder or security interest holder within ten days after his such custodial security interest holder's or lienholder's lien or security interest has been satisfied and, if there is no other security interest holder or lienholder, he such custodial security interest holder or lienholder must deliver the certificate of title to the owner.
(d) If a lien or security interest has been electronically recorded, the release of such lien or security interest will require the lienholder to notify the commissioner and the owner of the vehicle, on a form prescribed by the commissioner, or by electronic means approved by the commissioner, of the release of the lien or security interest. Such notice will in form the owner that such owner may request a title free of lien, upon verification of such owner's current mailing address, from the commissioner as provided in Code Section 40-
SECTION 12.
Said title is further amended by striking in its entirety Code Section 40-3-27, relating to general procedure for reflecting a subsequent transaction or certificate, and inserting in its place a new Code Section 40-3-27 to read as follows:
"40-3-27.
(a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certif icate of title desires to have that transaction reflected on the certificate of title, he such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction he such se curity interest holder or lienholder desires to be reflected on the certificate of title. The notice, a fee of $5.00, and the title application shall be mailed by registered or certified mail, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having cus tody of the certificate of title directing him such security interest holder or lienholder within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner or the commissioner's duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the author ized county tag agent, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on his such commissioner's or authorized county tag agent's records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return registered or certified mail receipt as proof of his such person's compliance with this Code section.
(b) In the event the first security interest holder or lienholder holding the certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner's duly authorized county tag agent, as required by this Code section, the person desiring the change may, on a form prescribed by the commissioner, make direct application to the commissioner or the au thorized county tag agent. Such direct application to the commissioner or the authorized^ county tag agent shall Tiave attached to it the return registered or certified mail receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner or the authorized county tag agent shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to him

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the commissioner or the authorized county tag agent for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the commissioner or the authorized county tag agent and the order of the commissioner or authorized county tag agent, the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as pro vided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter.
(c) As an alternative to mailing notices of transactions concerning a security interest or lien on the certificate of title to the commissioner or the commissioner's appropriate au thorized county tag agent in accordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner.
(e)(d) Any first security interest holder or lienholder having possession of a certificate of title~shall not have the validity of his such first security interest holder's or lienholder's security interest or lien affected by surrendering the certificate of title as provided by this Code section."
SECTION 13.
Said title is further amended by striking in its entirety Code Section 40-3-28, relating to registration of vehicle where commissioner not satisfied as to ownership of vehicle, and inserting in its place a new Code Section 40-3-28 to read as follows:
"40-3-28.
If the commissioner or the commissioner's duly authorized county tag agent is not satis fied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the commissioner or authorized county tag agent may register the vehicle, but shall either: (1) withhold issuance of a certificate of title until the applicant presents docu ments reasonably sufficient to satisfy the commissioner or authorized county tag agent as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or (2) as a condition of issuing a certificate of title, require the applicant to file with the commissioner or authorized county tag agent a bond in the form prescribed by the commissioner and executed by the applicant and by a bonding, surety, or insur ance company licensed to do business in Georgia. The bond shall be in an amount equal to the value of the vehicle as determined by the commissioner or authorized county tag agent and payable to the commissioner or authorized county tag agent for the benefit of any prior owner, lienholder, or security interest holder, and any subsequent purchaser of the vehicle or person acquiring any security interest or lien on it, and their respective successors in interest, against any expense, loss, or damage, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vehicle. The commissioner or authorized county tag agent shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire at the end of four years unless the commissioner or authorized county tag agent has been notified of a breach of a condition of the boner"
SECTION 14.
Said title is further amended by striking in its entirety subsection (a) of Code Section 40-329, relating to refusing a certificate of title, and inserting in its place a new subsection (a) to read as follows:

TUESDAY MARCH 25, 1997

1741

"(a) The commissioner or the commissioner's duly authorized county tag agent shall re fuse issuance of a certificate of title only if any required fee is not paid or if he the com missioner or the commissioner's duly authorized county tag agent has reasonable grounds to believe that:
(1) The applicant is not the owner of the vehicle;
(2) The application contains a false or fraudulent statement;
(3) The applicant fails to furnish required information or documents or any additional information the commissioner or authorized county tag agent reasonably requires; or
(4) The registration of the vehicle stands suspended or revoked for any reason as pro vided in the motor vehicle laws of this state."
SECTION 15.
Said title is further amended by striking in its entirety Code Section 40-3-31, relating to lost, stolen, mutilated, or destroyed certificates, and inserting in its place a new Code Sec tion 40-3-31 to read as follows:
"40-3-31.
If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the owner or the legal representative of the owner named in the certificate, as shown by the records of the commissioner or the commissioner's duly authorized county tag agent, shall promptly make application for and may obtain a replacement, upon furnishing information satisfactory to the commissioner or authorized county tag agent. The replace ment shall be issued on the following terms and conditions:
(1) If the replacement title is issued to the owner named in the lost, stolen, mutilated, or destroyed certificate, as shown by the records of the commissioner or authorized county tag agent, the replacement certificate of title shall contain the legend:
'This is a replacement certificate and may be subject to the rights of a person under the original certificate.';
(2) When the vehicle for which a replacement certificate of title has been issued is transferred to a new owner, the certificate of title issued to the transferee shall con tinue to contain the legend:
'This is a replacement certificate and may be subject to the rights of a person under the original certificate.'
After a replacement certificate has been issued and the records of the commissioner or authorized county tag agent show that the owner has held record title continuously for a period of not less than six calendar months and the record title of the owner has not been challenged, the commissioner or authorized county tag agent may, upon proper application, issue a replacement title, which shall simply contain the legend 'Replace ment Title';
(3) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the commissioner or author ized county tag agent. Where the owner named in a replacement certificate of title, or a transferee, recovers the original certificate he such owner or transferee may surren der the original certificate together with the replacement title and if he such owner or transferee is otherwise entitled to a certificate the commissioner or authorized county tag agent" may issue him such owner or transferee a new certificate of title with no legend thereon; and
(4) If two or more innocent persons are the victims of the fraud or mistake of another and none of the victims could have reasonably taken steps to detect or prevent the fraud or mistake, the victim who first acquired an interest in a vehicle through any certificate of title shall have his such victim's interest protected."

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SECTION 16.
Said title is further amended by striking in its entirety Code Section 40-3-31.1, relating to replacement certificates of title for mobile homes, and inserting in its place a new Code Section 40-3-31.1 to read as follows:
"40-3-31.1.
The commissioner or the commissioner's duly authorized county tag agent shall issue a new certificate of title to replace any certificate of title for a mobile home which was retired pursuant to the former provisions of Code Section 40-3-4, authorizing the retire ment of the certificate of title for a mobile home which was declared real property by the tax commissioner or tax collector of the county in which such mobile home is located. Any lienholder or security interest holder with an interest in such mobile home may make application to the commissioner or authorized county tag agent to have such inter est recorded on the new certificate of title, and such lien or security interest shall relate back to the original date of creation without any lapse due to the retirement of such certificate of title."
SECTION 17.
Said title is further amended by striking in its entirety subsection (e) of Code Section 40-332, relating to transfer of vehicle generally, and inserting in its place a new subsection (e) to read as follows:
"(e) The commissioner shall promulgate procedures and provide forms whereby a pro spective purchaser may, if he such prospective purchaser desires, have the commis sioner's or the commissioner's duly authorized county tag agent's records searched for undisclosed certificates of title and security interests."
SECTION 18.
Said title is further amended by striking in its entirety subsection (c) of Code Section 40-334, relating to transfer of vehicle by operation of law, and inserting in its place a new subsection (c) to read as follows:
"(c) A person holding a certificate of title whose interest in the vehicle has been extin guished or transferred other than by voluntary transfer shall mail or deliver the certifi cate to the commissioner or the commissioner's duly authorized county tag agent upon request of the commissioner or authorized county tag agent. The delivery of the certificate pursuant to the request of the commissioner or authorized tag agent does not affect the rights of the person surrendering the certificate; and the action of the commissioner or authorized tag agent in issuing a new certificate of title as provided in this article is not conclusive upon the rights of an owner or lienholder named in the old certificate."
SECTION 19.
Said title is further amended by striking in its entirety Code Section 40-3-35, relating to when commissioner to issue new certificate to transferee and filing and retention of surren dered certificates, and inserting in its place a new Code Section 40-3-35 to read as follows:
"40-3-35.
(a) The commissioner or the commissioner's duly authorized county tag agent, upon re ceipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certifi cate of title in the name of the transferee as owner and mail the certificate to the first lienholder named in the application or, if none, to the owner.
(b) The commissioner or the commissioner's duly authorized county tag agent, upon re ceipt of an application for a new certificate of title by a transferee other than by volun tary transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as

TUESDAY MARCH 25, 1997

1743

owner. If the outstanding certificate of title is not delivered to him the commissioner or the authorized county tag agent, the commissioner or authorized county tag agent shall make demand therefor from the holder thereof.
(c) The commissioner or the commissioner's duly authorized county tag agent shall file and retain for five years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated therein."
SECTION 20.
Said title is further amended by striking in its entirety Code Section 40-3-51, relating to creation of security interest by owner, and inserting in its place a new Code Section 40-3-51 to read as follows:
"40-3-51.
If the owner creates a security interest in a vehicle:
(1) The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, nam ing the holder of the security interest on the certificate and showing the name and address of the security interest holder, and shall cause the certificate, the application, and the required fee to be delivered to the security interest holder;
(2) The security interest holder shall immediately cause the certificate of title and ap plication and the required fee to be mailed or delivered to the commissioner or his the commissioner's appropriate authorized county tag agent within 90 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security inter est holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title appli cation are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner or the authorized county tag agent for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty as sessed, and the owner of the vehicle shall be required to remove immediately the li cense plate of the vehicle and return same to the commissioner or authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this paragraph; and
(3) Upon receipt of the certificate of title, the application, and the required fee, the commissioner or the commissioner's duly authorized county tag agent shall issue a new certificate containing the name and address of the holder of the security interest and of holders of previous unreleased security interests and liens, if any, and shall mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with subsection (b) of Code Section 40-3-26 in regard to notifying other holders of the content of the certificate."
SECTION 21.
Said title is further amended by striking in its entirety Code Section 40-3-52, relating to perfection of second or subsequent security interests, and inserting in its place a new Code Section 40-3-52 to read as follows:
"40-3-52.
(a) If the owner of a motor vehicle desires to place a second or subsequent security inter est against the vehicle and the certificate of title on that vehicle is being held by a secur ity interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute a title application and a notice of the second or subsequent secur ity interest; and the holder of the second or subsequent security interest shall forward such notice and title application, together with a $5.00 filing fee, by registered or certified

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mail, return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such second or subsequent security inter est shall contain on its face instructions to the security interest holder or lienholder hav ing custody of the certificate of title directing him such custodial security interest holder or lienholder within ten days to forward the notice, title application, and fee, together with the certificate of title, to the commissioner or the commissioner's duly authorized county tag agent in order that the commissioneFor authorized county tag agent may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certifi cate of title shall comply with the instructions contained in the notice. The commissioner or authorized county tag agent, upon receipt of a properly executed application notice, the fee, and the original certificate of title, shall enter the subsequent security interest on his such commissioner's or authorized county tag agent's records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter.
(b) If the holder of the second or subsequent security interest forwards by registered or certified mail the title application, notice of the second or subsequent security interest, and fee to the first security interest holder or lienholder who has custody of the certificate of title within ten days of the execution of that second or subsequent security interest, it shall be perfected as of the date it was executed; otherwise, as of the date the notice was forwarded to the first security interest holder or lienholder holding the certificate of title. The second or subsequent security interest holder shall retain the return registered or certified mail receipt as proof of perfection of his security interest under this Code section.
(c) In the event the first security interest holder or lienholder holding the certificate of the title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner or the commissioner's duly authorized county tag agent as required by this Code section, the holder of the second or subsequent security interest may, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commis sioner or authorized county tag agent shall have attached to it the return registered or certified mail receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct applica tion, the commissioner or authorized county tag agent shall order the first security inter est holder or lienholder having custody of the certificate of title to forward the certificate of title to frrm the commissioner or the authorized county tag agent for the purpose of having the second or subsequent security interest entered and a new certificate of title issued. If after a direct application of the commissioner or authorized county tag agent and the order of the commissioner or authorized county tag agent the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the second or subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter.
(d) As an alternative to mailing notices concerning a second or subsequent security inter est to the commissioner or the commissioner's duly authorized county tag agent in ac cordance with this Code section, the commissioner shall be authorized to permit the transaction to be made by electronic means in accordance with regulations promulgated by the commissioner.
ftiXe) No first security interest holder or lienholder having possession of the certificate of titRTshall have the validity of his that security interest or lien affected by surrendering the certificate of title as provided for by this Code section."

TUESDAY MARCH 25, 1997

1745

SECTION 22.
Said title is further amended by striking in its entirety Code Section 40-3-53, relating to perfection and enforcement of liens generally, and inserting in its place a new Code Section 40-3-53 to read as follows:
"40-3-53.
(a) If the holder of any lien as denned in paragraph (7) of Code Section 40-3-2 (excepting the holder of a mechanic's lien, perfection of which is prescribed in Code Section 40-3-54) desires to perfect such lien against a vehicle, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed and shall forward such notice and title application, together with a $5.00 fee, either personally or by registered or certified mail, return receipt requested, to the person who has custody of the current certificate of title at the address shown on the certificate of title. If someone other than the owner is holding the certificate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the registered or certified mail receipt as proof of compliance with this Code section.
(b) After receipt of the notice of lien, as specified in this Code section, neither the owner nor any other person shall take any action affecting the title other than as provided in this Code section. After receipt of the notice of lien, the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten days. If, during the ten-day period following receipt of the notice, the claimed lien is satisfied, the lien claim ant shall, on the form prescribed by the commissioner, notify the owner and the person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien, he such owner or person holding the certificate of title shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given, or if ten days have elapsed without the lien being satisfied, the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the commissioner or the commissioner's duly authorized county tag agent in order that the commissioner or authorized county tag agent may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The owner or the person who has custody of the current certificate of title shall comply with the instructions contained in the notice, and in the event he such owner or person having custody of the current title cannot do so faesuch owner or person having custody of the current title shall notify the lien claimant. The commissioner or authorized county tag agent, upon receipt of a prop erly executed title application, notice, fee, and the current certificate of title, shall enter the lien on his the commissioner's or authorized county tag agent's records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this chapter. The lien shall be perfected at the time the lien notice, application for title, fee, and current certificate of title are received by the com missioner or authorized county tag agent.
(c) In the event that the person who has custody of the current certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and current certificate of title to the commissioner or the commissioner's duly authorized county tag agent as re quired in this Code section, the lien claimant may, if fais such lien claimant's lien has not been satisfied, on a form prescribed by the commissioner, make direct application to the commissioner or authorized county tag agent. Such direct application to the commis sioner or authorized county tag agent shall have attached to it the return registered or certified mail receipt showing the previous mailing of the title application, fee, and notice to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the commissioner or authorized county tag agent shall order the per son who has custody of the current certificate of title to forward the certificate of title to

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him the commissioner or authorized county tag agent for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If, after a direct applica tion to the commissioner or authorized county tag agent, and after the order of the com missioner or authorized county tag agent, the person who has custody of the current certificate of title continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner or authorized county tag agent may can cel the current certificate of title and issue a new certificate of title reflecting all security interests and liens, and this new certificate of title shall be delivered as provided for in this chapter. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is canceled.
(d) No security interest holder or lienholder having custody of the certificate of title shall have the validity of his such security interest holder's or lienholder's security interest or lien affected by surrendering the certificate of title as provided by this Code section. The first security interest holder or lienholder shall have the responsibility to advise a pro spective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the commissioner or the commissioner's duly authorized county tag agent shall cancel the old certificate of title!
(e) A lien perfected under this Code section shall be a lien only against the specific vehicle identified in the application for a new certificate.
(f) A lien on a vehicle for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security iiiteinst interests and liens only by compliance with this Code section. The procedure contained in this chapter shall be the exclusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected."
SECTION 23.
Said title is further amended by striking in its entirety Code Section 40-3-55, relating to assignment of security interests and liens, and inserting in its place a new Code Section 403-55 to read as follows:
"40-3-55.
(a) The holder of any security interest in or lien on a vehicle may assign, absolutely or otherwise, his such holder's security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien, but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the secur ity interest or lien on the certificate of title.
(b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien, upon delivering to the commissioner or the commissioner's duly authorized county tag agent the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verifi cation of the digital signature process, in accordance with regulations promulgated by the commissioner. If the assignment refers to a security interest or lien which is re flected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certifi cate of title issued, by complying with Code Section 40-3-27."

TUESDAY MARCH 25, 1997

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SECTION 24.
Said title is further amended by striking in its entirety Code Section 40-3-56, relating to satisfaction of security interests and liens, and inserting in its place a new Code Section 403-56 to read as follows:
"40-3-56.
(a)(l) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commis sioner prescribes and mail or deliver the release to the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digi tal signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with the regula tions promulgated by the commissioner. For the purposes of the release of a security interest or lien the 'holder' of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release.
(2) If the commissioner has entered into an agreement with such a security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien, at such time as the security interest or lien is released, by secure electronic measures, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or, if tfiere is no other security interest holder or lienholder, to the owner without payment of any fee provided by Code Section 40-3-38.
(b) The owner may then forward the certificate of title, the release, the properly executed title application, and title application fee to the commissioner, or the commissioner's duly authorized county tag agent, and the commissioner or authorized county tag agent shall release the security interest or lien on the certificate or issue a new certificate and mail or deliver the certificate to the owner. If the satisfied security interest or lien is one reflected on the certificate of title but the certificate of title is in the custody of the first security interest holder or lienholder as provided by this chapter, the release may be handled as provided in Code Section 40-3-27, and Code Section 40-3-26 shall otherwise be complied with. In the event that the lienholder or security interest holder is no longer in business, an individual shall not be required to submit a release to secure a new certif icate of title. The owner shall be required to present to the commissioner or authorized county tag agent certification from the appropriate regulatory agency that such lienholder or security interest holder is no longer in business.
(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner or the commis sioner's duly authorized tag agent before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner or the com missioner's duly authorized county tag agent."

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SECTION 25.

This Act shall become effective on July 1, 1997.

SECTION 26.

All laws and parts of laws in conflict with this Act are repealed.
Senators Streat of the 19th, Gillis of the 20th, Marable of the 52nd and others offered the following amendment:

Amend the Senate Public Safety Committee substitute to HB 487 by striking lines 5 through 7 of page 1 and inserting in their place the following: "to enter into certain agree ments; to amend various provisions so as to permit the".
By deleting line 38 of page 2 through line 17 of page 5.
By redesignating Sections 4 through 26 as Sections 3 through 25, respectively.

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:

Abernathy Balfour Bowen Broun of 46th Cagle Crotts Dean Fort Harbison

Henson Huggins James Johnson of 1st Lamutt Land Langford Madden Marable

Price of 28th Price of 56th Ralston Ray Roberts Starr Stokes Streat Thomas of 54th

Those voting in the negative were Senators:

Blitch Boshears Brown of 26th Burton Cheeks Clay Egan

Glanton Guhl Hill Kemp Middleton Oliver Ragan

Those not voting were Senators:

Brush Gillis (presiding) Gochenour

Griffin Hooks (excused) Johnson of 2nd

Scott Tanksley Taylor Thomas of 10th Thompson Turner Tysinger
Perdue (excused) Walker (excused)

On the adoption of the amendment, the yeas were 27, nays 21, and the Streat, et al. amendment to the committee substitute was adopted.

On the adoption of the committee substitute, Senator Gillis of the 20th, who was pre siding, 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

Brown of 26th Brush Burton Cagle Cheeks Crotts

Dean Egan Fort Glanton Gochenour Griffin

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1749

Guhl Harbison Henson Hill 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

Those not voting were Senators:

Clay Gillis (presiding)

Hooks (excused) Perdue (excused)

Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger
Tanksley Walker (excused)

On the adoption of the substitute, the yeas were 50, nays 0, and the committee substi tute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Gochenour Griffin Guhl

Harbison Henson Hill 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:

Abernathy Brush Egan

Gillis (presiding) Hooks (excused)

Perdue (excused) Walker (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.

HB 914. By Representatives Purcell of the 147th, Parham of the 122nd, and Floyd of the 138th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for the establishment by the authority of a program of scholarship

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grants for students who have completed two scholarship years at Georgia Mili tary College.
Senate Sponsor: Senator Hill of the 4th.
The Senate Higher Education Committee offered the following substitute to HB 914:
A BILL
To be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for the establishment by the authority of a program of scholarship grants for stu dents who have completed two scholarship years at Georgia Military College; to define terms; to provide for eligibility and qualifications; to authorize appropriations by the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relat ing to the Georgia Student Finance Authority, is amended by adding at its end a new Subpart 11 to read as follows:
"Subpart 11
20-3-490.
As used in this subpart, the term:
(1) 'Approved school' means any unit of the University System of Georgia which sup ports a Reserve Officers' Training Corps program.
(2) 'Eligible student' means a person who has received from funds appropriated by the General Assembly a two-year Georgia Military College scholarship as provided for in Code Section 20-3-567 and has satisfactorily completed the two-year program for which such scholarship was granted.
20-3-491.
(a) Subject to appropriations by the General Assembly, the authority shall establish a program of two-year scholarship grants for eligible students attending approved schools and participating in a Reserve Officers' Training Corps program while so enrolled. Any person meeting the conditions of this subpart may apply to the authority for a grant. Such application shall be submitted in writing on forms prescribed by the authority for such purpose. The applicant shall furnish such information as may be required by the authority for determination of eligibility for the grant. The authority shall approve grant renewals only upon receipt of the recipient's application therefor and upon a finding that the recipient has successfully completed the work of the preceding school period and presents evidence that he or she is a student in good standing, that he or she remains a citizen of this state, and that he or she remains otherwise qualified to receive such grant under this subpart.
(b) The authority is authorized to prescribe such rules and regulations as may be neces sary or convenient for administration of this program and to establish procedures for determination of eligibility of applicants.
20-3-492.
(a) The funds necessary to provide for the program of scholarship grants provided for in this subpart shall come from funds appropriated by the General Assembly. In the event funds available to the authority are not sufficient to enable the authority to pay on behalf of eligible students the full grant amount otherwise payable under this subpart, grants shall be reduced by the authority on a pro rata basis.

TUESDAY MARCH 25, 1997

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(b) Nothing in this subpart shall be construed to require the General Assembly to appro priate any such funds."

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 Glanton Griffin

Guhl Harbison Henson Hill 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 Tysinger

Those not voting were Senators:

Fort Gillis (presiding) Gochenour

Hooks (excused) Perdue (excused)

Turner Walker(excused)

On the passage of the bill, the yeas were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Cagle of the 49th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 37, nays 0; the motion prevailed and Senator Ralston was excused.
The Calendar was resumed.

HB 322. By Representative Stancil of the 91st:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, so as to require that any county or municipal building permit issued in this state shall have certain information printed thereon relative to the possibility that im provements to the property may subject the property to mechanics' and materialmen's liens.
Senate Sponsor: Senator Broun of the 46th.
The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following substitute to HB 322:

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A BILL
To be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to require that any county or municipal building permit issued in this state shall have certain information printed thereon relative to the possibility that improvements to the property may subject the property to mechanics' and materialmen's liens; to provide for additional information to be included on such permits; to require that a copy of such permit be posted on property being improved for residential purposes; to pro vide that nothing in the laws applicable to documentation by home inspectors shall pre empt a political subdivision from prescribing licensing requirements for home inspectors; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding at the end of Code Section 8-2-26, relating to the enforcement of state minimum standard building codes, a new subsection (e) to read as follows:
"(e)(l) Any county or municipal building permit issued in this state shall have promi nently printed thereon at least one inch apart from any other text on such permit and in type size and boldness equal to or greater than any other type size and boldness on the permit the following:
'The issuance of this permit authorizes improvements of the real property desig nated herein which improvements may subject such property to mechanics' and ma terialmen's liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such property and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a consumer's guide to the lien laws which may be available at building supply home centers.'
(2) Any person who is issued a permit which authorizes improvements to a tract of real property which is being used or will be used for residential purposes shall be required to post a copy of such permit in a conspicuous place in the vicinity of such property where such improvements are being undertaken."
SECTION 2.
Said title is further amended by adding between Code Sections 8-3-331 and 8-3-332 a new Code Section 8-3-331.1 to read as follows:
"8-3-331.1.
Nothing in this article shall preempt a political subdivision from prescribing licensing requirements for home inspectors."
SECTION 3.
This Act shall become effective on January 1, 1998, except that no county or municipality shall be required to implement the requirements of this Act until such time as the county or municipality has consumed all building permit forms on hand as of the effective date of this Act.
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.

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1753

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 Brush Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Griffin Guhl

Harbison Henson Hill 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:

Brown of 26th Egan Gillis (presiding)

Gochenour Hooks (excused)

Perdue (excused) Walker (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.
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.
Senate Sponsor: Senator Johnson of the 1st.
The following Fiscal Note, as required by law, was read by the Secretary:

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DEPARTMENT OF AUDITS AND ACCOUNTS
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 February 19, 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 429 (Substitute) (LC 18 8122S)

Dear Chairman Buck:
This bill would require the commissioner of the Department of Revenue to adopt and main tain a procedural manual for use by county appraisal staff in appraising property subject to ad valorem taxes. The requirement would become effective on July 1, 1997. This bill would have no direct impact on revenues of local governments or of the State. A procedural manual for use by "local appraisers" is already required. Broadening the usergroup to "county property appraisal staff' might act to raise tax digests in some districts and to lower them in others. Overall, the net indirect impact on revenues cannot be judged.
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 Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort

Gochenour Griffin Guhl Harbison 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 Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger

Those not voting were Senators:

Egan Gillis (presiding) Glanton Henson

Hill Hooks (excused) Oliver Perdue (excused)

Stokes Thompson Walker (excused)

On the passage of the bill, the yeas were 45, nays 0.

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1755

The bill, having received the requisite constitutional majority, was passed.

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.
Senate Sponsor: Senator Kemp of the 3rd.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Gochenour Griffin

Guhl Harbison Henson Hill Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver

Price of 28th Price of 56th Ragan Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Brush Egan Gillis (presiding) Glanton

Hooks (excused) Johnson of 1st Perdue (excused)

Ralston Scott Walker

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

HB 558. By Representative Royal of the 164th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create specific standards for public access to certain records in the Office of Treasury and Fiscal Services; to prohibit certain access; to provide for conditions for limited access; to authorize the director of the Office of Treasury and Fiscal Services to invest in certain securities.
Senate Sponsor: Senator Turner of the 8th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Gochenour Griffin

Guhl Harbison Henson Hill 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 Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Turner Tysinger

Those not voting were Senators:

Bowen Broun of 46th Egan Gillis (presiding)

Hooks (excused) Perdue (excused) Roberts

Taylor Thompson Walker (excused)

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

HB 663. By Representatives Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and Skipper of the 137th:
A bill to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for designa tion of state enterprise zones.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following substitute to HB 663:
A BILL
To be entitled an Act to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legisla tive findings and intent; to provide definitions; to provide for municipal and county tax credits and exemptions or abatements for qualified businesses within an enterprise zone; to provide for procedures, conditions, and limitations; to provide for powers, duties, and au thority of the Department of Community Affairs; 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 36 of the Official Code of Georgia, relating to local government, is amended by adding a new Chapter 88 at the end of said title to read as follows:

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"CHAPTER 88
36-88-1.
This chapter shall be known and may be cited as the 'Enterprise Zone Employment Act of 1997.' 36-88-2.
The General Assembly finds and determines that there is a need for revitalization in many areas of Georgia. Revitalization will improve geographic areas within cities and counties which are suffering from disinvestment, underdevelopment, and economic de cline and will encourage private businesses to reinvest and rehabilitate such areas. The General Assembly recognizes that increased employment opportunities for the citizens of Georgia will assist in the implementation of welfare reform. It is the intent of the General Assembly that this chapter be liberally construed to accomplish these purposes. 36-88-3.
As used in this chapter, the term:
(1) 'Ad valorem tax' shall mean property taxes levied for state, county, or municipal operating purposes but does not include property taxes imposed by school districts or property taxes imposed for general obligation debt.
(2) 'Business enterprise' means any business which is engaged primarily in manufac turing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries.
(3) 'Department' means the Department of Community Affairs.
(4) 'Enterprise zone' means the geographic area designated pursuant to Code Section 36-88-5.
(5) 'Full-time job equivalent' means a job or jobs with no predetermined end date, with a regular work week of 30 hours or more, and with the same benefits provided to simi lar employees.
(6) 'Low-income and moderate-income individual' means a person who is currently:
(A) Unemployed or unemployed for three of the six months prior to the date of hire;
(B) Homeless;
(C) A resident of public housing;
(D) Receiving temporary assistance to needy families or who has received temporary assistance to needy families at any time during the 18 months previous to the date of hire;
(E) A participant in the Job Training Partnership Act or who has participated in the Job Training Partnership Act at any time during the 18 months previous to the date of hire;
(F) A participant in a job opportunity where basic skills are required or who has participated in such a job opportunity at any time during the 18 months previous to the date of hire;
(G) Receiving supplemental social security income; or
(H) Receiving food stamps.
(7) 'New job' means employment for an individual created within an enterprise zone by a new, reinvested, or expanded qualified business or service enterprise at the time of the initial staffing of such new, reinvested, or expanded enterprise.
(8) 'Qualified or qualifying business' means an employer that meets the requirements of Code Section 36-88-4 and other applicable requirements of this chapter.

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(9) 'Service enterprise' means an entity which is engaged primarily in finance, insur ance, and real estate activity or activities listed under the Standard Industrial Classifi cation (SIC) Codes 60 through 67 according to the Federal office of Management and Budget Standard Industrial Classification Manual, 1987 edition.
36-88-4.
(a) The following incentives are available to qualifying business and service enterprises to encourage revitalization within enterprise zones:
(1) The enterprise zone property tax exemption provided in Code Section 36-88-8; and
(2) The occupational tax, regulatory fee, and business inspection fee abatement or re duction provided in Code Section 36-88-9.
(b) A qualifying business or service enterprise is an enterprise which increased employ ment by five or more new full-time job equivalents in an area designated as an enterprise zone or which reinvested in the creation of five or more new full-time jobs that did not exist prior to July 1, 1997 and which provides economic stimulus in such zone. The qual ity and quantity of such economic stimulus shall be determined, on a case-by-case basis, by the local governing body or bodies that have designated the enterprise zone after hav ing received the advice of the Department of Community Affairs. Such business or ser vice enterprise may be new, an expansion or reinvestment of an existing business or service enterprise, or a successor to such business or service enterprise. Whenever possi ble, 10 percent of such new employees shall be low-income or moderate-income individuals.
36-88-5.
A local governing body or bodies may designate one or more geographic areas as enter prise zones. In such enterprise zone, local ad valorem taxes, occupation taxes, license fees, and other local fees and taxes, except local sales and use taxes or any combination thereof, may be exempted or reduced from applying to qualified business and service enterprises in accordance with the provisions of this chapter. A joint resolution by a county and one or more municipalities may provide such exemptions for jointly desig nated enterprise zones. Any areas designated as an enterprise zone may be redesignated as an enterprise zone after the expiration of its initial term as an enterprise zone if the area continues to meet the criteria for an enterprise zone contained in this chapter.
36-88-6.
(a) In order to be designated as an enterprise zone, a nominated area shall meet at least three of the four criteria specified in subsections (b), (c), (d), and (e) of this Code section. In determining whether an area suffers from poverty, unemployment, or general dis tress, the governing body shall use data from the most current decennial census and from other information published by the Federal Bureau of the Census, the Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In determining whether an area suffers from underdevelopment, the governing body shall use the data specified in sub section (e) of this Code section. The data shall be comparable in point or period of time and methodology employed.
(b) Pervasive poverty shall be evidenced by showing that poverty is widespread through out the nominated area and shall be established by using the following criteria:
(1) The poverty rate shall be determined from the data in Table P121 contained in Census of Population and Housing, 1990: Summary Tape File 3A, on CD-ROM (Georgia), prepared by the U.S. Bureau of Census (1992);
(2) For each census geographic block group within the nominated area, the ratio of income to poverty level for at least 20 percent of the residents shall be less than 1.0;
(3) In at least 50 percent of the census geographic block groups within the nominated area, the ratio of income to poverty level for at least 30 percent of the residents shall be less than 1.0;

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(4) Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (2) of this subsection but shall be treated as having a zero poverty rate for the purpose of applying paragraph (3) of this subsection; and
(5) All parcels of a nominated area must abut and may not contain a noncontiguous parcel, unless such nonabutting parcel qualifies separately under the criteria set forth under paragraphs (2) and (3) of this subsection.
(c) Unemployment shall be evidenced by the use of data published by the Office of Labor Information Systems of the Georgia Department of Labor indicating that the average rate of unemployment for the nominated area for the preceding calendar year is at least 10 percent higher than the state average unemployment or by evidence of adverse eco nomic conditions brought about by significant job dislocation within the nominated area such as the closing of a manufacturing plant or federal facility.
(d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapi dated structures, deteriorated infrastructure, or substantial population decline.
(e) Underdevelopment shall be evidenced by data indicating development activities, or lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is lower than development activity within the local governing body's jurisdiction.
36-88-7.
(a)(l) Each ordinance adopted by a local government possessing an approved enter prise zone, when applicable, shall provide encouragement and incentives to increase rehabilitation, renovation, restoration, improvement for new construction for housing and the economic viability and profitability of businesses and commerce located within such enterprise zones.
(2) Creation of an enterprise zone shall be consistent with the comprehensive plan or plans of the jurisdiction or jurisdictions designating the enterprise zone which plan or plans are adopted pursuant to Chapter 70 of this title.
(3) Each local government possessing an enterprise zone may review its ordinances to determine which ordinances may have a negative effect upon the rehabilitation, reno vation, restoration, improvement, or new construction of housing, or the economic via bility and profitability of businesses and commerce located within an enterprise zone. Such local government may waive, amend, or otherwise modify such ordinances so as to minimize such adverse effect.
(b) Nothing in this Code section shall authorize any local government to waive, amend, provide exceptions to or otherwise modify or alter any ordinance which is:
(1) Expressly required to implement or enforce any statutory provisions; or
(2) Designed to protect persons against discrimination on the basis of race, color, creed, national origin, sex, age, or handicap.
36-88-8.
(a)(l) The governing body of a local government or governments creating an enterprise zone shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises in accordance with the following schedule:
(A) One hundred percent of the property taxes shall be exempt for the first five years;
(B) Eighty percent of the property taxes shall be exempt for the next two years;
(C) Sixty percent of the property taxes shall be exempt for the next year;

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(D) Forty percent of the property taxes shall be exempt for the next year; and
(E) Twenty percent of the property taxes shall be exempt for the last year.
(2) For any qualifying business or service enterprise, the schedule provided for in para graph (1) of this subsection may begin in any year during which an area has an enter prise zone designation. Such tax exemption may continue even if the area's enterprise zone designation has terminated. A minimum of five new jobs must be maintained for a qualifying business or service enterprise to maintain eligibility for the tax exemption provided pursuant to this Code section.
(b) If the project consists of rehabilitation of an existing structure and the value of the improvement exceeds the value of the land by a ratio of five to one, then the exemption schedule in subsection (a) of this Code Section shall also apply whether or not the project is carried out by a qualifying business or service enterprise.
(c) In no event shall the value of the property tax exemptions granted to qualifying busi ness and service enterprises within an enterprise zone created by a city, a county, or both, exceed 10 percent of the value of the property tax digest of the creating jurisdiction or jurisdictions.
36-88-9.

(a) In addition to other incentives, the local governing body or bodies creating an enter prise zone may include in the creating ordinance an exemption or abatement from occu pation taxes, regulatory fees, building inspection fees, and other fees that would otherwise have been imposed on a qualifying business. Such governing bodies may grant any of these incentives either when the enterprise is initially created or by subsequent resolution making such incentives applicable to an existing enterprise zone.
(b) Local governments shall report designations of enterprise zones to the department, providing sufficient information to identify at a minimum the geographic boundaries of the zones, the specific fees and taxes to be exempted or abated, and the beginning and end dates of the designation period. The time and manner of reporting shall be deter mined by the department.
36-88-10.
An area designated as an enterprise zone shall remain in existence for ten years from the first day of the calendar year immediately following its designation as an enterprise zone. Municipal and county governments may enter into agreements with qualifying business or service enterprises in designated enterprise zones to provide for modification or termination of the tax and fee exemptions and abatements. Property tax incentives available to a qualified business or service enterprise in an enterprise zone shall remain in effect for the full ten-year period established in Code Section 36-88-8, regardless of the termination of the designation of the enterprise zone."

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, was agreed to.
On the 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

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1761

Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour Griffin Guhl Harbison Henson Hill

Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Price of 28th Price of 56th

Ragan Ralston Roberts Scott Starr Stokes Streat Tanksley Thomas of 10th Thompson Turner Tysinger

Voting in the negative were Senators Cagle and Ray.

Those not voting were Senators:

Blitch Bowen Burton Gillis (presiding)

Hooks (excused) Middleton Perdue (excused)

Taylor Thomas of 54th Walker (excused)

On the passage of the bill, the yeas were 44, nays 2.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 712. By Representatives Skipper of the 137th and Polak of the 67th:

A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to provide for judg ments on delinquent penalties or other obligations; to authorize the administra tor to designate the use of certain funds and to establish a consumer preventive education plan.
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 Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gochenour Griffin

Guhl Harbison Henson Hill 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 Thomas of 54th Thomas of 10th Turner Tysinger

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Those not voting were Senators:

Blitch Bowen Fort Gillis (presiding)

Glanton Hooks (excused) Middleton Oliver

Perdue (excused) Taylor Thompson Walker (excused)

On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 172. By Representatives Powell of the 23rd and Skipper of the 137th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotat ed, known as the "Real Estate Appraiser Classification and Regulation Act," so as to change the definition of a certain term; to provide that any instructor ap proved to teach any required education course at an approved school shall pay an original application fee and renewal fee as established by the Georgia Real Estate Appraisers Board.
Senate Sponsor: Senator Henson of the 55th.
The Senate Consumer Affairs Committee offered the following substitute to HB 172:
A BILL
To be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regulation Act," so as to change the definition of a certain term; to provide that any instructor approved to teach any required education course at an approved school shall pay an original application fee and renewal fee as established by the Georgia Real Estate Appraisers Board; to provide that the Georgia Real Estate Appraisers Board is authorized to enter into such contracts as are necessary to carry out its duties; to provide for contracts for investigations; to provide that such board is authorized to retain all funds received as collection fees for use in de fraying the cost of collection of fees required by law; to change the penalties for violations of said chapter; to provide that if an appraiser is in violation of certain provisions of said chapter, such board may revoke any appraiser classification issued to the appraiser and simultaneously issue such appraiser a classification with more restricted authority to con duct appraisals; to change certain penalty provisions; to provide that performing or at tempting to perform any real estate appraisal activity in a federally related transaction without complying with the standards required by the federal financial institutions regula tory agency that regulates the financial transaction for which the appraisal assignment is undertaken shall be a violation of standards of conduct under such chapter; 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 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Classification and Regulation Act," is amended by striking paragraph (14) of Code Section 43-39A-2, relating to definitions applicable to said chapter, and in serting in lieu thereof a new paragraph (14) to read as follows:
"(14) 'Real estate' means an identified parcel ui Uact uf laud, including impiuvements, if any. condominiums and leaseholds as well as any other interest or estate in land, whether corporal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere. Such term also includes any structure or struc tures equipped with the necessary service connections and made so as to be readily movable as a unit or units when such a structure is affixed to land."

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1763

SECTION 2.
Said chapter is further amended by striking subsection (j) of Code Section 43-39A-11, relat ing to fees for examination, activation, and renewal of appraiser classifications, and in serting in lieu thereof a new subsection (j) to read as follows:
"(j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, and any instructor approved to teach any of such courses shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee."
SECTION 3.
Said chapter is further amended by striking Code Section 43-39A-13, relating to the power of the Georgia Real Estate Appraisers Board to regulate the issuance of appraiser classifi cations, and inserting in lieu thereof a new Code Section 43-39A-13 to read as follows:
"43-39A-13.
The board, through its rules and regulations, shall have the full power to regulate the issuance of appraiser classifications, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for appraiser classifications consistent with this chapter, to regulate approved courses, and to establish standards for real estate apprais als. Except for conducting an investigation as provided in this chapter, the board is au thorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the board may enter into contracts to assist it in the conduct of investigations authorized by this chapter only whenever it needs special legal or ap praisal expertise or other extraordinary circumstances exist. Whenever the board con tracts to perform such investigative functions, any such contractor working on an investigation authorized by this chapter shall be under the supervision of the board or a duly authorized representative of the board. Any contractor used by the board shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation nor to make any discretionary decision that the board is authorized by law to make. Notwithstanding any other provision of law, the board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Notwithstanding any other provision of law, the board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter."
SECTION 4.
Said chapter is further amended by striking subsection (a) of Code Section 43-39A-18, re lating to penalties for violations of such chapter, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) In accordance with the hearing procedures established for contested cases by Chap ter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board shall have the power to reprimand appraisers and approved schools; to revoke or suspend any appraiser classification issued under this chapter; to revoke any appraiser classification issued to an appraiser under this chapter and simultaneously to issue such appraiser a classifica tion with more restricted authority to conduct appraisals; to revoke or suspend approval of any school; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate appraisal or instruction; or to utilize any combination of these sanctions which the board may deem appropriate whenever an appraiser classification or a school approval has been obtained by false or fraudulent representation or whenever an appraiser or approved school has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the

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board, or of any standard of conduct, including, but not limited to, the following acts or omissions:
(1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, disabil ity, familial status, or national origin or an intention to make any such preference, limitation, or discrimination;
(2) An act or omission involving dishonesty, fraud, or misrepresentation with the in tent to benefit substantially an appraiser or another person or with the intent to injure substantially another person;
(3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered;
(4) Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in this state;
(5) Paying a finder's fee or a referral fee to a person who is not an appraiser in connec tion with an appraisal of real estate or real property;
(6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
(7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency;
(8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board;
(9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(11) Accepting an independent appraisal assignment when the employment itself is contingent upon the appraiser's reporting a predetermined estimate, analysis, valua tion, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment;
(12) Failure to retain for a period of five years the original or a true copy of each ap praisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The fiveyear period of retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal re port to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation;
(13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board;
(14) Performing any appraisal beyond the scope of authority granted in the appraiser classification held;
(15) Demonstrating incompetency to act as an appraiser in such a manner as to safe guard the interests of the public or any other conduct, whether of the same or a differ ent character than specified in this subsection, which constitutes dishonest dealing;

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(16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws re garding real estate appraisal activity;
(17) Providing an oral appraisal report in a federally related transaction; or
(18) Utilizing the services of any person in other than a ministerial capacity whose appiaised classification is suspended ui invoked in developing an appraisal, in prepar ing an appraisal report, or in communicating an appraisal: if such person's appraiser classification is suspended or revoked or if such person does not hold an appraiser classification;!)?
(19) Performing or attempting to perform any real estate appraisal activity in a feder ally related transaction without complying with the standards required by the federal financial institutions regulatory agency that regulates the financial transaction for which the appraisal assignment is undertaken?*
SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senator Henson of the 55th offered the following amendment:
Amend the Senate Committee on Consumer Affairs substitute to HB 172 by adding on line 4 of page 1 between the semicolon and the word "to" the following:
"to change the provisions relating to requirements for nonresident applicants;".
By adding at the end of line 26 of page 1 the following:
"provide for the deposit of certain funds in the state treasury; to provide for construction; to provide for compliance with certain budgetary laws; to".
By adding between lines 12 and 13 on page 2 the following:
"SECTION 1.1.
Said chapter is further amended by striking paragraph (3) of subsection (c) of Code Section 43-39A-9, relating to requirements for nonresident applicants and temporary permits, and inserting in lieu thereof a new paragraph (3) to read as follows:
'(3) Providing any documentation required by the board of the applicant's classification in any otner state L/ttuomg Llic licensing IjuJ^ ul Llic a^j^jli^cmL & icoiut^iiL al/cilc, ui t^my tJllitu stale in which the applicant may huld an appiaisei classification, tu furnish to the buai J a cei tiflcatiun uf such appiaisei classification and copies of the records of any disciplinary actions taken against the applicant's appraiser classification in that or other states. The imposition of a disciplinary action by any other lawful licensing au thority may be grounds for denial of an appraiser classification to a nonresident or for suspension or revocation of the appraiser classification issued to a nonresident;'".
By striking lines 20 through 23 on page 3 and inserting in lieu thereof the following:
"Any such funds not expended for this purpose in the fiscal year in which they are gener ated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the board to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the board shall comply with all provisions of Part 1 of Article 4of Chapter 12 of Title 45, the'Budget Act,' except Code Section 45-12-92, prior to expending any such funds.'"
On the adoption of the amendment, the yeas were 37, nays 0, and the Henson amend ment to the committee substitute was adopted.

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On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour

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

Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Gillis (presiding)

Hooks (excused) Middleton Perdue (excused)

Taylor Thomas of 54th Walker (excused)

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

HB 173. By Representatives Powell of the 23rd and Skipper of the 137th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission, through its rules and regulations, shall estab lish standards for the approval of schools to offer the education courses required under said chapter.
Senate Sponsor: Senator Henson of the 55th.
The Senate Consumer Affairs Committee offered the following substitute to HB 173:
A BILL
To be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission, through its rules and regulations, shall establish standards for the approval of schools to offer the education courses required under said chapter; to change the provisions relating to nonresident licenses; to repeal a certain provision relating to agreements between a licensed Georgia broker and the licensed broker of another state; to provide that when a licensed broker of another state is acting only as a referral agent and is not involved in real estate brokerage activity, a licensed broker in Georgia may di vide or share a real estate commission with such licensed broker in another state; to pro vide that the Georgia Real Estate Commission is authorized to enter into such contracts as are necessary to carry out its duties; to provide for contracts relating to investigations and examinations of brokers' trust accounts; to provide that such commission is authorized to

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retain all funds received as collection fees for use in defraying the cost of collection of fees required by law; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsection (i) of Code Section 43-40-8, relating to qualifications of licensees, and inserting in lieu thereof a new subsection (i) to read as follows:
"(i) The commission, through its rules and regulations, shall establish standards for the approval of schools to offer the education courses required by this chapter. The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by meth ods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than inclass instruction."
SECTION 2.
Said chapter is further amended by striking subsection (e) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(l) Notwithstanding any other provision of this Code Section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a 'licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such bro-
&er. i lit? lit^ciliscvl vjcui m \jnjt\.ci mill Llic lluciiocil ljl\jK.ei' ul {iliullici SL^LLc inuSL dllci'
ilitu a iscpciicite agicciiiciil lui cav:li liaiioci^liuiji ill wliiuli llic^bcuuiue uivulvcu. Ihe
Georgia broker shall maintain for at least three years after its expiration date a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:
(A) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia;
(B) How the brokers will divide any earned commissions;
(C) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker;
(D) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker;
(E) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker;
(F) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission; that said contract, agreement, or offer shall be construed under Georgia law; and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement or offer;

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(G) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and
(H) Such other matters as the commission may require by rule and regulation.
(2) Notwithstanding any other provision of this Code section, the commission in its discretion may enter into written agreements with similar licensing authorities of other states to permit persons licensed in those states to conduct real estate brokerage business in Georgia without obtaining a license in Georgia, provided that such other states afford the same opportunities to Georgia licensees.
(3) Notwithstanding any other provision of this chapter, when a licensed broker of an other state is acting only as a referral agent which involves only the mere referral of one person to another and such referring broker is not involved in the actual negotia tions, execution of documents, collection of rent, management of property, or any other real estate brokerage activity, a licensed broker in Georgia may divide or share a real estate commission with such licensed broker in another state.
SECTION 3.
Said chapter is further amended by striking Code Section 43-40-14, relating to the power of the Georgia Real Estate Commission to issue, revoke, or suspend licenses and censure licensees, and inserting in lieu thereof a new Code Section 43-40-14 to read as follows:
"43-40-14.
The commission shall have the full power to regulate the issuance of licenses, to revoke or suspend licenses issued under this chapter, and to censure licensees. The commission is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the commission may enter into contracts to assist it in the conduct of investigations and examinations of brokers' trust accounts authorized by this chapter only whenever it needs special legal or accounting expertise or other ex traordinary circumstances exist. Whenever the commission contracts to perform such investigation or examination of trust account functions, any such contractor working on an investigation or examination of a trust account authorized by this chapter shall be under the supervision of the commission or an employee of the commission. Any contrac tor used by the commission shall be knowledgeable in the work area for which such con tractor is retained. A contractor shall not be empowered to determine the disposition of any investigation or examination of a trust account nor to make any discretionary deci sion that the commission is authorized by law to make. Notwithstanding any other pro vision of law, the commission is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter."
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 Henson of the 55th offered the following amendment:
Amend the Senate Committee on Consumer Affairs substitute to HB 173 by adding on line 21 of page 1 between the first semicolon and the word "to" the following:
"to provide for the deposit of certain funds in the state treasury; to provide for construc tion; to provide for compliance with certain budgetary laws;"

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1769

By adding between lines 9 and 10 of page 2 the following:

"SECTION 1.1.

Said chapter is further amended by striking paragraph (5) of subsection (c) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new paragraph (5) to read as follows:
'(5) Provide any documentation required by the commission of the applicant's licensure
in ciny Ob-tlGI* Stflt-G CJilUSt! llit; liCcuSlll^ DOCly Ot tn.6 SppllC&litiS St3tG Ol Ft;siu.t;iiue to
famish tu the cummissiim a certification uf liceusure and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a li cense issued to a nonresident;'"
By adding on line 35 of page 4 between the period and the quotation marks the following:
"Any such funds not expended for this purpose in the fiscal year in which they are gener ated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the commission to retain any funds required by the Constitution to be paid into the state treasury; provided, further, that the commission shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds."
On the adoption of the amendment, the yeas were 38, nays 0, and the Henson amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour

Griffin Guhl Harbison Henson Hill 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Gillis (presiding)

Hooks (excused) Perdue (excused)

Stokes Walker (excused)

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

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HB 834. By Representative Ashe of the 46th:

A bill to amend Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to sales on farm wineries and in special entertainment districts, so as to provide that special entertainment districts may be defined and designated by local governing authorities.
Senate Sponsor: Senator Broun of the 46th.

Senator Henson of the 55th offered the following amendment:
Amend HB 834 by inserting after the word "To" on line 1 of page 1 "amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to authorize cer tain activities; to authorize issuance of certain permits; to".
By inserting between lines 9 and 10 of page 1 the following:
"Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking 'and' at the end of subparagraph (A), adding 'and' at the end of subparagraph (B), and adding at the end of paragraph (2) of Code Section 3-5-36, relating to 'brewpub' exceptions, the following:
'(C) Notwithstanding any other provision of this paragraph, sell up to a maximum of 500 barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers;'

SECTION 1A.

Said title is further amended by striking from Code Section 3-5-38, relating to permits for certain brewery tours, the following:
'and which brews over 100,000 barrels of malt beverages annually'

SECTION IB.".

On the adoption of the amendment, the yeas were 29, nays 9, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Broun of 46th Brown of 26th Clay Crotts Egan Fort Griffin Henson Huggins

Johnson of 2nd Johnson of 1st Lamutt Land Langford Madden Middleton Oliver Price of 56th Ralston

Scott Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those voting in the negative were Senators:

Balfour Blitch Boshears Brush Burton Cagle Cheeks

Dean Glanton Gochenour Guhl Harbison Hill James

Kemp Marable Price of 28th Ray Roberts Starr Streat

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1771

Those not voting were Senators:

Abernathy Gillis (presiding)

Hooks (excused) Perdue (excused)

Ragan Walker (excused)

On the passage of the bill, the yeas were 29, nays 21.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Middleton of the 50th moved that Senator Ralston of the 51st be excused, on the motion, the yeas were 39, nays 1; the motion prevailed, and Senator Ralston was excused.
The Calendar was resumed.

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.
Senate Sponsor: Senator Hill of the 4th.
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 26, 1997

Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Ga 30334

SUBJECT: Fiscal Note House Bill 378 (Substitute) (LC 18 8187S)

Dear Chairman Buck:
This Bill would amend the Georgia Business Expansion Support Act of 1994. Under cur rent law, businesses in any industry in counties designated as Tier 1 prior to January 1, 1994 are eligible for the job tax credit until December 31, 1997. Thereafter, eligibility in all counties designated as Tier 1 will be limited to businesses in manufacturing, warehousing and distribution, processing, tourism, and research and development industries. The Bill would eliminate this restriction and give eligibility to businesses in any industry if located in the first through the fortieth of the 53 least-developed counties designated as Tier 1. The change would become effective on July 1, 1997.
Present law allows eligible businesses in any of the 53 Tier 1 counties to claim an income tax-credit of $2,500 annually for five years for each of at least ten new full-time jobs created and maintained. This revenue loss of $12,500 per job can be partially or totally offset de pending upon the strengths of the links between jobs and sales and between sales and net taxable income. These linkages vary among companies and, more widely, among indus tries. Generally, industries with high value-added per employee and high wages per job, like durable manufacturing, generate enough taxable income by themselves for their taxes to offset their credits. When they don't, the taxes flowing from the additional activity

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caused by the outreach of the expanding businesses to get supplies and services may bal ance the credits. Again, the industries with high productivity tend to involve more invest ment in facilities and equipment, more complementary inputs, and more support services than other industries.
National data on business profitability is available for the 1980-1994 period. Analysis of this data suggests that tax collections generated directly and indirectly by businesses made eligible by the Bill would not be enough to counterbalance their Tier 1 credits for new jobs. Worker compensation, economic outreach, and company profitability in retail trade and in many (but not all) services typically would be too low to allow the State to recoup the cred its which could be claimed. Taxes coming directly and indirectly from new hires in trans portation, financial services, construction, and certain business and health services usually would be compensatory. Yet, these would not be enough to tip the all-industry revenue balance in the State's favor.
By lifting restrictions on eligibility for tax credits for the first through the fortieth of the 53 counties in Tier 1, the Bill would lower the State's net collections from income taxes for Fiscal Years 1998 and beyond.
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 Burton Cagle Cheeks Clay Crotts Dean Egan Fort 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 Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Brush Gillis (presiding)

Hooks (excused) James Perdue (excused)

Ralston (excused) Scott Walker (excused)

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

TUESDAY MARCH 25, 1997

1773

HB 1008. By Representatives Cummings of the 27th, Richardson of the 26th and Murphy of the 18th:

A bill to provide a minimum annual salary for the judge of the juvenile court of the Tallapoosa Judicial Circuit; to provide for increases in such salary; to pro hibit the practice of law by such judge.
Senate Sponsor: Senator Thomas of the 10th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Glanton Gochenour

Griffin Guhl Harbison Henson Hill 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 Turner Tysinger

Those not voting were Senators:

Fort Gillis (presiding)

Hooks (excused) Perdue (excused)

Ralston (excused) Walker (excused)

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

HB 695. By Representatives Twiggs of the 8th, Dobbs of the 92nd and Sherrill of the 62nd:

A bill to amend Chapter 15 of Title 40 of the Official Code of Georgia Annotated, relating to the motorcycle operator safety training program, so as to provide that the commissioner of public safety shall have authority over the administra tion of the motorcycle operator safety training program.
Senate Sponsor: Senator Brush of the 24th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen

Broun of 46th Brown of 26th Brush Burton Cagle

Cheeks Clay Crotts Dean Egan

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Fort Glanton Gochenour Guhl Harbison Henson Hill 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 Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Gillis (presiding) Griffin Hooks (excused)

Huggins Perdue (excused) Ralston (excused)

Taylor Walker (excused)

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and others:
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 definition of the term "criminal offense against a victim who is a minor" to in clude federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions.
The Speaker has appointed on the part of the House, Representatives Lee of the 94th, Randall of the 127th and Skipper on the 137th.
The House insists on its position in substituting the following bill of the Senate:

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 individ uals have the right to be provided with any medical treatment desired or au thorized under certain conditions; to provide immunity from disciplinary ac tions.
The Calendar was resumed.
The President resumed the Chair.

HB 152. By Representative Birdsong of the 123rd:
A bill to amend Part 1 of Article of 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.

TUESDAY MARCH 25, 1997

1775

Senate Sponsor: Senator Egan of the 40th.

The Senate Special Judiciary Committee offered the following amendment:
Amend HB 152 by striking from line 23 of page 1 the following:
"be of general circulation and".
On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort
Gillis

Glanton Gochenour Guhl Harbison Hill 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 Turner Tysinger

Those voting in the negative were Senators:

Griffin

Henson

Thomas of 10th

Those not voting were Senators:

Hooks (excused) Perdue (excused)

Thompson Walker (excused)

On the passage of the bill, the yeas were 49, nays 3. The bill, having received the requisite constitutional majority, was passed as amended.

HR 366. By Representatives Buck of the 135th, Royal of the 164th, Channel! 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.
Senate Sponsor: Senator Tysinger of the 41st.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch

Boshears Broun of 46th Burton

Cagle Cheeks Clay

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Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill 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 Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Bowen Brown of 26th Brush

Hooks (excused) Perdue (excused) Price of 28th

Taylor Walker (excused)

On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Clay of the 37th.

The Senate Judiciary Committee offered the following amendment:
Amend HB 369 by adding on line 4 of page 1 between the semicolon and the word "to" the following:
"to provide that in civil actions for personal injuries the defendant shall be deemed not to have admitted a prima-facie case under certain conditions;"
By striking the word "the" at the end of line 20 of page 1 and the word "injury" from line 21 of page 1 and inserting in lieu thereof the following:
"damages, other than cross-examination of the plaintiff and witnesses called by the plaintiff".
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks

Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Huggins James Johnson of 2nd Johnson of 1st Kemp

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1777

Land Langford Madden Marable Oliver Price of 56th Ragan

Ralston Ray Roberts Scott Stokes Streat

Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Bowen Brown of 26th Hooks (excused) Lamutt

Middleton Perdue (excused) Price of 28th

Starr Taylor Walker (excused)

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

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.
Senator Henson of the 55th moved that the Senate insist on its substitute to HB 71.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 71.
The Calendar was resumed.

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.
Senate Sponsor: Senator Land of the 16th.
Senator Oliver of the 42nd asked unanimous consent that her amendment be withdrawn.
The consent was granted and the amendment was withdrawn.
Senator Oliver of the 42nd offered the following amendment:
Amend HB 347 by striking in its entirety line 6 of page 1 and inserting in lieu thereof the following:
"less of marijuana; to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, so as to reaffirm the jurisdiction of certain probate courts with regard to certain offenses; to amend Code Section 16-13-2 of the".
By inserting following line 17 of page 2 the following:
"SECTION 2.
Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, is amended by striking in its entirety Code Section 15-9-30.6, relating to jurisdiction to try certain drug and alcohol offenses, and inserting in lieu thereof the following:

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'15-9-30.6.
(a) Subject to the provisions of subsection (c) of this Code section, in addition to any other jurisdiction vested in the probate courts, probate courts which have jurisdiction over mis demeanor traffic offenses in accordance with Code Section 40-13-21 shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for the following offenses within the territorial limits of the county for which created:
(1) Possession of one ounce or less of marijuana, in accordance with Code Sections 1613-2 and 16-13-30; and
(2) Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors.
(b) The jurisdiction conferred by subsection (a) of this Code section shall be concurrent with other courts having jurisdiction over such violations.
(c) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.'"
By striking in its entirety line 25 of page 3 and inserting in lieu thereof the following:
"With respect to Sections 2, 3, and 4 of this Act, it is the".
By striking in its entirety line 32 of page 3 and inserting in lieu thereof the following:
"Sections 15-9-30.6 and 36-32-6 are applicable to such offenses."
By renumbering Sections 2, 3, 4, 5, and 6 as Sections 3, 4, 5, 6, and 7, respectively.
Senator Oliver of the 42nd asked unanimous consent that her amendment be withdrawn.
The consent was granted and the amendment was withdrawn.
Senator Oliver of the 42nd offered the following amendment:
Amend HB 347 by striking line 11 of page 1 and inserting in lieu thereof the following:
"shall be a misdemeanor; to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeiture of property in drug cases, so as to provide for exceptions to forfeiture in certain cases; to amend Article 1 of Chapter 32 of.
By inserting after line 36 of page 2 the following:
"SECTION 3.
Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeiture of property in drug cases, is amended by striking subsection (e) of said Code section and in serting in lieu thereof the following:
'(e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder:
(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not con sent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur;
(2) Had not acquired and did not stand to acquire substantial proceeds from the con duct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction;
(3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture;

TUESDAY MARCH 25, 1997

1779

(4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and
(5) Acquired the interest:
(A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) After the completion of the conduct giving rise to its forfeiture:
(i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction;
(ii) Before the filing of a lien on it and before the effective date of a notice of pend ing forfeiture relating to it and without notice of its seizure for forfeiture under this article; and
(iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article.
A property interest shall not be subject to forfeiture under this Code section for a viola tion involving one gram or less of cocaine ui less or a mixture thereof or four ounces of marijuana or less unless said property was used or intended for use to facilitate a trans action in or a purchase of or sale of a controlled substance or marijuana.'"
By renumbering Sections 3 through 6 as Sections 4 through 7, respectively.
Senator Oliver of the 42nd asked unanimous consent that her amendment be with drawn. The consent was granted, and the amendment was withdrawn.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour

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

Oliver Price of 56th Ragan Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Bowen Brown of 26th Brush

Hooks (excused) Perdue (excused) Price of 28th

Ralston Taylor Walker (excused)

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

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JOURNAL OF THE SENATE

HB 126. By Representatives Walker of the 141st, Skipper of the 137th and Martin of the 47th:
A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to duration and termination of orders of disposition committing delin quent or unruly children to the Department of Children and Youth Services, reports and plans regarding reunification of the family, so as to provide that following initial reviews, additional periodic reviews shall be held at six-month intervals.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Judiciary Committee offered the following substitute to HB 126:
A BILL
To be entitled an Act to amend Code Section 15-11-41 of the Official Code of Georgia Anno tated, relating to duration and termination of orders of disposition committing delinquent or unruly children to the Department of Children and Youth Services, reports and plans regarding reunification of the family, reports and review of determinations that reunifica tion was not appropriate, duration of plans, review of determinations, hearings, and sup plemental orders, so as to provide that following initial reviews, additional periodic reviews shall be held at six-month intervals; to change the period of time for which an order placing a deprived child in foster care may be extended; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to duration and termination of orders of disposition committing delinquent or unruly children to the De partment of Children and Youth Services, reports and plans regarding reunification of the family, reports and review of determinations that reunification was not appropriate, dura tion of plans, review of determinations, hearings, and supplemental orders, is amended by striking subsections (j) and (1) of said Code section and inserting in lieu thereof the following:
"(j) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date of original placement with the department or until sooner terminated by the court. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether the division intends to proceed with the termination of parental rights at that time. If the division indicates that it does not intend to petition for the termination of parental rights at that time, the court may ap point a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is con ducted by citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of the department, along with the department's pro posed revised plan for reunification or other permanency plan, if necessary, to the court

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and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. Following such initial review, additional periodic reviews shall be held at six-month intervals?'
"(1) The court which made the order may extend its duration for not more than twoyeais 12 months if:
(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order, which hear ing shall, after the making of appropriate findings of fact, determine the future status of the child including, but not limited to, whether the child should be returned to the parent or parents, should be continued in foster care for a specified period, should be placed for adoption, or should, because of the child's special needs or circumstances, be continued in foster care on a permanent or long-term basis and whether reunification services, if in effect, should be continued; and procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportu nity to be heard are given to the parties affected; and
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon 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 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 Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour

Griffin Guhl Harbison Henson Hill 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 Thomas of 54th Thomas of 10th Turner Tysinger

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Those not voting were Senators:

Bowen Brown of 26th Brush

Hooks (excused) Perdue (excused) Taylor

Thompson Walker (excused)

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

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.
Senate Sponsor: Senator Johnson of the 2nd.
The Senate Special Judiciary Committee offered the following substitute to HB 651:
A BILL
To be entitled an Act 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 per son who is providing care to another person, either on a permanent or temporary 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; to provide that any person who intentionally violates the provisions of this Act shall commit the offense of abuse of a dead body; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses involving dead bodies, is amended by striking Code Section 31-21-44.1, relating to the offense of abuse of a dead body prior to interment, and inserting in lieu thereof a new Code Section 31-21-44.1 to read as follows:
"31-21-44.1.
(a)(l) A person commits the offense of abuse of a dead body if, prior to interment and except as otherwise authorized by law, such person willfully defaces a dead body while the dead body is lying in state or is prepared for burial, showing, or cremation whether in a funeral establishment, place of worship, home, or other facility for lying in state or at a grave site. The lawful presence of the offender at a place where the dead body is abused shall not be a defense to a prosecution under this Code section.
(2) A person who is providing care to another person, either on a permanent or tempoFary basis, shall, upon the death of such person while in such person's care, be required to~notify a local law enforcement agency, or coroner or emergency medical technician or a~relative of such deceased person within six hours of the discovery of the death of such person. Any person who intentionally violates the provisions of this paragraph shall commit the offense of abuse of a dead body.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years."

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SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Price of the 56th offered the following amendment:
Amend the committee substitute to HB 651 by inserting at the end of line 32 on page 1 after the comma:
"other than in a hospital,"
On the adoption of the amendment, the yeas were 35, nays 1, and the Price amend ment to the committee substitute was adopted.
Senator Johnson of the 2nd offered the following amendment:
Amend the committee substitute to HB 651 by striking on page 2, line 2, the words "emer gency medical technician or".
On the adoption of the amendment, the yeas were 30, nays 0, and the Johnson amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis 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 Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Brown of 26th

Hooks (excused) James Perdue (excused)

Scott Taylor Walker (excused)

On the passage of the bill, the yeas were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

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

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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.

Senator Thompson of the 33rd moved that the Senate insist on its amendments.
Senator Egan of the 40th moved that the Senate insist on the Egan amendment (#1) and recede from the Thompson amendment (#2).
The motion to insist and recede takes precedence.
On the adoption of the Egan motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Broun of 46th Brown of 26th

Egan Fort Gochenour Griffin

Langford Oliver Price of 56th Ralston

Those voting in the negative were Senators:

Abernathy Boshears Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Guhl Harbison Henson

Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Madden Marable Middleton Perdue Price of 28th

Ragan Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Turner Tysinger Walker

Those not voting were Senators:

Bowen Johnson of 1st

Taylor Thompson

On the motion, the yeas were 12, nays 40, and the motion by Senator Egan of the 40th was lost.
On the motion by Senator Thompson of the 33rd to insist on the Senate amendments, the President ordered a roll call and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Boshears 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 Kemp Lamutt

Land Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr

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Stokes Streat Tanksley Taylor

Thomas of 54th Thomas of 10th Thompson

Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Blitch

Gochenour Langford

Price of 56th

Those not voting were Senators Bowen and Johnson of 1st.

On the motion, the yeas were 49, nays 5; the motion prevailed, and the Senate insisted on its amendments to HB 294.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment to the House amendment to the fol lowing bill of the Senate:

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 following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 for requests for insurer, health maintenance organization, or private health benefit plan authorization for certain services; to provide for payment for authorized services; to amend Code Section 33-20A-9 of the Official Code of Georgia Annotated, relating to emergency services requirements under managed care plans, so as to provide for requests for managed care entity or private health benefit plan authorization for certain services; to provide for payment for authorized serv ices; 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 to the evaluation of persons with emergency conditions, and inserting in lieu thereof the following:

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"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 condi tion. For purposes of this Code section, the term 'emergency medical provider' includes without limitation a provider of ambulatory transportation.
(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.
(c) After stabilization of a person's condition as provided in subsection (b) of this Code section, the attending physician shall seek authorization for further services from the patient's insurer, health maintenance organization, or private health benefit plan, if any. Within 30 minutes after any such authorization, the authorizing insurer, health mainte nance organization, or private health benefit plan shall send in writing by facsimile transmission, or by such other electronic means as may be arranged between the parties, the terms of such authorization. The authorizing insurer, health maintenance organiza tion, or private health benefit plan shall pay all benefits payable under its benefits con tract for any services so authorized."
SECTION 2.
Code Section 33-20A-9 of the Official Code of Georgia Annotated, relating to emergency services requirements under managed health care plans, is amended by striking paragraph (1) and inserting in lieu thereof the following:
"(IXA) In the event that a patient seeks emergency services and if necessary in the opimoh of the emergency health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. For purposes of this Code section, the term 'emergency health care provider' includes without limitation a provider of ambulatory transportation.
(B) After stabilization of a person's emergency condition as provided in subparagraph (A) of this paragraph, the attending physician shall seek authorization for further services from the patient's managed care entity or private health benefit plan, if any. Within 30 minutes after any such authorization, the authorizing managed care entity or private health benefit plan shall send in writing by facsimile transmission, or by such other electronic means as may be arranged between the parties, the terms of such authorization. The authorizing managed care entity or private health benefit plan sEall pay all benefits payable under its benefits contract for any services so authorized.
(C) If in the opinion of the emergency health care provider, a patient's condition has stabilized and the emergency health care provider certifies that the patient can be transported to another facility without suffering detrimental consequences or aggra vating the patient's condition, the patient may be relocated to another facility which will provide continued care and treatment as necessary; and".
SECTION 3.
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.

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SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Madden of the 47th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 209 by inserting after the words "so as" on line 3 of page 1 "to prohibit certain provisions in certain health care provider contracts and agreements;".
By inserting after the words and symbol "authorized services;" on lines 6 and 11 of page 1 "to prohibit denial of coverage for certain emergency procedures;".
By striking line 30 of page 1 and inserting in lieu thereof the following:
"limitation an emergency services provider.".
By striking line 3 of page 2 and inserting in lieu thereof the following:
"private health benefits plan. No insurer, health maintenance organization, or private health benefit plan may subsequently deny payment for an evaluation, diagnostic test ing, or treatment provided as part of such intervention."
By striking line 9 of page 2 and inserting in lieu thereof the following:
"Within one hour after any such authorization, the".
By striking the quotation mark at the end of line 17 and inserting between lines 17 and 18 of page 2 the following:
"(d) No health care insurer, fraternal benefit society, health care plan, health care corpo ration, nonprofit medical service corporation, nonprofit hospital service corporation, managed care entity, or health maintenance organization authorized to sell accident and sickness policies, subscribers' certificates, or other contracts of accident or sickness insur ance by whatever name called shall, in order for an otherwise acceptable health care provider to contract to participate as a provider in any managed care plan, require a provision in any health care provider contract or agreement which requires said health care providers to participate in or accept the terms or conditions of plans, programs, benefits, or services which are not subject to regulation under Title 33.'"
By striking line 31 of page 2 and inserting in lieu thereof the following:
"or managed care plan. No managed care entity or managed care plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention. For purposes of this Code'']
By striking lines 33 and 34 of page 2 and inserting in lieu thereof the following:
"includes without limitation an emergency services provider.".
By striking line 40 of page 2 and inserting in lieu thereof the following:
"any. Within one hour after any such authorization,".
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 Brown of 26th Brush Burton Cagle Cheeks Clay Crotts

Dean Egan Gillis Glanton Gochenour Griffin Harbison Henson Hill Huggins James Johnson of 2nd

Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan

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Ralston Ray Roberts Starr

Streat Tanksley Taylor Thomas of 54th

Thompson Turner Tysinger

Those not voting were Senators:

Broun of 46th Fort Guhl

Hooks (excused) Perdue (excused) Scott

Stokes Thomas of 10th Walker (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 209 as amended by the Senate.
The following bill was taken up to consider House action thereto:

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.
Senator Gochenour of the 27th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed,
On the motion, the yeas were 38, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following Senators: Johnson of the 1st, Ralston of the 51st and Gochenour of the 27th.
The Calendar was resumed.

HB 755. By Representative Parrish of the 144th:

A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the "Georgia Peace Officer Standards and Training Act," so as to change the provisions relating to definitions; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Children and Youth Services, so as to provide for the authority of the commissioner to designate as peace officers certain employees of the department.
Senate Sponsor: Senator Streat of the 19th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean

Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Huggins James Johnson of 2nd Johnson of 1st Kemp

Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott

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Starr Stokes Streat

Tanksley Taylor Thomas of 54th

Those not voting were Senators:

Brown of 26th Egan Glanton

Hooks (excused) Langford Perdue (excused)

Thomas of 10th Turner Tysinger
Thompson Walker (excused)

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

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.
Senate Sponsor: Senator Streat of the 19th.

The Senate Transportation Committee offered the following amendment:
Amend HB 398 by striking line 21 of page 1 and inserting in lieu thereof the following:
"or the governing authorities of such counties and". On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was
adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan

Fort Glanton Gochenour Griffin Henson Hill Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden

Marable Middleton Price of 28th Ragan Ralston Roberts Scott Starr Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner

Those voting in the negative were Senators:

Guhl Oliver

Price of 56th Ray

Taylor Tysinger

Those not voting were Senators:

Brown of 26th Gillis Harbison

Hooks (excused) James Perdue (excused)

Stokes Walker (excused)

On the passage of the bill, the yeas were 42, nays 6.

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The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Johnson of the 1st.

Senator Johnson of the 1st offered the following amendment:
Amend HB 505 as follows:
on page 5, line 11, change "reaction" to "preaction"
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

Griffin Guhl Harbison Hill Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver

Ragan Ralston Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those voting in the negative were Senators:

Cagle Gochenour

Henson Price of 28th

Price of 56th Ray

Those not voting were Senators:

Bowen Brown of 26th

Hooks (excused) James

Perdue (excused) Walker (excused)

On the passage of the bill, the yeas were 44, nays 6. The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Ralston of the 51st.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

Gochenour Griffin Guhl Harbison 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

Those not voting were Senators:

Brown of 26th Henson Hooks (excused)

James Perdue (excused)

Thompson Walker (excused)

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

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.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 419:
A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, 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; to de fine certain terms; to change the method of evaluation of heavy-duty equipment motor ve hicles for ad valorem tax purposes; to change the time at which ad valorem taxes on certain heavy-duty equipment motor vehicles become due and payable; to change the provisions relating to ad valorem taxation of certain heavy-duty equipment motor vehicles owned and held by heavy-duty equipment motor vehicle dealers for retail sale; to provide for returns for taxation with respect to certain heavy-duty equipment motor vehicles purchased; to provide for the valuation of certain heavy-duty equipment motor vehicles and for the calcu lation of the ad valorem tax on certain heavy-duty equipment motor vehicles in the year in which such vehicles are purchased from a dealer; to provide for the collection of certain ad

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valorem taxes on heavy-duty equipment motor vehicles by dealers; to provide for penalties and interest; to provide for returning and remitting ad valorem taxes to the appropriate tax officials; to provide that dealers shall be liable for certain taxes; to provide for dealers who cease to operate as a business; to require heavy-duty equipment motor vehicle dealers to provide certain information to the tax commissioner of the county where the purchaser of such a motor vehicle is domiciled; to provide for rules and regulations; to provide for affida vits of illegality contesting the assessment of ad valorem tax against heavy-duty equipment motor vehicles; to provide for bonds; to provide for trials in superior court; to provide for appeals; to provide for related matters; to provide 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 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking in its entirety subsection (a) of Code Section 48-5-441, relating to classification of motor vehicles and mobile homes as separate classes of tangible property for ad valorem taxation purposes, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For the purposes of ad valorem taxation, motor vehicles are classified as a separate and distinct class of tangible property. Such class of tangible property shall be divided into two distinct and separate subclasselTof tangible property with one subclass includ ing heavy-duty equipment motor vehicles as defined in Code Section 48-5-505 and the other subclass including all other motor vehicles. The procedures prescribed by this arti cle for returning motor vehicles, excluding heavy-duty equipment motor vehicles as de fined in Code Section 48-5-505, for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on motor vehicles shall be exclusive."
SECTION 2.
Said chapter is further amended by adding between Articles 10 and 11 a new Article 10A to read as follows:
"ARTICLE IDA
48-5-505.
As used in this article, the term:
(1) 'Dealer' means any person who is engaged in the business of selling heavy-duty equipment motor vehicles at retail and who holds a valid current dealer's resale tax exemption number.
(2) 'Heavy-duty equipment motor vehicle' means a motor vehicle with all its attach ments and parts which is self-propelled, weighs 5,000 pounds or more, and is primarily designed and used for construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate.
48-5-506.
(a) The provisions of this article shall apply only to heavy-duty equipment motor vehicles and dealers as defined in Code Section 48-5-505.
(b) The provisions of Part 2 of Article 10 of this chapter shall apply to all other heavyduty equipment motor vehicles and dealers not provided for in subsection (a) of this Code section.
48-5-507.
(a) Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad

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valorem tax on property only if owned by such natural person or entity on the first day of January of any taxable year. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Article 1 of this chapter.
(b)(l) Any and all purchases of heavy-duty equipment motor vehicles by dealers for the purpose of resale shall be exempt from ad valorem tax at the time of the purchase by the dealer.
(2) Any person or entity which purchases a heavy-duty equipment motor vehicle from a dealer shall, for the taxable year in which the heavy-duty equipment motor vehicle is purchased only, return such heavy-duty equipment motor vehicle for ad valorem taxa tion purposes to the appropriate county and shall pay a tax for such taxable year equal to 33 1/3 percent of the amount derived by multiplying the amount of ad valorem tax which would otherwise be due on the heavy-duty equipment motor vehicle based on the selling price to the end user times 40 percent, thus deriving the taxable assessment, times the tax rate imposed by the tax authority for the preceding tax year, by a fraction the numerator of which is the number of months remaining in the calendar year not counting the month of purchase and the denominator of which is 12. In no event shall the ad valorem tax due be less than $100.00 for the year of purchase. The taxes levied under this subsection shall be due 60 days after the billing therefor. A penalty of 10 percent of the ad valorem tax due and interest at the rate provided for in Code Section 48-2-40 shall accrue at the expiration of 60 days after billing.
(3) Any ad valorem tax due shall be based on the selling price of the heavy-duty equip ment motor vehicle purchased.
(4) In the event that any heavy-duty equipment motor vehicle is purchased other than for resale by a person or entity not domiciled in this state, at the time of the sale the dealer shall collect the ad valorem tax which would be applicable for the county where the heavy-duty equipment motor vehicle was held in inventory at the time of the sale. Each dealer, on or before the last day of the month following a sale to such person or entity, shall transmit returns and remit the ad valorem taxes collected to the tax col lector of the county where the heavy-duty equipment motor vehicle was held in inven tory at the time of the sale. Such returns shall show all sales and purchases taxable under this article during the preceding calendar month. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the com missioner. If any dealer liable for any tax, interest or penalty imposed by this article sells out his or her business's heavy-duty equipment motor vehicles or quits the busi ness, he or she shall make a final return and payment within 30 days after the date of selling or quitting the business. Any dealer who does not collect tax as required under this paragraph or who fails to properly remit taxes collected under this paragraph shall be liable for the tax and the tax collector or tax commissioner shall collect such tax, penalty, and interest in the same manner that other taxes are collected.
(c) Except as otherwise provided in this subsection, heavy-duty equipment motor vehicles which are owned by a dealer are not included within the distinct subclassification of tangible property made by this article for all other heavy-duty equipment motor vehicles. The procedures prescribed in this article for returning heavy-duty equipment motor vehi cles for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on heavy-duty equipment motor vehicles do not apply to heavy-duty equipment motor vehicles which are owned by a dealer. Heavy-duty equip ment motor vehicles which are owned by a dealer shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such heavy-duty equip ment motor vehicles until they become subject to taxation as provided in subsections (a) and (b) of this Code section. No heavy-duty equipment motor vehicle held by a dealer in inventory for resale shall be subject to ad valorem taxation unless such heavy-duty equipment motor vehicle was in the dealer's inventory on January 1 of the taxable year and continued to remain in such dealer's inventory on December 20 of such taxable year, in which case the dealer shall be required to return the heavy-duty equipment motor

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vehicle for ad valorem taxation and pay the ad valorem tax on such vehicle for that taxa ble year. The assessed value of each heavy-duty equipment motor vehicle owned by a dealer shall be 40 percent of the fair market value of the heavy-duty equipment motor vehicle on January 1 of that year. The taxes levied under this subsection shall be due 60 days after the billing therefor. Penalties and interest for unpaid taxes as provided in this chapter shall accrue at the expiration of 60 days after the billing therefor.
(d) Within 30 days of the last day of a month during which there is a sale of any heavyduty equipment motor vehicle other than for resale, the dealer shall mail to the tax as sessor of the county where the purchaser is domiciled a statement upon forms prescribed, prepared, and furnished by the commissioner notifying the local tax assessor of the sale which shall include information such as the date of the sale, the selling price, and the name and address of the purchaser. The tax assessor would then be authorized to place the heavy-duty equipment motor vehicle on the tax digest of the county and invoice the purchaser for the applicable ad valorem tax for the current year as provided for in this Code section.
48-5-508.
Any taxpayer who contests the assessment of an ad valorem tax against a heavy-duty equipment motor vehicle as denned in this article may file with the tax collector or tax commissioner an affidavit of illegality to the assessment together with a surety bond issued by a surety company authorized to do business in this state or, in lieu of such bond, a bond approved by the clerk of the superior court of the county or a cash bond. The bond shall be made payable to the tax collector or tax commissioner and shall be conditioned upon the payment of taxes and penalties ultimately found to be due. The affidavit of illegality and the bond shall be transferred immediately by the tax collector or tax commissioner to the superior court, shall be filed in the superior court, and shall be tried as affidavits of illegality are tried in tax cases. Any taxpayer who contests the value assessment of a heavy-duty equipment motor vehicle as defined in this article may ap peal such assessed value as provided for in Code Section 48-5-311, insofar as applicable.
48-5-509.
The commissioner shall be authorized to promulgate rules and regulations to facilitate and ensure compliance with the provisions of this article."

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 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 Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks

Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin

Guhl Harbison Henson Hill Huggins James Johnson of 2nd Johnson of 1st Kemp

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Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th

Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes

Those not voting were Senators:

Brown of 26th Brush

Hooks (excused) Perdue (excused)

Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger
Walker (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 following bill was taken up to consider House action thereto:

SB 57. By Senators Griffin of the 25th, Blitch of the 7th, Boshears of the 6th and others:

A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to require certain notice prior to the privatization of operations of certain state institutions or programs.

The House amendment was as follows:
Amend SB 57 by inserting "authority," between "agency," and "or" on line 23 of page 1 and on line 26 of page 1.
By striking "and the Speaker of the House." on lines 27 and 28 of page 1 and inserting in their place ", the Speaker of the House, and the appropriate legislative overview committee, if any."
Senator Griffin of the 25th moved that the Senate agree to the House amendment to SB 57.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Cagle Cheeks Clay Crotts Dean Egan Fort

Gillis Griffin Harbison Henson Hill Huggins James Johnson of 2nd Kemp Land Langford Madden Marable

Middleton Oliver Ragan Ralston Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thompson Turner

Those voting in the negative were Senators:

Balfour Burton Glanton Gochenour

Guhl Johnson of 1st Lamutt Price of 28th

Price of 56th Ray Tanksley Tysinger

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Those not voting were Senators:

Hooks Perdue (excused)

Thomas of 10th Walker (excused)

On the motion, the yeas were 40, nays 12; the motion prevailed, and the Senate agreed to the House amendment to SB 57.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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.
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."

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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 of banking and finance 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, onu 01 muie a senior deputy uuiumisbiuums, whu 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 Chapter 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 professional staff of financial examiners. The department may provide for the 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:

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"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 undui takings 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 undei takings 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 nor lu a consumer loan not in excess of $20,000.00
111cltit; I/O tiic tMlljjluycti Wllci'e Llit; nlOHc_y, jJi'ujJtJi'ljy, Gi1 StJi'viuctf WliiCli fciilt! Llic StiuJcCL ul Lliti
Uaiisactiuii ain primarily fui pmsuual, family, or household purposes, uui to a muitgage luau ui1 luaiis secured by the employee's peisonal lusidence, 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

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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 pi event 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 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:

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(1) To to be dishonest, incompetent, or reckless in the management of the affairs of the financial institution; or
(2) To have persistently tu 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 wliu shall have been indicted for any crime involving moral turpitude or breach of trust;;
(5) To ui whu 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!
(b)(c) Any person suspended under subsection (a) of this Code section may request his or heFTeinstatement 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.
(c)(d) Upon request for reinstatement, the department shall conduct an internal review of the 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, a hearing tu determine if the i ems la lenient should be giaiiled ui the lemoval made permanent. 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."
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.

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(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 denned 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;
(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

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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, con sistent 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 fur ther define, restrict, or require registration of entities which provide financial products and services to the citizens of this state via the Internet, other on-line access to finan cial products and services, or alternate methods of delivery which differ from geograph ically 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;
(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. 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, sub ject to applicable federal or state securities requirements; sale of insurance subject to

TUESDAY MARCH 25, 1997

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state insurance laws, regulations, and licensing requirements and applicable depart mental 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 uii a banking ui U list 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:
(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 bank ing or banking in a dependency or insular possession of the United States, either directly 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

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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 bank ing institution, it shall enter into an agreement with the department to restrict its operations in such manner as the department may prescribe; and provided, fur ther, that, if the department determines that said restrictions have not been com plied 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;; offer ing of a full range of investment products;; promoting and facilitating international trade and commerce;-or; and exercising powers incidental to Lhe banking business financial activities as provided in paragraph (11) of Code Section 7-1-261; in addition to functions or "activities which include exercising powers granted by department regulations or exercising powers determined by the commissioner to be financial in nature or incidental to the provision of financial services, so long as these activities do not pose undue 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, nothing contained in this Code section subparagraph shall exempt any such corporation from undertaking registration, licensing, or other qualifi cation to engage in such functions 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 meeting 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 para graph 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 Congress 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
(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-in come housing, job training and job placement programs, credit counseling, public edu cation 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 neces sary in order to assure 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:

TUESDAY MARCH 25, 1997

1805

"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. All such rules and iegulatiuiis applicable to building and luan assuciatiuiib shall be
u^j^jliudulc tu ex attitc SciVui^a cxnil ludu aosuuidtivjii.
(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, eveiy btate savings and luau ui building bank or federal mutual savings and loan association authmiaed tu du business Lu this fetate with It banking location in Georgia prior to July 1, 1996, which converts to a state charter, shall be guvemed by the piuvisiuiis of Cude Sections, 7-1-001 through 7-1-004, provided, however, any bianch, office, ui facility entitled to retain the banking locations lawfully established by such state savings and loan ui building and luan association and uptjiatiiig uii bucli effective date may continue tu upeiate aflui such effective dale 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, and 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 association or bank. A federal mutual savings 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.
(l)(l) Uiilco utlieiwiBc piuviucu, i ixi Is 7 tlnuugli lu ul Ai title 2 ui tln ^liaptci Ihe
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 uuipuiate all'cdis uf any state same procedures as are prescribed in this chapter for a conversion, merger, or consolidation

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involving a national bank, provided that the approval of such conversion shall be by such 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 the 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 tEis 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 denned 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:
(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 depusitui 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."

TUESDAY MARCH 25, 1997

1807

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 peiueiit a majority of the directors shall:
(1) Reside in Georgia; and or
(2) Reside in the county in which thu legistered office of the bank 01 LmsL cumpauy is ui ib piopused tu be located ui within 40 miles of any office Lheieof in Georgia author ized to offer a complete banking or trust service; provided, however, the department may waive this piovision 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 department, 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~(Tepartment regulations."
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 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 consolida tions, and inserting in lieu thereof a new subsection to read as follows:

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"(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 amended by striking'Code Section 7-1-600, relating to definitions, and in serting 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, 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 Eased 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.

TUESDAY MARCH 25, 1997

1809

(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, or village specified in its articles.
(9) Village mcaiio mi doaeniuleige ui dggiegaliuii ul llOu&co lui dwelling ui UUBIIICOB, ui
Ljutli, i"t;iauiiiulj' Cuii Lig uu no CO tJiii^li utlici ciiiil iiiciiLilictulc uiu gditjiixll^ Iviiuwn XS a
Village Ul CUllllllUmL^ ULlt Lllllliv-Ul'^JUl dldl clllll lluL Ulldl Ltjl CU CIS 'd lllLlllldfJcll IXJl ^JUi clLlUll
midei the laws of thu State of Geuigia. Fui the puryuse uf tliib pail, the It-it iluiial buuudaiies and limits of eaili village iii which a paient bank ib luialud sliall bu fixed by
tile tuSpai'lilleilt OH Api'il 12, 19G3, ctim tiitJi'tjaittsl1 Upuii Lilt: j^i'Slll ui a CiieU'tei1 tu tli6
U&.IIA. c>iLu.citt!iJ. Ill 1 vill&^c, provided, ilOwcvei1 , tile ttjii.iLO.i'icU. tjOU.Htl<ii'it;t! cUlCt Oiiiit/S OI 3.
iiu. tiirtjc liiilco in diiiy Jncutioii irorii tins ^60^i'o.pliiu utjiiici*
ul t/llfc Villit^e &.HQ islictil ilut COliLtiiii iilOi't; uiiiii \.Zi SQLlfcirt; mileS 111 LuLal tti'tjtl, fctiid pi'u~
vided, fuilliui, that a plat showing the buuiidaiy uf such village shall be filed in the office uf the deyai tmeiit ab a public intuid, and, albu piuvided, thai sucli village shall
nut eALciiu mtu Llit; LciiiLui^, ui niuuipuiaLeu aica, ul tm_y inuiiiuiptil cuipui aLiun.
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 Aulumated teller machines which shall be unstaffed and shall be located within tluTuuunty

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hi which a patent bank, biaiudi bank, bank office, ui bank facility is lawfully lucaled 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 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 but in iiu 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.

TUESDAY MARCH 25, 1997

1811

(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 Meigeib 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 deposits held by all insured depository institutions in this state. The 30 percent limitation shall not apply, in the discretion of the commissioner, to transactions complying with para graph (1) of subsection (b) of Code Section 7-1-623. The commissioner may by regula tion adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived upon showing good cause.
(b) An interstate merger transaction ie&ultiug In the acquisition ui imiUul by an uut uf
stale umiJv ul a GrtJuigia umik ui till ui aUuateiiitmlIty ml ul tlic assets ui a. Gcuigic* uttnK
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 alsu piuvided in Cudb Section 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.

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(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 calen dar 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.
fi)(2) 'Licensed casher of checks' means any individual, partnership, association, or corporation duly licensed by the Department of Banking and Finance to engage in business pursuant to the provisions of this article.
f2)(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.
(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."

TUESDAY MARCH 25, 1997

1813

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. Williiii 15 days uf Hie
u.clLti OT lilt; t i^smSStCif i Oi i 3 CO in pi t; tG z'cuOi't Ot su.Cli C u.i'i'tJiiCy ti'ctilS&Ctiuii 111 tiXCeSS CTT
$10,000.00 bhall be filed with the Jupai Imeut, piuvideJ, huwevei, the ojmiuissiuuei
ju, LU ue v.uiusiusi eu. ti Liinci^ iiiing in nis utiot; ui limits uy
magnetic media. In additiuii, Lhe dejjcti LniciiL ui eiii eijj^ji u^ji late attits Itiw enluiusiiisiit tmiant ieglulaliuii shall be notified by lelephune ai by wiie
beluie llic Uviac ul buaiiiciis uii Lhe i siiu_y ti imocn^liuii olidll be 1H Clll Cllllljuiit bxceediiig $100,000.00. The department may promulgate regulations that pel mil specify additional requirements for currency transaction reports and suspicious activity reports filed by Ihiaiicial institutiuiib with
Icuci ai eigeliClco ^iiixaucliil Lu 1 cv^uii cuiciiLo \jl ItJUcicil l<aw Lu SaLisl^ Lilt; cuncin;^' Li ciii&-
dutlUil llllll^ 1 Ci^Ull dllCIlLa ul LlllD ^J(ll dgl Cl^jll, ^JlVJVulcll tlltL Lilt: LIC^JCll LllltJIiL UC Lei illillCO
LliaL Llic ilcpiii'LiiiciiL will litiVc CIUUCBB Lu su^li i e^jui Ls llleil WiLli tlic Ictlci ell clj^diuieo.
(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 laundering is suspected, and file a report of such transaction with the appropriate fed eral authority. All such suspicious activity reports shall be simultaneously filed with the department, unless by regulation the department deems a federal filing to be ade-
(3) The provisions of paragraph (1) of this subsection shall not apply to transfers be tween banks, credit unions, or savings and loan associations chartered under the laws of any state or the United States which do not involve the payment or receipt of cur rency and which are accomplished through a wire or electronic transfer system oper ated 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 corresponding bank, credit union, or savings and loan association, and the name of the customer of the corresponding bank, credit union, or savings and loan association."
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 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 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."

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JOURNAL OF THE SENATE

SECTION 31.
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 32.
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 33.
Said chapter is 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.
(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 rate motion to show cause why it should

TUESDAY MARCH 25, 1997

1815

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 ten 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.
feXf) 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 34.

Notwithstanding any other provision of law to the contrary, this Act shall become effective on June 1, 1997.

SECTION 35.

All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th moved that the Senate agree to the House substitute to SB 154.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill

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

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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

Those not voting were Senators:

Hooks

Perdue (excused)

Walker (excused)

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 154.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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) Except as provided in subsection (c), the The operation of'open-end' clauses contained in real estate mortgages or deeds conveying 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 obliga tion 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, be tween the original parties to the security instrument.
(c) A transferee or assignee of an original party to a home equity line of credit agreement or contract who makes additional advances or disbursements on a home equity line of

TUESDAY MARCH 25, 1997

1817

credit shall have the benefit of the security under the deed if the disbursements, made after the assignment, were authorized by the original parties to the home equity line of credit agreement or contract."
SECTION 2.

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

All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th moved that the Senate agree to the House substitute to SB 175.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis 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 Thompson Turner Tysinger

Those not voting were Senators:

Hooks James

Perdue (excused) Walker (excused)

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 175.
The following bill was taken up to consider House action thereto:

HB 459. By Representatives Buck of the 135th, Culbreth of the 132nd, Jamieson of the 22nd and others:
A bill to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotat ed, relating to applications for the tangible personal property inventory exemp tion, so as to provide for conditions under which such exemption shall be wholly or partially waived for a taxable year.
The House amendment was as follows:
Amend the Senate substitute to HB 459 by inserting between "as" and "to" on line 3 of page 1 the following:
"to clarify the applicability of exemption with respect to public property to include certain property held for the benefit of a county, municipality, or school district;".

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JOURNAL OF THE SENATE

By striking "an effective date" and inserting in its place "for effective dates" on lines 14 and 15 of page 1.
By inserting between lines 20 and 21 of page 1 the following:
"amended by striking paragraph (1) of subsection (a) of Code Section 48-5-41, relating to property which is exempt from ad valorem property taxes, and inserting in its place a new paragraph (1) to read as follows:
'(1)(A) Except as provided in this paragraph, all public property;.
(B) No public real property which is owned by a political subdivision of this state and which is situated outside the territorial limits of the political subdivision shall be ex empt from ad valorem taxation unless the property is:
(i) Developed by grading or other improvements to the extent of at least 25 percent of the total land area and facilities are located on the property which are actively used for a public or governmental purpose;
(ii) Three hundred acres or less in area;
(iii) Located inside a county embracing all or part of a municipality owning such property; or
(iv) That portion of any real property which has been designated as a watershed by the United States Soil and Water Conservation Service and used as a watershed by the political subdivision owning the property;.
(C) Property which is owned by and used exclusively as the general state headquarters of a nonprofit corporation organized for the primary purpose of encouraging coopera tion between parents and teachers to promote the education and welfare of children and youth, notwithstanding the fact that such nonprofit corporation may derive income from fees or dues paid by persons, organizations, or associations to affiliate with such nonprofit corporation, shall be considered to be an extension of the public schools of this state and such property shall be considered to be public property within the mean ing of this paragraph.
(D) Property which is held by a Georgia nonprofit corporation whose income is exempt from federal income tax pursuant to Section 115 of the Internal Revenue Code of 1986 and held exclusively for the benefit of a county, municipality, or school district shall be considered to be public property within the meaning of this paragraph.'
SECTION 2.
Said chapter is further".
By striking "2" and inserting in its place "3" on line 12 of page 2.
By striking "3" and inserting in its place "4" on line 3 of page 3.
By striking lines 22 through 28 on page 3 and inserting in their place the following:
"SECTION 5.
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 2, 3, and 4 of 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 6.
All laws and parts of laws in conflict with this Act are repealed."
Senator Turner of the 8th moved that the Senate agree to the House amendment to the Senate substitute to HB 459.

TUESDAY MARCH 25, 1997

1819

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis

Glanton Griffin Guhl Harbison Henson Hill Huggins Johnson of 2nd Kemp Lamutt Land Langford Madden Marable

Middleton Oliver Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner

Those voting in the negative were Senators:

Balfour Brush Gochenour

Johnson of 1st Price of 28th

Price of 56th Thomas of 54th

Those not voting were Senators:

Hooks James

Perdue (excused) Ragan

Tysinger Walker (excused)

On the motion, the yeas were 43, nays 7; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 459.
The Calendar was resumed.

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.
Senate Sponsor: Senator Blitch of the 7th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean

Egan Fort Glanton Gochenour Griffin Harbison Henson Hill Huggins James Johnson of 2nd Johnson of 1st Kemp

Lamutt Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott

1820

JOURNAL OF THE SENATE

Starr Stokes Streat Tanksley

Taylor Thomas of 54th Thomas of 10th

Those voting in the negative were Senators:

Cagle

Guhl

Those not voting were Senators:

Gillis Hooks

Perdue (excused) Walker (excused)

Thompson Turner Tysinger
Land

On the passage of the bill, the yeas were 49, nays 3.
The bill, having received the requisite constitutional majority, was passed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

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.

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 House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 following resolution was read and adopted:
SR 400. By Senators Perdue of the 18th, Walker of the 22nd, Clay of the 37th and 53 other Senators:
A resolution expressing regret at the loss of Charles "Chip" Wilson Pitts.
At 9:50 P.M., Senator Dean of the 31st moved that the Senate stand in recess until 12:00 midnight, and at that time, pursuant to HR 16, adjourn until 9:30 A.M. on Thursday, March 27, 1997; the motion prevailed.
At 12:00 midnight, the Senate adjourned.

THURSDAY, MARCH 27, 1997

1821

Senate Chamber, Atlanta, Georgia Thursday, March 27, 1997
Thirty-ninth Legislative Day
The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of Tuesday, March 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 bill of the Senate:
SB 306. By Senators Clay of the 37th, Lamutt of the 21st, Thompson of the 33rd and others:
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 House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
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 House has agreed to the Senate amendments to the following bills of the House:
HB 854. By Representative Pinholster of the 15th:
A bill to provide a homestead exemption from 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 856. By Representative Pinholster of the 15th:
A bill to provide a homestead exemption from certain Pickens County School District ad valorem taxes for educational purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that school district.
HB 855. By Representative Pinholster of the 15th:
A bill to provide 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.

1822

JOURNAL OF THE SENATE

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 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 attorneys' 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 substitute to the following resolution of the House:
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 House has agreed to the Senate substitutes to the following bills of the House:
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 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.
HB 1019. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the State Court of Richmond County, so as to provide that the solicitor-general of the state court shall be a full-time solicitorgeneral holding office on the effective date of this Act.
HB 1020. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation.

THURSDAY, MARCH 27, 1997

1823

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.

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 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.
The following resolutions were introduced, read the first time, and referred to committee:

SR 395. By Senators Taylor of the 12th, Bowen of the 13th, Abernathy of the 38th and others:
A resolution creating the Senate Study Committee on the Impact of Welfare and Health Care Reform on Working Georgians.
Referred to Committee on Rules.

SR 397. By Senators Hill of the 4th, Marable of the 52nd and Middleton of the 50th:

A resolution creating the Senate Study Committee on School Support Personnel.

Referred to Committee on Rules. The following committee report was read by the Secretary:

Mr. President:

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

HB 731. Do pass as amended.

HB 1036. Do pass by substitute.

HB 774. Do pass.

HB 1040. Do pass.

HB 938. Do pass. HB 983. Do pass. HB 990. Do pass. HB 1005. Do pass. HB 1034. Do pass. HB 1035. Do pass.

HB 1046. Do pass. HB 1048. Do pass. HB 1051. Do pass. HB 1052. Do pass. HB 1053. Do pass.

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

1824

JOURNAL OF THE SENATE

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

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 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 Turner Tysinger

Those not answering were Senators:

Abernathy Blitch

Kemp Thomas of 10th

Thompson Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Price of the 28th introduced the chaplain of the day, Dr. Ed Hoard, pastor of the Second Baptist Church, Griffin, Georgia, who offered scripture reading and prayer.
The following communication was received by the Secretary:
THE STATE SENATE Atlanta, Georgia 30334

March 3, 1997 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 Thursday, February 27, 1997. Thank you for your cooperation.
Sincerely, /s/ Senator Donzella J. James
The following resolutions were read and adopted:
SR 389. By Senator Marable of the 52nd:
A resolution urging local governing authorities to review rock quarrying activi ties carried on within their jurisdictions.

SR 390. By Senators Johnson of the 1st and Johnson of the 2nd: A resolution recognizing Savannah Foods and Industries, Inc.

THURSDAY, MARCH 27, 1997

1825

SR 391. By Senator Thomas of the 54th: A resolution expressing regret at the death of William George "Gee" Tallent.
SR 392. By Senator Griffin of the 25th: A resolution expressing sympathy at the passing of Bertha Boykin Johnson.
SR 393. By Senators Taylor of the 12th, Hooks of the 14th, Land of the 16th and others: A resolution commending Edward Lynch.
SR 394. By Senators Taylor of the 12th, Bowen of the 13th, Abernathy of the 38th and others: A resolution honoring Kathryn G. Hardwick.
SR 396. By Senators Taylor of the 12th, Bowen of the 13th, Abernathy of the 38th and others: A resolution commending Gil Barrett.
SR 398. By Senator Hill of the 4th: A resolution recognizing and commending James Colquitt NeSmith.
SR 399. By Senators James of the 35th, Glanton of the 34th and Fort of the 39th: A resolution recognizing and acknowledging the position of the South Fulton Municipal Association regarding the investment of retirement plan funds.
SR 401. By Senators Hill of the 4th and Perdue of the 18th: A resolution commending Amy Suzanne Lucas as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 402. By Senators Hill of the 4th, Turner of the 8th and Burton of the 5th: A resolution commending Samuel E. Worthington as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 403. By Senators Hill of the 4th and Roberts of the 30th: A resolution commending Laura L. Williams as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 404. By Senators Hill of the 4th and Blitch of the 7th: A resolution commending Donna E. Lowary Wells as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 405. By Senators Hill of the 4th and Gillis of the 20th: A resolution commending Patricia A. Webb as a University System of Georgia Outstanding Scholar on Academic Recognition Day.

1826

JOURNAL OF THE SENATE

SR 406. By Senators Hill of the 4th, Kemp of the 3rd, Johnson of the 1st and Johnson of the 2nd:
A resolution commending Tiffanie L. Rogers as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 407. By Senators Hill of the 4th, Thompson of the 33rd, Lamutt of the 21st and Clay of the 37th:
A resolution commending Frances Sewell as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 408. By Senators Hill of the 4th and Ragan of the llth:
A resolution commending Angela Marie Tekulve as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 409. By Senators Hill of the 4th, Boshears of the 6th and Kemp of the 3rd:
A resolution commending Elisa J. Rodriguez as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 410. By Senators Hill of the 4th, Stokes of the 43rd, Henson of the 55th and Thomas of the 10th:
A resolution commending Darryl C. Moore as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 411. By Senators Hill of the 4th, James of the 35th, Glanton of the 34th and Fort of the 39th:
A resolution commending Cheryl S. Maxwell as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 412. By Senators Hill of the 4th, Middleton of the 50th, Land of the 16th and Harbison of the 15th:
A resolution commending Kerri Shannon-Levins as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 413. By Senators Hill of the 4th, Taylor of the 12th and Hooks of the 14th: A resolution commending Jenna E. Joiner as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 414. By Senators Hill of the 4th, Johnson of the 2nd, Johnson of the 1st and Taylor of the 12th: A resolution commending Christopher Richardson as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 415. By Senators Hill of the 4th and Thomas of the 54th:
A resolution commending Danielle C. Sawyer as a University System of Georgia Outstanding Scholar on Academic Recognition Day.

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SR 416. By Senators Hill of the 4th and Price of the 28th: A resolution commending Kristy Rickards as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 417. By Senators Hill of the 4th, Walker of the 22nd and Cheeks of the 23rd: A resolution commending Amy Renee May as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 418. By Senators Hill of the 4th, Cagle of the 49th and Madden of the 47th: A resolution commending lan Scott Hunter as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 419. By Senators Hill of the 4th, Bowen of the 13th and Griffin of the 25th: A resolution commending Amanda J. Hudson as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 420. By Senators Hill of the 4th, Brush of the 24th, Cheeks of the 23rd and Walker of the 22nd: A resolution commending Cynthia Hughes as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 421. By Senators Hill of the 4th, Starr of the 44th, Price of the 28th and Glanton of the 34th: A resolution commending Dorothy Huckaby as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 422. By Senators Hill of the 4th, Price of the 56th, Ray of the 48th and Broun of the 46th: A resolution commending Scott Adam Hershovitz as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 423. By Senators Hill of the 4th, Land of the 16th and Harbison of the 15th: A resolution commending Deidre C. Greer as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 424. By Senators Hill of the 4th and Streat of the 19th: A resolution commending Thomas Conley Harkleroad as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 425. By Senators Hill of the 4th and Price of the 56th: A resolution commending Sheila R. Donehoo as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 426. By Senators Hill of the 4th and Taylor of the 12th: A resolution commending D'Andrea N. Burns as a University System of Georgia Outstanding Scholar on Academic Recognition Day.

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SR 427. By Senators Hill of the 4th and Gochenour of the 27th: A resolution commending Joshua A. Farr as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 428. By Senators Hill of the 4th and Hooks of the 14th: A resolution commending Tina E. Cook as a University System of Georgia Out standing Scholar on Academic Recognition Day.
SR 429. By Senators Hill of the 4th and Bowen of the 13th: A resolution commending Tracy Lynn Chason as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 430. By Senators Hill of the 4th, Ray of the 48th and Scott of the 36th: A resolution commending Janis Bryant as a University System of Georgia Out standing Scholar on Academic Recognition Day.
SR 431. By Senators Hill of the 4th, Dean of the 31st and Marable of the 52nd: A resolution commending Elizabeth Lee Burdette as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 432. By Senators Hill of the 4th, Hooks of the 14th and Blitch of the 7th: A resolution commending Raylynn Lynette Best as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 433. By Senator Dean of the 31st: A resolution commending the Paulding County Junior ROTC Color Guard Teams and Drill Team.
SR 434. By Senator Dean of the 31st: A resolution recognizing and commending B.E. Walls.
SR 435. By Senators Hill of the 4th, Walker of the 22nd and Perdue of the 18th: A resolution commending the late U.S. Senator Paul E. Tsongas and the Con cord Coalition.
SR 436. By Senators Hill of the 4th, Brush of the 24th, Tysinger of the 41st and others: A resolution commending Grace Yu as a University System of Georgia Out standing Scholar on Academic Recognition Day.
SR 437. By Senators Fort of the 39th, Cheeks of the 23rd and Johnson of the 1st: A resolution recognizing the Order of Ahepa on the occasion of its seventy-fifth anniversary.
SR 438. By Senators Fort of the 39th, Griffin of the 25th, Scott of the 36th and others: A resolution honoring Mr. John Roosevelt "Jackie" Robinson.

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SR 439. By Senator Cheeks of the 23rd:
A resolution commending Michael Bingham and Joseph LeVert, the 1997 Richmond County STAR Student and Teacher.
SR 440. By Senator Thompson of the 33rd:
A resolution commending Hovie Lister.
SR 441. By Senators Oliver of the 42nd, James of the 35th and Perdue of the 18th:
A resolution commending Pat Moran.
SR 442. By Senators James of the 35th, Brown of the 26th, Ragan of the llth and Johnson of the 2nd:
A resolution commending the Sickle Cell Foundation of Georgia.
SR 443. By Senator Thomas of the 10th:
A resolution commending the Georgia Nurses Association and the professional registered nurses of Georgia.
SR 444. By Senator Harbison of the 15th:
A resolution recognizing and commending Reverend Emmett Aniton.
HR 613. By Representatives Howard of the 118th, Anderson of the 116th, Alien of the 117th and others:
A resolution commending the Godfather of Soul, Mr. James Brown.
The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR Thursday, March 27, 1997
THIRTY-NINTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
*HB 731 Taylor, 12th WEBSTER COUNTY
Amends an Act entitled, "An Act to provide that certain vehicles shall be regis tered 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 li censed 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. (AMENDMENT)

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HB 774 Johnson, E., 1st Johnson, D., 2nd CITY OF SAVANNAH AND CHATHAM COUNTY
Amends an Act relating to the Board of Public Education for the City of Savan nah and the County of Chatham, so as to change the provisions relating to the compensation of the members and chairperson of said board.
HB 938 Bowen, 13th DOOLY COUNTY
Provides a homestead exemption from certain Dooly County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of that county who are 62 years of age or over.
HB 983 Taylor, 12th CITY OF SHELLMAN AND COUNTY OF RANDOLPH
Amends an Act incorporating the City of Shellman in the County of Randolph, so as to change the corporate limits of the city.
HB 990 Madden, 47th MADISON COUNTY
Amends an Act establishing the board of commissioners of Madison County, so as to allow the board to change the day for meetings of the board.
HB 1005 Johnson, E., 1st Johnson, D., 2nd CHATHAM COUNTY
Amends an Act authorizing the governing authority of Chatham County to pro vide an additional supplement to the salaries of each of the judges of the superi or courts of the Eastern Judicial Circuit, so as to provide for an additional sup plement to the salary of the chief judge of the Eastern Judicial Circuit.
HB 1034 Streat, 19th DODGE COUNTY
Amends an Act creating the office of Commissioner of Dodge County, so as to change the composition of the governing authority of Dodge County.
HB 1035 Johnson, E., 1st Johnson, D., 2nd CHATHAM COUNTY
Amends an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide for the option of an in-house attorney.
*HB 1036 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 clerk of the state court. (SUBSTITUTE)

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HB 1040 Middleton, 50th TOWNS COUNTY
Creates the Towns County Recreation Authority and provides for the appoint ment of members of the Authority.
HB 1046 Bowen, 13th CITY OF TIFTON
Amends an Act entitled "An Act to provide a new charter for the City of Tifton," or, in the alternative, that Act introduced during the regular 1997 session of the General Assembly to provide a new charter for the City of Tifton if such Act becomes law, so as to change the corporate limits of the City of Tifton.
HB 1048 Bowen, 13th CITY OF TIFTON
Provides a new charter for the City of Tifton.
HB 1051 Madden, 47th BANKS COUNTY
Amends an Act creating the Banks County board of commissioners, so as to change the compensation of the chairman and other members of the board of commissioners.
HB 1052 Hill, 4th JENKINS COUNTY
Provides for the membership of the Jenkins County Development Authority.
HB 1053 Johnson, E., 1st Johnson, D., 2nd CITY OF SAVANNAH
Amends the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.
The amendment to the following bill was put upon its adoption: *HB 731:
The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 731 by striking lines 27 through 30 of page 1 and inserting in lieu thereof the following:
"County shall be the designated four-month". By inserting on line 32 of page 1, following the words "provided in", the following:
"subparagraph (a)(l)(C) of'. On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was
adopted. The substitute to the following bill was put upon its adoption:
*HB 1036: The Senate State and Local Governmental Operations Committee offered the following
substitute to HB 1036:

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A BILL
To be entitled an Act to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of the clerk of the state court and the coroner; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"SECTION 1.
(a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows:
Tax commissioner........................ $ 53,000.00 per annum Sheriff. .................................... 54,000.00 per annum Clerk of superior court ...................... 50,000.00 per annum Clerk of the state court ...................... 45,000.00 per annum, provided that
if the clerk of the state court also serves as court administrator, such officer shall receive an annual base salary to be fixed by the governing authority of the county at not less than $60,000.00, payable in equal monthly installments from the funds of the county. Judge of the recorder's court ................. 59,500.00 per annum Judge of the probate court ................... 62,000.00 per annum Judge of the juvenile court................... An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court Judge of the state court ..................... An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court Chief magistrate of the magistrate court....... 63,000.00 per annum Magistrate of the magistrate court............ 47,900.00 per annum Coroner.................................... 12,000.00 per annum
(b) The governing authority of Chatham County shall grant each officer and official listed in subsection (a) of this section the same percentage increases in salary that it grants as

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1833

cost-of-living increases to employees of Chatham County. Such increases shall be granted at the same time cost-of-living increases are granted to county employees."

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 50, nays 0, and the substitute was adopted.
The amendment to the following bill was put upon its adoption:

*HB1053:
Senators Johnson of the 1st and Johnson of the 2nd offered the following amendment:
Amend HB 1053 by inserting on page 1 in line 20 between the word "area" and the word "described" in line 21 the following: "in private ownership".
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to.
On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour

Glanton Perdue

Thomas of 54th Thomas of 10th

On the passage of the local bills, the yeas were 50, nays 0.
The bills on the Local Consent Calendar, except HB 731, HB 1036 and HB 1053, hav ing received the requisite constitutional majority, were passed.
HB 731 and HB 1053, having received the requisite constitutional majority, were passed as amended.
HB 1036, having received the requisite constitutional majority, was passed by substitute.

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SENATE RULES CALENDAR Thursday, March 27, 1997
THIRTY-NINTH LEGISLATIVE DAY
HB 211 Aggravated child molestation; certain offenders; chemical castration (SubstituteXJudy--37th) Grindley--35th
HB 100 Criminal trespass; entry onto property; minor unable to give permission (Judy-- 16th) Barnard--154th
HB 557 Georgia Forensic Sciences Act of 1997; enact (Judy--42nd) Skipper--137th
HB 506 Juveniles; certain law enforcement records; maintain same as adult records (Amendment)(Judy--37th) McKinney--51st
HR 296 CA: Georgia Compensation Commission; provide (AmendmentXApprop--18th) Holland--157th
HB 416 Professional counselors; associate professional counselor; licensure (C Aff-- 39th) Martin--47th
HB 463 Sheriffs' Retirement; board invest in certain corporations (SubstituteXRet-- 53rd) Buck--135th
HB 330 Pharmacists and pharmacies; comprehensive revision of provisions (SubstituteXC Aff--47th) Parham--122nd
HB 337 State Employees' Health Insurance Plan; change certain references (Ret--34th) Cummings--27th
HB 340 Firemen's Pension Fund; change name (Ret--34th) Cummings--27th
HB 433 Land surveyors; limit liability (SubstituteXS Judy--56th) Williams--114th
HB 299 Teachers and school personnel; certain change of employment; transfer leave (Ed--52nd) Birdsong--123rd
HB 95 Public Service Commission; election; amend provisions (F&PU--14th) Coleman--142nd
HB 553 Insurance; certain medical benefits; reimbursement (SubstituteXJudy--16th) Barnes--33rd
HB 609 Hotels and motels; excise tax; amend provisions (SubstituteXF&PU--40th) Polak--67th
HB 567 School Safety Act of 1997; enact (AmendmentXJudy--42nd) Porter--143rd
HB 654 Health insurance; amend provisions; comply with certain federal law (I&L-- 29th) Lord--121st
HR 398 Regional development center; ratify boundary (SLGO--G--25th) Jenkins-- 110th
HR 142 Decatur County; convey property (F&PU--llth) Bates--179th
HB 531 Special county 1% sales tax; purposes; include fire-fighting equipment (SubstituteXF&PU--44th) Birdsong--123rd

THURSDAY, MARCH 27, 1997

1835

HB 217 Local governments; annexation; authority of General Assembly (SLGO--G-- 10th) Royal--164th
HB 293 Criminal trials; oath of witnesses; amend (Judy--37th) Martin--47th
HB 238 Physician's assistants; license in lieu of certificate (H&HS--50th) Henson--65th
HB 57 Roofing shingles; disposal; landfill requirements (Substitute) (Nat R--3rd Barnes--33rd
HB 79 Handicapped parking; enforcement personnel; uniforms (Trans--33rd) Hegstrom--66th
HB 383 Education; litigation involving child; define certain term (SubstituteXEd--24th) Ashe--46th
HB 572 Torts; certain punitive damages; remove limitation (SubstituteXJudy--42nd) Teper--61st
HB 333 Firemen's Pension Fund; taxation; change base (Ret--5th) Cummings--27th
HB 62 Driver's license; replacement; fee (Pub Saf--37th) Wiles--34th
HB 233 Insurance fraud against persons 60 and over; penalties (SubstituteXI&L--29th) Heard--89th
HB 84 Intangible tax; distribution of revenue; amend provisions (F&PU--44th) Buck-- 135th
HB 85 Income tax; certain previously taxed income; refundable credits (F & PU--44th) Brick--135th
HB 295 Health; certain injunction cases; exempt from certain supersedeas provisions (Judy--42nd) Lucas--124th
HB 193 Minors; certain willful or malicious acts; liability (SubstituteXJudy--48th) Johnson--84th
HB 644 State symbols; designate official state tartan (SLGO--G--3rd) Dixon--150th
HB 528 Water permit threshold; lower to 10,000 gallons per day (AmendmentXNat R-- 20th) Dixon--150th
HB 309 Elections; certain municipal offices; four year terms (SLGO--G--12th) Greene-- 158th
HB 630 Financial institutions; automated teller machines; fees (B&FI--33rd) Barnes-- 33rd
HB 380 Employees' Retirement; certain law enforcement personnel; normal service re tirement (Ret--34th) Cummings--27th
HB 371 Medical assistance; drug rebates; providers refund (H&HS--47th) Parrish-- 144th
HB 958 House of Representatives; district residency requirements (Reappor--7th) Murphy--18th

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HB 111 Controlled substances; flunitrazepam; penalties (SubstituteXS Judy--47th) Parham--122nd
HB 474 Food service establishments; certain employees; require hair nets (C Aff--55th) Mobley--69th
HB 840 Vandalism to a cemetery or memorial; define offense (SubstituteXS Judy--2nd) Bordeaux--151st
HR 362 "Civics Day"; urge designation by State Board of Education (SubstituteXEd-- 46th) McBee--88th
HB 348 Trial Judges and Solicitors Retirement; mandatory retirement age (Ret--23rd) Crawford--129th
HB 621 Council on Rural Transportation and economic development; continuation (AmendmentXTrans--19th) Sims--167th
HB 15 Special county 1% sales tax; termination; change provisions (F&PU--19th) Royal--164th
HB 673 Law enforcement officers; training; amend provisions (Judy--3rd) Twiggs--8th
HB 185 Tax executions in lot blocks; revise provisions (SubstituteXF&PU--42nd) Skipper--137th
HB 833 Boards of elections; certain counties; repeal Act creating (SLGO--G--30th) Stallings--100th
SR 53 Senate 911 Systems Funding Study Committee--create (Rules--47th)
SR 168 Senate Study Committee on Uninsured Motorists--create (Rules--41st)
SR 185 Coastal Regional Aquarium/Maritime Facility Study Commission--create (AmendmentXNat R--6th)
SR 195 Dairy Production Senate Study Committee--create (Rules--25th)
SR 219 Senate Study Committee on Impact of Temporary Assistance for Needy Fami lies Act on Immigrants and Migrants--create (Rules--10th)
SR 339 Senate Study Committee on Job Training--create (Rules--55th)
HR 82 Waycross-Ware County Charter and Unification Study Committee; create (Rules--7th) Dixon--168th
HR 249 Graduate Medical Education Study Commission; create (Rules--31st) Baker-- 70th
SR 280 Senate Study Committee on State Foster Care and Adoption--re-create (Rules--16th)
SR 291 Senate Shrimp Fishery Study Committee--create (Rules--3rd)
SR 378 Senate Study Committee on Women's Cancer Care Issues--create (Rules-- 52nd)
HR 326 Joint Coastal Ground-water Resources Study Committee; create (Rules--3rd) Hanner--159th

THURSDAY, MARCH 27, 1997

1837

HR 425 Joint Study Committee on Historic Preservation; create (Rules--31st) Porter-- 143rd
SR 360 U.S. Labor Department--urge streamline H2A Program for agricultural em ployers (Ag--20th)
HR 464 Joint Georgia Transportation Study Committee; create (Substitute) (Rules-- 31st) Benefield--96th
HR 492 Metropolitan Atlanta Rapid Transit Authority (MARTA); commend (Trans-- 33rd) McKinney--51st
HB 447 Firearms; pawn transactions; Brady Law applicability (SubstituteXPub Saf-- 19th) Twiggs--8th
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 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.
Senate Sponsor: Senator Clay of the 37th.
The Senate Judiciary Committee offered the following substitute to HB 211:
A BILL
To be entitled an Act to amend Code Section 16-6-4 of the Official Code of Georgia Anno tated, relating to child molestation and aggravated child molestation, so as to provide that the court sentencing a person who has been convicted of a first offense of aggravated child molestation when a victim is 16 years of age or younger at the time of the offense is author ized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate treatment or its chemical equivalent would be effective in changing the defendant's behavior; to provide that under certain conditions such chemical treatment and treatment by a qualified mental health professional may be required as a condition of probation; to provide for treatment prior to release from custody; to provide that a defendant sentenced to probation who is required to undergo such treatment and who is not in custody shall be returned to custody for such treatment; to provide that no such treatment shall be administered until such person has consented thereto in writing; to provide procedures for the administration of treatment; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the grants of pardons, paroles, and other relief, so as to provide that the Board of Par dons and Paroles may require as a condition of parole that a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional; to provide for adminis tration of the treatment by the State Board of Pardons and Paroles; to require the Depart ment of Corrections to permit medical access to persons required to receive such treatment;

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JOURNAL OF THE SENATE

to require informed consent before the administration of such treatment; to provide that certain persons may refuse to administer such treatment; to provide that any physician or qualified mental health professional who acts in good faith in compliance with the provi sions of this Act in the administration of treatment or provision of counseling provided for in this Act shall be immune from civil or criminal liability for his or her actions in connec tion with such treatment; to provide that while undergoing treatment under this Act, a person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services; 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 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following:
"(d)(l) A person convicted of the offense of aggravated child molestation shall be punishecTby imprisonment for not less than ten nor more than 30 years. Any person con victed under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-106.1 and 17-10-7.
(2) The court sentencing a person who has been convicted of a first offense of aggra vated child molestation when the victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psycEiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical treatment or its equivalent would be effective in changing the defendant's behavior. If it is determined by a qualified mental health professional that such treatment would Ee effective, the court may require, as a condition of probation and upon provisions arranged between the court and the defendant, the defendant to undergo medroxy progesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. In case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is uTthe custody of a law enforcement agency or confined in a jail at the time of sentenc ing, when he or she becomes eligible for probation, such person shall begin medrox yprogesterone acetate treatment and counseling prior to his or her release from custody or confinement. A person sentenced to probation who is required to undergo such treatment and who is not in the custody of a law enforcement agency or confined m" a jail at the time of sentencing shall be taken into custody or confined until treat ment can begin. Additional treatment may continue after such defendant's release from custody or confinement until the defendant demonstrates to the court that such treatment is no longer necessary. No such treatment shall be administered until such person has consented to the treatment in writing. The administration of the treatment sEall conform to the procedures and conditions set out in subsection (c) of Code Section 42-9-44.2.
(3) Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section and subsection (c) of Code Section 2-9-44.2 in the administration of treatment or provision of counseling provided for in tEis Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment or counseling."
SECTION 2.
Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the grants of pardons, paroles, and other relief, is amended by adding between Code Sections 42-9-44.1 and 42-9-45 a new Code section to be designated Code Section 42-9-44.2 to read as follows:

THURSDAY, MARCH 27, 1997

1839

"42-9-44.2.
(a) The Board of Pardons and Paroles may in the exercise of its discretion in considering the grant of parole to a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense require, as a condition of parole, that such person undergo medroxyprogesterone acetate treatment or its chemi cal equivalent. While undergoing such treatment, such person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services. No such treatment shall be administered until such person has consented thereto in writing.
(b) A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin such treatment prior to his or her release from confinement in the state correctional institution or other institution, but additional treatment may continue after such defendant's release on pa role until the defendant demonstrates to the board that such treatment is no longer necessary.
(c) The provision of treatment required as a condition of parole shall be administered by the State Board of Pardons and Paroles through licensed medical personnel employed by the defendant and approved by the board. Any physician or qualified mental health pro fessional who acts in good faith in compliance with the provisions of this Code section in the administration of treatment or provision of counseling provided for in this Code sec tion shall be immune from civil or criminal liability for his or her actions in connection with such treatment. The Department of Corrections shall permit access by such li censed medical personnel for such purpose to any person required to begin the treatment and counseling while confined in a facility of the department. The medical personnel utilized or approved by the board shall be required to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to treatment under this Code section shall acknowledge in writing the receipt of this information."
SECTION 3.
Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall be come 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 Senate Judiciary Committee substitute to HB 211 by adding on line 19 of page 1 between the word "person" and the word "has" the following:
"has been fully informed of the side effects of hormonal chemical treatment and".
By adding on line 14 of page 3 between the word "person" and the word "has" the following:
"has been fully informed of the side effects of hormonal chemical treatment and".
On the adoption of the amendment, the yeas were 39, nays 0, and the Clay amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.

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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 Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Walker

Not voting were Senators Abernathy and Thomas of the 54th.

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 100. By Representatives Barnard of the 154th, Williams of the 63rd, Smith of the 175th and Thomas of the 148th:

A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to pro vide that a minor may not give permission for lawful entry onto the property or premises of the minor's parent or guardian in certain circumstances.
Senate Sponsor: Senator Land of the 16th.

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

Those voting in the affirmative were Senators:

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

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

Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley

THURSDAY, MARCH 27, 1997

1841

Taylor Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Brush Crotts Fort

James Johnson of 1st Perdue

Thomas of 54th Thomas of 10th Walker

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Fort of the 39th introduced the doctor of the day, Dr. Dan Byrd, of Atlanta, Georgia. The following bill was taken up to consider House action thereto:

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.
Senator Ragan of the llth moved that the Senate insist on its amendment to HB 426.
On the motion, the yeas were 33, nays 1; the motion prevailed, and the Senate insisted on its amendment to HB 426.
The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
HOUSE SUBSTITUTE TO SENATE BILL 25

A BILL
To be entitled an Act 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 change certain provisions relating to the qualifications of the state school superintendent; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to the state school superintendent, is amended by striking in its entirety Code Section 20-2-31, relating to qualifications of the state school superintendent, and inserting in lieu thereof the following:
"20-2-31.
To render a person eligible to hold the office of State School Superintendent, he or she shall be a peisun uf guud muial chaiactbi, of high educational standing, have had at least thiee .yeaib' piaclkal expel ieiice as a teacher, hold a five-year four-year degree from an accredited college or university and possess the same qualifications as required for a

1842

JOURNAL OF THE SENATE

local school superintendent, and bu at least 25 yuais uf age. No person who has been convicted of any crime involving moral turpitude shall be eligible to hold the office of State School Superintendent."

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.
Senator Oliver of the 42nd moved that the Senate disagree to the House substitute to SB 25.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Broun of 46th Brown of 26th Crotts Egan Fort Glanton Griffin

Harbison Henson Hill Hooks Huggins Johnson of 2nd Kemp Land Langford Middleton

Oliver Scott Starr Stokes Taylor Thomas of 10th Thompson Tysinger Walker

Those voting in the negative were Senators:

Abernathy Brush Burton Cagle Cheeks Clay Dean Gillis

Gochenour Guhl Johnson of 1st Lamutt Madden Marable Price of 28th Price of 56th

Ragan Ralston Ray Roberts Streat Tanksley Thomas of 54th Turner

Those not voting were Senators:

Bowen

James

Perdue

On the motion, the yeas were 29, nays 24; the motion prevailed, and the Senate dis agreed to the House substitute to SB 25.
The Calendar was resumed.

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.
Senate Sponsor: Senator Oliver of the 42nd.
Senator Thompson of the 33rd offered the following amendment:
Amend HB 557 by adding on line 35 of page 1 between the word "transportation" and the semicolon the following:

THURSDAY, MARCH 27, 1997

1843

"in certain cases".
By striking lines 20 through 24 on page 14 and inserting the following:
"for payment of fees incurred by the medical examiner. Subject to funds being appropri ated or otherwise available for such purpose, the chief medical examiner shall provide transportation of the deceased person to the site of the autopsy, if such autopsy is to be performed by a state or regional medical examiner employed by the state, and to return the body to the county where the death occurred."
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush 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 Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen James

Perdue Starr

Taylor

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following resolution was read and adopted:

SR 445. By Senators James of the 35th, Walker of the 22nd, Johnson of the 2nd and others:
A resolution commending the Godfather of Soul, Mr. James Brown.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

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JOURNAL OF THE SENATE

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 Speaker has appointed on the part of the House, Representatives Childers of the 13th, Smith of the 169th and O'Neal of the 75th.
The House has disagreed to the Senate substitutes to the following bills of the House:
HB 663. By Representatives Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and others:
A bill to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for designa tion of state enterprise zones.
HB 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission.
The House has disagreed to the Senate amendment to the House substitute to the following bill of the Senate:
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 following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
The Calendar was resumed.

THURSDAY, MARCH 27, 1997

1845

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.
Senate Sponsor: Senator Clay of the 37th.

The Senate Judiciary Committee offered the following amendment:
Amend HB 506 by striking lines 4 and 5 of page 1 and inserting in lieu thereof the following:
"records and files involving offenses under the exclusive jurisdiction of the superior court shall be kept".
By striking line 13 through 22 of page 1 and inserting in lieu thereof the following:
"amended by inserting a new subsection to be designated subsection (e) to read as follows:
'(e) Any law enforcement records and files involving an offense over which the superior court shall have exclusive jurisdiction as provided in paragraph (2) of subsection (b) of Code Section 15-11-5 shall be kept and reported in the same manner as the records and files of adults."'
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour 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 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:

Bowen

James

Taylor

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

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JOURNAL OF THE SENATE

HR 296. By Representatives Walker of the 141st, Smyre of the 136th, Lee of the 94th, Skipper of the 137th, Holland of the 157th and others:
Senate Sponsor: Senator Perdue of the 18th.
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a Georgia Compensation Commission with the authority to fix the compensation of certain public officers and such other state officers as may be provided for by law; to provide for submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article IV of the Constitution is amended by adding at its end a new Section VIII to read as follows:
"SECTION VIII.
GEORGIA COMPENSATION COMMISSION
Paragraph I. Powers and duties. The Georgia Compensation Commission shall set the salaries of the Governor; the Lieutenant Governor and the Speaker of the House of Rep resentatives which shall be uniform; the Justices of the Supreme Court; the Judges of the Court of Appeals; the members of the General Assembly, which shall be uniform for all members, and any additional salaries for the officers of the General Assembly who are members of the General Assembly; the members of the Public Service Commission; the members of the State Board of Pardons and Paroles; the constitutional officers who are elected state wide; the superior court judges; the district attorneys; and such other of ficers of state government as may be provided for by general law. The Georgia Compen sation Commission shall also set the amount of per diem compensation, if any, to be received by such officers.
Paragraph II. Membership, (a) The commission shall be composed of 18 members who shall serve for terms of four years commencing December 1, 1998, and quadrennially thereafter. Each member shall serve until his or her successor has been appointed and qualified. Six members shall be appointed by the Governor. Three members shall be appointed by the Lieutenant Governor, one of whom shall be selected from a list of at least three names provided by the political party electing the second highest number of members of the Senate at the most recent general election. Three members shall be appointed by the Speaker of the House of Representatives, one of whom shall be selected from a list of names provided by the political party electing the second highest number of members of the House of Representatives at the most recent general election. Three members shall be appointed by the Supreme Court and three members by the Court of Appeals. Appointments shall be made not later than November 30, 1998, and every fourth year thereafter. Should any vacancy on the commission occur from death, resig nation, or otherwise, the appointing authority shall appoint a successor member to serve during the unexpired term.
(b) In selecting members of the commission, each appointing authority shall seek to ap point members who have substantial experience in positions of responsibility in private industry, in the management of businesses, and in personnel management. The mem bers of the commission shall be guided in setting the salaries by the levels of compensa tion that will attract and maintain qualified individuals in public service, as well as by the fact that public salaries must be financed through tax dollars paid by the state's citizens and businesses.
(c) No member of the commission shall hold any other public office or public employment. No member shall be a lobbyist as such term is defined by general law. The members of

THURSDAY, MARCH 27, 1997

1847

the commission shall receive no salary for their service on the commission but may be reimbursed as provided by law for expenses incurred in the service of the commission.
Paragraph III. Manner of fixing compensation, (a) The commission shall no later than December 31 of 1998 and each subsequent even-numbered year thereafter fix the sala ries and per diem committed to its jurisdiction under Paragraph I of this section; pro vided, however, that the commission shall report the salaries to the Governor and the General Assembly on the first day of the first regular session of the General Assembly in odd-numbered years. Neither the General Assembly nor any other officer or entity of state government shall have the authority to change or vary the amounts so fixed by the commission except as provided in this Paragraph. The salaries so fixed by the commis sion shall become effective unless within the first ten days of the first regular session of the biennium both houses of the General Assembly veto such action by resolution adopted by a majority of the members elected to each house. The presiding officers shall call such resolution for a vote on the floor of each chamber within the first ten legislative days. This section, however, shall not prohibit laws and other actions affecting the reim bursement of actual expenses incurred in public service by officers whose compensation is subject to the jurisdiction of the commission or laws and other actions defining retire ment benefits, insurance benefits, and other employment benefits to be provided to such officers.
(b) The commission shall biennially make a study of the compensation currently being paid by the state to the officers whose compensation is subject to its jurisdiction; and the commission shall compare such compensation with that currently being received by of ficers and employees serving in comparable positions with the federal government, this state, other states, and local governments and in industry, business, and the professions. The compensation fixed by the commission shall be based upon such study and on the principles stated in subparagraph (b) of Paragraph II of this section.
Paragraph IV. Enactment of laws. Except as specifically provided otherwise in subpara graph (a) of Paragraph III of this section, the General Assembly may enact general laws providing for the administration of the affairs of the commission and other general laws in aid of this section. The General Assembly may from time to time provide for other public officers' compensation to be fixed by the commission and may likewise from time to time withdraw any such other public officers' compensation from the jurisdiction of the commission, but the General Assembly shall not withdraw from the jurisdiction of the commission the compensation of the officers specifically provided for in Paragraph I of this section."
SECTION 2.
Article III, Section IV of the Constitution is amended by striking Paragraph VI and in serting in its place a new Paragraph VI to read as follows:
"Paragraph VI. Salaries. The members of the General Assembly shall receive such sal ary and per diem allowance as shall be provided for by law, provided thai iiu mcibabe in
ctmai^ jsliall uccumc cilcCLivc piiui Lu Llic cnu ul Lilt: lt;nu uuiing wlnuli suuli uliaiigc i
made in Article IV, Section VIII of this Constitution and may receive employment bene fits and be reimbursed for actual expenses as provided by law."
SECTION 3.
Article IV, Section VII of the Constitution is amended by striking Paragraph I and in serting in its place a new Paragraph I to read as follows:
"Paragraph I. Qualifications, compensation, and removal from office. The qualifications; ccimpeiisaUuii, and removal from office of members of constitutional boards and commis sions provided for in this article shall be as provided by law. The compensation of mem bers of constitutional boards and commissions provided for in this article shall be as provided for in Section VIII of this article for those boards and commissions subject to the Georgia Compensation Commission and otherwise shall be as provided by law."

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JOURNAL OF THE SENATE

SECTION 4.
Article V, Section I of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. Persons holding the office of Governor may succeed themselves for one four-year term of office. Persons who have held the office of Governor and have suc ceeded themselves as hereinbefore provided shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided by law in Article TV, Section VIII of this Constitution."
SECTION 5.
Article V, Section I of the Constitution is further amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:
"Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such execu tive duties as prescribed by the Governor and as may be prescribed by law not inconsis tent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law in Article IV, Section VIII of this Constitution."
SECTION 6.
Article VI, Section VII of the Constitution is amended by striking Paragraph V and in serting in its place a new Paragraph V to read as follows:
"Paragraph V. Compensation and allowances of judges. All judges shall receive compen sation and allowances as provided by law, except that the compensation of the Justices of the Supreme Court, the Judges of the Court of Appeals, and superior court judges shall be fixed as provided in Article IV, Section VIII of this Constitution.--ctmrrty County sup plements are hereby continued and may be granted or changed by the General Assembly. County governing authorities which had the authority on June 30, 1983, to make county supplements shall continue to have such authority under this Constitution. An incum bent's salary, allowance, or supplement shall not be decreased during the incumbent's term of office."
SECTION 7.
Article VI, Section VIII, Paragraph I of the Constitution is amended by striking subparagraph (c) and inserting in lieu thereof the following:
"(c) The district attorneys shall receive such compensation and allowances as provided by faw in Article IV, Section VIII of this Constitution and shall be entitled to receive such local supplements to their compensation and allowances as may be provided by law."
SECTION 8.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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1849

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 a Georgia Compensa) NO tion Commission and to remove from the General Assembly the authority to
fix the compensation of the Governor, the Lieutenant Governor, the members and officers of the General Assembly, the members of the Public Service Com mission, the members of the State Board of Pardons and Paroles, the constitu tional officers elected state wide, the superior court judges, and the district attorneys and to place such authority in the compensation commission, sub ject to a veto by both houses of the General Assembly?"
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 and shall take effect as provided in Article X, Section I, Paragraph VI of the Constitution.
The Senate Appropriations Committee offered the following amendment:
Amend HR 296 by striking line 26 of page 3 and inserting in lieu thereof the following:
"Paragraph V. Enactment of laws. Except as specifically".
By inserting between lines 25 and 26 of page 3 the following:
"Paragraph IV. Review of employment termination. The commission shall have the au thority and duty to review each termination of the employment of a state employee sub ject to the involuntary separation provisions of Code Section 47-2-123 of the Official Code of Georgia Annotated. Such review shall be made in the manner and under such condi tions as provided by general law. No such employee shall be separated from employment without the approval of the commission."
On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Crotts Dean Egan Fort Gillis

Griffin Harbison Henson Hill Hooks Huggins Johnson of 2nd Kemp Langford Madden Marable Middleton

Oliver Perdue Ragan Scott Starr Stokes Streat Taylor Thomas of 10th Turner Walker

Those voting in the negative were Senators:

Balfour Burton Glanton Gochenour Guhl

Lamutt Price of 28th Price of 56th Ralston

Ray Tanksley Thomas of 54th Tysinger

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JOURNAL OF THE SENATE

Those not voting were Senators:

Brush Cagle Clay

James Johnson of 1st Land

Roberts Thompson

On the adoption of the resolution, the yeas were 35, nays 13.
The resolution, having failed to receive the requisite two-thirds constitutional major ity, was lost.
Senator Perdue of the 18th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HR 296. The President set the time for recon sideration after lunch.
At 12:00 P.M., the President announced that the Senate would stand in recess until 1:30 P.M.
Senator Starr of the 44th called the Senate to order at 1:30 P.M.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

HB 1060. By Representative Smith of the 169th:
A bill to amend an Act re-creating the Board of Commissioners of Bacon County, so as to give to the chairman of the Board of Commissioners a vote on all mat ters.

HB 1061. By Representative Jenkins of the 110th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Jasper County and providing in lieu thereof an annual salary, so as to provide for the appointment of a chief deputy sheriff.

HB 1062. By Representative Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Patterson, so as to change the corporate limits of the city.

HB 1063. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to amend an Act to provide for the election of the members of the board of education of Laurens County from single-member districts, so as to provide for nonpartisan elections of the members of the board of education.

HB 1064. By Representatives Evans of the 28th and Breedlove of the 85th:
A bill to amend an Act creating the State Court of Forsyth County, so as to change provisions relating to terms of court; to eliminate provisions for a judge pro hac vice.

HB 1068. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to provide a board of elections for Turner County," so as to provide that the chairperson of such board may be appointed as the chief registrar.

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SB 398. By Senator Crotts of the 17th:
A bill to amend an Act entitled "An Act to provide for the election of the Butts County Board of Education," as amended, so as to provide for nonpartisan elec tions of the members of the board of education.
SB 399. By Senator Dean of the 31st:
A bill to amend an Act providing a new Board of Education for Polk County, as amended, so as to provide for the compensation and expenses of the members of the board of education.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
SB 397. By Senator Boshears of the 6th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, as amended, so as to provide for a vacancy in the office of chairperson; to provide for additional compensation for the acting chairperson; to require the commis sioners to give bond conditioned on the faithful discharge of the duties of the county commissioners; to provide for the payment for such bonds.
The House insists on its position in substituting the following bill of the Senate:
SB 91. By Senators Gillis of the 20th, Marable of the 52nd, Henson of the 55th and others:
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 House insists on its position in disagreeing to the Senate amendments and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
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.
The Speaker has appointed on the part of the House, Representatives Martin of the 47th, Barnes of the 33rd and Porter of the 143rd.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 963. By Representatives Crawford of the 129th, Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that circuit.

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JOURNAL OF THE SENATE

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 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 House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:
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 Speaker has appointed on the part of the House, Representatives Lee of the 94th, Skipper of the 137th and Hudson of the 156th.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.
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.

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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.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 16. By Senators Hooks of the 14th, Egan of the 40th, Taylor of the 12th and others:
A bill to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relating to education, so as to desig nate Plains High School as the official Georgia state school.
SB 146. By Senators Henson of the 55th, Burton of the 5th, Oliver of the 42nd and others: 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 House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
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.
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 following bills were read the first time and referred to Committee:
HB 1060. By Representative Smith of the 169th:
A bill to amend an Act re-creating the Board of Commissioners of Bacon County, so as to give to the chairman of the Board of Commissioners a vote on all mat ters.
Referred to State and Local Governmental Operations Committee.
HB 1061. By Representative Jenkins of the 110th:
A bill to amend an Act abolishing the fee system of compensating the sheriff of Jasper County and providing in lieu thereof an annual salary, so as to provide for the appointment of a chief deputy sheriff.
Referred to State and Local Governmental Operations Committee.
HB 1062. By Representative Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Patterson, so as to change the corporate limits of the city.
Referred to State and Local Governmental Operations Committee.
HB 1063. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to amend an Act to provide for the election of the members of the board of education of Laurens County from single-member districts, so as to provide for nonpartisan elections of the members of the board of education.

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Referred to State and Local Governmental Operations Committee.
HB 1064. By Representatives Evans of the 28th and Breedlove of the 85th:
A bill to amend an Act creating the State Court of Forsyth County, so as to change provisions relating to terms of court; to eliminate provisions for a judge pro hac vice.
Referred to State and Local Governmental Operations Committee.
HB 1068. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to provide a board of elections for Turner County," so as to provide that the chairperson of such board may be appointed as the chief registrar.
Referred to State and Local Governmental Operations Committee.
The Calendar was resumed.
HB 416. By Representatives Martin of the 47th, Henson of the 65th, and Jones of the 71st:
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. Senate Sponsor: Senator Fort of the 39th.
Senators Oliver of the 42nd and Fort of the 39th offered the following amendment: Amend HB 416 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following:
"To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and business, so as to amend Chapter 44 to change provisions regarding license requirements for the practice of speech-language pathology and audiology; to amend Chapter 10A, re lating to professional counselors,". By redesignating Sections 3 and 4 as Sections 4 and 5 and by inserting between lines 27 and 28 of page 3 the following:
"SECTION 3.
Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 4344-7, relating to license requirements for the practice of speech-language pathology or audi ology, and inserting in its place a new paragraph (1) to read as follows:
'(b)(l) Licensure is not required of a speech-language pathologist certified by the Depart ment of Education or Professional Standards Commission or successor agency while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a private third party.'"
On the adoption of the amendment, the yeas were 37, nays 1, and the Oliver, Fort amendment to HB 416 was adopted.
Senator Walker of the 22nd offered the following amendment: Amend HB 416 by adding after the first semicolon on line 9 of page 1 the following:
"to change the exception for certain persons providing services to individuals with disa bilities or employed by agencies or departments of the state or its political subdivisions;". By renumbering Sections 2 through 4 as Sections 3 through 5 respectively and inserting a new Section 2 to read as follows:

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"SECTION 2.

Said chapter is further amended by striking subparagraph (b)(3)(A) of said Code Section 43-10A-7 and inserting in its place a new subparagraph to read as follows:
'(3)(A) Persons who, prior to July 1, 1997 July 1, 2000, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department.'"
On the adoption of the amendment, the yeas were 30, nays 2, and the Walker amend ment to HB 416 was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

Gochenour 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 Ray Roberts Scott Tanksley Thomas of 54th Thompson Turner Tysinger Walker

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Abernathy Blitch Bowen Griffin

Middleton Ralston Starr (presiding) Stokes

Streat Taylor Thomas of 10th

On the passage of the bill, the yeas were 44, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
The following bill was taken up to consider House action thereto:

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.

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Senator Gillis of the 20th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following Senators: Gillis of the 20th, Streat of the 19th and Broun of the 46th.
The following bill was taken up to consider House action thereto:
SB 69. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend Code Section 42-8-101 of the Official Code of Georgia Annotated, relating to the County and Municipal Probation Advisory Council, so as to pro vide for the designation of the municipal court judge member.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to change the provi sions relating to the membership of the County and Municipal Probation Advisory Council; to change the provisions relating to quarterly reports to judges and the County and Munici pal Probation Advisory Council by private corporations, enterprises, or agencies con tracting to provide probation services; to provide for inspection of records by the council; to change the provisions relating to confidentiality of records; to change the provisions relat ing to registration with the council and the information provided with registration; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, is amended by striking subsection (a) of Code Section 42-8-101, relating to the County and Municipal Probation Advisory Council, and inserting in its place the following:
"(a) There is created the County and Municipal Probation Advisory Council, to be com posed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge appointed by the Guveiuui designated by the Council of Municipal Court Judges of Georgia, one sheriff appointed by the Governor, one probate court judge designated by The Council of Probate Court Judges of Georgia, one magis trate designated by the Council of Magistrate Court Judges, the commissioner of correc tions or his or her designee, one public probation officer appointed by the Governor, one private probation officer or individual with expertise in private probation services by vir tue of his or her training or employment appointed by the Governor, one mayor or mem ber of a municipal governing authority appointed by the Governor, and one county commissioner appointed by the Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit op erating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall

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promulgate rules and regulations regarding contracts or agreements for probation serv ices and the conduct of business by private entities providing probation services as au thorized by this article."
SECTION 2.
Said article is further amended by striking Code Section 42-8-103, relating to quarterly reports to judges and the County and Municipal Probation Advisory Council by private corporations, enterprises, or agencies contracting to provide probation services, and in serting in its place the following:

(a) Any private corporation, enterprise, or agency contracting to provide probation serv ices under the provisions of this article shall provide to the judge with whom the contract was made and the County and Municipal Probation Advisory Council a quarterly report summarizing the number of offenders supervised by the private corporation, enterprise, or agency; the amount of fines, statutory surcharges, and restitution collected; and the number of offenders for whom supervision or rehabilitation has been terminated and the reason for the termination, in such detail as the council may require.
(b) All records of any private corporation, enterprise, or agency contracting to provide services under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, or court, or the Depart ment of Audits and Accounts, or the County and Municipal Probation Advisory Council."
SECTION 3.
Said article is further amended by striking subsection (a) of Code Section 42-8-106, relating to confidentiality of records, and inserting in lieu thereof the following:
"(a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, enterprise, or agency contracting under the provi sions of this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particu lar case, or the Department of Audits and Accounts, or the County and Municipal Proba tion Advisory Council."
SECTION 4.
Said article is further amended by striking subsection (a) of Code Section 42-8-107, relating to registration with the County and Municipal Probation Advisory Council, and inserting in lieu thereof the following:
"(a) All private corporations, enterprises, and agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council before entering into any contract to provide services. The information included in such registration shall bglimittid to include the name of the corporation, enterprise, or agency, its principal business address and telephone number, and the name of its agent for communication, with the County and Municipal Piobatiun Advisory Cuuncil and other information in such detail as the council may require. No registration fee shall be required."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Dean of the 31st moved that the Senate agree to the House substitute to SB 69.

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

Those voting in the affirmative were Senators:

Balfour

Boshears

Bowen

Broun of 46th

Brown of 26th

Brush

Burton

Cagle

Cheeks

Clay

Crotts

Dean

t

Egan

Fort

Gillis

Gochenour Guhl Harbison Henson Hill 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 Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch Glanton Griffin

Hooks Perdue Scott Starr (presiding)

Stokes Streat Taylor

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 69.

The following bill was taken up to consider House action thereto:

HB 663. By Representatives Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and Skipper of the 137th:
A bill to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for designa tion of state enterprise zones.

Senator Thompson of the 33rd moved that the Senate insist on its substitute to HB 663.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 663.
Senator Kemp of the 3rd moved that Senator Taylor of the 12th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Taylor was excused.
The following bill was taken up to consider House action thereto:
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.

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Senator Madden of the 47th moved that the Senate adhere to its amendment to the House substitute to SB 209 and that a Conference Committee be appointed.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following Senators: Madden of the 47th, Henson of the 55th and Price of the 56th.
The Calendar was resumed.

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 Cpde 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. Senate Sponsor: Senator Huggins of the 53rd.
The following Fiscal Notes, as required by law, were read by the Secretary:

DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 January 21, 1997
The Honorable Thomas B. Buck, III State Representative State Capitol, Room 132 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 463 (LC 21 4156)
Dear Representative Buck:
This bill would authorize the board of trustees of the Sheriffs' Retirement Fund of Georgia to invest the fund's assets in certain corporations or in obligations of corporations, provided the corporation has a market capitalization equivalent to $100 million. The board would still be required to adhere to all existing laws regarding the investment of funds. This is to certify that this retirement bill is a nonfiscal bill as defined in the Public Retire ment Systems Standards Law.
Sincerely, /s/ Claude L. Vickers
State Auditor

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DEPARTMENT OF AUDITS AND ACCOUNTS
254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 February 25, 1997
The Honorable Don Cheeks, Chairman Senate Retirement Committee State Capitol, Room 121-E Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 463 (Substitute) (LC 21 4502S)
Dear Chairman Cheeks:
This bill would revise the investment provisions for the Georgia Firemen's Pension Fund, the Judges of the Probate Courts Retirement Fund, the Sheriffs' Retirement Fund of Georgia, and the Peace Officers' Annuity and Benefit Fund. Specifically, this bill would authorize the board of trustees for each of these retirement systems to invest in corpora tions or in obligations of corporations organized under the laws of this state, any other state, or any foreign county provided the corporation has a market capitalization equivalent to $100 million.
This is to certify that this substitute retirement bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor
The Senate Retirement Committee offered the following substitute to HB 463:
A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the boards of trustees of certain retire ment systems may invest in certain corporations; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (b) of Code Section 47-7-23, relating to the powers and duties of the board of trustees of the Georgia Firemen's Pension Fund, and inserting in lieu thereof the following:
"(b) The board shall have the full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments; pro vided, however, that the board may invest in corporations or in obligations of corpora tions organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. The board shall be authorized to invest no more than 50 percent of the funds or assets in equities. Subject to such terms, conditions, limitations, and restric tions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and money belonging to the fund."

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SECTION 2.
Said title is further amended by striking in its entirety subsection (b) of Code Section 4711-23, relating to the powers and duties of the board of commissioners of the Judges of the Probate Courts Retirement Fund, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the state upon domestic life insurance companies in the making and disposing of their investments; pro vided, however, that the board may invest in corporations or in obligations of corpora tions organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 3.
Said title is further amended by striking in its entirety subsection (a) of Code Section 4716-26, relating to the power of the board of commissioners of the Sheriffs' Retirement Fund of Georgia, and inserting in lieu thereof the following:
"(a) The board shall have control over the funds provided for in this chapter, authority to expend such funds in accordance with this chapter, and authority to invest the funds in investments which would be permissible for domestic life insurance companies under the laws of this state except; provided, however, that the board may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country but only if the corporation has a market capitali zation equivalent to $100 million; and provided, further, that the board may invest not more than 50 percent of the assets of the retirement fund in common stocks and equities."
SECTION 4.
Said title is further amended by striking in its entirety subsection (b) of Code Section 4717-23, relating to the powers and duties of the board of commissioners of the Peace Officers' Annuity and Benefit Fund, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments; pro vided, however, that the board may invest in corporations or in obligations of corpora tions organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to 100 million; and provided, further, except that the board may invest not more than 50 percent of the assets of the fund in common stocks and equities. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 5.
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 6.
All laws and parts of laws in conflict with this Act are repealed.
Senators Cheeks of the 23rd and Huggins of the 53rd offered the following amendment:

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Amend the Senate Retirement Committee substitute to HB 463 by inserting on line 25 of page 1, line 38 of page 2, and line 15 of page 3, in each instance between the word "equities" and the symbol ".", the following:
"and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada"

By inserting on line 19 of page 2 between the word "fund" and the symbol ".", the following:

"; provided, however, that the board may invest not more than 50 percent of the assets of the retirement fund in common stocks and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a coun try other than the United States or Canada".

On the adoption of the amendment, the yeas were 33, nays 0, and the Cheeks, Huggins amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the 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 Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton

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

Middleton Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Stokes Tanksley Thomas of 54th Thomas of 10th Turner Tysinger

Voting in the negative was Senator Ragan.

Those not voting were Senators:

Bowen Brush Fort Griffin

James Johnson of 2nd Perdue Starr (presiding)

Streat Taylor (excused) Thompson Walker

On the passage of the bill, the yeas were 43, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.

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The following communication was received by the Secretary:
THE STATE SENATE Atlanta, Georgia 30334
March 28, 1997
The Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Mr. Secretary:
As you know, House Bill 463 passed the Senate on March 27, 1997, by a 43-1 vote. That one "nay" was mine; however, it was not my position.
I obviously inadvertently touched the "no" button and was unaware that happened until it was called to my attention by Senator "Sonny" Huggins.
Please let the record so reflect.
Sincerely, /s/ Harold J. Ragan
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.
Senate Sponsor: Senator Madden of the 47th.
The Senate Consumer Affairs Committee offered the following substitute to HB 330:
A BILL
To be entitled an Act to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to revise the laws relating to pharmacists and pharma cies; to provide for a short title; to provide for legislative intent and purpose; to provide for definitions; to provide for the Georgia State Board of Pharmacy and its composition, pow ers, duties, vacancies, organization, meetings, voting, quorum, and conflicts; to provide for enforcement and for rules and regulations; to provide for members and their qualifications, compensation, oaths, terms, and removal; to provide for duties and powers of the jointsecretary of the state licensing boards; to provide for certificates; to provide for the Georgia Drugs and Narcotics Agency and the administrative assignment, director, employees, du ties, powers, and compensation thereof; to provide for notice and hearings; to provide for certain duties of sheriffs and prosecutors; to provide for legislative construction; to prohibit certain unlicensed practices; to require the licensing of pharmacists and pharmacy interns and provide the conditions and procedures relating thereto; to provide for license transfers, for licensing of foreign pharmacy graduates, for temporary licenses and license renewal and reinstatement; to provide for pharmacy assistants; to provide for continuing education; to provide for drug researcher permits; to provide for sanctions against license applicants and holders and penalties therefor; to prohibit the practice of pharmacy without a license and provide penalties therefor; to provide for fees; to provide for prescription drug orders; to provide for refills; to provide for dispensing without a prescription under certain condi tions; to provide for drug substitutions; to provide for dispensing drugs; to provide for phar macy technicians; to provide for patient records and the duties of pharmacists relating thereto; to provide for patient counseling; to provide for compounding practices; to provide

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for storage, handling, and dispensing of drugs; to prohibit vending machine sale or dispens ing of drugs and provide a penalty; to require the licensing of pharmacies and the condi tions and procedures relating thereto; to prohibit the use of certain titles; to provide for pharmacy standards; to prohibit certain unlicensed persons from engaging in certain trans actions involving drugs; to provide for sanctions and penalties regarding pharmacy licenses and unlicensed practice; to provide for special pharmacy permits; to provide for the regis tration of drug wholesalers, distributors, suppliers, and reverse drug distributors; to pro hibit certain conduct and practices and require compliance with certain standards by pharmacists, pharmacies, pharmacy interns, and pharmacy technicians; to provide for drugs for emergency service providers; to provide for injunctions; to provide for dispensing drugs and other actions relating to drugs by practitioners of the healing arts; to provide for the examination of items to determine whether they are adulterated or misbranded and provide for actions relating thereto; to provide for third party prescription programs and a short title, findings, and definitions; to provide for program submissions and duties of the Commissioner of Insurance; to provide for program requirements, claims, administrators, and liability for use of cards for cancelled programs; to provide for criminal and civil penal ties; to provide for the sale of poisons and records, prescriptions, and penalties relating thereto; 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 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Chapter 4 thereof, relating to pharmacists and pharmacies, and in serting in its place the following:
"CHAPTER 4
ARTICLE 1
26-4-1.
This chapter shall be known and may be cited as the 'Georgia Pharmacy Practice Act.' 26-4-2.
The practice of pharmacy in this state is declared to be a learned profession and the practice of pharmacy affects the public health, safety, and welfare and is subject to regu lation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy in this state as a learned profession, as defined in this chapter, should merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy to ensure the quality of drugs and related devices distributed in this state. This chapter shall be liber ally construed to carry out these objectives and purposes. 26-4-3.
It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, control, and regulation of all sites or persons, in or out of this state that distribute, manufacture, or sell drugs or devices used in the dispensing and administration of drugs within this state; and the regulation and control of such other materials as may be used in the diagnosis, treatment, and prevention of injury, illness, and disease of a patient or other individual. 26-4-4.
The 'practice of pharmacy' means the interpretation, evaluation, or dispensing of pre scription drug orders in the patient's best interest; participation in drug and device selec tion, drug administration, drug regimen reviews, and drug or drug related research; provision of patient counseling and the provision of those acts or services necessary to

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provide pharmacy care; and the responsibility for compounding and labeling of drugs and devices.
26-4-5.
As used in this chapter the term:
(1) 'Administer' or 'administration' means the provision of a unit dose of medication to an individual patient as a result of the order of an authorized practitioner of the heal ing arts.
(2) 'Board of pharmacy' or 'board' means the Georgia State Board of Pharmacy.
(3) 'Brand name drug" means the proprietary, specialty, or trade name used by a drug manufacturer for a generic drug and placed upon the drug, its container, label, or wrapping at the time of packaging.
(4) Reserved.
(5) 'Compounding' means the preparation, mixing, assembling, packaging, or labeling of a drug or device as the result of a practitioner's prescription drug order or initiative based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice or for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale or dispensing. Compounding also in cludes the preparation of drugs or devices in anticipation of prescription drug orders based on routine and regularly observed prescribing patterns.
(6) 'Confidential information' means information maintained by the pharmacist in the patient's records or which is communicated to the patient as part of patient counseling which is privileged and may be released only to the patient or, as the patient directs, to those practitioners and other pharmacists where, in the pharmacist's professional judgment, such release is necessary to protect the patient's health and well being; and to such other persons or governmental agencies authorized by law to receive such con fidential information.
(7) 'Controlled substance' means a drug, substance, or immediate precursor in Sched ules I through V of Code Sections 16-13-25 through 16-13-29 Schedules I through V of 21 C.F.R. Part 1308, or both.
(8) 'Dangerous drug' means any drug, substance, medicine, or medication as defined in Code Section 16-13-71.
(9) 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for a consideration.
(10) 'Device' means an instrument, apparatus, contrivance, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, 'Caution: federal or state law requires dispensing by or on the order of a physician.'
(11) 'Dispense' or 'dispensing' means the preparation and delivery of a drug or device to a patient, patient's caregiver, or patient's agent pursuant to a lawful order of a practi tioner in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.
(12) 'Distribute' means the delivery of a drug or device other than by administering or dispensing.
(13) 'Drug' means:
(A) Articles recognized as drugs in any official compendium, or supplement thereto, designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or preven tion of disease in humans or animals;

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(C) Articles, other than food, intended to affect the structure or any function of the body of humans or animals; and
(D) Articles intended for use as a component of any articles specified in subparagraphs (A), (B), or (C) of this paragraph but does not include devices.
(14) 'Drug researcher' means a person, firm, corporation, agency, department, or other entity which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for purposes of conducting research, drug analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacist, pharmacy, drug wholesaler, distributor, supplier, or medical practitioner.
(15) 'Drug regimen review' includes but is not limited to the following activities:
(A) Evaluation of any prescription drug order and patient record for:
(i) Known allergies;
(ii) Rational therapy-contraindications;
(iii) Reasonable dose and route of administration; and
(iv) Reasonable directions for use;
(B) Evaluation of any prescription drug order and patient record for duplication of therapy;
(C) Evaluation of any prescription drug order and patient record for the following interactions:
(i) Drug-drug;
(ii) Drug-food;
(iii) Drug-disease; and
(iv) Adverse drug reactions; and
(D) Evaluation of any prescription drug order and patient record for proper utiliza tion, including overutilization or underutilization, and optimum therapeutic outcomes.
(16) 'Emergency service provider' means licensed ambulance services, first responder services or neonatal services, or any combination thereof;
(17) 'Federal act' or 'Federal Food, Drug, and Cosmetic Act' means the Federal Food, Drug, and Cosmetic Act of the United States of America, approved June 25, 1938, offi cially cited as Public Document 717, 75th Congress (Chapter 675-3rd Sess.) and all amendments thereto, and all regulations promulgated thereunder by the commis sioner of the Federal Food and Drug Administration.
(18) 'Generic name' means a chemical name, a common or public name, or an official name used in an official compendium recognized by the Federal Food, Drug, and Cos metic Act, as amended.
(19) 'Intern' or 'pharmacy intern' means an individual who is:
(A) A student who is currently enrolled in an approved school or college of pharmacy, has registered with the board, and has been licensed as a pharmacy intern; or
(B) A graduate of an approved school or college of pharmacy who is currently li censed by the board for the purpose of obtaining practical experience as a require ment for licensure as a pharmacist; or
(C) An individual who does not otherwise meet the requirements of subparagraph (A) or (B) of this paragraph and who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certifi cate and is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist.

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(20) 'Joint-secretary' means the joint-secretary of the state examining boards.
(21) 'Labeling" means the process of preparing and affixing a label to any drug container exclusive, however, of the labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal, state, or federal and state law or rule.
(22) 'Manufacturing' means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from sub stances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of any substance or labeling or relabeling of its container and the promotion and marketing of such drugs or devices. Manufac turing also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons.
(23) 'Manufacturer' means a person engaged in the manufacturing of drugs or devices.
(24) 'Nonprescription drug' means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government.
(25) 'Patient counseling' means the oral communication by the pharmacist of informa tion, as defined in the rules of the board, to the patient, patient's caregiver, or patient's agent, in order to improve therapy by ensuring proper use of drugs and devices.
(26) 'Person' means an individual, corporation, partnership, or association.
(27) 'Pharmaceutically equivalent' means drug products that contain identical amounts of the identical active ingredient, in identical dosage forms, but not necessar ily containing the same inactive ingredients.
(28) 'Pharmacist' means an individual currently licensed by this state to engage in the practice of pharmacy. This recognizes a pharmacist as a learned professional who is authorized to provide patient services and pharmacy care.
(29) 'Pharmacist in charge' means a pharmacist currently licensed in this state who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs and who is personally in full and actual charge of such pharmacy and personnel.
(30) 'Pharmacy' means:
(A) The profession, art, and science that deals with pharmacy care, drugs, or both, medicines, and medications, their nature, preparation, administration, dispensing, or effect; or
(B) Any place licensed in accordance with this Chapter wherein the possessing, dis playing, compounding, dispensing, or selling of drugs may be conducted, including any and all portions of the building or structure leased, used, or controlled by the licensee in the conduct of the business or profession licensed by the board at the address for which the license was issued.
(31) 'Pharmacy care' means those services related to the interpretation, evaluation, or dispensing of prescription drug orders, the participation in drug and device selection, drug administration, and drug regimen reviews, and the provision of patient counsel ing related thereto.
(32) 'Pharmacy technician' means those support persons utilized in pharmacies whose responsibilities are to provide nonjudgmental technical services concerned with the preparation for dispensing of drugs under the direct supervision and responsibility of a pharmacist.
(33) 'Practitioner' or 'practitioner of the healing arts' means a physician, dentist, podia trist, or veterinarian and shall include any other person licensed under the laws of this

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state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state.
(34) 'Preceptor' means an individual who is currently licensed as a pharmacist by the board, meets the qualifications as a preceptor under the rules of the board, and partici pates in the instructional training of pharmacy interns.
(35) 'Prescription drug' or 'legend drug" means a drug which, under federal law, is re quired, prior to being dispensed or delivered, to be labeled with either of the following statements: 'Caution: Federal law prohibits dispensing without prescription' or 'Cau tion: federal law restricts this drug to use by, or on the order of, a licensed veterinar ian'; or a drug which is required by any applicable federal or state law or rule to be dispensed pursuant only to a prescription drug order or is restricted to use by practi tioners only; or a controlled substance, as defined in paragraph (7) of this Code section or a dangerous drug as defined in paragraph (8) of this Code section.
(36) 'Prescription drug order' means a lawful order of a practitioner for a drug or device for a specific patient.
(37) 'Prospective drug use review' means a review of the patient's drug therapy and prescription drug order, as defined in the rules of the board, prior to dispensing the drug as part of a drug regimen review.
(38) 'Reverse drug distributor' means a person, firm, or corporation which receives and handles drugs from within this state which are expired, discontinued, adulterated, or misbranded, under the provisions of Chapter 3 of this title, the 'Georgia Drug and Cos metic Act,' from a pharmacy, drug distributor, or manufacturer for the purposes of destruction or other final disposition or for return to the original manufacturer of a drug.
(39) 'Significant adverse drug reaction' means a drug-related incident that may result in serious harm, injury, or death to the patient.
(40) 'Substitution' means to dispense pharmaceutically equivalent and therapeutically equivalent drug products as regulated by the board in place of the drug prescribed.
(41) 'Wholesale distributor' means any person engaged in wholesale distribution of drugs, including but not limited to manufacturers; repackagers; own label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; in dependent wholesale drug traders; and retail and hospital pharmacies that conduct wholesale distributions.
ARTICLE 2
26-4-20.
(a) The Georgia State Board of Pharmacy existing immediately preceding July 1, 1998, is continued in existence, and members serving on the board immediately preceding that date shall continue to serve out their terms of office and until their respective successors are appointed and qualified.
(b) The responsibility for enforcement of the provisions of this chapter shall be vested in the Georgia State Board of Pharmacy. The board shall have all of the duties, powers, and authority specifically granted by or necessary for the enforcement of this chapter, as well as such other duties, powers, and authority as it may be granted from time to time by applicable law. 26-4-21.
(a) Each of the seven pharmacist members of the board shall, at the time of appointment:
(1) Be a resident of this state for not less than six months;
(2) Be currently licensed and in good standing to engage in the practice of pharmacy in this state;

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(3) Be actively engaged in the practice of pharmacy in this state;
(4) Have five years of experience in the practice of pharmacy in this state after licensure; and
(5) Not be officially employed as a full-time faculty member by any school or college of pharmacy.
(b) The one consumer member of the board shall be a resident of Georgia who has at tained the age of majority and shall not have any connection whatsoever with the phar maceutical industry.
(c) Appointees to the board shall immediately after their appointment take and subscribe to an oath or affirmation before a qualified officer that they will faithfully and impartially perform the duties of the office, which oath shall be filed with the Secretary of State, whereupon the Secretary of State shall issue to each appointee a certificate of appointment.
26-4-22.
(a) The board shall consist of seven members possessing the qualification specified in subsection (a) of Code Section 24-4-21 and one additional member possessing the qualifi cations specified in subsection (b) of Code Section 24-4-21 who shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified. Pharmacist members shall represent a diversity of practice settings and geographic dis persion of practitioners across the state.
(b) At the annual meeting of the Georgia Pharmacy Association, there may be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by subsection (a) of Code Section 24-4-21 to fill the next vacancy occurring on the board, except a vacancy in the consumer member posi tion on said board, by reason of expiration of term. The secretary of said association may regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appointment to fill such vacancy from the names so submit ted. Should any vacancy occur upon the board, other than in the consumer member posi tion on the board and other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the unexpired term from a group of three prac ticing registered pharmacists nominated as provided in this subsection at any regular or special meeting of the Georgia Pharmacy Association.
(c) The consumer member of the board shall also be appointed by the Governor. Such member shall vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in Georgia. Vacancies occurring in the membership of the board occupied by a consumer shall be filled by the Governor for the unexpired term of office.
26-4-23.
Any member who has failed to attend three consecutive regular monthly meetings of the board for any reason other than illness of such member shall be subject to removal by the Governor upon request of the board. The president of the board shall notify the Governor in writing when any such member has failed to attend three consecutive regular monthly meetings. Any member of the board may be removed by the Governor as provided in Code Section 43-1-17.
26-4-24.
The board shall meet at least annually to organize and elect a president and a vicepresident from its members. The joint-secretary shall be the secretary of the board and shall have all the power, duties, and authority with reference to such board as shall be prescribed by Chapter 1 of Title 43 and shall perform such other duties as may be pre scribed by the board. All appeals from the decision of the board, all documents or appli cations required by law to be filed with the board, and any notice or legal process to be

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served upon the board may be filed with or served upon the joint-secretary at his or her office in Fulton County. 26-4-25.
Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 26-4-26.
(a) The board shall meet on a regular basis to transact its business. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the president of the board or by at least two-thirds of the members of the board.
(b) Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by Chapter 14 of Title 50 relating to open meetings.
(c) A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by this chapter or by any rule of the board, all actions of the board shall be by a majority of a quorum.
(d) All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public. 26-4-27.
The board may establish such rules and regulations not inconsistent with this chapter and as in its judgment will best carry out the requirements thereof. 26-4-28.
(a) The board shall have the power, duty, and authority for the control and regulation of the practice of pharmacy in the state of Georgia including, but not limited to, the following:
(1) The licensing by examination or by license transfer of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter;
(2) The renewal of licenses to engage in the practice of pharmacy;
(3) The establishment and enforcement of compliance with professional standards and rules of conduct of pharmacists engaged in the practice of pharmacy;
(4) The determination and issuance of standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for prac tical training including internship;
(5) The enforcement of those provisions of this chapter relating to the conduct or com petence of pharmacists practicing in this state and the suspension, revocation, or re striction of licenses to engage in the practice of pharmacy;
(6) The licensure and regulation of pharmacies and pharmacy interns;
(7) The regulation of other employees in the prescription or pharmacy department;
(8) The collection of professional demographic data;
(9) The right to seize any such drugs and devices found by the board to constitute an imminent danger to the public health and welfare;
(10) The establishment of minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel, and procedures for the storage, com pounding and dispensing of such drugs or devices utilized within the practice of pharmacy;
(11) The establishment of minimum standards for the purity and quality of such drugs utilized within the practice of pharmacy;
(12) The establishment of minimum standards for the purity and quality of such de vices and other materials utilized within the practice of pharmacy;

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(13) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of drugs;
(14) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of devices utilized within the practice of pharmacy;
(15) The inspection of any licensed person at all reasonable hours for the purpose of determining if any provisions of the laws governing the legal distribution of drugs or devices or the practice of pharmacy are being violated. The board, its officers, agents, and designees shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to drugs, de vices, and the practice of pharmacy;
(16) The investigation of alleged violations of this chapter or any other law in this state pertaining to, or in connection with, persons or firms licensed by the board or otherwise authorized by the laws of this state to manufacture, sell, distribute, dispense, or pos sess drugs, medicines, poisons, cosmetics, or devices, or as related to misbranded or counterfeit drugs, or any rules and regulations promulgated by the board under this chapter; the conducting of hearings in respect thereto when in its discretion it appears to be necessary; and the bringing of such violations to the notice of the prosecuting attorney of the court of competent jurisdiction in which a violation takes place or to the notice of the Attorney General;
(17) The confining at any time to prescription order only the dispensing of any drug found to be potentially dangerous to public safety if dispensed without prescription; and
(18) The expunging of the pharmacy related practice record of any pharmacist whose record consists of a sole sanction resulting from alcohol impairment and whose phar macy related practice record during a five-year time period dating from the time of the sanction has incurred no additional charges or infractions.
(b) Proceedings by the board in the exercise of its authority to issue, cancel, suspend, or revoke any license issued under the terms of this chapter shall be conducted in accord ance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In all such proceedings the board shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor signed by the secretary of the board. In any hearing in which the fitness of a licensee or applicant to practice pharmacy is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when it deems it necessary, speak to a licensee or applicant in private.
(c) The board shall have such other duties, powers, and authority as may be necessary to the enforcement of this chapter and to the enforcement of board rules made pursuant thereto which shall include, but are not limited to, the following:
(1) The board may join such professional organizations and associations organized ex clusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board;
(2) The board may place under seal all drugs or devices that are owned by or in the possession, custody, or control of a licensee at the time his or her license is suspended or revoked or at the time the board refuses to renew his or her license. Except as otherwise provided in this section, drugs or devices so sealed shall not be disposed of until appeal rights under Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act,' have expired, or an appeal filed pursuant to such Act has been determined. The court involved in an appeal filed pursuant to such Act may order the board, during the pendency of the appeal, to sell sealed drugs that are perishable. The proceeds of such a sale shall be deposited with that court;

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(3) Except as otherwise provided to the contrary, the board shall exercise all of its duties, powers, and authority in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
(4) In addition to the fees specifically provided for in this chapter, the board may assess additional reasonable fees for services rendered to carry out its duties and responsibili ties as required or authorized by this chapter or the rules and regulations promulgated by the board. Such services rendered shall include but not be limited to the following:
(A) Issuance of duplicate certificates or identification cards;
(B) Certification of documents;
(C) License transfer;
(D) Examination administration to a licensure applicant; and
(E) Examination materials;
(5) Cost Recovery.
(A) For any order issued in resolution of a disciplinary proceeding before the board, the board may direct any licensee found guilty of a charge involving a violation of any drug laws or rules to pay to the board a sum not to exceed the reasonable costs of the investigation and prosecution of the case and, in any case, not to exceed $25,000. The costs to be assessed shall be fixed by the board and the costs so recovered shall be paid to the state treasury; and
(B) In the case of a pharmacy or wholesale distributor, the order issued may be made to the corporate owner, if any, and to any pharmacist, officer, owner, or partner of the pharmacy or wholesale distributor who is found to have had knowledge of or have participated knowingly in one or more of the violations set forth in this Code section.
Where an order for recovery of costs is made and timely payment is not made as di rected in the board's decision, the board may enforce the order for payment in the court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any person directed to pay costs. In any action for recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
26-4-29.
(a) The agency created in 1908 as the Office of the Chief Drug Inspector and known as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit as defined under Code Section 45-12-7; provided, however, that the agency shall be assigned for administrative purposes only, as defined in Code Section 50-4-3, to the joint-secretary under the office of the Secretary of State. The Georgia Drugs and Narcotics Agency is authorized by this Code section to enforce the drug laws of this state. The board shall appoint a director who shall be charged with supervision and control of such agency. The agency shall employ the number of personnel deemed necessary to properly protect the health, safety, and welfare of the citizens of this state. Such personnel shall be pharma cists registered in this state when employed as either special agents or the deputy director.
(b) The director shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever, said board shall appoint a successor at a regular or called meeting. The director shall be a pharmacist registered in this state. The salary of the director shall be fixed by the board. The whole time of the director shall be at the disposal of the board. The director, or agency personnel acting on behalf of the director, shall have the duty and the power to:
(1) Visit and inspect factories, warehouses, wholesaling establishments, retailing es tablishments, chemical laboratories, and such other establishments in which any drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs,

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and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce;
(2) Enter and inspect any vehicle used to transport or hold any drugs, devices, cosmet ics, or any of the articles listed in paragraph (1) of this subsection;
(3) Investigate alleged violations of laws and regulations regarding drugs, devices, cos metics, or any of the articles listed in paragraph (1) of this subsection;
(4) Take up samples of the articles listed in paragraph (1) of this subsection from any of the said establishments for examination and analysis by the state chemist, or under such person's direction and supervision, as provided by Code Section 26-4-131;
(5) Seize and take possession of all articles which are declared to be contraband under Chapter 13 of Title 16 and Chapters 3 and 4 of this title and deliver such articles to the agency;
(6) Compel the attendance of witnesses and the production of evidence on behalf of the board via a subpoena issued by the director, when there is reason to believe any viola tions of laws or regulations concerning drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection have occurred; and
(7) Perform such other duties as may be directed by the board.
(c) The director, deputy director, and special agents of the Georgia Drugs and Narcotics Agency shall have the authority and power that sheriffs possess to make arrests of any persons violating or charged with violating Chapter 13 of Title 16 and Chapters 3 and 4 of this title. The deputy director and special agents shall be required to be P.O.S.T. certi fied peace officers under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'
(1) In case of such arrest, the director, deputy director, or any of the special agents shall immediately deliver the person so arrested to the custody of the sheriff of the county wherein the offense is alleged to have been committed. The duty of the sheriff in regard to the person delivered to the sheriff by any such person arrested under power of this Code section shall be the same as if the sheriff had made the original arrest.
(2) When the deputy director or a special agent employed by the Georgia Drugs and Narcotics Agency leaves the agency under honorable conditions and, after accumulat ing 25 years of service in the agency or as a result of a disability arising in the line of duty, such director or agent shall be entitled to retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy, and upon leaving the agency the director of the Georgia Drugs and Narcotics Agency shall retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy.
(d) Except as otherwise provided in this chapter, upon receiving a summary report from agency personnel, the director shall report to the board what have been determined to be violations of the drug laws and rules over which the board has authority. After such reports have been made to the board, the board can instruct the director to:
(1) Cite any such person or establishment to appear before the cognizant member of the board for an investigative interview;
(2) Forward such reports to the Attorney General's office for action decided on by the board; or
(3) Take whatever other action the board deems necessary.
(e) The Georgia Drugs and Narcotics Agency shall compile and submit to the General Assembly during each annual legislative session a list of known dangerous drugs as de nned in subsection (a) of Code Section 16-13-71 and any other drugs or devices which the board has determined may be dangerous or detrimental to the public health and safety and should require a prescription, and the Georgia Drugs and Narcotics Agency shall assist the State Board of Pharmacy during each annual legislative session by compiling and submitting a list of substances to add to or reschedule substances enumerated in the

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schedules in Code Sections 16-13-25 through 16-13-29 by using the guidelines set forth in Code Section 16-13-22.
(1) The State Board of Pharmacy is authorized and directed to publish and distribute the 'Dangerous Drug List' as prepared by the Georgia Drugs and Narcotics Agency and the 'Georgia Controlled Substances Act' as enacted by law.
(2) The Georgia State Board of Pharmacy shall provide for a fee as deemed reasonable or at no cost, such number of copies of the 'Dangerous Drug List' and 'Georgia Con trolled Substances Act' to law enforcement officials, school officials, parents, and other interested citizens as are required. 26-4-30.
This chapter shall not be construed to prohibit the sale by general merchants or other nonpharmacy retailers of nonprescription drugs when sold only in their original and un broken packages.
ARTICLE 3
26-4-40.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any individual to engage in the practice of pharmacy unless currently licensed to practice under the provi sions of this chapter;
(b) Practitioners authorized under the laws of this state to compound drugs and to dis pense drugs to their patients in the practice of their respective professions shall not be required to be licensed under the provisions of this chapter; however, practitioners shall meet the same standards, record-keeping requirements, and all other requirements for the dispensing of drugs applicable to pharmacists.
(c) Any individual who, after hearing, shall be found by the board to have unlawfully engaged in the practice of pharmacy shall be subject to a fine to be imposed by the board for each offense. Each violation of this chapter pertaining to unlawfully engaging in the practice of pharmacy shall also constitute a felony punishable upon conviction thereof by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than two nor more than five years, or both. 26-4-41.
(a) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:
(1) Have submitted a written application in the form prescribed by the board;
(2) Have attained the age of majority;
(3) Be of good moral character;
(4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy that has been approved by the board;
(5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board;
(6) Have successfully passed an examination or examinations approved by the board; and
(7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license.
(b) Examinations.
(1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available by the board at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination;

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(2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination; and
(3) Any person who takes the board examination and fails the examination may repeat the examination at regular intervals of administration; however, a person may not take the examination more than three times without permission from the board. A person who has taken the board examination and failed the examination for the third time may not practice as a pharmacy intern. A person who takes the board examina tion and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid.
(c) Internship and Other Training Programs.
(1) All applicants for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance or both under such terms and conditions as the board shall determine; and
(2) The board shall establish such licensure requirements for interns and standards for internship or any other experiential program necessary to qualify an applicant for the licensure examination and shall also determine the qualifications of preceptors used in practical experience programs.
26-4-42.
(a) In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by license transfer in this state, an applicant shall:
(1) Complete and file a form applying for licensure with the board, which form shall include the applicant's name, address, and other such information as prescribed by the board, and, after an investigation by agents acting on behalf of the board, produce evidence satisfactory to the board which shows the applicant has the age, moral char acter, background, education, and experience demanded of applicants for registration by examination under this chapter and by the rules and regulations promulgated under this chapter;
(2) Have attained the age of majority;
(3) Be of good moral character;
(4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state;
(5) Have presented to the board proof of initial licensure by examination and proof that such license is in good standing;
(6) Have presented to the board proof that any other license granted to the applicant by any other state has not been suspended, revoked, or otherwise restricted for any rea son except nonrenewal or for the failure to obtain the required continuing education credits in any state where the applicant is currently licensed but not engaged in the practice of pharmacy;
(7) Have successfully passed an examination by the board on Georgia pharmacy law and board regulations; and
(8) Have paid the fees specified by the board.
(b) No applicant shall be eligible for license transfer unless the state in which the appli cant was licensed as a pharmacist also grants licensure transfer to pharmacists duly licensed by examination in this state under like circumstances and conditions.
(c) To obtain a license to engage in the practice of pharmacy, a foreign pharmacy gradu ate applicant shall obtain the National Association of Boards of Pharmacy Foreign Phar macy Graduate Examination Committee's certification which shall include, but not be

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limited to, successfully passing the Foreign Pharmacy Graduate Equivalency Examina tion as well as attaining a passing score on the Test of English as a Foreign Language (TOEFL) as established by the board. Additionally, a foreign pharmacy graduate appli cant shall:
(1) Have submitted a written application in the form prescribed by the board;
(2) Have attained the age of majority;
(3) Be of good moral character;
(4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state;
(5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee;
(6) Have successfully passed an examination approved by the board; and
(7) Have paid the fees specified by the board. 26-4-43.
A temporary license may be issued by the joint-secretary upon the approval of the presi dent of the board if an applicant produces satisfactory evidence of fulfilling the require ments for licensure under this article, except the examination requirement, and evidence of an emergency situation justifying such temporary license. All temporary licenses shall expire at the end of the month during which the first board meeting is conducted follow ing the issuance of such license and may not be reissued or renewed.
26-4-44.
(a) Each pharmacist shall apply for renewal of his or her license biennially pursuant to the rules and regulations promulgated by the board. A pharmacist who desires to con tinue in the practice of pharmacy in this state shall file with the board an application in such form and containing such data as the board may require for renewal of the license. Notice of any change of employment or change of business address shall be filed with the joint-secretary within ten days after such change. If the board finds that the applicant has been licensed and that such license has not been revoked or placed under suspension and that the applicant has paid the renewal fee, has continued his or her pharmacy edu cation in accordance with Code Section 26-4-45 and the rules and regulations of the board, and is entitled to continue in the practice of pharmacy, then the board shall issue a license to the applicant.
(b) If a pharmacist fails to make application to the board for renewal of his or her license as set forth in and in accordance with the provisions of this chapter, the pharmacist must apply for reinstatement pursuant to the rules of the board.
26-4-45.
The board shall establish a program of continuing professional pharmaceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this chapter, no pharmacist license shall be renewed by the board or the joint-secretary until the pharmacist submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in a minimum of 30 hours of approved programs of continuing professional pharmacy education as defined in this Code section. Continuing professional pharmacy education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for per sons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmacy education requirement to be ful filled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharmaceutical education or to be

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fulfilled by a combination of approved correspondence courses and other approved educa tional programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, includ ing the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year. 26-4-46.
(a) To obtain a license as a pharmacy intern, an applicant shall:
(1) Have submitted a written application in the form prescribed by the board of pharmacy;
(2) Have attained the age of majority;
(3) Be of good moral character; and
(4) Have paid the fees specified by the board for the issuance of the license.
(b) The following individuals shall be eligible to be licensed as a pharmacy intern:
(1) A student who is currently enrolled in an approved school or college of pharmacy;
(2) An individual who is a graduate of an approved school or college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or
(3) An individual who does not otherwise meet the requirements of paragraph (1) or (2) of this subsection and who has established educational equivalency by obtaining a For eign Pharmacy Graduate Examination Committee (FPGEC) certificate, who is cur rently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist.
(c) The board shall approve all internship programs for the purpose of providing the prac tical experience necessary for licensure as a pharmacist. A pharmacy intern is author ized to engage in the practice of pharmacy under the supervision of a pharmacist. The board shall adopt rules regarding the licensure of interns and the standards for intern ship programs. 26-4-47.
(a) Licenses issued under Code Section 26-4-46 shall bear the date of issuance and shall be valid for up to five years. Unless said license is renewed by the board, the license shall expire.
(b) Any license issued pursuant to Code Section 26-4-46 shall expire at the time a phar macy intern is expelled, suspended, dismissed, or withdraws from an approved school or college of pharmacy or is otherwise licensed as a pharmacist pursuant to this title.
(c) Any license issued pursuant to Code Section 26-4-46 shall expire upon notification that a person has taken and failed the board examination for the third time. 26-4-48.
Licenses issued pursuant to Code Section 26-4-46 which shall expire by lapse of time may be renewed upon application, unless, at the time of expiration, there shall be pending action before the board to suspend or revoke such license. 26-4-49.
(a) Every person, firm, corporation, agency, department, or other entity located within this state which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for the purposes of conducting research, analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacist, pharmacy, drug wholesaler, dis tributor, supplier, or practitioner shall biennially register with the state board of phar macy for a drug researcher permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of such controlled substances and dangerous drugs for such purposes. In applying for the permit:

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(1) The application for registration shall be made on a form to be prescribed and fur nished by said board and shall show at a minimum the name of the person responsible for filing the application, the name of the applying firm, corporation, agency, depart ment, or other entity, if applicable, the address where the controlled substances or dangerous drugs will be kept secured and can be inspected by the board, together with such other information as may be required by the board;
(2) The person filing the application for the permit shall be the responsible person for the safe and proper storage and accountability, as defined under Chapter 13 of Title 16, for any and all controlled substances and dangerous drugs. Such person shall be responsible for maintaining exact and accurate records regarding the purchase, re ceipt, utilization, and disposal of all controlled substances and dangerous drugs uti lized for purposes granted by this permit. All records must be maintained for a minimum of two years and be readily available for inspection by agents of the board; and
(3) Before approval by the board for any permit issued under this Code section, the application for registration must successfully undergo a thorough investigation by agents of the board to ensure the applicant complies with all applicable laws, rules, and regulations pursuant to handling controlled substances and dangerous drugs as defined under Chapter 13 of Title 16.
(b) The board may require that the application for registration as a drug researcher be accompanied by a fee in an amount established under rules promulgated by the board, and the board may establish conditions for exemptions from such fees. Such registration shall not be transferable and shall expire on the expiration date established by the jointsecretary and may be renewed pursuant to rules and regulations promulgated by the board. If not renewed, the registration shall lapse and become null and void.
(c) The board shall have the authority to promulgate rules and regulations governing the holder of a drug researcher permit as defined under this Code section.
(d) A drug researcher permit may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with all applicable local, state, or federal laws, rules, and regulations.
(e) A holder of a drug researcher permit who is not also licensed as a pharmacist practic ing in a duly licensed pharmacy shall not engage in the sale, distribution, or dispensing of controlled substances or dangerous drugs.
(f) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $10,000.00 or both.
ARTICLE 4
26-4-60.
(a) The board of pharmacy may refuse to issue or renew, or may suspend, revoke, or restrict the licenses of, or fine any person pursuant to the procedures set forth in this Code section, upon one or more of the following grounds:
(1) Unprofessional conduct as that term is defined by the rules of the board;
(2) Incapacity that prevents a licensee from engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public;
(3) Being guilty of one or more of the following:
(A) A felony;
(B) Any act involving moral turpitude; or
(C) Violations of the pharmacy or drug laws of this state, or rules and regulations pertaining thereto, or of laws, rules, and regulations of any other state, or of the federal government;

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(4) Misrepresentation of a material fact by a licensee in securing the issuance or re newal of a license;
(5) Engaging or aiding and abetting an individual to engage in the practice of phar macy without a license falsely using the title of 'pharmacist' or 'pharmacy intern,' or falsely using the term 'pharmacy' in any manner;
(6) Failing to pay the costs assessed in a disciplinary hearing pursuant to subsection (c) of Code Section 26-4-28;
(7) Becoming unfit or incompetent to practice pharmacy by reason of:
(A) Intemperance in the use of alcoholic beverages, narcotics, or habit-forming drugs or stimulants; or
(B) Any abnormal physical or mental condition which threatens the safety of persons to whom such person may compound or dispense prescriptions, drugs, or devices or for whom he or she might manufacture, prepare, or package or supervise the manu facturing, preparation, or packaging of prescriptions, drugs, or devices;
(8) Being adjudicated to be mentally ill or insane;
(9) Violating any rules and regulations promulgated by the board;
(10) Promoting to the public in any manner a drug which may be dispensed only pursu ant to prescription;
(11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug to a patient which requires a prescription;
(12) Unless otherwise authorized by law, dispensing or causing to be dispensed a dif ferent drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the prior authorization of the practitioner ordering or prescribing the same; or
(13) Violating or attempting to violate a statute, law, any lawfully promulgated rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which statute, law, rule, or regulation relates to or in part regulates the practice of pharmacy, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violating either a public or confidential lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement.
(b) The board shall have the power to suspend or revoke the license of the pharmacist in charge when a complete and accurate record of all controlled substances on hand, re ceived, manufactured, sold, dispensed, or otherwise disposed of has not been kept by the pharmacy in conformance with the record keeping and inventory requirements of federal law and the rules of the board.
(c) Any person whose license to practice pharmacy in this state has been suspended, revoked, or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstate ment of such license pursuant to rules and regulations promulgated by the board. Such petition shall be made in writing and in the form prescribed by the board. Upon investi gation and hearing, the board may, in its discretion, grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed suffi ciently to warrant such modifications.
(d) Nothing in this Code section shall be construed as barring criminal prosecutions for violations of this chapter.
(e) All final decisions by the board shall be subject to judicial review pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(f) Any individual or entity whose license to practice pharmacy is revoked, suspended, or not renewed shall return his or her license to the offices of the board within ten days after receipt of notice of such action.

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(g) For purposes of this Code section, a conviction shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon.
(h) Nothing in this Code section shall be construed as barring or prohibiting pharmacists from providing or distributing health or drug product information or materials to pa tients which is intended to improve the health care of patients.
(i) The board shall have the power to suspend any license issued under this article when such holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3. The board shall also have the power to deny the applica tion for issuance or renewal of a license under this part when such applicant is not in compliance with a court order for child support as provided in either of such Code sec tions. The hearings and appeals procedures provided for in such Code sections shall be the only such procedures required to suspend or deny any license issued under this article.
(j) Nothing in this chapter shall prohibit any person from assisting any duly licensed pharmacist or practitioner in the measuring of quantities of medication and the typing of labels therefor, but excluding the dispensing, compounding, or mixing of drugs, provided that such duly licensed pharmacist or practitioner shall be physically present in the pre scription room and actually observing the actions of such person in doing such measuring and typing, and provided, further, that no prescription shall be given to the person re questing the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner. No pharmacist or practitioner shall be assisted by more than one such person at any one time.
26-4-61.
Notwithstanding any provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may, without a hearing, temporarily suspend a license for not more than 60 days if the board finds that a pharmacist or pharmacy intern has violated a law or rule that the board is empowered to enforce, and if continued practice by the pharmacist or pharmacy intern would create an imminent risk of harm to the public. The suspension shall take effect upon written notice to the pharmacist or pharmacy in tern, specifying the law or rule violated. At the time it issues the suspension notice, the board shall schedule a disciplinary hearing to be held under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' within 20 days thereafter. The pharmacist or pharmacy intern shall be provided with at least ten days notice of any hearing held under this subsection.
ARTICLE 5
26-4-80.
(a) All persons engaging in the practice of pharmacy in this state must be licensed by the board.
(b) Prescription drugs shall be dispensed only pursuant to a valid prescription drug or der. A pharmacist shall not dispense a prescription which the pharmacist knows or should know is not a valid prescription.
(c) A prescription drug order may be accepted by a pharmacist in written form, orally, or electronically unless the order is for a Schedule II controlled substance. In institutional settings, a prescription drug order for a Schedule II controlled substance may be accepted by a pharmacist in written form, orally, or electronically pursuant to regulations promul gated by the board. In outpatient settings, a prescription drug order for a Schedule II controlled substance may only be accepted by a pharmacist in written form; provided, however, that a pharmacist may accept an emergency oral prescription for a Schedule II controlled substance; provided, further, that the pharmacist shall not dispense more than a 72 hour supply of the Schedule II controlled substance. If transmitted orally or

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electronically, the prescription drug order shall be filed and maintained on paper of per manent quality by the pharmacist in accordance with the rules and regulations of the board. Electronically transmitted prescription drug orders shall meet the following requirements:
(1) Electronically transmitted prescription drug orders shall only be transmitted from the practitioner or the employee of the practitioner under supervision of the practi tioner to the pharmacy of the patient's choice with no intervening person or intermedi ary having access to the prescription drug order;
(2) Prescription drug orders transmitted by facsimile or computer shall include:
(A) In the case of a prescription drug order for a dangerous drug, the complete name and address of the practitioner;
(B) In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner;
(C) The telephone number of the practitioner for verbal confirmation;
(D) The name, address, and age of the patient;
(E) The time and date of the transmission; and
(F) The full name of the person transmitting the order;
(3) An electronically transmitted drug order which meets the requirements of this Code section shall be deemed the original order;
(4) The pharmacist shall exercise professional judgment regarding the accuracy and authenticity of the transmitted prescription drug order consistent with federal and state laws and rules and regulations adopted pursuant to the same;
(5) An electronically transmitted prescription drug order from a prescriber to a phar macist shall be considered a highly confidential transaction and the said transmission shall not be compromised by interventions, control, change, altering, or manipulation by any other person or party in any manner whatsoever;
(6) Any pharmacist that transmits, receives, or maintains any prescription or prescrip tion refill either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein; and
(7) The board shall promulgate rules and regulations which may provide specific excep tions under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated di rectly by health maintenance organizations.
(d) Information contained in the patient medication record or profile shall be considered confidential information as defined in this title. Confidential information may be re leased to the patient or the patient's authorized representative, the prescriber or other licensed health care practitioners then caring for the patient, another licensed pharma cist, the board or its representative, or any other person duly authorized to receive such information. In accordance with Code Section 24-9-40, confidential information may be released to others only on the written release of the patient, court order, or subpoena.
(e) Except as authorized under subsection (j) of this Code section, a prescription may not be refilled without authorization. When refills are dispensed pursuant to authorization contained on the original prescription or when no refills are authorized on the original prescription but refills are subsequently authorized by the practitioner, the refill authori zation shall be recorded on the original prescription document and the record of any refill made shall be maintained on the back of the original prescription document or on some other uniformly maintained record and the dispensing pharmacist shall record the date of the refill, the quantity of the drug dispensed and the dispensing pharmacist's initials; provided, however, that an original prescription for a controlled substance which con tains no refill information may not be authorized to be refilled more than five times or after six months from the date of issuance. Authorization for any additional refill of a

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controlled substance prescription in excess of five refills or after six months from the date of issuance of the prescription shall be treated as a new prescription.
(f) When filling a prescription or refilling a prescription which may be refilled, the phar macist shall exercise professional judgment in the matter. No prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the prescriber would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription.
(g) The pharmacist who fills or refills a prescription shall record the date of dispensing and indicate the identity of the dispensing pharmacist on the prescription document or some other appropriate and uniformly maintained record. If this record is maintained on the original prescription document, the original dispensing and any refills must be re corded on the back of the prescription.
(h) When the patient no longer seeks personal consultation or treatment from the practi tioner, the practitioner and patient relationship is terminated. A prescription becomes invalid after the practitioner and patient relationship is terminated which is defined as a reasonable period of time not to exceed six months in which the patient could have estab lished a new practitioner and patient relationship as established by the board through the promulgation of rules and regulations.
(i) A written prescription drug order must bear an original signature of the practitioner. A signature stamp or other signature facsimile is not acceptable in lieu of an original signature. When an oral prescription drug order or the oral authorization for the refill ing of a prescription drug order is received which is transmitted by someone other than the practitioner, the name of the individual making the transmission and the date of the transmission must be recorded on the original prescription drug order or other uniform record by the pharmacist receiving the transmission.
(j) A pharmacist licensed by the board may dispense up to a 72 hour supply of a pre scribed medication in the event the pharmacist is unable to contact the practitioner to obtain refill authorization, provided that:
(1) The prescription is not for a controlled substance;
(2) In the pharmacist's professional judgment, the interruption of therapy might rea sonably produce undesirable health consequences or may cause physical or mental discomfort;
(3) The dispensing pharmacist notifies the practitioner or his or her agent of the dis pensing within seven working days after the prescription is refilled pursuant to this subsection;
(4) The pharmacist properly records the dispensing as a separate nonrefillable pre scription. Said document shall be filed as is required of all other prescription records. This document shall be serially numbered and contain all information required of other prescriptions. In addition it shall contain the number of the prescription from which it was refilled;
(5) The pharmacist shall record on the patient's record and on the new document the circumstances which warrant such dispensing; and
(6) The pharmacist does not employ this provision regularly for the same patient on the same medication.
(k) All out-patient prescription drug orders which are dispensed shall be appropriately labeled in accordance with the rules and regulations promulgated by the board as follows:
(1) Before an out-patient prescription drug is released from the dispensing area, the prescription drug shall bear a label containing the name and address of the pharmacy, a prescription number, the name of the prescriber, the name of the patient, directions for taking the medication, the date of the filling or refilling of the prescription, the

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initials or identifying code of the dispensing pharmacist, and any other information which is necessary, required, or, in the pharmacist's professional judgment, appropri ate; and
(2) The pharmacist who fills an out-patient prescription drug order shall indicate the identity of the dispensing pharmacist on the label of the prescription drug. Identifica tion may be made by placing initials on the label of the dispensed drug. The label shall be affixed to the outside of the container of the dispensed drug by means of adhesive or tape or any other means which will assure that the label remains attached to the container.
26-4-81.
(a) In accordance with this Code section, a pharmacist may substitute a drug with the same generic name in the same strength, quantity, dose, and dosage form as the pre scribed brand name drug product which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent.
(b) If a practitioner of the healing arts prescribes a drug by its generic name, the pharma cist shall dispense the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent.
(c) Substitutions as provided for in subsections (a) and (b) of this Code section are author ized for the express purpose of making available to the consumer the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent.
(d) Whenever a substitution is made, the pharmacist shall record on the original pre scription the fact that there has been a substitution and the identity of the dispensed drug product and its manufacturer. Such prescription shall be made available for inspec tion by the board or its representative in accordance with the rules of the board.
(e) The substitution of any drug by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine.
(f) A patient for whom a prescription drug order is intended may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug.
(g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. Such indication of brand necessary must be in the practi tioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means.
(h) The substitution of any drug by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine.
26-4-82.
(a) In dispensing drugs, no individual other than a licensed pharmacist shall perform or conduct those duties or functions which require professional judgment. It shall be the responsibility of the supervising pharmacist to ensure that no other employee of the pharmacy, including pharmacy technicians, performs or conducts those duties or func tions which require professional judgment.
(b) For all prescriptions, it shall be the responsibility of the pharmacist on duty at a facility to ensure that only a pharmacist or a pharmacy intern under the direct supervi sion of a pharmacist provides professional consultation and counseling with patients or other licensed health care professionals, and that only a pharmacist or a pharmacy in tern under the direct supervision of a pharmacist accepts initial telephoned prescription orders or provides information in any manner relative to prescriptions or prescription drugs.

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(c) In the dispensing of all prescription drug orders:
(1) The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient;
(2) The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times;
(3) When electronic systems are employed within the pharmacy, pharmacy technicians may enter information into the system and prepare labels; provided, however, that it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the label produced in conjunction with the prescription drug order;
(4) When a prescription drug order is presented for refilling, it shall be the responsibil ity of the pharmacist to review all appropriate information and make the determina tion as to whether to refill the prescription drug order; and
(5) Pharmacy technicians in the dispensing area shall be easily identifiable.
(d) The board of pharmacy shall promulgate rules and regulations regarding the activi ties and utilization of pharmacy technicians in pharmacies; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing di rect supervision of two pharmacy technicians unless the board approves an application to increase the ratio. Such application must be made in writing and must be submitted to the board by the pharmacist-in-charge of a specific licensed pharmacy in this state. 26-4-83.
(a) A patient record system shall be maintained by all pharmacies for patients for whom prescription drug orders are dispensed. The patient record system shall provide for the immediate retrieval of information necessary by the pharmacist to identify previously dispensed drugs at the time a prescription drug order is presented for dispensing. The pharmacist or the pharmacist's designee shall make a reasonable effort to obtain, record, and maintain the following information:
(1) The full name of the patient for whom the drug is intended;
(2) The address and telephone number of the patient;
(3) The date of birth of the patient; and
(4) The gender of the patient.
(b) The pharmacist shall make a reasonable effort to obtain from the patient or the pa tient's agent and shall record any known allergies, drug reactions, idiosyncrasies, and chronic conditions or disease states of the patient and identify any other drugs, including over-the-counter drugs or devices, currently being used by the patient which may relate to prospective drug use review unless the patient or the patient's agent refuses to provide such information. The pharmacist shall make a reasonable effort to obtain, record, and maintain the following information:
(1) A list of all prescription drug orders obtained by the patient at the pharmacy where the prescription drug order is being filled for at least the preceding two years, showing the prescription number, the name and strength of the drug, the quantity and date dispensed, and the name of the prescribing practitioner; and
(2) Comments from the pharmacist relevant to the individual's drug therapy, including any other information peculiar to the specific patient or drug.
(c) A patient record shall be maintained for a period of not less than two years from the date of the last entry in the profile record. This record may be a hard copy of a computer ized form. 26-4-84.
(a) A pharmacist shall review the patient record and each prescription drug order presented for dispensing for the purposes of promoting therapeutic appropriateness by identifying:

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(1) Overutilization or underutilization;
(2) Therapeutic duplications;
(3) Drug-disease contraindications;
(4) Drug-drug interactions;
(5) Incorrect drug dosage or duration of drug therapy;
(6) Drug-allergy interactions; and
(7) Clinical abuse or misuse.
(b) Upon recognizing any of the above situations, the pharmacist shall take appropriate steps to avoid or resolve the situation or problem which shall, if necessary, include con sultation with the prescribing practitioner. 26-4-85.
(a) Upon receipt of a prescription drug order and following a review of the patient's rec ord, the pharmacist shall personally offer to discuss matters which will enhance or opti mize drug therapy with each patient or caregiver of such a patient. Such discussion shall be in person, whenever practicable, or by telephone and shall include appropriate ele ments of patient counseling, based on the professional judgment of the pharmacist. Such elements may include but are not limited to the following:
(1) The name and description of the drug;
(2) The dosage form, dose, route of administration and duration of therapy;
(3) The intended use of the drug and expected action or result;
(4) Any special directions or precautions for preparation, administration or use by the patient;
(5) Common severe side effects or adverse effects or interactions and therapeutic con traindications that may be encountered, including their avoidance, and the action re quired if such side effect, adverse effect, interaction, or therapeutic contraindication occurs;
(6) Techniques for self-monitoring of drug therapy;
(7) The proper storage of the drug;
(8) Prescription refill information;
(9) The action to be take in the event of a missed dose; and
(10) The comments of the pharmacist relevant to the patient's drug therapy, including any other information peculiar to the specific patient or drug.
(b) Additional forms of patient information may be used to supplement verbal patient counseling when appropriate or available.
(c) Patient counseling, as described in this Code section, shall not be required for:
(1) In-patients of a hospital or institution where other health care professionals are authorized to administer the drug or drugs;
(2) Inmates of corrections institutions where pharmacy services are provided by the Department of Corrections or by a county or municipal political subdivision either di rectly or by a subcontractor of the above; or
(3) Patients receiving drugs from the Department of Human Resources Division of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-26.1 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section.
(d) A pharmacist shall not be required to counsel a patient or the caregiver of the patient when the patient or the caregiver of the patient refuses such consultation or counseling.

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26-4-86.
The board may establish regulations governing the compounding of medication by phar macists and pharmacies licensed in this state. 26-4-87.
Reserved. 26-4-88.
The board shall promulgate rules and regulations governing the appropriate and proper storage and handling of controlled substances and dangerous drugs as defined in Chap ter 13 of Title 16 which are consistent with those standards established by the United States Pharmacopeial Convention. 26-4-89.
(a) No person shall engage in the dispensing of any medicines, drugs, or poisons unless said person is a pharmacist licensed in accordance with this chapter or a pharmacy in tern dispensing such items in accordance with this chapter.
(b) This chapter shall not apply to practitioners of the healing arts prescribing, com pounding their own prescriptions, or dispensing drugs or medicines except as provided in Code Section 26-4-130.
(c) Nothing in this Code section shall prohibit any person from assisting any duly li censed pharmacist or practitioner, provided that such duly licensed pharmacist or practi tioner shall be physically present in the prescription area and actually observing the actions of such person performing such tasks; provided, further, that no prescription shall be given to the person requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner.
(d) With respect to pharmacy technicians, the following functions require the profes sional judgment of a pharmacist, or pharmacy intern under the supervision of a pharma cist, and may not be performed by a pharmacy technician:
(1) Acceptance of initial oral prescriptions;
(2) Certification of a filled or finished prescription or prescription drug order;
(3) Weighing or measuring active ingredients without a mechanism of verification;
(4) Reconstitution of prefabricated medication without a mechanism of verification;
(5) Verification of the constituents of final IV admixtures for accuracy, efficacy, and patient utilization;
(6) Entry of orders on patient medication profiles without verification by a pharmacist; and
(7) Provision of drug information that has not been prepared or approved by the pharmacist. 26-4-90.
Any person who shall sells or dispenses drugs by the use of vending machines shall be guilty of a misdemeanor.
ARTICLE 6
26-4-110.
(a) All facilities engaged in the manufacture, production, sale, or distribution of drugs or devices utilized in the practice of pharmacy or pharmacies where drugs or devices are dispensed or pharmacy care is provided shall be licensed by the board and shall bienni ally renew their license with the board. Where operations are conducted at more than one location, each such location shall be licensed by the board.

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(b) The board may by rule determine the licensure classifications of all persons and facili ties licensed as a pharmacy under this article, and establish minimum standards for such persons and facilities.
(c)(l) The board shall establish by rule, under the powers granted to it under Article 2 of this chapter and as may be required from time to time under federal law the criteria which each person must meet to qualify for licensure as a pharmacy in each classifica tion. The board may issue licenses with varying restrictions to such persons where the board deems it necessary.
(2) All applications for a new license shall be accompanied by a fee. Upon the filing of an application for a license, the board shall cause a thorough investigation of the appli cant to be made, and, if satisfied that the applicant possesses the necessary qualifica tions and that the pharmacy will be conducted in accordance with law, shall issue a license.
(d) Each pharmacy shall have a pharmacist in charge. Whenever an applicable rule re quires or prohibits action by a pharmacy, responsibility shall be that of the owner and the pharmacist in charge of the pharmacy, whether the owner is a sole proprietor, part nership, association, corporation, or otherwise.
(e) The board may enter into agreements with other states or with third parties for the purpose of exchanging information concerning licensure of any pharmacy.
(f) The board may deny or refuse to renew a pharmacy license if it determines that the granting or renewing of such license would not be in the public interest.
(g) It shall be unlawful for any person in connection with any place of business or in any manner to take, use, or exhibit the title 'drug store,' 'pharmacy,' 'apothecary,' or any com bination of such titles or any title or designation of like import or other term to take the place of such title, unless such place of business is licensed as a pharmacy under the provisions of this chapter.
(h) Every pharmacy licensed under this chapter shall have a prescription department which shall be kept clean and free of all materials not currently in use in the practice of compounding or preparing a medication for dispensing. The space behind the prescrip tion counter shall be kept free of obstruction at all times.
(i) During hours of operation, every pharmacy licensed pursuant to this chapter shall have a prescription department under the personal supervision of a duly licensed phar macist who shall have personal supervision of not more than one pharmacy at the same time, provided that nothing in this chapter shall be construed to prohibit any pharmacist from having personal supervision of a pharmacy located in a hospital, nursing home, college of pharmacy, or a pharmacy owned and operated directly by a health mainte nance organization. Every pharmacy licensed under this chapter, except those located within and owned and operated by a duly licensed and accredited hospital, nursing home, or college of pharmacy or a pharmacy complying with subsection (j) of this Code section, shall have a prescription department open for business at all times that the busi ness establishment is open to the public, except that during temporary absences of any licensed pharmacist not to exceed three hours daily or more than one and one-half hours at any one time the prescription department shall be closed and no prescription shall be filled or dispensed.
(j) If a pharmacy is located in a general merchandising establishment, or if the owner of the pharmacy so chooses, a portion of the space of the business establishment may be set aside and permanently enclosed or otherwise secured. Only that permanently enclosed or otherwise secured area shall be subject to the provisions of this chapter and shall be registered as a pharmacy. In such case, the area to be registered as a pharmacy shall be permanently enclosed with a partition built from the floor to the ceiling or otherwise

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secured in a manner as provided by the board through rules and regulations. Identifica tion of the area by the use of the words 'drug,' 'medicine,' 'drug store,' 'apothecary,' 'phar macy,' or other such terms shall be restricted to the prescription department area licensed as a pharmacy by the board.
26-4-111.
(a) The board shall specify by rule the pharmacy licensure procedures to be followed, including but not limited to specification of forms for use in applying for such licensure and times, places, and applicable fees.
(b) Applicants for licensure to distribute, manufacture, sell, purchase, or produce drugs or devices within this state shall file with the board a verified application containing such information as the board requires of the applicant relative to the qualifications for a license.
(c) Pharmacy licenses issued by the board pursuant to this chapter shall not be transfera ble or assignable.
(d) The board shall specify by rule minimum standards for responsibility of any person or pharmacy that has employees or personnel engaged in the practice of pharmacy, manu facture, distribution, production, sale, or use of drugs or devices in the conduct of their business. If the licensed person is a pharmacy located in this state, that portion of the facility to which such license applies shall be operated only under the direct supervision of a pharmacist licensed to practice in this state.
26-4-112.
(a) The board shall be notified immediately upon the occurrence of any of the following:
(1) Permanent closing of a licensed pharmacy;
(2) Change of ownership, management, or location of a licensed pharmacy;
(3) Change of the pharmacist in charge of a licensed pharmacy;
(4) Any theft or loss of drugs or devices of a licensed pharmacy;
(5) Any known conviction of any employee of a licensed pharmacy of any state or fed eral drug laws;
(6) Disasters, accidents, theft, destruction, or loss of records of a licensed pharmacy required to be maintained by state or federal law;
(7) Occurrence at a licensed pharmacy of a significant adverse drug reaction as defined by rules of the board; or
(8) Any and all other matters and occurrences at a licensed pharmacy as the board may require by rule.
26-4-113.
(a) No person shall operate as a pharmacy until a pharmacy license has been issued to such person by the board.
(b) Except where otherwise permitted by law, it shall be unlawful for a manufacturer or a wholesale distributor to distribute or deliver drugs or devices to any person in this state not licensed under this chapter. Any person who shall distribute or deliver drugs or devices to a person not licensed under this chapter shall be subject to a fine to be imposed by the board not to exceed $1,500.00 for each offense in addition to such other discipli nary action the board may take under this chapter. Each such violation shall also consti tute a misdemeanor.
(c) The board may suspend, revoke, deny, reprimand, or refuse to renew the pharmacy license of or fine, not to exceed $1,500.00, any person licensed under this article on any of the following grounds:
(1) The finding by the board of violations of any federal or state laws relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or distribution of controlled substances;

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(2) Any felony convictions under federal or state laws;
(3) The furnishing of false or fraudulent material in any application made in connec tion with drug or device manufacturing or distribution;
(4) Suspension or revocation by the federal or state government of any license cur rently or previously held by the applicant for the manufacture or distribution of any drugs or devices including controlled substances;
(5) Obtaining any remuneration by fraud, misrepresentation, or deception;
(6) Dealing with drugs or devices that are known or should have been known to be stolen drugs or devices;
(7) Purchasing or receiving of a drug or device from a source other than a person or pharmacy licensed under the laws of the state except where otherwise provided;
(8) Wholesale drug distributors, other than pharmacies, dispensing or distributing drugs or devices directly to patients; or
(9) Violations of any of the provisions of this chapter or of any of the rules adopted by the board under this chapter.
(d) Reinstatement of a pharmacy license that has been suspended, revoked, or restricted by the board may be granted in accordance with the rules of the board.
26-4-114.
(a) A pharmacy located within and owned and operated by a school or college of phar macy in this state may apply to the board for a special pharmacy permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of drugs for educa tional or research purposes. The application shall include the name of a registered phar macist who shall be responsible for maintaining accurate records regarding the purchase, receipt, possession, and disposal of drugs utilized for educational or research purposes. If the board certifies that the application complies with applicable laws and rules and regulations, the board shall issue the permit.
(b) A holder of a special pharmacy permit under subsection (a) of this Code section shall not engage in the sale or dispensing of drugs.
(c) The board shall have the authority to promulgate rules and regulations governing the holder of a special pharmacy permit under this Code section and may exempt the holder thereof from requirements otherwise applicable to other pharmacies.
26-4-115.
(a) All persons, firms, or corporations, whether located in this state or in any other state, engaged in the business of selling or distributing drugs at wholesale in this state, in the business of supplying drugs to manufacturers, compounders, and processors in this state, or in the business of a reverse drug distributor shall biennially register with the board as a drug wholesaler, distributor, reverse drug distributor, or supplier. The application for registration shall be made on a form to be prescribed and furnished by said board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompa nied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the joint-secretary. Registration shall be renewed pursu ant to the rules and regulations of the board and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to com ply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, wholesale distribution, or reverse drug distribution of controlled substances or dangerous drugs as defined in Chapter 13 of Title 16; if the

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registrant fails to comply with any rule or regulation promulgated by the board; or if any registration or license issued to the registrant under the federal act is suspended or revoked.
(b) Every drug wholesaler, distributor, or supplier registered as provided in Chapter 13 of Title 16 or in subsection (a) of this Code section, except reverse drug distributors shall:
(1) Be required to submit a monthly report as prescribed by the board accounting for all transactions involving controlled substances listed in Schedule II as defined in Code Section 16-13-26; provided, however, that the submission of a copy of the report rela tive to such transactions required by the federal Drug Enforcement Agency shall be sufficient. The reports shall be submitted to the board; and
(2) Be required to submit reports of excessive purchases of controlled substances with the federal Drug Enforcement Agency pursuant to 21 C.F.R. Sec. 1301.74 and shall be required to submit a copy of each such report to the board.
(c) The board shall be authorized to promulgate rules and regulations to facilitate compli ance with this Code section.
(d) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier who only ships controlled substances directly to a licensed wholesaler within this state.
(e) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprison ment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both.
(f) Any practitioner who knowingly transfers any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 by purchasing from or returning to a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both.
26-4-116.
(a) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16 shall only be issued to the medical director of an emergency service provider from a phar macy licensed in this state only in accordance with the provisions of this Code section.
(b) The medical director of an emergency service provider and the issuing pharmacy must have a signed contract or agreement designating the issuing pharmacy as the pro vider of drugs and consultant services and a copy must be filed with the state board and the Department of Human Resources prior to any drugs being issued. The medical direc tor of an emergency service provider may only have one contractual relationship with one pharmacy per county serviced by such emergency service provider.
(c) A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical director of an emergency service provider and the pharmacist in charge of the issuing pharmacy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition.
(d) A written record of all drugs issued to the medical director of an emergency service provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Drugs and Narcotics Agency may review all records to determine the accu racy and proper accountability for the use of all drugs.
(e) To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use.

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(f) A pharmacist from the contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate poli cies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of not less than two years. Such an inspection shall, at a minimum, verify that:
(1) Drugs are properly stored, especially those requiring special storage conditions;
(2) Drugs are properly accounted for by personnel of such emergency service provider;
(3) Proper security measures to prohibit unauthorized access to the drugs are imple mented; and
(4) All policies and procedures are followed and enforced.
(g) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the board.
26-4-117.
(a) It shall be the duty of the prosecuting attorney of the court of competent jurisdiction to whom the board or some other person shall report a violation of this chapter to cause appropriate proceedings to be commenced and prosecuted for the enforcement of the pen alties as in such case may be provided.
(b) The board, or any person, corporation, or association, in addition to the remedies set forth in this chapter, may bring an action in a court having competent jurisdiction over the parties and subject matter to enjoin violations of this chapter. Such injunction may issue notwithstanding the existence of an adequate remedy at law.
ARTICLE 7
26-4-130.
(a) For purposes of this Code section, the term:
(1) 'Drugs' means drugs as denned in this chapter and controlled substances as denned in Article 2 of Chapter 13 of Title 16.
(2) 'Practitioner' or 'practitioner of the healing arts' means, notwithstanding Code Sec tion 26-4-5, a person licensed as a dentist, physician, podiatrist, or veterinarian under Chapter 11, 34, 35, or 50, respectively, of Title 43.
(b) The other provisions of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescrip tions and dispensing drugs except as provided in this Code section. Nor shall such provi sions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. Any term used in this subsection and defined in Code Section 43-34-26.1 shall have the meaning provided for such term in Code Section 43-34-26.1. The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 to order, dis pense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 43-34-26.1. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1, with regard to the drugs so dispensed, that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section.
(c) All practitioners who dispense drugs shall comply with all record-keeping, labeling, packaging, and storage requirements imposed upon pharmacists and pharmacies with regard to such drugs pursuant to this chapter and Chapter 13 of Title 16.
(d) All practitioners who dispense drugs shall make all records required to be kept under subsection (c) of this Code section available for inspection by the board.
(e) Any practitioner who desires to dispense drugs shall notify, at the time of the renewal of that practitioner's license to practice, that practitioner's respective examining board of

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that practitioner's intention to dispense drugs. That examining board shall notify the board regarding each practitioner concerning whom that board has received a notifica tion of intention to dispense drugs. The examining board's notification shall include the following information:
(1) The name and address of the practitioner;
(2) The state professional license number of the practitioner;
(3) The practitioner's Drug Enforcement Administration license number; and
(4) The name and address of the office or facility from which such drugs shall be dis pensed and the address where all records pertaining to such drugs shall be maintained.
(f) The board shall have the authority to promulgate rules and regulations governing the dispensing of drugs pursuant to this Code section.
(g) This Code section shall not apply to practitioners who provide to their patients at no cost manufacturer's samples of drugs.
26-4-131.
The examination of specimens of foods drugs, and cosmetics shall be made by the state chemist or under direction of that chemist and supervision for the purpose of determin ing from such examination whether such articles are adulterated or misbranded within the meaning of this title; and, in the case of drugs and cosmetics, if it shall appear from any such examination that any such specimens are adulterated or misbranded within the meaning of this title, a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination under the oath of such analyst or officer, shall be forwarded to the board without delay. If it shall appear to the satisfaction of the board and the Attorney General, in the case of adulter ated or misbranded drugs, that the article involved was shipped in interstate commerce or the act complained of comes under the supervision and jurisdiction of the United States, the board shall certify the case to the United States district attorney in whose district the violation may have been committed.
ARTICLE 8
26-4-140.
This article shall be known and may be cited as the 'Third-party Prescription Program Law of 1983.'
26-4-141.
The General Assembly finds that certain practices are unfair to providers of pharmaceuticals, are burdensome and costly to those providers, result in unfair in creased costs to certain consumers, and threaten the availability of pharmaceuticals to the public. The General Assembly further finds that there is a need for regulation of certain practices engaged in by some third-party prescription program administrators.
26-4-142.
As used in this article, the term:
(1) 'Administrator' means that person, corporation, or business entity which adminis ters a program, is legally liable for any payments to a participating pharmacy under a program, or both.
(2) 'Commissioner' means the Commissioner of Insurance.
(3) 'Contract' means a program contract.
(4) 'Enrollee' means a consumer who receives pharmaceuticals under a program.
(5) 'Participating pharmacy' means a pharmacy having a contract to provide pharmaceuticals to enrollees under a program.

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(6) 'Pharmaceuticals' means drugs, devices, or services available from a pharmacy.
(7) 'Prevailing rate' means the average wholesale price of the pharmaceutical during the applicable period, plus the usual, customary, and reasonable dispensing fee added thereto, provided that in no event shall the amount submitted for reimbursement by a pharmacy under this article exceed the eighty-fifth percentile of the retail prices charged by all pharmacies in Georgia for the same or similar pharmaceuticals during such period of time or the actual price charged by the submitting pharmacy to consum ers, other than enrollees, for the same or similar pharmaceuticals during such period of time, whichever is less.
(8) 'Program' means a third-party prescription program.
(9) 'Program contract' means that contract creating rights and obligations between a participating pharmacy and a program or administrator.
(10) 'Program identification card' means a document which identifies enrollees as par ticipants in a program.
(11) 'Third-party prescription program' means any system of providing payments or reimbursement of payments made for pharmaceuticals pursuant to a contract between a pharmacy and another party, including insurance companies and administrators of programs, who are not consumers of the pharmaceuticals under that contract and shall include, without being limited to, insurance plans whereby an enrollee receives pharmaceuticals which are paid for by insurance companies or administrators, or by an agent of his employer, or by others.
26-4-143.
(a) Unless the program is exempt under subsection (b) of this Code section, no adminis trator, person, corporation, or business entity shall offer, operate, or administer a pro gram in this state unless that program has been submitted to the Commissioner, in a manner provided by the Commissioner, and is approved by the Commissioner as comply ing with the requirements of this article.
(b)(l) A program contract existing immediately prior to January 1, 1984, shall be ex empt from the requirements of this article but shall not be renewed or otherwise ex tended beyond its renewal or expiration date, respectively, as specified immediately prior to January 1, 1984, unless the program under the renewed or extended contract is approved by the Commissioner under subsection (a) of this Code section, except that if no such expiration or renewal date is provided in that program contract, the program contract shall be submitted not later than March 1, 1984, to the Commissioner for approval.
(2) A program providing pharmaceuticals pursuant to Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall be exempt from the requirements of this article.
(3) A policy or plan regulated under Title 33, relating to insurance, which does not include or utilize a third-party prescription program or contract shall be exempt from the requirements of this article.
(c) A program approved by the Commissioner may have that approval revoked or sus pended if it fails to meet any requirements therefor specified in this article or if it fails to be administered in conformity with those requirements.
(d) Disapproval or revocation or suspension of approval of a program by the Commis sioner shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
26-4-144.
(a) A program offered in this state and not exempt under subsection (b) of Code Section 26-4-143 shall provide all of the following:

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(1) A statement of the method, frequency, and amount of claim reimbursement to par ticipating pharmacies;
(2) That any valid claim for pharmaceuticals under this program will be paid to a par ticipating pharmacy within 30 days after the claim is received by the administrator if that claim is complete, accurate, and legible, as determined by the administrator;
(3) That any valid claim not paid as required in paragraph (2) of this Code section shall be subject to interest at the rate specified in paragraph (1) of subsection (b) of Code Section 33-25-10, relating to payment of interest on life insurance proceeds;
(4) That reimbursement rates for pharmaceuticals shall not be less than the prevailing rates therefor paid by consumers who are not enrollees;
(5) That each participating pharmacy and enrollee will be notified in writing by the administrator of the cancellation of any program at least 30 days prior to the effective date of cancellation, except that where the administrator is not notified of such cancel lation at least 30 days prior to the effective date of cancellation, the written notice shall be provided within 30 days after the administrator received his notification;
(6) That program identification cards issued to an enrollee show an expiration date;
(7) That the administrator shall make reasonable efforts to gain possession of all pro gram identification cards upon cancellation of a program for which the cards were issued;
(8) That a valid claim by a participating pharmacy will not be denied upon the basis of the fraudulent use of a program identification card;
(9) That at least 30 days prior to the date a program becomes effective, the program contract therefor shall be offered to all pharmacies located within those counties wherein reside enrollees in that program, which pharmacies shall have at least 30 days from the time they receive the offer to accept that offer and become participating pharmacies;
(10) That any audit by a program to verify claims by a participating pharmacy shall comply with generally accepted accounting principles and procedures but shall not ex trapolate randomly sampled data as a basis for reimbursement from the pharmacy which is audited or from one participating pharmacy to be the corresponding data for another participating pharmacy. In the event a claim against a participating phar macy for reimbursement is based upon a program audit, the administrator of the pro gram shall submit details of the audit to that participating pharmacy, and any dispute relating thereto shall be resolved under the dispute resolution procedures required under paragraph (11) of this subsection, with the Commissioner to render a final bind ing decision in the dispute if either party is dissatisfied with the outcome under the dispute resolution procedure; and
(11) A dispute resolution procedure for disputes between the program or administrator and participating pharmacies and between the program or administrator and enrollees.
(b) A program which meets the requirements of subsection (a) of this Code section shall not be administered except in conformity with those requirements, and the administra tion of that program except in conformity with those requirements shall constitute a vio lation of this Code section by the administrator of that program.
26-4-145.
A participating pharmacy shall not submit claims for payment for pharmaceuticals under a program for charges in excess of those charged by that pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals.

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26-4-146.
(a) On and after January 1, 1984, no person, corporation, or business entity shall serve as administrator of a program which has no administrator registered under this Code sec tion unless that person, corporation, or business entity is registered as administrator of that program with the Commissioner.
(b) No administrator may be registered unless the administrator gives bond to the Com missioner conditioned to pay all losses, damages, and expenses incurred as a result of any violation of this article by the administrator or the program being administered thereby. The bond shall be with a surety approved by the Commissioner in the amount of $200,000.00 or the total annual payments made in the immediately preceding year by all programs administered by that administrator, whichever is greater; provided, how ever, if the administrator is an insurance company licensed to transact insurance in this state or if the administrator is a self-insurer and is approved by the Commissioner, then such administrator shall not be required to give bond to the Commissioner.
(c) No program shall be required to have more than one administrator registered and bonded under this Code section.
(d) An administrator may have his registration suspended or revoked by the Commis sioner upon any violation of this article by the administrator or when any program ad ministered by the administrator fails to conform to the requirements of this article. The refusal by the Commissioner to register an administrator and the suspension or revoca tion of an administrator's registration shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(e) Records, information, and other identifying matter obtained through the submission of a claim for reimbursement by a participating pharmacy shall be used exclusively and solely for the purposes of verification and payment to the participating pharmacy and policyholder and for no other purposes.
26-4-147.
No enrollee may utilize a program identification card to obtain pharmaceuticals after the program has been canceled and after the enrollee has received notification of the cancel lation, and if such card is so utilized, that enrollee shall be liable to the administrator of that program for the cost of those pharmaceuticals.
26-4-148.
(a) Any person, corporation, or business entity which violates subsection (a) of Code Sec tion 26-4-146 shall be guilty of a misdemeanor.
(b) Any person, corporation, or business entity which violates any provision of this article shall be subject to a civil penalty in the amount of $1,000.00 for each act in violation of this article or, if the violation was knowing and willful, a civil penalty of $5,000.00 for each act in violation of this article.
(c) Any person injured as a result of a violation of this article may bring an action against that person, corporation, or business entity violating this article for the recovery of all actual damages occurring as a result thereof, plus attorneys' fees.
(d) An action may be brought against any person, corporation, or business entity subject to civil penalties or an action for damages under this Code section in the county in this state in which the person resides or corporation or business entity maintains an office or, if neither residing nor maintaining an office in this state, in the Superior Court of Fulton County.
(e) All penalties and remedies provided in this Code section are cumulative of each other and of any other penalties and remedies otherwise provided by law.

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ARTICLE 9

26-4-160.
No person shall furnish by retail sale any poison enumerated in this Code section with out distinctly labeling the bottle, box, vessel, or paper in which the poison is contained, and also the outside wrapper or cover thereof, with the name of the article, the word 'Poison,' and the name and place of business of the person who furnishes the same; and no poison shall be furnished unless upon due inquiry it shall be found that the person to whom it is delivered is aware of its poisonous character and shall represent that it is to be used for a legitimate purpose:
(1) Schedule 'A.' Arsenic and its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strych nia, and all other poisonous vegetable alkaloids and their salts; essential oil of bitter almonds, opium and its preparations, except paragoric and other preparations of opium containing less than two grains to the ounce;
(2) Schedule 'B.' Aconite, belladonna, colchicum, conium, nux vomica, henbane, creo sote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, chloral hydrate, sulfate of zinc, mineral acids, carbolic acid, and oxalic acid.
26-4-161.
No licensed pharmacist shall sell or deliver any of the poisons included in paragraph (1) of Code Section 26-4-160 without first making an entry in a book for that purpose, stating the date of the delivery, the name and address of the person receiving the poison, the name and quantity of the poison, the purpose for which it is represented by such person to be required, and the name of the dispenser. Such book shall always be open for inspec tion by the proper authorities and shall be preserved for reference for at least five years.
26-4-162.
This article shall not apply to the dispensing of poisons in not unusual quantities or doses, upon the prescriptions of practitioners of the healing arts.
26-4-163.
Any person violating this article shall be guilty of a misdemeanor."

SECTION 2.

This Act shall become effective on July 1, 1998.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Clay Crotts Dean Egan Gillis Glanton
Gochenour

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

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Langford Madden Marable Middleton Perdue Price of 28th

Price of 56th Ragan Ralston Ray Roberts Scott

Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Fort Griffin Huggins James

Johnson of 2nd Oliver Starr (presiding) Stokes

Streat Taylor (excused) Walker

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

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.
The House amendments were as follows:
House Amendment #1 (Coleman): Amend SB 349 by adding on line 2 of page 1 between the word "as" and the word "to" the following:
"to prohibit the operation of certain motor vehicles owned or leased by a state agency unless such vehicles have certain identifying decals or seals affixed to them;"
By adding on line 10 of page 1 between the second semicolon and the word "to" the following:
"to amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, 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;"
By adding on line 11 of page 1 between the first semicolon and the word "to" the following:
"to provide effective dates;"
By adding between lines 16 and 17 on page 1 the following:
"Code Section 50-19-2, relating to the requirement that the state seal be placed on motor pool vehicles, which reads as follows: '50-19-2.
The state seal, measuring at least ten inches in diameter, shall be placed on the trunk or some other conspicuous spot on all state owned vehicles included in the motor pool estab lished in Code Section 50-19-1 except law enforcement vehicles used for investigative purposes.',
and inserting in its place the following: '50-19-2.
(a) It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by the state or any branch, department, agency, commission, board, or authority of the state or which has been purchased or leased by

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any public official or public employee with state funds, unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying the governmental entity owning or leasing such vehicle or on be half of which entity funds were expended to purchase or lease such vehicle. This Code section shall not apply to any law enforcement vehicle used for investigative purposes or any vehicle assigned for the transportation of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the executive head of any department of state government, the chancellor of the University System of Georgia, the Chief Justice of the Supreme Court of Georgia, or any Constitutional state official who is elected by the voters of the entire state or to any vehicle owned or leased by a county or municipality and assigned to an official or employee who is employed pursuant to a contract of employ ment which requires the furnishing of a motor vehicle to such person and which allows the private use of such vehicle by such person provided the effective date of the contract was prior to January 1, 1997.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.'
SECTION 1.1.
Said title is further amended by striking in its entirety".
By renumbering Section 2 on page 12 as Section 4, and adding between lines 16 and 17 on page 12 the following:
"SECTION 2.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding at the end thereof a new Chapter 88 to read as follows:
'CHAPTER 88
36-88-1.
(a) It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by any county, municipality, regional develop ment center, county or independent school system, commission, board, or public author ity or which has been purchased or leased by any public official or public employee with public funds unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying such governmental entity. This Code section shall not apply to any law enforcement vehicle used for investi gative purposes.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.'
SECTION 3.
Sections 1 and 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. The re maining provisions of this Act shall become effective July 1, 1997."
House amendment #2:
Amend the Coleman House amendment to SB 349 as follows:
On page 2 line 18 strike January 1, 1997 and add July 1, 1997.
Senator Hooks of the 14th moved that the Senate disagree to the House amendments to SB 349.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate dis agreed to the House amendments to SB 349.
The Calendar was resumed.

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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.
Senate Sponsor: Senator Glanton of the 34th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th
Brush Burton Cagle Cheeks Clay Crotts Dean Egan

Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks
Huggins Kemp Lamutt Land Langford Madden

Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Tanksley Thomas of 54th Thompson Turner

Those not voting were Senators:

Brown of 26th Fort Griffin James Johnson of 2nd

Johnson of 1st Perdue Starr (presiding) Stokes Streat

Taylor (excused) Thomas of 10th Tysinger Walker

On the passage of the bill, the yeas were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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". Senate Sponsor: Senator Glanton of the 34th.

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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 7, 1997

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

SUBJECT: State Auditor's Certification House Bill 340 (LC 21 4124)

Dear Chairman Cummings:
This bill would change the name of the Georgia Firemen's Pension Fund to the Georgia Firefighter's Pension Fund.
This is to certify that this retirement bill is a nonfiscal bill as defined in the Public Retire ment Systems Standards Law.
Sincerely, /s/ Claude L. Vickers
State Auditor

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

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 Streat Tanksley Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Brush James

Johnson of 2nd Starr (presiding) Stokes

Taylor (excused) Thomas of 10th Walker

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

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1901

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. Senate Sponsor: Senator Price of the 56th.
The Senate Special Judiciary Committee offered the following substitute to HB 433:
A BILL To be entitled an Act to amend Code Section 15-6-67 of the Official Code of Georgia Anno tated, relating to recordation of maps and plats, so as to require that certain information relating to land in the Chattahoochee River stream corridor be shown on maps and plats; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats, is amended in paragraph (4) of subsection (b) by striking the word "and" at the end of subparagraph (M), by striking the period and inserting in lieu thereof "; and" at the end of subparagraph (N), and by adding a new subparagraph, to be designated as subparagraph (O), to read as follows:
"(O) All maps or plats of land in the stream corridor, as defined in Code Section 12-5-441, of the Chattahoochee River shall include the following statement: 'This property is in the stream corridor of the Chattahoochee River, as defined in O.C.G.A. Section 12-5-441,' all surveys of lots within subdivisions of land which are in said stream corridor shall include the following information: impervious and clearing allocations, vulnerability category lines, 50 foot undisturbed river buffers, 35 foot undisturbed tributary buffers, 25 foot state water buffers, and 150 foot non-improvement river setbacks. This information is not required if the information does not appear on the final plat for the subdivision."

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 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 Broun of 46th Brush Burton Cagle Cheeks

Clay Crotts Dean Egan Gillis Glanton Griffin Guhl Harbison Henson

Hill Hooks Huggins Johnson of 1st Lamutt Land Madden Marable Middleton Oliver

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Perdue Price of 28th Price of 56th Ragan Ralston

Ray Scott Streat Tanksley

Voting in the negative was Senator Roberts.

Those not voting were Senators:

Brown of 26th Fort Gochenour James

Johnson of 2nd Kemp Langford Starr (presiding)

Thomas of 54th Thompson Turner Tysinger
Stokes Taylor (excused) Thomas of 10th Walker

On the passage of the bill, the yeas were 43, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute to the following bill of the House:

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.

The Calendar was resumed.

HB 299. By Representatives Birdsong of the 123rd and Smith of the 175th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to provide that certain unused sick and personal leave accumulated by personnel employed in any public school system shall be credited to such personnel and shall be trans ferred when there is a change in the employment of such personnel from a local board of education to an unclassified position in the Department of Education.
Senate Sponsor: Senator Marable of the 52nd.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton

Cagle Cheeks Clay Crotts Dean Gillis Glanton Griffin

Guhl Harbison Hill Hooks Huggins Johnson of 1st Lamutt Land

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1903

Langford Madden Marable Middleton Oliver Perdue

Price of 28th Price of 56th Ralston Ray Roberts

Scott Tanksley Thomas of 54th Thompson Turner

Those not voting were Senators:

Brown of 26th Egan Fort Gochenour Henson James

Johnson of 2nd Kemp Ragan Starr (presiding) Stokes

Streat Taylor (excused) Thomas of 10th Tysinger Walker

On the passage of the bill, the yeas were 40, nays 0. The bill, having received the requisite constitutional majority, was passed.
The President resumed the Chair. The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 313. By Senators Griffin of the 25th, Stokes of the 43rd, Brown of the 26th and others:
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 House has agreed to the Senate amendment to the following bill of the House:

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.
The Calendar was resumed.

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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.
Senate Sponsor: Senator Land of the 16th.
The Senate Judiciary Committee offered the following substitute to HB 553:
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 relative to insurance generally, so as to provide for definitions; to provide for reimbursement of medical benefits paid to benefit providers in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages exclusive of such reimbursable benefits; to provide allocations in a settlement or judgment among categories of damages; to provide for reim bursement claims to be paid net of a prorated share of attorney's fees and expenses of litigation; to restrict setoffs for medical reimbursement in payment of other benefits; to provide notice requirements; to provide that a reimbursement claim may not be enforced against an insured without actual notice of the claim; to provide definitions; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, is amended by adding, following Code Section 33-24-56, a new Code Section 33-24-56.1 to read as follows:
"33-24-56.1.
(a) As used in this Code section, the term:
(1) 'Benefit provider' means any insurer, health maintenance organization, health ben efit plan, preferred provider organization, employee benefit plan, or other entity which provides for payment or reimbursement of health care expenses, health care services, disability payments, lost wage payments, or any other benefits under a policy of insur ance or contract with an individual or group.
(2) 'Injured party' means a person who alleges that he or she has been injured by the acts or omissions of a third party and who has received benefits from a benefit pro vider. This term also includes the personal representative of the estate of such person.
(b) In the event of recovery for personal injury from a third party by or on behalf of a person for whom any benefit provider has paid medical expenses or disability benefits, the benefit provider for the person injured may require reimbursement of benefits it has paid on account of the injury, up to the amount allocated to those categories of damages in the settlement documents or judgment, if:
(1) The amount of the recovery exceeds the sum of all economic and noneconomic losses incurred as a result of the injury, exclusive of losses for which reimbursement may be sought under this Code section; and
(2) The amount of the reimbursement claim is reduced by the pro rata amount of the attorney's fees and expenses of litigation incurred by the injured party in bringing the claim.
(c) In the settlement of any claim for personal injury, under circumstances where it is claimed that the amount of the recovery does not exceed the sum of all economic and

THURSDAY, MARCH 27, 1997

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noneconomic losses incurred as a result of the injury, a benefit provider which has paid benefits to or on behalf of the injured person may seek a declaratory judgment pursuant to Code Section 9-4-2 as to what extent it may equitably share in said settlement. If the court determines said settlement does not fully and completely compensate the injured person, the benefit provider has no right of reimbursement.
(d) In the trial of any case for personal injury submitted to a court or jury, the trier of fact may allocate the amounts paid among the categories of damages actually sought by the plaintiff at trial, and it shall be conclusively presumed that such allocation by the trier of fact is reasonable.
(e) Subrogation for medical expenses and disability payments by a benefit provider against a person at fault for injury is prohibited and no defendant or liability insurance carrier shall include any insurer seeking reimbursement under subsection (b) of this Code section as a copayee on any check or draft in payment of a settlement or judgment,
(f) No benefit provider shall be entitled to reduce the amount for which it is liable under an insured party's coverage for liability, uninsured motorist, disability, medical pay ments, or other benefits as a setoff against any claim for reimbursement under subsec tion (b) of this Code section, nor shall any benefit provider be entitled to withhold or set off insurance benefits as a means of enforcing a claim for reimbursement. Nothing in this subsection shall be deemed to prohibit the coordination of benefits between or among benefit providers.
(g) When a recovery for personal injury is sought from a third party by or on behalf of a person for whom any benefit provider has paid medical expenses or disability benefits, the person asserting the claim for recovery against the third party shall provide notice of the existence of the claim, by certified mail unless some other form of notice is agreed to by the designated recipient of the notice, to any benefit provider which the person assert ing the claim has reason to believe has paid benefits relating to the injury for which the injured party seeks a recovery. This notice shall be provided no later than ten days prior to the consumation of any settlement or commencement of any trial unless a shorter notice period is agreed to by the designated recipient of the notice and shall include a request for information regarding the existence of any claim by a benefit provider and an itemization of payments for which the benefit provider seeks reimbursement including the names of payees, the dates of service or payment or both, and the amounts thereof.
(h) If the notice required in subsection (g) of this Code section is provided, a claim for reimbursement under subsection (b) of this Code section is enforceable against an in sured party only to the extent that such person has actual notice prior to the consuma tion of a settlement or judgment, by certified mail or other form of notice if agreed to by the designated recipient of the notice, of the claim of the benefit provider for reimburse ment including a specific itemization of payments for which the benefit provider seeks reimbursement, including the names of payees, the dates of service or payment or both, and the amounts thereof. Nothing contained in this subsection shall prohibit the supple mentation of a claim prior to the consummation of a settlement or judgment, except that any supplemental claims shall be subject to the notice requirements contained in this subsection.
(i) If the notice required in subsection (g) of this Code section is not provided, then sub section (h) of this Code section shall not apply, and a claim for reimbursement under subsection (b) of this Code section is enforceable subject to the other provisions of this Code section.
(j) No benefit provider contracts or policies containing or incorporating provisions in con flict with this Code section may be issued in this state, and no policy or contract provi sions for subrogation or reimbursement in conflict with this Code section may be enforced by a benefit provider with regard to claims or injuries.
(k) Any settlement which is subject to this Code section that contains a confidentiality provision as to any terms of the settlement which are necessary to a proceeding under

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this Code section shall be unenforceable as to the disclosure of such required information."

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.
Senator Land of the 16th offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 553 by inserting following the word and symbol "definitions;" on line 16 of page 1 the following:
"to provide for exceptions;".
By deleting the quotation marks at the end of line 20 of page 4 and by inserting between lines 20 and 21 of page 4 the following:
"(1) This Code section shall not apply to the rights of the Department of Medical Assist ance to recover under Article 7 of Chapter 4 of Title 49, nor shall it affect the subrogation rights and obligations provided in Code Section 34-9-11.1' ".
On the adoption of the amendment, the yeas were 38, nays 2, and the Land amend ment to the committee substitute was adopted.
Senator Land of the 16th offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 553
by inserting on line 10 on page 2 after "reimbursement" the following: "from the injured party"
and by striking on page 2, line 31 "person" and replacing it with "party"
and by striking on page 3, line 36 "insured" and replacing it with "injured";
and by striking on page 3, line 38, "judgment" and replacing it with "commencement of trial".
On the adoption of the amendment, the yeas were 39, nays 2, and the Land 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:

Abernathy Blitch Boshears Bowen Brown of 26th Brush Cheeks Clay Dean Fort Gillis Griffin

Harbison Henson Hill Hooks James Kemp Land Madden Marable Middleton Oliver Perdue

Ragan Ralston Ray Scott Starr Stokes Streat Tanksley Thomas of 10th Thompson Tysinger Walker

THURSDAY, MARCH 27, 1997

1907

Those voting in the negative were Senators:

Balfour Broun of 46th Burton Cagle Crotts Egan

Gochenour Guhl Huggins Johnson of 1st Lamutt Langford

Price of 28th Price of 56th Roberts Thomas of 54th Turner

Those not voting were Senators:

Glanton

Johnson of 2nd

Taylor (excused)

On the passage of the bill, the yeas were 36, nays 17.
The bill, having received the requisite constitutional majority, was passed by substitute.

HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions re garding the levy and collection of such tax.
Senate Sponsor: Senator Egan of the 40th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 609:
A BILL
To be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide for liability; to provide for conditions and proce dures; to provide for exceptions and exemptions; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommoda tions, is amended by striking paragraph (1) of subsection (a) of Code Section 48-13-51, re lating to county and municipal levies of such excise tax, which reads as follows:
"(a)(l) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommoda tions are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommo dations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No

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tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official busi ness. Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.",
and inserting in its place a new paragraph (1) to read as follows:
"(a)(l)(A)(i) The governing authority of each municipality may, as provided in this Code section, levy and collect an excise tax upon the sale or charges to transients for any room, lodging, or accommodation furnished in any transaction defined as a retail sale under subparagraph (C) of paragraph (6) of Code Section 48-8-2 upon which sales and use taxes are collectable under Chapter 8 of this title.
(ii) The governing authority of each county within the territorial limits of the special tax district located within the county may, as provided in this Code section, levy and collect an excise tax upon the sale or charges to transients for any room, lodging, or accommodation furnished in any transaction defined as a retail sale under subpara graph (C) of paragraph (6) of Code Section 48-8-2 upon which sales and use taxes are collectable under Chapter 8 of this title.
(B) The tax shall be imposed on any person or legal entity licensed by or required to pay a business license or occupation tax to the governing authority imposing the tax for operat ing a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall be liable for the tax at the applicable rate on the charges actually collected or the amount of taxes collected from the guest, whichever is greater.
(C) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section and Code Section 48-8-32. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the person or entity pro viding such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel/motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed on the person or entity providing the room, lodging, or accommodation.
(D) This authorization is an exception to the prohibition provided in Code Section 48-8-6. The provisions of this Code section shall be in addition to and not in lieu of any other provisions of this article or of Chapter 8 of this title. The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary en acted pursuant to Code Section 48-13-53 and in effect prior to July 1, 1997. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section.
(E) Except as provided in this Code section, all transactions taxable under Article 1 of Chapter 8 of this title shall be taxable under this article and, except as provided in this Code section, all exemptions provided under Article 1 of Chapter 8 of this title shall apply to the tax levied in this article. The tax authorized by this article shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such rooms, lodgings, or accommodations as a result of the destruction of their home or residence by fire or other casualty. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or

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accommodations furnished for a period of more than ten consecutive days. The tax au thorized by this article shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. The tax authorized by this article shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business.
(F)(i) For purposes of this article, a single room occupancy hotel means a facility that:
(I) Has a minimum rental period of one week for all units in the facility;
(II) Provides housekeeping services at least weekly to all occupants;
(III) Equips each unit with cooking facilities and a refrigerator; and
(IV) Maintains an office within the facility for serving the needs of occupants.
(ii) The tax authorized by this article shall apply to the charges imposed on the occu pant of a single room occupancy hotel during the first week of continuous occupancy as the occupant's permanent residence and shall not apply to charges imposed for any continuous occupancy thereafter.
(G) Except as provided in paragraph (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings."

SECTION 2.

Said article is further amended by striking Code Section 48-13-53, relating to procedures, and inserting in its place a new Code Section 48-13-53 to read as follows:
"48-13-53.

The Except as otherwise specifically provided in Code Section 48-13-51, the rate of taxa

tion ,Tnirni!arml:Fl>fTnipl>sTtiori71)ayn^^

other proce

dures related to the tax shall be as provided by each county and municipality electing to

exercise the powers conferred by this article."

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 Egan of the 40th offered the following amendment:
Amend the committee substitute to HB 609 by striking on line 9 page 4 the word "for" and substituting the word "after" and by striking the words "more than" on line 9 page 4.
On the adoption of the amendment, the yeas were 36, nays 2, and the Egan amend ment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 37, 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 as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Boshears Bowen Broun of 46th Brown of 26th

Burton Clay Crotts Dean Egan

Fort Gillis Griffin Guhl Harbison

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JOURNAL OF THE SENATE

Henson Hill Hooks Huggins James Johnson of 1st Kemp Land

Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston

Roberts Scott Starr Streat Thomas of 54th Thompson Turner Tysinger

Those voting in the negative were Senators:

Balfour Blitch Brush Cagle

Cheeks Glanton Gochenour Lamutt

Price of 28th Ray Tanksley Thomas of 10th

Those not voting were Senators:

Johnson of 2nd Langford

Stokes Taylor (excused)

Walker

On the passage of the bill, the yeas were 39, nays 12.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Starr of the 44th assumed the Chair.
Senator Turner of the 8th moved that Senator Hooks of the 14th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Hooks was excused.
The Calendar was resumed.

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.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Judiciary Committee offered the following amendment:
Amend HB 567 by striking line 15 of page 1 and inserting in lieu thereof the following:
"provide for procedures for disciplinary proceedings; to provide for temporary and perma nent removal of students from class; to provide for readmittance, notice to parents, con ferences, hearings, reports to the General Assembly, immunity for teachers from disciplinary actions in certain circumstances, and placement review committees; to"
By inserting after line 18 of page 5 the following:
"SECTION 6.
Said part is further amended by adding immediately following Code Section 20-2-755 new Code Sections 20-2-755.1 and 20-2-755.2 to read as follows:
'20-2-755.1.
(a) Subject to the laws and to the rules of the local school board, each teacher or other member of the staff of any school shall have such authority for the control and discipline of students as may be assigned to him or her by the principal or the principal's designee and shall keep good order and discipline in the classroom and other areas of the school in which the student is so assigned.

THURSDAY, MARCH 27, 1997

1911

(b) Within the framework of the school district code of student conduct, teachers and other instructional personnel shall have the authority to undertake any of the following actions in managing student behavior and ensuring the safety and learning environment of all students in their classes and school:
(1) After exhausting all reasonable methods of classroom discipline, a teacher may re move from class a student:
(A) Who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or
(B) Whose behavior the teacher determines is so unruly, disruptive, or abusive that it substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn;
(2) Any student excluded from a class shall be placed under the control of the principal of the school or his or her designee. The principal or designee may place the student in another appropriate class at the same school, in in-school suspension, in an alternative educational setting, or, if another similar class is not available, return the student to the classroom by providing written notification to the teacher of the student's readmittance and specific type of disciplinary action taken to correct the behavior problem. The student may be prohibited from attending or participating in school sponsored or school related activities;
(3) If the student is removed from a class, the principal or designee shall promptly notify the student's parent or guardian by telephone or in writing;
(4) If the discipline problem continues, the teacher may exclude the student from the class for the second time and the principal may not return the student to the teacher's class without the teacher's consent unless the placement review committee established under Code Section 20-2-755.2 determines that such placement is the best or only available alternative;
(5) Prior to returning the student to the classroom, there shall be a conference between the teacher, parent or guardian, student, principal or designee, and a member of the placement review committee to discuss the student's disruptive behavior pattern and establish a contract of appropriate behavior for the student and to impose any appro priate disciplinary penalties as a condition of readmittance. Any student violating this contract may be permanently removed by a teacher from his or her classroom;
(6) If the student is removed from the classroom for a period often days or more, he or she may request a hearing pursuant to the procedures provided in Code Section 20-2754;
(7) Any teacher who removes 15 percent of his or her total class enrollment may be required to complete professional development to improve classroom management skills;
(8) The Department of Education shall conduct a study on the number of students who are removed from classrooms and statistical information on their race and gender, the length of removal, placement alternatives for students who are expelled, and the number of decisions by teachers that are overriden by the placement review commit tee. A report to the General Assembly shall be submitted no later than January 1, 1999, and annually thereafter no later than January 1;
(9) A teacher acting in conformity with the removal procedures set forth in this Code section shall not be subject to any disciplinary action by the school administration or the local school board members; and
(10) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals With Disabili ties Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.

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JOURNAL OF THE SENATE

20-2-755.2.
(a) Each school shall establish a placement review committee to determine placement of a student when a teacher withholds consent to the return of a student to the teacher's class. Committee membership must include at least the following:
(1) Two teachers selected by the school's faculty; and
(2) The principal or one member from the school's staff selected by the principal.
(b) The teacher who withheld consent to readmitting the student may not serve on the committee. The teacher and the placement review committee must render decisions within five days of the removal of the student from the classroom.' "
By renumbering Sections 6 through 11 as Sections 7 through 12, respectively.
Senators Johnson of the 1st and Oliver of the 42nd offered the following amendment:
Amend the Senate Judiciary Committee amendment to HB 567 by striking lines 3 through 11 of page 1 and inserting in lieu thereof the following:
"Amend HB 567 by striking line 15 of page 1 and inserting in lieu thereof the following:
'provide for procedures for disciplinary proceedings; to authorize the removal of a student posing disciplinary problems from a teacher's classroom and for the reassignment of such student; to provide for notice, hearing, parental conference, student support team, study of students removed from classrooms, and annual report to the General Assembly; to.'
By inserting after line 17 of page 5 the following:"
By striking lines 17 through 39 of page 1, by striking lines 1 through 43 of page 2, by striking lines 1 through 33 of page 3, and by inserting in lieu thereof the following:
"(a) A teacher may remove from class a student:
(1) Who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or
(2) Whose behavior the teacher determines is so unruly, disruptive, or abusive that it substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn.
(b) If a teacher removes a student from class under subsection (a) of this Code section, the school principal may place the student in another appropriate class at the same school, in in-school suspension, in an alternative educational setting, or return the stu dent to class. The student may be prohibited from attending or participating in school sponsored or school related activities.
(c) If a student is removed from a class, the school shall promptly notify the student's parent or guardian by telephone or in writing.
(d) The school principal may not return the student to the teacher's class without the teacher's consent unless the student support team established under this Code section determines that such placement is the best or only available alternative.
(e) If a student is removed from class for disciplinary reasons, there shall be a conference between the teacher, the student, the student's parent or guardian, and the school princi pal to establish a contract of appropriate behavior for the student and to impose any appropriate disciplinary penalties as a condition of readmittance.
(f) If a student is removed from the classroom for a period of ten days or more, he or she may request a hearing pursuant to the procedures provided in Code Section 20-2-754.
(g) Any teacher who removes 15 percent of his or her total class enrollment shall be required to complete professional development to improve classroom management skills.
(h) The Department of Education shall conduct a study on the number of students who are removed from classrooms and statistical information on their race and gender, the length of removal, placement alternatives for students who are expelled, and the number

THURSDAY, MARCH 27, 1997

1913

of decisions by teachers that are overridden by the placement review committee. A re port to the General Assembly shall be submitted no later than January 1, 1999, and annually thereafter no later than January 1.
(i) A teacher acting in conformity with these removal procedures shall not be subject to any disciplinary action by the school administration or the local school board members.
(j) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Amer icans with Disabilities Act of 1990.
20-2-755.2.
Each school shall establish a student support team to determine placement of a student when a teacher requests removal of a student from his or her class. Committee member ship must include at least the following:
(1) Principal or assistant principal;
(2) One member from the school's staff selected by the school principal; and
(3) The referring teacher." ' "

On the adoption of the amendment, the yeas were 31, nays 1, and the Johnson, Oliver amendment to the committee amendment was adopted.
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted, as amended.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill 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 Stokes Streat Tanksley Thomas of 54th Turner Tysinger Walker

Voting in the negative were Senators Brown of the 26th and Thomas of the 10th.

Those not voting were Senators:

Bowen Hooks (excused)

Langford Starr (presiding)

Taylor (excused) Thompson

On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed as amended.

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Langford of the 29th.

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

Those voting in the affirmative were Senators:

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

Gillis Griffin Guhl Harbison Henson Hill Huggins Johnson of 2nd Kemp Lamutt Land Langford Madden Marable

Middleton Oliver Perdue Ragan Ralston Roberts Scott Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those voting in the negative were Senators:

Glanton Gochenour

Price of 28th

Ray

Price of 56th

Those not voting were Senators:

Bowen Fort Hooks (excused)

James Johnson of 1st Starr (presiding)

Stokes Taylor (excused) Walker

On the passage of the bill, the yeas were 42, nays 5. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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 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 House substitute was as follows:
A BILL
To be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs so as to direct the De partment of Education 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

THURSDAY, MARCH 27, 1997

1915

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 related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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.
(a) The Department of Education 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 Department of Education, 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 supervised academic, educational, and vol untary community service activities; and
(4) Reduction of juvenile crime and substance abuse and teenage pregnancy, provided however, that all teenage pregnancy reduction programs shall abide by guidelines and rules and regulations applicable to clinics operating during the school day. Further more, any sex education materials or classes shall adhere to Department of Education guidelines and rules and regulations and shall additionally be approved by the appro priate sex education review committee.
(c) The Department of Education 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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate disagree to the House substitute to SB 50.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 50.

1916

JOURNAL OF THE SENATE

The Calendar was resumed.

HR 398. By Representative Jenkins of the 110th:

A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs.
Senate Sponsor: Senator Griffin of the 25th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour
Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour

Griffin Guhl
Harbison Henson Hill Huggins 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 Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen Egan Hooks (excused)

James Oliver

Starr (presiding) Taylor (excused)

On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

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.
Senate Sponsor: Senator Ragan of the llth.
Senator Taylor of the 12th offered the following amendment:
Amend HR 142 by adding on line 2 of page 1 between the word "Georgia" and the semicolon the following: ", and Dougherty County, Georgia", and by adding between lines 32 and 33 of page 1 the following:
"WHEREAS, the State of Georgia is the owner of certain parcels or tracts of real property located in Dougherty County, which real property is all those tracts or parcels of land lying and being on either side of Jackson Street as it intersects Oglethorpe Boulevard in the City of Albany containing 2.03 and 1.78 acres and is the location of the Georgia Department of Human Resources; and
WHEREAS, Dougherty County has agreed to build a new facility for the use of the Depart ment of Human Resources."

THURSDAY, MARCH 27, 1997

1917

By adding on line 8 of page 2 between the word "property" and the word "shall" the words: "located in Decatur County".
By adding between lines 24 and 25 of page 2 the following:

"SECTION 4.1.

That the above-described real property located in Dougherty County shall be conveyed by appropriate instrument to Dougherty County by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00 once the property is vacated by the Department of Human Resources, provided that the fair market value of the above-described state owned property shall be deducted from the rental rate of the new facility to be built by Dougherty County over a term of not less than 15 years, and such further consideration and provisions as the State Properties Commission shall in its discre tion determine to be in the best interest of the State of Georgia."
By adding on line 27 of page 2 between the words "county" and "and" the words "or Dougherty County".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the 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

Glanton Griffin Harbison Henson Hill 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 Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Gochenour Guhl

Hooks (excused) James

Starr (presiding) Taylor (excused)

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

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

1918

JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Starr of the 44th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 531:
A BILL
To be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, 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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, is amended by striking subparagraphs (a)(l)(G) and (a)(l)(H) and inserting in lieu thereof new subparagraphs (aXD(G) and (a)(l)(H) to read as follows:
"(G) The retirement of previously incurred general obligation debt of the county, one or more municipalities, or any combination thereof other than general obligation debt incurred for road, street, or bridge purposes, if such previously incurred general obliga tion debt was incurred for a project or projects of a type for which new general obliga tion debt may be incurred under this article;
(H) A capital outlay project or projects of the county for the use of and benefit of the citizens of the entire county and consisting of public safety facilities and capital equip ment lu opeiate bitch facilities, airport facilities, ami or related capital equipment to upeiate such used in the operation of public safety or airport facilities, or both any combination of such purposes; or""

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin

Guhl Harbison Hill Muggins James Johnson of 2nd Johnson of 1st Kemp Lamutt

THURSDAY, MARCH 27, 1997

1919

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 Thompson Turner Tysinger

Those not voting were Senators:

Brush Gochenour Henson

Hooks (excused) Starr (presiding)

Taylor (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.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 445 by adding between lines 2 and 3 of page 8 the following:
"This subsection shall not apply to any transaction which is subject to the provisions of Code Section 31-7-89.1 as such Code section may be enacted by HB 600 during the 1997 regular session of the General Assembly."
By striking the words "subsection (c)" and inserting the words "subsection (b)" on line 18 of page 8,
Senator Middleton of the 50th moved that the Senate agree to the House amendment to the Senate substitute to HB 445.
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 Clay Crotts Dean Egan Fort Gillis

Glanton Griffin Guhl Harbison Henson 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 Thompson

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JOURNAL OF THE SENATE

Turner Tysinger

Those not voting were Senators:

Brown of 26th Gochenour Hill

Hooks (excused) Starr (presiding)

Taylor (excused) Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 445.
The following bill was taken up to consider House action thereto:

HB 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission.
Senator Perdue of the 18th moved that the Senate insist on its substitute to HB 888.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 888.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 33. By Senator Boshears of the 6th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administration generally, so as to change certain provisions relating to purposes and principles; to change certain provisions relating to composition of classified and unclassified service.

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

THURSDAY, MARCH 27, 1997

1921

the issuance of certificates of authority to health plan purchasing cooperatives; to provide for the duties of the Commissioner of Insurance.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 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 663. By Representatives Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and others:
A bill to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for designa tion of state enterprise zones.
The Speaker has appointed on the part of the House, Representatives Jamieson of the 22nd, Royal of the 164th and Smith of the 12th.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1053. By Representatives Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st and others:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change and expand the corporate limits of the City of Savannah.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
SB 376. By Senator Langford of the 29th:
A bill to amend Code Section 33-9-40.1 of the Official Code of Georgia Annotat ed, relating to rates of workers' compensation policies issued to business entities with majority interest held by the same person, so as to authorize the Commis sioner of Insurance to investigate certain complaints against insurers or work ers' compensation group self-insurance funds.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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JOURNAL OF THE SENATE

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 House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

HB 1036. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of the state court.
The Calendar was resumed.

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.
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 Fort Gillis Glanton

Gochenour Griffin Harbison Henson Hill 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brush Guhl

Hooks (excused) Huggins Starr (presiding)

Taylor (excused) Walker

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

THURSDAY, MARCH 27, 1997

1923

The following bill was taken up to consider House action thereto:

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.
Senator Henson of the 55th moved that the Senate adhere to its substitute to HB 71 and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following Senators: Henson of the 55th, Oliver of the 42nd and Johnson of the 1st.
The Calendar was resumed.

HB 293. By Representatives Martin of the 47th, Alien of the 117th, Barnes of the 33rd and others:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, so as to change the oath administered to witnesses; to eliminate a reference to the charges against the defendant in such oath.
Senate Sponsor: Senator Clay of the 37th.

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis 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 Scott Stokes Streat Tanksley Thomas of 10th Thompson Turner

Voting in the negative was Senator Glanton.

Those not voting were Senators:

Abernathy Blitch Hooks (excused)

Starr (presiding) Taylor (excused) Thomas of 54th

Tysinger Walker

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

1924

JOURNAL OF THE SENATE

Senator Middleton of the 50th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 29, nays 2; the motion prevailed, and Senator Ralston was excused.

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.
Senate Sponsor: Senator Middleton of the 50th.

Senator Middleton of the 50th offered the following amendment: Amend HB 238 by adding after the semicolon on line 8 of page 1 the following:
"to change the provisions relating to the number and geographic representation of mem bers of such board;". By adding lines 2 and 3 of page 2 the following:

"SECTION 1.1.

Said chapter is further amended by striking Code Section 43-34-22, relating to the number and geographic representation of the members of the State Board of Medical Examiners, and inserting in its place the following:
'43-34-22.

The ten members of the State Board of Medical Examiners an, uf March 10, 1970, shall
ei ul Llie uuaiu, Lu BCIVC Lciilio uueAlcilsivt willi Lhtii Ldiiio Uli llic pievi-
tjLdLc Uuctl J ul JVLt?llll,Cll liijvclllllild S. Hie uLllCi LwU ^llly SlUldll lIlCiliLlel'o ui
LJUCII u slltill Lit a^jjjulnLcu lium eiuiuil^ Llic ilicuiutia ui tlic LjtiaLc ijutliu vl iiJXaiiiiiit:!
^jciLli-y ill ullitc as ul iVlclzuli J-ti, -Ly/U, tO oei ve Ict'mo i^utjALdioivt; wiLll Llien Lcillis
i c v lu Lirilj' CAmliii^ oLctLc Ijucnu ul UjjLainj.lit^i ill L^otcuiJciLIi^y . p\il Suuocv^utjuL cijj-
shall serve for a term of four years and until successors are appointed and quali fied. All reappointments and new appointments shall be made so that each cung distiicl in Llie state is lepitjbenled by an M.D. mbinbei at all limes the various geo graphic regions of the state shall be represented. Any vacancy that may occur in the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made.' "
Senator Middleton of the 50th offered the following amendment:
Amend the Middleton Amendment to HB 238 by:
Add the word "ten" on line 14 after the word "The" beginning the sentence.
On the adoption of the amendment, the yeas were 35, nays 0, and the Middleton amendment to the Middleton amendment was adopted.
On the adoption of the amendment, the yeas were 33, nays 0, and the Middleton amendment was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Bowen

Broun of 46th Brown of 26th Brush

Burton Cagle Cheeks

THURSDAY, MARCH 27, 1997

1925

Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Muggins

James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Perdue Price of 28th Price of 56th

Ragan Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch Hooks (excused)

Madden Ralston (excused)

Starr (presiding) Taylor (excused)

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

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.
Senate Sponsor: Senator Kemp of the 3rd.
The Senate Natural Resources Committee offered the following substitute to HB 57:
A BILL
To be entitled an Act 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 restrictions on applications for certain waste disposal facilities; to provide that it shall be unlawful to dispose of roofing shingles containing asphalt except in con struction and demolition or municipal solid waste landfills; to provide for standards; to provide for a report by the Environmental Protection Division of the Department of Natu ral Resources; 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 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," is amended by striking in its en tirety subsection (d) of Code Section 12-8-25.3, relating to restrictions on sites for certain waste disposal facilities within significant ground-water recharge areas or near military air space used as a bombing range, and inserting in lieu thereof the following:
"(d) Notwithstanding any other provision of law or any administrative regulation or ac tion to the contrary, no No permit shall be issued for a municipal solid waste landfill within two miles of a federally restricted military air space which is used for a bombing

1926

JOURNAL OF THE SENATE

range. The provisions of this subsection shall apply to all permit applications pending on or after the effective date of this subsection and to all permits denied prior to such date which are the subject of an appeal or judicial review pending on such date."

SECTION 2.

Said article is further amended by adding, following Code Section 12-8-40.2, a new Code Section 12-8-40.3 to read as follows:
"12-8-40.3.
It shall be unlawful to dispose of any roofing shingles which contain asphalt except in construction and demolition or municipal solid waste landfills."

SECTION 3.

The Environmental Protection Division of the Department of Natural Resources in con junction with the Pollution Prevention Assistance Division shall develop a plan, if practica ble, to encourage the recycling of asphalt shingles and shall make a report on such plan to the General Assembly of Georgia by December 31, 1997.

SECTION 4.

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 5.

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 Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort
Gillis

Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins Johnson of 2nd Kemp Lamutt Land Langford Marable Middleton
Perdue

Price of 28th Price of 56th Ragan Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Voting in the negative was Senator Oliver.

Those not voting were Senators:

Abernathy Hooks (excused) James

Johnson of 1st Madden Ralston (excused)

Taylor (excused) Walker

THURSDAY, MARCH 27, 1997

1927

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

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.
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:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour

Griffin Harbison Henson Hill 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 Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Voting in the negative was Senator Price of the 56th.

Those not voting were Senators:

Abernathy Brush Egan

Guhl Hooks (excused)

Taylor (excused) Walker

On the passage of the bill, the yeas were 48, nays 1. 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 insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

HB 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

1928

JOURNAL OF THE SENATE

"livestock"; to provide for a definition of nontraditional livestock; to provide for deer farming and the regulation of farmed deer.
The Speaker has appointed on the part of the House, Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th.
The House has adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 232. By Senators Oliver of the 42nd, Perdue of the 18th, Land of the 16th and others:
A resolution creating the Joint Study Committee on the Prevention and Treat ment of Substance Abuse.
The House has passed by the requisite constitutional majority the following bill of the Senate:
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 48. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the hiring out of inmates and the sale of products produced by in mates, so as to provide that any private person, organization, or corporation with whom the commissioner of corrections has contracted may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the Board of Corrections.

THURSDAY, MARCH 27, 1997

1929

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 133. By Senators Oliver of the 42nd, Clay of the 37th, Taylor of the 12th and others:
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 House has agreed to the Senate amendment to the following bill of the House:
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.
The House has disagreed to the Senate substitute to the following bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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 House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:
SR 286. By Senator Thompson of the 33rd:
A resolution directing the Georgia Rail Passenger Authority to undertake cer tain studies concerning passenger rail service.
The Calendar was resumed.

1930

JOURNAL OF THE SENATE

HB 383. By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to eligibility for and exceptions from free public education, so as to pro vide for the state to reimburse local units of administration for reasonable attor neys' fees incurred in actions relating to the education of a child residing in a state facility.
Senate Sponsor: Senator Brush of the 24th.
The Senate Education Committee offered the following substitute to HB 383:
A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for the state to reimburse local units of administration for reasonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility; to provide for eligibility for certain grants for middle schools; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended in Code Section 20-2-133, relating to eligibility for and exceptions from free public education, by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(l) Except for a child who is in the physical custody of the Department of Children and Youth Services or the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any child placed by the Department of Children and Youth Services or the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Children and Youth Services or the Department of Human Resources who remains in that facility for more than 60 continuous days and any child who is a patient in a facility licensed by the State of Georgia to deliver interme diate care for the mentally retarded and which follows the federal regulations for inter mediate care for the mentally retarded, who has been determined as appropriate for that level of care by the Department of Medical Assistance or its designee, who has been ad mitted to such facility after evaluation and recommendation by developmental service teams of the Department of Human Resources, and who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facility is located as eligible for enrollment in the educational pro grams of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facilities. However, ex cept as provided in this paragraph, placement in such a facility by the parent or by an other local unit of administration shall not create such responsibility.
(2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Children and Youth Serv ices or the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs,

THURSDAY, MARCH 27, 1997

1931

including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Children and Youth Services or the Depart ment of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Children and Youth Services and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educa tional programs of the local unit of administration of the school district where such child or youth is being held.
(3)(A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Children and Youth Services or the Department of Human Resources or in a facility licensed to provide intermediate care for the mentally retarded for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continu ous days.
(B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of administra tion to another.
(4) When the custodian of any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Pro grams (lEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) or (2) of this subsection, the Department of Children and Youth Services or the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the possession of the De partment of Children and Youth Services or the Department of Human Resources per taining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Children and Youth Services or the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release.
(5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursu ant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. For the purposes of this paragraph, the term 'reasonable and necessary expenses' shall include reasonable attorneys' fees and costs of litigation expended, either for its defense or in payment of statutorily mandated plaintiffs' attorneys' fees, by the local unit of administration on any administrative or judicial proceeding involv ing any child described in paragraphs (1) or (2) of this subsection. These grants will be determined and made pursuant to regulations adopted by the State Board of Education.

1932

JOURNAL OF THE SENATE

(6) If any child described in paragraphs (1) and (2) of this subsection is unable to leave the Department of Human Resources facility or the facility licensed to provide interme diate care for the mentally retarded to receive educational services as determined by the local school system responsible for educational services and the Department of Human Resources, then the local school system shall not be responsible for providing any educational services to such child.
(7) The Department of Education, the Department of Human Resources, the Depart ment of Children and Youth Services, and the local units of administration where De partment of Children and Youth Services or Department of Human Resources facilities or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical custody of the Department of Children and Youth Services or the Depart ment of Human Resources."
SECTION 2.
Said article is further amended by striking Code Section 20-2-290, relating to organization of schools, and inserting in lieu thereof a new Code Section 20-2-290 to read as follows:
"20-2-290.
The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. How ever, the State Board of Education shall provide grants to local school systems that oper ate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Quality Basic Education Formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for middle school grants for students in grade levels so housed; provided, however, that each qualified mid dle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and standards prescribed by the state board. State board criteria and standards for middle school program eligibility for grants made pursuant to this Code section must provide that local school systems may include in struction in foreign language as an option for students wliu have scuied a I ui above the
siALit^Lli ^jd'ctsiiLilc un a nciLiuiicillty iiui mcu LcsL Ori~e<iiuiiigciCliit:v t^iimut civliiiiinsLd t?ii
wiliim Lliu picviOus ui uui'imit suliuul yvni us unc ui Llic language tti LB wlndi ate rtji^uiidl
tu meet the eligibility luquiiemeiits fui such giants. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for middle school grants if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. If a local school system has a combination of qualified and nonqualified schools, it shall receive the middle school grant only for those students counted in the full-time equivalent count for the middle grades program in qualified middle schools."

THURSDAY, MARCH 27, 1997

1933

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.
Senators Brush of the 24th and Walker of the 22nd offered the following amendment:
Amend the committee substitute to HB 383 by adding before the phrase "to repeal conflict ing laws" on page 1 the following:
"to amend Code Section 20-8-5, relating to law enforcement powers of school security personnel, so as to allow every county regardless of size to authorize certain of their security personnel to carry firearms;".
By adding before the repealer on the last page of the bill the following:

"SECTION 34.

Code Section 20-8-5, relating to law enforcement powers of school security personnel, is amended by striking subsection (d) and inserting in lieu thereof a new subsection to read as follows:
'(d) School In every comity having a population uf 100,000 01 muin dLiuiding to the Uuiieu States decennial census uf 1980 ui any future such census, school security person nel who are certified by the Georgia Peace Officer Standards and Training Council may be authorized by a local board of education to carry a standard issue firearm or weapon generally used for law enforcement purposes for the purpose of carrying out law enforce ment duties.'"
On the adoption of the amendment, Senator Johnson of the 2nd 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 Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Gillis Glanton

Gochenour Guhl Henson Hill Hooks Huggins Johnson of 1st Lamutt Langford Madden Marable Middleton Perdue

Price of 28th Price of 56th Ragan Ralston Ray Roberts Streat Tanksley Thomas of 54th Thompson Turner Tysinger

Those voting in the negative were Senators:

Abernathy Brown of 26th Dean Egan Fort

Griffin Harbison James Johnson of 2nd Kemp

Oliver Scott Starr Stokes Thomas of 10th

Those not voting were Senators:

Land

Taylor (excused)

Walker

1934

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 38, nays 15, and the Brush, Walker amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 34, nays 6, 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 Gochenour Guhl Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton

Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Thomas of 54th Thompson Turner Tysinger

Those voting in the negative were Senators:

Brown of 26th Fort Griffin

Harbison James Johnson of 2nd

Oliver Stokes Thomas of 10th

Those not voting were Senators:

Abernathy Henson Hill

Scott Tanksley

Taylor (excused) Walker

On the passage of the bill, the yeas were 40, nays 9.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

HB 663. By Representatives Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and Skipper of the 137th:
A bill to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for designa tion of state enterprise zones.
Senator Thompson of the 33rd moved that the Senate adhere to its substitute to HB 663 and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President ap pointed as a Conference of Committee on the part of the Senate the following Senators: Thompson of the 33rd, Dean of the 31st and Huggins of the 53rd.

THURSDAY, MARCH 27, 1997

1935

The following bill was taken up to consider the Conference Committee report thereto:

HB 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning on July 1, 1997, and ending June 30, 1998.

The Conference Committee report was as follows:

The Committee of Conference on H.B. 204 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to H.B. 204 be adopted.

Respectfully submitted,

FOR THE SENATE

FOR THE HOUSE OF REPRESENTATIVES

/s/ Honorable George Hooks Senator, 14th District

/s/ Honorable Terry L. Coleman Representative, 142nd District

/s/ Honorable Charles W. Walker Senator, 22nd District

/s/ Honorable Larry Walker Representative, 141st District

Is/ Honorable Sonny Perdue Senator, 18th District

/s/ Honorable Thomas B. Buck, III Representative, 135th District

The following bill was taken up to consider the Conference Committee report thereto:

CONFERENCE COMMITTEE SUBSTITUTE TO HB 204:

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year begin ning July 1, 1997, and ending June 30, 1998; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, in stitutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants au thorized by law; to provide for the control and administration of funds; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1997, and ending June 30, 1998, 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 $11,118,625,000 (ex cluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1998.

PART I.
LEGISLATIVE BRANCH
Section 1. General Assembly. Budget Unit: General Assembly.................................. .$27,168,900 Personal Services--Staff ....................................... $14,701,206 Personal Services--Elected Officials .............................. $3,978,935 Regular Operating Expenses .................................... $2,577,235 Travel--Staff................................................... $100,000 Travel--Elected Officials ........................................... $7,000 Capital Outlay ........................................................ $0 Per Diem Differential............................................ $519,200 Equipment ..................................................... $250,000

1936

JOURNAL OF THE SENATE

Computer Charges .............................................. $608,000 Real Estate Rentals ............................................... $5,000 Telecommunications ............................................. $650,500 Per Diem, Fees and Contracts--Staff.............................. $130,230 Per Diem, Fees and Contracts--Elected Officials ................... $2,403,794 Photography.................................................... $105,000 Expense Reimbursement Account ................................ $1,132,800 Total Funds Budgeted ......................................... $27,168,900 State Funds Budgeted ......................................... $27,168,900

Senate Functional Budgets Total Funds

Senate and Research Office

$ 4,227,270

Lt. Governor's Office

$

740,357

Secretary of the Senate's Office

$ 1,196,674

Total

$ 6,164,301

State Funds

$ 4,227,270

$

740,357

$ 1,196,674

$ 6,164,301

House Functional Budgets Total Funds

House of Representatives and Research Office

$ 10,987,419

Speaker of the House's Office

$

579,469

Clerk of the House's Office

$ 1,471,096

Total

$ 13,037,984

State Funds

$ 10,987,419

$

579,469

$ 1,471,096

$ 13,037,984

Joint Functional Budgets Total Funds

Legislative Counsel's Office

$ 2,888,271

Legislative Fiscal Office

$ 2,296,665

Legislative Budget Office

$

994,253

Ancillary Activities

$ 1,391,664

Budget Responsibility Oversight Committee

$

395,762

Total

$ 7,966,615

State Funds

$ 2,888,271

$ 2,296,665

$

994,253

$ 1,391,664

395,762

$ 7,966,615

For compensation, expenses, mileage, allowances, travel and benefits for members, of ficials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference in Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refur bishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legisla tive office space, committee rooms, or staff support service areas in any State-owned build ing other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Leg islative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs,

THURSDAY, MARCH 27, 1997

1937

printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwith standing, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expen diture of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards deter mining which are legitimate legislative expenses and which should he paid from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits .............................. .$20,156,774 Personal Services .............................................$17,051,652 Regular Operating Expenses ..................................... $629,390 Travel ......................................................... $575,000 Motor Vehicle Purchases ......................................... $118,374 Equipment ...................................................... $15,000 Real Estate Rentals ............................................. $908,710 Per Diem, Fees and Contracts ..................................... $43,000 Computer Charges .............................................. $636,110 Telecommunications ............................................. $179,538 Total Funds Budgeted ......................................... $20,156,774 State Funds Budgeted ......................................... $20,156,774

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch..................................... $91,276,910 Personal Services .............................................$12,819,251 Other Operating .............................................. $75,243,954 Prosecuting Attorney's Council................................... $2,457,947 Judicial Administrative Districts ................................. $1,624,344 Payment to Council of Superior Court Clerks ........................ $38,000 Payment to Resource Center ..................................... $300,000 Computerized Information Network ............................... $700,000 Total Funds Budgeted ......................................... $93,183,496 State Funds Budgeted ......................................... $91,276,910

Judicial Branch Functional Budgets Total Funds

Supreme Court

$ 6,879,503

Court of Appeals

$ 8,045,875

Superior Court--Judges

$ 35,689,730

Superior Court--District Attorneys

$ 30,869,900

Juvenile Court

$ 1,209,812

Institute of Continuing Judicial Education

$

783,635

Judicial Council

$ 2,701,140

Judicial Qualifications Commission

$

166,364

State Funds

$ 6,229,503

$ 7,995,875

$ 35,615,730

$ 29,816,584

$ 1,209,812

$

783,635

$ 2,621,870

$

166,364

1938

JOURNAL OF THE SENATE

Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

4,284,487 2,294,186
258,864 93,183,496

4,284,487 2,294,186
258,864 91,276,910

Section 4. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services ............... $41,248,629 Personal Services .............................................$50,907,231 Regular Operating Expenses ................................... $12,426,380 Travel ......................................................... $464,371 Motor Vehicle Purchases ......................................... $666,934 Equipment .................................................... $1,396,285 Computer Charges ............................................ $12,160,611 Real Estate Rentals ............................................ $3,567,350 Telecommunications ............................................ $3,850,727 Per Diem, Fees and Contracts ................................... $2,797,719 Rents and Maintenance Expense ................................ $10,908,892 Utilities .............................................................. $0 Payments to DOAS Fiscal Administration ......................... $2,974,797 Direct Payments to Georgia Building Authority for Capital Outlay ............................................................. $0
Direct Payments to Georgia Building Authority for Operations ................................................... $566,806
Telephone Billings ............................................ $56,363,800 Radio Billings .................................................. $929,406 Materials for Resale .......................................... .$20,039,840 Public Safety Officers Indemnity Fund ............................. $700,000 Health Planning Review Board Operations .......................... $35,000 Payments to Aviation Hall of Fame ................................ $48,500 Payments to Golf Hall of Fame .................................... $85,000 Total Funds Budgeted ....................................... .$180,889,649 State Funds Budgeted ......................................... $41,248,629

Departmental Functional Budgets Total Funds

Administration

6,540,570

Statewide Operations and Support

7,973,594

Interagency Support Services

31,122,149

Information Technology Services

129,415,677

State Properties Commission

667,364

Distance Learning and Telemedicine

0

Office of the Treasury

1,524,951

State Office of Administrative Hearings

3,645,344

Total

180,889,649

State Funds 3,112,635 4,248,093 0 29,664,006 667,364 0 192,372 3,364,159 41,248,629

B. Budget Unit: Georgia Building Authority.................................. $0 Personal Services .............................................$23,054,408 Regular Operating Expenses ................................... $13,560,189 Travel .......................................................... $12,000 Motor Vehicle Purchases ......................................... $200,000 Equipment ..................................................... $196,800 Computer Charges .............................................. $110,100 Real Estate Rentals .............................................. $15,071

THURSDAY, MARCH 27, 1997

1939

Telecommunications ............................................. $228,970 Per Diem, Fees and Contracts .................................... $405,000 Capital Outlay ........................................................ $0 Utilities.............................................................. $0 Contractual Expense .................................................. $0 Facilities Renovations and Repairs ...................................... $0 Total Funds Budgeted ......................................... $37,782,538 State Funds Budgeted ................................................. $0

Grounds Custodial Maintenance Security Van Pool Sales Administration Roofing Facilities Program Total

Departmental Functional Budgets Total Funds

$ 1,452,327

$ 5,507,049

$ 4,297,686

$ 7,229,140

$

381,939

$ 4,234,456

$ 13,605,661

$

370,657

$

703,623

$ 37,782,538

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $37,776,853
Personal Services ............................................. $32,369,566 Regular Operating Expenses .................................... $4,449,644 Travel ......................................................... $959,745 Motor Vehicle Purchases ......................................... $302,000 Equipment ..................................................... $448,115 Computer Charges .............................................. $670,430 Real Estate Rentals ............................................. $814,475 Telecommunications ............................................. $412,585 Per Diem, Fees and Contracts .................................... $951,396 Market Bulletin Postage ........................................ $1,046,000 Payments to Athens and Tifton Veterinary Laboratories ............ $2,948,546 Poultry Veterinary Diagnostic Laboratories in Canton,
Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe ......................................... $2,855,440 Veterinary Fees................................................. $275,000 Indemnities ..................................................... $60,000 Advertising Contract ............................................ $175,000 Payments to Georgia Agrirama Development Authority for Operations ................................................... $730,704 Payments to Georgia Development Authority ............................. $0 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets .................................. $0 Capital Outlay........................................................ $0 Contract--Federation of Southern Cooperatives...................... $40,000 Boll Weevil Eradication Program........................................ $0 Total Funds Budgeted ........................................ .$49,508,646 State Funds Budgeted ......................................... $37,776,853

1940

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Plant Industry

$ 8,179,810

Animal Industry

$ 15,993,493

Marketing

$ 6,393,875

Internal Administration

$ 6,594,695

Fuel and Measures

$ 3,671,579

Consumer Protection Field Forces

$ 8,092,956

Seed Technology

$

582,238

Total

$ 49,508,646

State Funds

$ 7,398,810

$ 12,861,358

$ 2,718,875

$ 6,407,195

$ 3,541,879

$ 4,848,736

$

0

$ 37,776,853

B. Budget Unit: Georgia Agrirama Development Authority. .................... $0 Personal Services ............................................... $900,128 Regular Operating Expenses ..................................... $209,650 Travel ........................................................... $3,500 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $3,060 Computer Charges ................................................ $7,500 Real Estate Rentals ................................................... $0 Telecommunications ............................................... $7,341 Per Diem, Fees and Contracts ..................................... $37,500 Capital Outlay................................................... $86,432 Goods for Resale ................................................ $115,000 Total Funds Budgeted .......................................... $1,370,111 State Funds Budgeted ................................................. $0

Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ................... $9,523,070 Personal Services .............................................. $7,838,930 Regular Operating Expenses ..................................... $437,094 Travel ......................................................... $400,000 Motor Vehicle Purchases ......................................... $112,380 Equipment ....................................................... $7,464 Computer Charges .............................................. $277,112 Real Estate Rentals ............................................. $364,290 Telecommunications .............................................. $73,000 Per Diem, Fees and Contracts ..................................... $12,800 Total Funds Budgeted .......................................... $9,523,070 State Funds Budgeted .......................................... $9,523,070

Section 7. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services ......... .$167,942,031 Personal Services ............................................ $101,651,303 Regular Operating Expenses .................................... $9,788,339 Travel ........................................................ $1,165,861 Motor Vehicle Purchases ......................................... $128,000 Equipment ..................................................... $533,307 Computer Charges .............................................. $324,310 Real Estate Rentals ............................................ $1,828,885 Telecommunications ............................................ $1,046,880 Per Diem, Fees and Contracts ................................... $8,251,183 Utilities....................................................... $2,988,520 Institutional Repairs and Maintenance ............................ $552,485 Grants to County-Owned Detention Centers ....................... $2,722,620

THURSDAY, MARCH 27, 1997

1941

Service Benefits for Children ............. Purchase of Service Contracts ............ Capital Outlay .......................... Total Funds Budgeted ................... State Funds Budgeted ...................

Departmental Functional Budgets Total Funds

Regional Youth Development Centers

$ 34,756,786

Bill Ireland YDC

$ 16,857,718

Augusta State YDC

$ 11,907,583

Lorenzo Benn YDC

$ 6,982,333

Macon State YDC

$ 6,118,679

Wrightsville YDC

$ 15,710,961

YDC Purchased Services

$ 22,321,211

Court Services

$ 19,764,179

Day Centers

$

493,281

Group Homes

$ 1,113,856

CYS Purchased Services

$ 21,210,139

Georgia Addiction Pregnancy and Parenting Project

$

50,000

Law Enforcement Office

$ 1,770,050

Assessment and Classification

$

551,431

Multi-Service Centers

$ 3,925,191

Youth Services Administration

$ 9,391,415

Total

$ 172,924,813

$18,607,910 $23,335,210 ............ $0 $172,924,813 $167,942,031

State Funds

$ 33,625,566

$ 16,194,206

$ 11,401,153

$ 6,742,849

$ 5,831,120

$ 15,230,961

$ 21,754,371

$ 19,608,327

$

493,281

$ 1,113,856

$ 20,348,254

$

50,000

$ 1,770,050

$

551,431

$ 3,835,191

$ 9,391,415

$ 167,942,031

Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs .................... $28,105,075 Personal Services ..............................................$6,260,169 Regular Operating Expenses ..................................... $335,591 Travel ......................................................... $175,696 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $1,368 Real Estate Rentals ............................................. $488,430 Per Diem, Fees and Contracts .................................... $247,564 Computer Charges .............................................. $132,424 Telecommunications .............................................. $82,110 Capitol Felony Expenses ............................................... $0 Contracts for Regional Planning and Development ................. $2,063,100 Local Assistance Grants ........................................ $2,110,000 Appalachian Regional Commission Assessment ..................... $133,355 Community Development Block Grants--Federal ................ .$30,000,000 Payment to Georgia Environmental Facilities Authority ............ $2,434,250 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 ........................ $715,812 Payment to State Housing Trust Fund............................ $4,531,250 Payments to Sports Hall of Fame ................................. $197,868 Regional Economic Business Assistance Grants .................... $5,500,000

1942

JOURNAL OF THE SENATE

Local Government Efficiency Grant Program ............................. $0 State Commission on National and Community Service .............. $308,272 EZ/EC Administration ........................................... $199,024 EZ/EC Grants ........................................................ $0 Regional Economic Development Grant Program ................... $1,250,000 Targeted Regional Assistance Program .................................. $0 Administrative Cost Allocation.......................................... $0 Total Funds Budgeted ......................................... $60,630,527 State Funds Budgeted ......................................... $28,105,075

Departmental Functional Budgets Total Funds

Executive Division

$

553,242

Research and Information Division

$ 3,699,567

Planning and Management Division

$ 3,806,505

Business and Financial Assistance Division

$ 37,956,537

Housing and Finance Division

$

0

Accounting, Audits and Administration Division $ 14,614,676

Rental Assistance Division

$

0

Total

$ 60,630,527

State Funds

$

553,242

$ 3,699,567

$ 3,631,977

$ 6,882,980

$

0

$ 13,337,309

$

0

$ 28,105,075

Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation .......... .$702,534,192
Personal Services ............................................ $506,213,560 Regular Operating Expenses ................................... $60,714,638 Travel ........................................................$2,296,077 Motor Vehicle Purchases ......................................... $680,920 Equipment .................................................... $3,213,596 Computer Charges ............................................. $6,017,166 Real Estate Rentals ............................................ $6,008,776 Telecommunications ............................................ $6,823,074 Per Diem, Fees and Contracts ................................... $9,510,438 Capital Outlay........................................................ $0 Utilities...................................................... $22,010,453 Court Costs ................................................... $1,200,000 County Subsidy .............................................. .$17,273,625 County Subsidy for Jails ........................................ $4,034,500 County Workcamp Construction Grants .................................. $0 Central Repair Fund ........................................... $1,093,624 Payments to Central State Hospital for Meals ..................... $4,059,700 Payments to Central State Hospital for Utilities ................... $1,576,000 Payments to Public Safety for Meals .............................. $577,160 Inmate Release Fund ........................................... $1,300,000 Health Services Purchases ..................................... $67,146,736 Payments to MAG for Health Care Certification ..................... $66,620 University of Georgia--College of Veterinary Medicine
Contracts .................................................... $366,244 Minor Construction Fund ........................................ $894,000 Total Funds Budgeted ....................................... .$723,076,907 Indirect DOAS Funding.......................................... $450,000 Georgia Correctional Industries ......................................... $0 State Funds Budgeted ....................................... .$702,534,192

THURSDAY, MARCH 27, 1997

1943

Executive Operations Administration Human Resources Field Probation Facilities Total

Departmental Functional Budgets Total Funds
$ 14,871,021 $ 74,562,254 $ 12,522,840 $ 61,379,465 $ 559,741,327 $ 723,076,907

State Funds $ 14,514,021 $ 71,053,179 $ 12,522,840 $ 60,899,465 $ 543,544,687 $ 702,534,192

B. Budget Unit: Board of Pardons and Paroles ....................... $44,711,153 Personal Services ............................................. $35,062,129 Regular Operating Expenses .................................... $1,614,750 Travel ......................................................... $542,000 Motor Vehicle Purchases .......................................... $23,000 Equipment ..................................................... $194,424 Computer Charges .............................................. $591,200 Real Estate Rentals ............................................ $2,785,000 Telecommunications ............................................. $930,000 Per Diem, Fees and Contracts ................................... $2,293,650 County Jail Subsidy ............................................. $650,000 Health Services Purchases ........................................ $25,000 Total Funds Budgeted ......................................... $44,711,153 State Funds Budgeted ......................................... $44,711,153

Section 10. Department of Defense. Budget Unit: Department of Defense ............................... $4,363,044 Personal Services ............................................. $10,589,217 Regular Operating Expenses .................................... $6,448,797 Travel .......................................................... $29,375 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $20,000 Computer Charges ............................................... $11,125 Real Estate Rentals .............................................. $24,400 Telecommunications .............................................. $40,825 Per Diem, Fees and Contracts .................................... $454,200 Capital Outlay........................................................ $0 Total Funds Budgeted ......................................... $17,617,939 State Funds Budgeted .......................................... $4,363,044

Departmental Functional Budgets Total Funds

Office of the Adjutant General

$ 1,465,889

Georgia Air National Guard

$ 5,553,809

Georgia Army National Guard

$ 10,598,241

Total

$ 17,617,939

State Funds

$ 1,427,197

$

602,799

$ 2,333,048

$ 4,363,044

Section 11. State Board of Education Department of Education. A. Budget Unit: Department of Education
Operations:................................................ $4,353,401,167 Personal Services ............................................. $34,461,267 Regular Operating Expenses .................................... $4,900,001 Travel ......................................................... $951,664 Motor Vehicle Purchases .......................................... $44,661 Equipment ..................................................... $120,249

1944

JOURNAL OF THE SENATE

Computer Charges ............................................. $9,324,163 Real Estate Rentals ............................................ $1,317,377 Telecommunications ............................................ $1,107,957 Per Diem, Fees and Contracts .................................. $22,239,759 Utilities ........................................................ $793,952 Capital Outlay........................................................ $0 QBE Formula Grants: Kindergarten-Grades 1-3 .................................... $1,087,229,681 Grades 4-8 ................................................. .$921,117,189 Grades 9-12 ................................................ .$376,283,741 High School Laboratories ..................................... $187,374,816 Vocational Education Laboratories ............................ .$122,022,070 Special Education ........................................... .$438,067,665 Gifted ....................................................... $69,771,250 Remedial Education ........................................... $99,733,473 Staff Development and Professional Development ................ .$35,394,416 Media ..................................................... .$114,193,981 Indirect Cost ............................................... .$727,527,989 Pupil Transportation ......................................... $142,325,858 Local Fair Share ........................................... $(703,482,589) Mid-Term Adjustment Reserve.......................................... $0 Teacher Salary Schedule Adjustment .................................... $0 Other Categorical Grants: Equalization Formula ....................................... . $168,134,386 Sparsity Grants ................................................ $3,717,891 In School Suspension .......................................... $27,736,019 Special Instructional Assistance .............................. .$104,583,661 Middle School Incentive........................................ $85,412,511 Special Education Low-Incidence Grants ........................... $563,759 Limited English-Speaking Students Program ..................... $18,078,796 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................................. $45,900,747 School Lunch (Federal) ...................................... .$188,375,722 School Lunch (State) .......................................... $32,038,845 Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification ................... $1,491,147 Regional Education Service Agencies ........................... .$10,389,180 Georgia Learning Resources System .............................. $3,568,830 High School Program .......................................... $21,862,926 Special Education in State Institutions ........................... $3,644,659 Governor's Scholarships......................................... $3,500,000 Counselors ...................................................$11,524,998 Vocational Research and Curriculum .............................. $293,520 Even Start .................................................... $2,720,906 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

THURSDAY, MARCH 27, 1997

1945

At Risk Summer School Program ................................ $4,632,785 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 .............................. .$17,754,530 Mentor Teachers ............................................... $1,250,000 Advanced Placement Exams ...................................... $700,000 Serve America Program.......................................... $382,597 Youth Apprenticeship Grants .................................... $4,340,000 Remedial Summer School ....................................... $1,689,931 Alternative Programs .......................................... $13,191,644 Environmental Science Grants .................................... $100,000 Pay for Performance ............................................ $3,300,000 Mentoring Program ............................................. $500,000 Charter Schools .................................................. $45,000 Technology Specialist .................................................. $0 Migrant Education .............................................. $274,395 Total Funds Budgeted ...................................... $4,849,121,982 Indirect DOAS Services Funding .................................. $340,000 State Funds Budgeted ...................................... $4,353,401,167

Departmental Functional Budgets Total Funds

State Administration

$ 12,008,370

Student Learning and Assessment

$ 18,013,987

Governor's Honors Program

$ 1,124,597

Quality and School Support

$ 5,451,732

Federal Programs

$ 5,635,834

Technology

$ 14,741,637

Professional Practices

$ 1,023,100

Local Programs

$ 4,774,210,932

Georgia Academy for the Blind

$ 5,446,986

Georgia School for the Deaf

$ 4,613,900

Atlanta Area School for the Deaf

$ 5,073,439

Office of School Readiness

$ 1,777,468

Total

$ 4,849,121,982

State Funds

$ 10,550,676

$ 13,948,034

$ 1,047,008

$ 5,451,732

$

347,542

$ 13,667,941

$ 1,023,100

$ 4,292,209,954

$ 5,193,601

$ 4,384,804

$ 4,799,884

$

776,891

$ 4,353,401,167

B. Budget Unit: Lottery for Education ............................. .$296,825,951 Pre-Kindergarten for 4-year-olds .............................. .$211,279,348 Applied Technology Labs ........................................ $2,400,000 Financial and Management Equipment ........................... $3,804,500 Alternative Programs ............................................ $500,000 Educational Technology Centers .................................. $689,836 Distant Learning--Satellite Dishes...................................... $0 Technology Specialist ......................................... .$15,401,836 Capital Outlay................................................ $21,148,000 Post Secondary Options ......................................... $1,661,000 Learning Logic Sites. .......................................... .$1,100,000 Assistive Technology ........................................... $2,000,000 Computers in the Classroom. .................................. .$36,841,431

1946

JOURNAL OF THE SENATE

Total Funds Budgeted ....................................... .$296,825,951 Lottery Funds Budgeted ..................................... .$296,825,951

Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System ............................... $0 Personal Services .............................................. $1,920,759 Regular Operating Expenses ..................................... $260,600 Travel .......................................................... $18,000 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $5,105 Computer Charges .............................................. $544,663 Real Estate Rentals ............................................. $306,040 Telecommunications .............................................. $36,315 Per Diem, Fees and Contracts ................................... $1,291,250 Benefits to Retirees ................................................... $0 Total Funds Budgeted .......................................... $4,382,732 State Funds Budgeted ................................................. $0

Section 13. Forestry Commission. Budget Unit: Forestry Commission ................................ $34,539,659 Personal Services ............................................. $28,662,209 Regular Operating Expenses .................................... $5,636,892 Travel ......................................................... $161,926 Motor Vehicle Purchases ......................................... $668,913 Equipment .................................................... $1,598,518 Computer Charges .............................................. $323,000 Real Estate Rentals .............................................. $21,420 Telecommunications ............................................. $925,319 Per Diem, Fees and Contracts ................................... $1,161,403 Ware County Grant ................................................... $0 Ware County Grant for Southern Forest World ...................... $28,500 Ware County Grant for Road Maintenance .......................... $60,000 Capital Outlay.................................................. $241,752 Total Funds Budgeted ........................................ .$39,489,852 State Funds Budgeted ......................................... $34,539,659

Departmental Functional Budgets Total Funds

Reforestation

$ 1,859,526

Field Services

$ 33,487,912

General Administration and Support

$ 4,142,414

Total

$ 39,489,852

State Funds

$

25,710

$ 30,539,690

$ 3,974,259

$ 34,539,659

Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ...................... $48,215,166 Personal Services ............................................ .$36,668,935 Regular Operating Expenses .................................... $4,455,686 Travel ......................................................... $467,225 Motor Vehicle Purchases ......................................... $294,000 Equipment ..................................................... $570,010 Computer Charges .............................................. $625,355 Real Estate Rentals ............................................ $2,086,425 Telecommunications ............................................ $1,095,470 Per Diem, Fees and Contracts ................................... $1,468,060 Evidence Purchased ............................................. $484,000

THURSDAY, MARCH 27, 1997

1947

Capital Outlay........................................................ $0 Total Funds Budgeted ......................................... $48,215,166 State Funds Budgeted ......................................... $48,215,166

Departmental Functional Budgets Total Funds

Administration

$ 4,324,259

Investigative

$ 24,306,898

Georgia Crime Information Center

$ 8,296,824

Forensic Sciences

$ 11,287,185

Total

$ 48,215,166

State Funds $ 4,324,259 $ 24,306,898 $ 8,296,824 $ 11,287,185 $ 48,215,166

Section 15. Office of the Governor. A. Budget Unit: Office of the Governor ........................... $29,930,439 Personal Services .............................................$15,269,162 Regular Operating Expenses ..................................... $948,169 Travel ......................................................... $240,064 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $56,280 Computer Charges .............................................. $833,200 Real Estate Rentals ............................................. $988,718 Telecommunications ............................................. $447,206 Per Diem, Fees and Contracts ................................... $4,019,019 Cost of Operations ............................................. $3,354,364 Mansion Allowance ............................................... $40,000 Governor's Emergency Fund ..................................... $3,000,000 Intern Stipends and Travel....................................... $156,750 Art Grants of State Funds ...................................... $3,900,000 Art Grants of Non-State Funds ................................... $214,000 Humanities Grant--State Funds .................................. $175,000 Art Acquisitions--State Funds.......................................... $0 Children and Youth Grants ...................................... $276,426 Juvenile Justice Grants ......................................... $1,499,100 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 .......................................... $57,000 Criminal Justice Grants ............................................... $0 Total Funds Budgeted ......................................... $37,344,826 State Funds Budgeted ......................................... $29,930,439

Departmental Functional Budgets Total Funds

Governor's Office

$ 6,551,114

Office of Equal Opportunity

$

983,071

Office of Planning and Budget

$ 7,800,886

Council for the Arts

$ 5,078,137

Office of Consumer Affairs

$ 3,310,307

Georgia Information Technology Policy Council $

646,123

Criminal Justice Coordinating Council

$ 1,250,197

Children and Youth Coordinating Council

$ 2,225,596

State Funds

$ 6,551,114

$

819,125

$ 7,700,886

$ 4,502,137

$ 3,209,307

$

646,123

$

310,878

$

526,596

1948

JOURNAL OF THE SENATE

Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Governor's Commission for the Privatization of
Government Services Total

311,207 4,041,774 4,983,374
163,040 37,344,826

311,207 4,041,774 1,148,252
163,040 29,930,439

Section 16. Department of Human Resources. Budget Unit: Departmental of Human Resources .................. $1,205,031,233
1. General Administration and Support Budget: Services...................................................... $57,133,220 Regular Operating Expenses .................................... $2,197,071 Travel ........................................................ $1,408,999 Motor Vehicle Purchases ........................................ $1,573,678 Equipment ...................................................... $87,698 Real Estate Rentals ............................................ $4,743,651 Per Diem, Fees and Contracts ................................... $6,494,972 Computer Charges ............................................. $1,348,883 Telecommunications ............................................. $741,138 Special Purpose Contracts........................................ $284,000 Service Benefits for Children ................................... $46,486,389 Purchase of Service Contracts .................................. $38,724,534 Institutional Repairs and Maintenance ............................. $89,214 Postage ........................................................ $921,644 Payments to DMA-Community Care ............................. $17,942,073 Total Funds Budgeted ....................................... .$180,177,164 Indirect DOAS Services Funding .................................. $412,600

Departmental Functional Budgets Total Funds

Commissioner's Office

$

924,842

Budget Administration

$ 4,603,346

Children's Community 3d Initiative

$ 5,508,295

Troubled Children's Placemtents

$ 46,486,389

Technology and Support

$ 22,587,756

Facilities Management

$ 5,509,616

Regulatory Services--Pr am Direction and Support

$

743,312

Child Care Licensing

$ 2,752,638

Health Care Facilities Reguilation

$ 10,193,592

Fraud and Abuse

$ 6,468,658

Financial Services

$ 6,198,410

Auditing Services

$ 1,888,006

Personnel Administration

$ 1,837,714

Indirect Cost

$

0

Policy and Government Services

$ 1,027,901

Aging Services

$ 59,985,194

State Health Planning Agenticcy

$ 1,804,142

State Funds

$

924,842

$ 4,603,346

$ 5,133,295

$ 33,335,726

$ 20,944,602

$ 4,255,620

$

733,312

$ 2,752,638

$ 4,490,800

$ 2,350,598

$ 5,998,410

$ 1,888,006

$ 1,837,714

$ (8,988,326)

$ 1,027,901

$ 30,672,202

$ 1,724,142

THURSDAY, MARCH 27, 1997

1949

DD Council Total

1,657,353 180,177,164

49,164 113,733,992

2. Public Health Budget: Personal Services ............................................. $50,123,154
Regular Operating Expenses ................................... $74,065,023 Travel ......................................................... $809,702 Motor Vehicle Purchases ............................................... $0
Equipment ..................................................... $195,367 Real Estate Rentals ............................................ $1,413,650 Per Diem, Fees and Contracts ................................... $4,032,117 Computer Charges ............................................. $1,648,431
Telecommunications ............................................ $1,219,461 Special Purpose Contracts ........................................ $280,732 Purchase of Service Contracts .................................. $14,053,748 Grant-ln-Aid to Counties ..................................... .$132,273,686 Institutional Repairs and Maintenance ............................. $34,500 Postage ........................................................ $100,803 Medical Benefits ............................................... $4,347,222 Total Funds Budgeted ....................................... .$284,597,596 Indirect DOAS Services Funding .................................. $549,718 State Funds Budgeted ....................................... .$153,977,310

Departmental Functional Budgets Total Funds

District Health Administration

12,664,101

Newborn Follow-Up Care

1,459,457

Oral Health

1,573,141

Stroke and Heart Attack Prevention

2,292,312

Sickle Cell, Vision and Hearing

4,092,194

High-Risk Pregnant Women and Infants

5,246,146

Sexually Transmitted Diseases

2,317,835

Family Planning

10,921,359

Women, Infants and Children Nutrition

83,435,710

Grant in Aid to Counties

68,422,827

Children's Medical Services

13,281,839

Emergency Health

3,296,708

Primary Health Care

1,497,688

Epidemiology

598,961

Immunization

1,045,235

Community Tuberculosis Control

6,165,832

Family Health Management

861,506

Infant and Child Health

1,190,809

Maternal Health - Perinatal

2,537,274

Chronic Disease

412,330

Diabetes

569,046

Cancer Control

4,745,852

Director's Office

1,204,563

State Funds 12,534,426 1,244,626 1,250,966 1,179,700 3,693,375 5,134,146 317,677 5,894,042 0 67,292,789 6,505,532 1,947,995 1,394,601 442,425 2,000 4,717,392 683,576 510,584 1,094,399 412,330 569,046 4,745,852 950,372

1950

JOURNAL OF THE SENATE

Injury Control Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Vaccines Drug and Clinic Supplies Adolescent Health Public Health--Planning Councils Early Intervention Public Health-Division Indirect Cost Total

417,968 989,824 2,024,327 2,718,267 1,380,306 6,084,203 175,327 10,027,565 7,843,045 3,250,000 6,626,310 179,869 13,047,860
0 284,597,596

$

206,580

$

941,145

$ 1,777,970

$ 2,495,449

$

868,433

$ 5,814,203

$

175,327

$ 5,094,539

$

0

$ 2,493,380

$ 2,202,706

$

162,372

$ 10,763,073

$ (1,535,718)

$ 153,977,310

3. Rehabilitation Services Budget: Personal Services ............................................. $75,773,945 Regular Operating Expenses ................................... $11,506,402 Travel ........................................................ $1,346,807 Motor Vehicle Purchases .......................................... $50,582 Equipment ..................................................... $751,574 Real Estate Rentals ............................................ $4,117,555 Per Diem, Fees and Contracts ................................... $7,681,803 Computer Charges ............................................. $2,941,416 Telecommunications ............................................ $2,038,541 Case Services .................................................$30,870,191 Special Purpose Contracts........................................ $685,245 Purchase of Services Contracts ................................. $11,526,062 Institutional Repairs and Maintenance ............................ $255,000 Utilities........................................................ $759,650 Postage ........................................................ $823,695 Total Funds Budgeted ....................................... .$151,128,468 Indirect DOAS Services Funding .................................. $100,000 State Funds Budgeted ......................................... $24,077,859

Departmental Functional Budgets Total Funds

Vocational Rehabilitation Services

59,755,423

Independent Living

718,949

Sheltered Employment

566,005

Community Facilities

10,140,272

Program Direction and Support

4,534,976

Grants Management

694,540

Disability Adjudication

36,514,672

Georgia Factory for Blind

12,600,070

Roosevelt Warm Springs Institute

25,603,561

Total

151,128,468

State Funds 11,993,737 283,969 566,005 3,585,422 1,377,936 694,540 0 867,699 4,708,551 24,077,859

THURSDAY, MARCH 27, 1997

1951

4. Family and Children Services Budget: Personal Services ............................................. $47,310,521 Regular Operating Expenses .................................... $4,634,925 Travel ........................................................ $1,172,730 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $383,289 Real Estate Rentals ............................................ $3,555,817 Per Diem, Fees and Contracts .................................. $23,049,502 Computer Charges ............................................ $29,602,552 Telecommunications ........................................... $10,116,881 Children's Trust Fund .......................................... $3,086,607 Cash Benefits................................................$371,492,647 Special Purpose Contracts....................................... $6,099,933 Service Benefits for Children ................................. .$218,815,408 Purchase of Service Contracts .................................. $26,290,684 Postage .......................................................$2,774,088 Grants to County DFACS--Operations ........................ .$312,839,264 Total Funds Budgeted ...................................... $1,061,224,848 Indirect DOAS Services Funding ................................. $2,565,582

Departmental Functional Budgets Total Funds

Director's Office

$

561,966

Social Services

$ 4,238,382

Administrative Support

$ 3,293,100

Quality Assurance

$ 3,856,617

Community Services

$ 10,857,180

Field Management

$

980,185

Human Resources Management

$ 3,121,599

Public Assistance

$ 31,076,955

Employment Services

$ 1,475,648

Child Support Recovery

$ 70,691,121

Temporary Assistance fi STeedy Families

$ 361,202,085

SSI--Supplemental Benefits

$ 1,122,012

Refugee Programs

$ 2,799,420

Energy Benefits

$ 7,223,130

County DFACS Operations;--Eligibility

$ 118,642,194

County DFACS Operati i--Social Services

$ 97,081,879

Food Stamp Issuance

$ 3,190,752

County DFACS Operati i -- Homemakers Services

$ 8,333,523

County DFACS Operati i--Joint and Administration

$ 66,638,769

County DFACS Operati i--Employability Program

$ 22,110,091

Employability Benefits

$ 40,557,515

Legal Services

$ 3,290,503

Family Foster Care

$ 31,595,512

State Funds

$

561,966

$ 3,741,073

$ 2,844,919

$ 3,856,617

$

576,807

$

980,185

$ 2,115,808

$ 13,337,518

$ 1,475,648

$ 7,835,403

$ 119,085,713

$ 1,122,012

$

0

$

0

$ 58,644,381

$ 36,724,751

$

0

$ 2,269,294

$ 32,952,994

$ 8,265,641 $ 16,161,742 $ 2,520,990 $ 17,676,422

1952

JOURNAL OF THE SENATE

Institutional Foster Care

$ 9,833,396 $ 6,239,845

Specialized Foster Care

$ 5,146,142 $ 4,248,383

Adoption Supplement

$ 17,361,167 $ 13,279,408

Prevention of Foster Care

$ 11,544,785 $ 7,408,642

Day Care

$ 117,320,622 $ 38,486,937

Special Projects

$ 2,991,991 $ 1,895,784

Children's Trust Fund

$ 3,086,607 $ 3,086,607

Indirect Cost

$

0 $ (8,910,784)

Total

$ 1,061,224,848 $ 398,484,706

5. Community Mental Health/Mental Retardation and Institutions: Personal Services ........................................... .$344,173,311 Operating Expenses ........................................... $57,412,200 Motor Vehicle Equipment Purchases .............................. $200,000 Utilities ...................................................... $11,532,133 Major Maintenance and Construction............................. $2,127,790 Community Services......................................... .$291,807,430 Total Funds Budgeted ....................................... .$707,252,864 Indirect DOAS Services Funding ................................. $2,404,100 State Funds Budgeted ....................................... .$514,757,366

Departmental Functional Budgets Total Funds

Southwestern State Hospital

$ 40,669,081

Brook Run

$ 24,100,876

Georgia Mental Health Institute

$ 25,218,310

Georgia Regional Hospital at Augusta

$ 21,099,543

Northwest Regional Hospital at Rome

$ 28,192,302

Georgia Regional Hospital at Atlanta

$ 30,329,986

Central State Hospital

$ 128,123,021

Georgia Regional Hospital at Savannah

$ 20,079,028

Gracewood State School and Hospital

$ 53,431,208

West Central Regional Hospital

$ 20,456,414

Outdoor Therapeutic Programs

$ 4,054,089

Metro Drug Abuse Centers

$

970,765

Community Mental Health Services

$ 138,296,410

Community Mental Retardation Services

$ 98,059,238

Community Substance Abuse Services

$ 59,129,559

State Administration

$ 10,206,747

Regional Administration

$ 4,836,287

Total

$ 707,252,864

State Funds

$ 26,106,015

$ 7,262,762

$ 23,300,508

$ 19,212,651

$ 21,320,203

$ 25,774,995

$ 86,338,350

$ 18,397,707

$ 22,076,736

$ 17,670,175

$ 3,145,154

$

909,611

$ 132,279,137

$ 66,886,759

$ 33,531,879

$ 6,361,120

$ 4,183,604

$ 514,757,366

Budget Unit Object Classes: Personal Services ........................................... .$574,514,151 Regular Operating Expenses ................................... $92,403,421 Travel ........................................................ $4,738,238 Motor Vehicle Purchases ........................................ $1,824,260
Equipment .................................................... $1,417,928

THURSDAY, MARCH 27, 1997

1953

Real Estate Rentals ........................................... $13,830,673 Per Diem, Fees and Contracts .................................. $41,258,394 Computer Charges ............................................ $35,541,282 Telecommunications ........................................... $14,116,021 Operating Expenses ........................................... $57,412,200 Major Maintenance and Construction............................. $2,127,790 Community Services......................................... .$291,807,430 Case Services .................................................$30,870,191 Children's Trust Fund .......................................... $3,086,607 Cash Benefits................................................$371,492,647 Special Purpose Contracts....................................... $7,349,910 Service Benefits for Children ................................. .$265,301,797 Purchase of Service Contracts .................................. $90,595,028 Grant-in-Aid to Counties ..................................... .$132,273,686 Institutional Repairs and Maintenance ............................ $378,714 Utilities ...................................................... $12,291,783 Postage ....................................................... $4,620,230 Payments to DMA-Community Care ............................. $17,942,073 Grants to County DFACS--Operations ........................ .$312,839,264 Medical Benefits ............................................... $4,347,222

Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism ........... $20,076,479 Personal Services .............................................. $9,931,865 Regular Operating Expenses .................................... $1,503,726 Travel ......................................................... $387,465 Motor Vehicle Purchases .......................................... $16,200 Equipment ...................................................... $64,757 Computer Charges .............................................. $149,780 Real Estate Rentals ............................................. $850,559 Telecommunications ............................................. $335,700 Per Diem, Fees and Contracts ................................... $1,284,638 Local Welcome Center Contracts .................................. $191,600 Marketing..................................................... $5,536,189 Georgia Ports Authority Lease Rentals .................................. $0 Foreign Currency Reserve .............................................. $0 Waterway Development in Georgia ................................. $50,000 Lanier Regional Watershed Commission ................................. $0 Total Funds Budgeted ........................................ .$20,302,479 State Funds Budgeted ........................................ .$20,076,479

Departmental Functional Budgets Total Funds

Administration

$ 7,955,388

Economic Development

$ 3,721,259

Trade

$ 1,608,625

Tourism

$ 5,327,716

Georgia Legacy

$ 1,089,204

Strategic Planning and Research

$

600,287

Total

$ 20,302,479

State Funds

$ 7,955,388

$ 3,721,259

$ 1,608,625

$ 5,101,716

$ 1,089,204

$

600,287

$ 20,076,479

Section 18. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,799,353 Personal Services ............................................. $14,129,498

1954

JOURNAL OF THE SENATE

Regular Operating Expenses ..................................... $800,728 Travel ......................................................... $534,074 Motor Vehicle Purchases .......................................... $50,000 Equipment ..................................................... $113,558 Computer Charges .............................................. $199,213 Real Estate Rentals ............................................. $825,294 Telecommunications ............................................. $342,424 Per Diem, Fees and Contracts .................................... $211,219 Health Care Utilization Review ......................................... $0 Total Funds Budgeted ......................................... $17,206,008 State Funds Budgeted ......................................... $15,799,353

Departmental Functional Budgets Total Funds

Internal Administration

$ 4,248,088

Insurance Regulation

$ 6,425,444

Industrial Loans Regulation

$

559,587

Fire Safety and Mobile Home Regulations

$ 5,347,889

Special Insurance Fraud Fund

$

625,000

Total

$ 17,206,008

State Funds

$ 4,248,088

$ 6,425,444

$

559,587

$ 3,941,234

$

625,000

$ 15,799,353

Section 19. Department of Labor. Budget Unit: Department of Labor ................................ $10,500,998 Personal Services ............................................. $72,322,396 Regular Operating Expenses .................................... $6,213,740 Travel ........................................................ $1,305,910 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $457,047 Computer Charges ............................................. $3,058,815 Real Estate Rentals ............................................ $1,888,123 Telecommunications ............................................ $1,465,339 Per Diem, Fees and Contracts (JTPA) ........................... $60,500,000 Per Diem, Fees and Contracts ................................... $3,157,943 W.I.N. Grants ........................................................ $0 Payments to State Treasury ..................................... $1,774,079 Capital Outlay ........................................................ $0 Total Funds Budgeted ....................................... .$152,143,392 State Funds Budgeted ......................................... $10,500,998

Section 20. Department of Law. Budget Unit: Department of Law ................................. $13,124,252 Personal Services ............................................. $12,272,365 Regular Operating Expenses ..................................... $638,449 Travel ......................................................... $179,322 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $27,686 Computer Charges .............................................. $311,601 Real Estate Rentals ............................................. $856,234 Telecommunications ............................................. $140,424 Per Diem, Fees and Contracts .................................... $160,000 Books for State Library .......................................... $147,000 Total Funds Budgeted ........................................ .$14,733,081 State Funds Budgeted ......................................... $13,124,252

THURSDAY, MARCH 27, 1997

1955

Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services ............................... $1,175,443,010
Personal Services .............................................$17,102,396 Regular Operating Expenses .................................... $5,314,019 Travel ......................................................... $188,400 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $51,500 Computer Charges ........................................... .$42,678,090 Real Estate Rentals ............................................. $765,380 Telecommunications ............................................. $475,000 Per Diem, Fees and Contracts ................................. $100,384,768 Medicaid Benefits, Penalties and Disallowances................ $3,234,869,442 Audit Contracts ................................................. $772,500 Total Funds Budgeted ...................................... $3,402,601,495 State Funds Budgeted ...................................... $1,175,443,010

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 1,741,886

Benefits, Penalties and Disallowances

$ 3,234,869,442

System Management

$ 49,596,009

Indemnity Chronic Care

$ 1,765,889

Maternal and Child Health

$ 1,811,356

Reimbursement Services

$ 9,099,263

Indemnity Acute Care

$ 3,539,953

Legal and Regulatory

$ 5,695,882

Managed Care

$ 5,053,374

General Administration

$ 89,428,441

Total

$ 3,402,601,495

State Funds

$

870,943

$ 1,130,328,799

$ 10,990,694

$

711,827

$

810,346

$ 3,600,644

$ 1,499,757

$ 2,847,941

$ 2,414,588

$ 21,367,471

$ 1,175,443,010

B. Budget Unit: Indigent Trust Fund............................... $148,828,880 Per Diem, Fees and Contracts ................................... $8,200,000 Benefits ..................................................... $368,962,635 Total Funds Budgeted ....................................... .$377,162,635 State Funds Budgeted ....................................... .$148,828,880

Section 22. Merit System of Personnel Administration. Budget Unit: Merit System Of Personnel Administration .................... $0 Personal Services .............................................. $9,292,482 Regular Operating Expenses .................................... $2,490,055 Travel ......................................................... $111,100 Equipment ...................................................... $30,453 Real Estate Rents ............................................... $882,021 Per Diem, Fees and Contracts ................................ .$190,833,213 Computer Charges ............................................. $3,412,707 Telecommunications ............................................. $447,820 Health Insurance Payments .................................. .$890,662,994 Total Funds Budgeted ...................................... $1,098,162,845 Other Agency Funds............................................. $163,900 Agency Assessments........................................... $12,260,190 Employee and Employer Contributions ....................... $1,085,476,766 Deferred Compensation .......................................... $261,989 State Funds Budgeted ................................................. $0

1956

JOURNAL OF THE SENATE

Departmental Functional Budgets Total Funds

Executive Office

$ 2,889,168

Human Resource Administration

$ 5,121,618

Employee Benefits

$ 1,085,713,239

Internal Administration

$ 3,816,729

Personnel Practices Evaluation Audits

$

622,091

Total

$ 1,098,162,845

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .................. $94,994,956 Personal Services ............................................ .$76,092,825 Regular Operating Expenses ................................... $14,842,499 Travel ......................................................... $578,730 Motor Vehicle Purchases ........................................ $1,058,500 Equipment .................................................... $2,125,893 Real Estate Rentals ............................................ $2,378,593 Per Diem, Fees and Contracts ................................... $5,164,708 Computer Charges .............................................. $869,508 Telecommunications ............................................ $1,325,290 Authority Lease Rentals .......................................... $98,600 Advertising and Promotion ....................................... $575,000 Cost of Material for Resale ...................................... $2,857,663 Capital Outlay: New Construction ............................................... $878,810 Repairs and Maintenance ....................................... $3,088,000 Land Acquisition Support ........................................ $213,750 Wildlife Management Area Land Acquisition ....................... $737,330 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 ....................................................$1,000,000 Chattahoochee River Basin Grants ............................... $2,900,000 Contracts: Paralympic Games .................................................... $0 Technical Assistance Contract .......................................... $0 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia State Games Commission................................. $204,642 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 ..................................... $7,380,472 Solid Waste Trust Fund .......................................... $6,792,756 Payments to Georgia Agricultural Exposition Authority. ..............$2,062,017 Payments to Mclntosh County ...................................... $100,000 Georgia Boxing Commission .......................................... $6,000 Total Funds Budgeted ......................................... .$137,065,383 Receipts from Jekyll Island State Park Authority ..................... $890,073 Receipts from Stone Mountain Memorial Association ................. $3,814,889 Receipts from Lake Lanier Islands Development Authority............ $2,663,931

THURSDAY, MARCH 27, 1997

1957

Receipts from North Georgia Mountain Authority .................... $1,426,635 Indirect DOAS Funding............................................ $200,000 State Funds Budgeted ........................................... $94,994,956

Departmental Functional Budgets Total Funds

Commissioner's Office

$ 4,810,828

Program Support

$ 2,962,334

Historic Preservation

$ 2,681,243

Parks, Recreation and Historic Sites

$ 43,652,146

Coastal Resources

$ 2,189,298

Wildlife Resources

$ 33,720,649

Environmental Protection

$ 46,023,138

Pollution Prevention Assistance

$ 1,025,747

Total

$ 137,065,383

State Funds $ 4,795,828 $ 2,962,334 $ 2,191,243 $ 17,245,041 $ 2,064,580 $ 28,472,228 $ 36,237,955 $ 1,025,747 $ 94,994,956

B. Budget Unit: Georgia Agricultural Exposition Authority .................... $0 Personal Services ..............................................$2,677,702 Regular Operating Expenses .................................... $1,993,200 Travel .......................................................... $25,000 Motor Vehicle Purchases .......................................... $30,000 Equipment ..................................................... $100,000 Computer Charges ............................................... $20,000 Real Estate Rentals ................................................... $0 Telecommunications .............................................. $50,000 Per Diem, Fees and Contracts .................................... $695,000 Capital Outlay........................................................ $0 Total Funds Budgeted .......................................... $5,590,902 State Funds Budgeted ................................................. $0

Departmental Functional Budgets Total Funds

Georgia Agricultural Exposition Authority

$ 5,590,902

State Funds

$

0

Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety......................... $99,540,691
1. Operations Budget: Personal Services ............................................ .$61,941,346 Regular Operating Expenses .................................... $8,005,646 Travel ......................................................... $104,095 Motor Vehicle Purchases ........................................ $2,100,000 Equipment ..................................................... $288,460 Computer Charges ............................................. $3,501,067 Real Estate Rentals .............................................. $28,962 Telecommunications ............................................ $1,944,147 Per Diem, Fees And Contracts .................................... $994,000 State Patrol Posts Repairs and Maintenance ....................... $145,100 Capital Outlay........................................................ $0 Conviction Reports .................................................... $0 Total Funds Budgeted ......................................... $79,052,823 Indirect DOAS Service Funding.................................. $1,650,000 State Funds Budgeted ......................................... $77,402,823
2. Driver Services Budget: Personal Services ............................................. $18,074,759

1958

JOURNAL OF THE SENATE

Regular Operating Expenses .................................... $1,110,763 Travel .......................................................... $54,381 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $47,643 Computer Charges .................................................... $0 Real Estate Rentals .............................................. $47,262 Telecommunications ............................................. $270,000 Per Diem, Fees and Contracts .................................... $271,500 Capital Outlay........................................................ $0 Conviction Reports .............................................. $303,651 State Patrol Posts Repairs and Maintenance ........................ $34,900 Driver License Processing ....................................... $1,923,009 Total Funds Budgeted ......................................... $22,137,868 Indirect DOAS Service Funding......................................... $0 State Funds Budgeted ......................................... $22,137,868

Administration Driver Services Field Operations Total

Departmental Functional Budgets Total Funds
$ 19,334,349 $ 22,137,868 $ 59,718,474 $ 101,190,691

State Funds $ 17,834,349 $ 22,137,868 $ 59,568,474 $ 99,540,691

B. Budget Unit: Units Attached for Administrative Purposes Only. ........................................................ . .$14,162,878 Attached Units Budget: Personal Services .............................................. $8,121,549 Regular Operating Expenses .................................... $2,601,484 Travel .......................................................... $99,663 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $219,153 Computer Charges .............................................. $143,819 Real Estate Rentals ............................................. $156,997 Telecommunications ............................................. $179,113 Per Diem, Fees and Contracts .................................... $553,890 Highway Safety Grants ......................................... $2,425,200 Peace Officers Training Grants .................................. $3,536,527 Capital Outlay........................................................ $0 Total Funds Budgeted ......................................... $18,037,395 State Funds Budgeted ......................................... $14,162,878

Departmental Functional Budgets Total Funds

Office of Highway Safety

$ 3,051,769

Georgia Peace Officers Standards and Training $ 1,417,555

Police Academy

$ 1,179,198

Fire Academy

$ 1,133,947

Georgia Firefighters Standards and Training Council

$

464,482

Georgia Public Safety Training Facility

$ 10,790,444

Total

$ 18,037,395

State Funds

$

327,252

$ 1,417,555

$ 1,089,198

$ 1,023,947

$

464,482

$ 9,840,444

$ 14,162,878

THURSDAY, MARCH 27, 1997

1959

Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System.......... .$15,110,000 Payments to Employees' Retirement System....................... $1,472,500 Employer Contributions........................................ $13,637,500 Total Funds Budgeted ........................................ .$15,110,000 State Funds Budgeted ........................................ .$15,110,000

Section 26. Public Service Commission. Budget Unit: Public Service Commission ............................ $8,482,241 Personal Services .............................................. $7,389,185 Regular Operating Expenses ..................................... $643,921 Travel ......................................................... $277,556 Motor Vehicle Purchases ......................................... $204,500 Equipment ...................................................... $61,826 Computer Charges .............................................. $399,811 Real Estate Rentals ............................................. $330,108 Telecommunications ............................................. $158,378 Per Diem, Fees and Contracts ................................... $1,266,590 Total Funds Budgeted ........................................ .$10,731,875 State Funds Budgeted .......................................... $8,482,241

Administration Transportation Utilities Total

Departmental Functional Budgets Total Funds
$ 2,185,724 $ 3,561,341 $ 4,984,810 $ 10,731,875

State Funds $ 2,185,724 $ 1,541,099 $ 4,755,418 $ 8,482,241

Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................. $1,248,280,988
Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,346,731,158 Sponsored Operations ....................................... .$204,900,000
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$327,745,456 Sponsored Operations ........................................ $146,225,000 Special Funding Initiative...................................... $19,622,118 Office of Minority Business Enterprise ............................ $1,491,151 Student Education Enrichment Program ........................... $351,860 Forestry Research ............................................... $741,611 Research Consortium ........................................... $6,085,000 Capital Outlay.................................................. $419,000 Total Funds Budgeted ...................................... $2,054,312,354 Departmental Income.......................................... $42,000,000 Sponsored Income ........................................... .$351,125,000 Other Funds.................................................$409,866,866 Indirect DOAS Services Funding ................................. $3,039,500 State Funds Budgeted ...................................... $1,248,280,988
B. Budget Unit: Regents Central Office and Other Organized Activities..................................................... .$180,616,759
Personal Services: Educ., Gen., and Dept. Svcs .................................. .$278,691,453 Sponsored Operations ........................................ .$70,533,799
Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$128,037,390 Sponsored Operations ......................................... $42,274,927

1960

JOURNAL OF THE SENATE

Fire Ant and Environmental Toxicology Research ......................... $0 Agricultural Research .......................................... $2,497,965 Advanced Technology Development Center/Economic
Development Institute ....................................... $14,189,218 Capitation Contracts for Family Practice Residency ................ $3,864,204 Residency Capitation Grants .................................... $2,119,378 Student Preceptorships .......................................... $146,400 Mercer Medical School Grant .................................... $7,210,000 Morehouse School of Medicine Grant ............................. $6,044,890 Capital Outlay.................................................. $200,000 Center for Rehabilitation Technology ............................. $3,049,004 SREB Payments ............................................... $4,653,750 Medical Scholarships ........................................... $1,386,882 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000 Rental Payments to Georgia Military College ...................... $1,273,869 CRT Inc. Contract at Georgia Tech Research Institute............... $193,815 Direct Payments to the Georgia Public Telecommunications Commission for Operations ................. .$15,576,961 Total Funds Budgeted ....................................... .$582,743,905 Departmental Income.................................................. $0 Sponsored Income ........................................... .$121,662,552 Other Funds.................................................$279,921,094 Indirect DOAS Services Funding .................................. $543,500 State Funds Budgeted ........................................ $180,616,759

Regents Central Office and Other Organized Activities Total Funds

State Funds

Marine Resources Extension Center

$ 2,297,115 $ 1,458,968

Skidaway Institute of Oceanography

$ 4,789,005 $ 1,583,372

Marine Institute

$ 1,568,456 $ 1,005,675

Georgia Tech Research Institute

$ 107,087,281 $ 9,211,977

Advanced Technology Development Center/ Economic Development Institute

$ 14,189,218 $ 7,061,177

Agricultural Experiment Station

$ 69,107,582 $ 39,921,393

Cooperative Extension Service

$ 55,591,738 $ 32,183,352

Medical College of Georgia Hospital and Clinics $ 262,074,410 $ 33,608,599

Veterinary Medicine Experiment Station

$ 2,984,133 $ 2,984,133

Veterinary Medicine Teaching Hospital

$ 5,118,005 $

535,878

Joint Board of Family Practice

$ 24,977,456 $ 24,977,456

Georgia Radiation Therapy Center

$ 3,413,908 $

0

Athens and Tifton Veterinary Laboratories

$ 3,491,531 $

137,561

Regents Central Office

$ 26,054,067 $ 25,947,218

Total

$ 582,743,905 $ 180,616,759

C. Budget Unit: Georgia Public Telecommunications Commission ............................................................ $0 Personal Services .............................................. $9,906,134 Operating Expenses ........................................... $18,233,490 Total Funds Budgeted ......................................... $28,139,624 Other Funds..................................................$28,139,624 State Funds Budgeted ................................................. $0

THURSDAY, MARCH 27, 1997

1961

D. Budget Unit: Lottery for Education ............................... $33,054,422 Equipment, Technology and Construction Trust Fund ............. $15,000,000 Georgia Public Telecommunications Commission ................... $1,500,000 Internet Connection Initiative ................................... $6,454,422 Special Funding Initiatives ..................................... $10,100,000 Total Funds Budgeted ......................................... $33,054,422 Lottery Funds Budgeted ...................................... .$33,054,422

Section 28. Department of Revenue. Budget Unit: Department of Revenue.............................. $92,513,751 Personal Services ............................................. $60,089,292 Regular Operating Expenses .................................... $5,221,372 Travel ........................................................$1,366,540 Motor Vehicle Purchases ......................................... $120,000 Equipment ..................................................... $410,048 Computer Charges ............................................. $9,407,440 Real Estate Rentals ............................................ $2,886,194 Telecommunications ............................................ $2,711,370 Per Diem, Fees and Contracts ................................... $1,250,237 County Tax Officials/Retirement and PICA ........................ $3,422,795 Grants to Counties/Appraisal Staff ...................................... $0 Motor Vehicle Tags and Decals .................................. $2,404,350 Postage ....................................................... $3,506,810 Investment for Modernization ................................... $4,902,668 Total Funds Budgeted ........................................ .$97,699,116 Indirect DOAS Services Funding ................................. $3,845,000 State Funds Budgeted ......................................... $92,513,751

Departmental Functional Budgets Total Funds

Departmental Administration

$ 7,100,054

Internal Administration

$ 11,243,171

Information Systems

$ 13,517,722

Field Services

$ 16,598,073

Income Tax Unit

$ 8,219,335

Motor Vehicle Unit

$ 17,272,788

Central Audit Unit

$ 8,187,047

Property Tax Unit

$ 4,766,066

Sales Tax Unit

$ 4,036,076

State Board of Equalization

$

23,103

Taxpayer Accounting

$ 4,162,256

Alcohol and Tobacco

$ 2,573,425

Total

$ 97,699,116

State Funds

$ 7,100,054

$ 11,093,171

$ 12,502,522

$ 16,458,073

$ 7,919,335

$ 15,972,788

$ 8,187,047

$ 3,225,701

$ 3,936,076

$

23,103

$ 3,522,456

$ 2,573,425

$ 92,513,751

Section 29. Secretary of State. A. Budget Unit: Secretary of State ............................... .$28,852,465 Personal Services ............................................. $18,092,115 Regular Operating Expenses .................................... $3,106,655 Travel ......................................................... $239,500 Motor Vehicle Purchases ......................................... $135,019 Equipment ...................................................... $89,990 Computer Charges ............................................. $2,774,487

1962

JOURNAL OF THE SENATE

Real Estate Rentals ............................................ $2,402,255 Telecommunications ............................................. $845,850 Per Diem, Fees and Contracts ................................... $1,726,594 Election Expenses ............................................... $485,000 Total Funds Budgeted ......................................... $29,897,465 State Funds Budgeted ......................................... $28,852,465

Departmental Functional Budgets Total Funds

State Funds

Internal Administration

$ 3,919,578 $ 3,889,578

Archives and Records

$ 4,772,902 $ 4,697,902

Business Services and Regulation

$ 4,553,807 $ 3,783,807

Elections and Campaign Disclosure

$ 4,449,713 $ 4,429,713

Drugs and Narcotics

$ 1,195,085 $ 1,195,085

State Ethics Commission

$

387,907 $

387,907

State Examining Boards

$ 10,517,499 $ 10,367,499

Holocaust Commission

$

100,974 $

100,974

Total

$ 29,897,465 $ 28,852,465

B. Budget Unit: Real Estate Commission

$2,235,046

Personal Services .............................................. $1,344,466

Regular Operating Expenses ..................................... $167,500

Travel .......................................................... $15,000

Motor Vehicle Purchases .......................................... $25,000

Equipment ....................................................... $9,630

Computer Charges .............................................. $333,150

Real Estate Rentals ............................................. $165,300

Telecommunications .............................................. $42,000

Per Diem, Fees and Contracts .................................... $133,000

Total Funds Budgeted .......................................... $2,235,046

State Funds Budgeted .......................................... $2,235,046

Departmental Functional Budgets

Real Estate Commission

State Funds $ 2,235,046

Cost of Operations
$ 2,275,046

Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission. ............. .$2,132,890 Personal Services .............................................. $1,277,680 Regular Operating Expenses ..................................... $242,164 Travel .......................................................... $38,568 Motor Vehicle Purchases .......................................... $13,534 Equipment ...................................................... $11,094 Computer Charges ............................................... $45,776 Real Estate Rentals .............................................. $93,293 Telecommunications .............................................. $37,076 Per Diem, Fees and Contracts .................................... $549,905 County Conservation Grants ..................................... $186,500 Total Funds Budgeted .......................................... $2,495,590 State Funds Budgeted .......................................... $2,132,890

Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission ....................... .$34,167,303

THURSDAY, MARCH 27, 1997

1963

Personal Services ............................................... $444,058 Regular Operating Expenses ...................................... $15,000 Travel .......................................................... $16,000 Motor Vehicle Purchases .......................................... $17,000 Equipment ....................................................... $3,100 Computer Charges ............................................... $13,822 Real Estate Rentals .............................................. $40,000 Telecommunications .............................................. $12,000 Per Diem, Fees and Contracts ..................................... $50,000 Payment of Interest and Fees .......................................... $0 Guaranteed Educational Loans .................................. $4,739,075 Tuition Equalization Grants ................................... .$26,264,000 Student Incentive Grants ....................................... $1,221,380 Law Enforcement Personnel Dependents' Grants..................... $86,000 North Georgia College ROTC Grants .............................. $337,500 Osteopathic Medical Loans ....................................... $100,000 Georgia Military Scholarship Grants .............................. $808,368 Paul Douglas Teacher Scholarship Loans ................................ $0 Total Funds Budgeted ......................................... $34,167,303 State Funds Budgeted ......................................... $34,167,303

Departmental Functional Budgets Total Funds

State Funds

Georgia Student Finance Authority

$ 33,556,323 $ 33,556,323

Georgia Nonpublic Postsecondary Education Commission

$

610,980 $

610,980

Total

$ 34,167,303 $ 34,167,303

B. Budget Unit: Lottery for Education ............................. .$174,678,127 HOPE Financial Aid--Tuition .................................. $85,679,048 HOPE Financial Aid--Books ................................... $22,697,638 HOPE Financial Aid--Fees ................................... .$16,609,500 Hope Scholarships--Private Colleges ........................... .$35,786,725 Georgia Military College Scholarship .............................. $755,480 LEPD Scholarship............................................... $249,736 Teacher Scholarships .......................................... $10,000,000 Promise Scholarships ........................................... $2,000,000 Engineer Scholarships ........................................... $900,000 Total Funds Budgeted ....................................... .$174,678,127 Lottery Funds Budgeted ..................................... .$174,678,127

Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.......................... $4,070,000 Personal Services .............................................. $4,872,587 Regular Operating Expenses ..................................... $373,900 Travel .......................................................... $20,500 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $5,700 Computer Charges .............................................. $815,736 Real Estate Rentals ............................................. $475,958 Telecommunications ............................................. $140,302 Per Diem, Fees and Contracts .................................... $308,000 Retirement System Members .................................... $3,750,000 Floor Fund for Local Retirement Systems .......................... $320,000 Total Funds Budgeted ........................................ .$11,082,683 State Funds Budgeted .......................................... $4,070,000

1964

JOURNAL OF THE SENATE

Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ....... .$226,180,069
Personal Services .............................................. $5,632,485 Regular Operating Expenses ..................................... $611,890 Travel ......................................................... $161,380 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $187,271 Real Estate Rentals ............................................. $653,288 Per Diem, Fees and Contracts .................................... $749,575 Computer Charges .............................................. $912,165 Telecommunications ............................................. $129,033 Salaries and Travel of Public Librarians ......................... $14,608,836 Public Library Materials ........................................ $5,898,788 Talking Book Centers........................................... $1,062,342 Public Library Maintenance and Operation........................ $5,689,075 Capital Outlay.................................................. $156,000 Personal Services-Institutions ................................ .$166,668,464 Operating Expenses-Institutions ................................ $47,169,548 Area School Program ...........................................$6,152,736 Adult Literacy Grants ......................................... $18,962,976 Regents Program...............................................$3,406,773 Quick Start Program ........................................... $8,345,152 Total Funds Budgeted ....................................... .$287,157,777 State Funds Budgeted ....................................... .$226,180,069

Departmental Functional Budgets Total Funds

State Funds

Administration

$ 9,037,087 $ 5,938,437

Institutional Programs

$ 278,120,690 $ 220,241,632

Total

$ 287,157,777 $ 226,180,069

B. Budget Unit: Lottery for Education ................................ $5,441,500 Computer Laboratories and Satellite Dishes-Adult Literacy ....... .$1,040,000 Capital Outlay--Technical Institute Satellite Facilities .................... $0 Equipment-Technical Institutes .................................. $4,401,500 Repairs and Renovations--Technical Institutes ........................... $0 Total Funds Budgeted .......................................... $5,441,500 Lottery Funds Budgeted ........................................ $5,441,500

Section 34. Department of Transportation. Budget Unit: Department of Transportation ...................... .$542,507,217 Personal Services ........................................... .$252,140,332 Regular Operating Expenses ................................... $58,974,281 Travel ........................................................ $1,894,091 Motor Vehicle Purchases ........................................ $2,000,000 Equipment .................................................... $7,011,553 Computer Charges ............................................. $8,399,287 Real Estate Rentals ............................................ $1,341,373 Telecommunications ............................................ $2,769,833 Per Diem, Fees and Contracts .................................. $38,674,367 Capital Outlay.............................................. .$778,307,662 Capital Outlay--Airport Approach Aid and Operational Improvements .............................................. . $1,001,874 Capital Outlay--Airport Development ............................ $1,239,992 Mass Transit Grants ......................................... .$10,942,422

THURSDAY, MARCH 27, 1997

1965

Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ............................................... $780,000
Contracts with the Georgia Rail Passenger Authority................ $250,000 Total Funds Budgeted ...................................... $1,165,727,067 State Funds Budgeted ....................................... .$542,507,217

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction

$ 866,001,883

Maintenance and Betterments

$ 239,740,628

Facilities and Equipment

$ 12,932,803

Administration

$ 29,093,905

Total

$ 1,147,769,219

General Funds Budget

Planning and Construction

$

0

Air Transportation

$ 1,863,103

Inter-Modal Transfer Facilities

$ 15,314,745

Harbor/Intra-Coastal Waterways Activities

$

780,000

Total

$ 17,957,848

State Funds $ 267,000,324 $ 227,316,643 $ 12,372,803 $ 28,310,230 $ 535,000,000

$

0

$ 1,451,103

$ 5,276,114

$

780,000

$ 7,507,217

Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service ...................... $19,795,288 Personal Services .............................................. $5,156,689 Regular Operating Expenses ..................................... $180,263 Travel .......................................................... $92,245 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $201,495 Computer Charges ............................................... $20,400 Real Estate Rentals ............................................. $248,700 Telecommunications .............................................. $67,500 Per Diem Fees and Contracts................................... $14,158,810 Operating Expense/Payments to Medical College of Georgia ........ $7,420,422 Regular Operating Expenses for Projects and Insurance ............. $498,100 Total Funds Budgeted ......................................... $28,044,624 State Funds Budgeted ........................................ .$19,795,288

Departmental Functional Budgets Total Funds

Veterans Assistance

$ 20,573,202

Veterans Nursing Home-Augusta

$ 7,471,422

Total

$ 28,044,624

State Funds $ 14,862,258 $ 4,933,030 $ 19,795,288

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board........................ $10,918,457 Personal Services .............................................. $8,826,969 Regular Operating Expenses ..................................... $407,287 Travel ......................................................... $111,345 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $5,160 Computer Charges .............................................. $315,919 Real Estate Rentals ............................................ $1,079,835

1966

JOURNAL OF THE SENATE

Telecommunications ............................................. $166,902 Per Diem, Fees and Contracts .................................... $195,040 Payments to State Treasury ............................................ $0 Total Funds Budgeted ........................................ .$11,108,457 State Funds Budgeted ........................................ .$10,918,457
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)................................. .$349,526,935 Motor Fuel Tax Funds (Issued) ................................. $35,000,000 $384,526,935
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ..................................... $9,200,679 Motor Fuel Tax Funds (New) ........................................... $0 $9,200,679
Section 38. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and em ployees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prose cuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commis sion and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 39. Provisions Relative to Section 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
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:

THURSDAY, MARCH 27, 1997

1967

Recipient Effingham County Board
Effingham County
Cobb County
Cobb County
Cobb County
City of Lilburn City of Jeffersonville Jones County Jefferson County DeKalb County
Fulton County
City of Quitman Echols County Board of Education City of Kennesaw
City of Kennesaw
City of Acworth
City of Pearson
City of Willacoochee City of Clarkston DeKalb County DeKalb County Tattnall County Board of Education
Pike County Newton County Fulton County DeKalb County
DeKalb County Murray County
Columbia County McDuffie County Henry County Atlanta-Fulton Public Library
Foundation DeKalb County
Gwinnett County
Troup County
Heard County

Purpose Media Centers for Effingham County
School System Playground Equipment for Meldrim
Recreational Park Campbell High School Athletic
Department Facility Computer Equipment for King
Springs Elementary Operation Funds for the Blind--Low
Vision Program Improvement for City Park Improvements to City Facilities Equipment for Fire Department Computers for Sheriffs Department Operation Funds for Information
Center at John B. Gordon School Operation Funds for St. Judes
Recovery Center Improvements for City Park High School Gymnasium Repairs Bleachers for Kennesaw State
University Renovation of Old Fire Station into
Recreational Facility Renovation of Coats and Clark
Ballfield Improvements to Recreation
Department Improvements to City Hall Repairs to City Hall Crime Prevention Conference Georgia Women's History Study Operation of Health Outreach
Program Construction of Tennis Courts Purchase Recreation Equipment Operation of Horticulture Program Operation of South DeKalb Business
Incubator Operation of South DeKalb Choir Construction of Murray County
Animal Shelter Operation of Historical Society Operation of Historical Society Paving for Hidden Valley Park Computer Equipment and Materials
for the Roswell Regional Library Operation of the Youth Prevention
Program Construction of Fallen Heros Park
Monument Operation of Troup-Harris-Coweta
Regional Library Parking Lot for Senior Citizens
Center

Amount $40,000
$5,000
$5,000
$15,000
$5,000
$10,000 $20,000 $20,000 $20,000 $30,000
$25,000
$30,000 $20,000 $20,000
$10,000
$10,000
$7,500
$7,500 $10,000
$3,000 $40,000 $10,000
$25,000 $5,000
$10,000 $10,000
$5,000 $15,000
$7,500 $7,500 $5,000 $20,000
$5,000
$25,000
$5,000
$10,000

1968

JOURNAL OF THE SENATE

Coweta County
City of Tignall Fulton County
Hall County Cobb County Board of Education Bacon County City of Commerce City of Tybee City of Pelham City of Atlanta
City of Warner Robins
City of Alapaha Athens/Clarke County Gwinnett County Board of Education
Richmond County
City Kennesaw
Cobb County Board of Education
Butts County
City of Euharlee Taliferro County
DeKalb County
Tattnall County Board of Education
City of Leslie Sumter County Board of Education City of Ideal City of Woodland
City of Lavonia Pulaski County City of Tybee Island City of Senoia Grady County Board of
Commissioners Gwinnett County Board of Education
City of Mt. Zion Clayton County Board of Education DeKalb County Board of Education
City of Georgetown

Playground Equipment for Handicapped Children
Equipment for Fire Department Operation of Fulton County Library
Foundation-Alpharetta Operation of Humane Society Outdoor Classroom Operation of Bacon County Airport Equipment for North Georgia EMS Tybee Island Lighthouse Repairs to Water System Operation of Public Access and
Teacher Preparation Programs at Clark Atlanta University Operating Expenses for the Aviation Museum Little League Equipment Operation of Safe Campus Now Handicapped Access for Meadowcreek High School Operation of Golden Harvest Food Bank Stadium Seating at Kennesaw State University Lighting for Harrison High School Baseball Field Purchase Video Cameras for Sheriffs Patrol Cars Purchase Jaws of Life Historic Preservation of Locust Grove Cemetery Operation of South DeKalb Community Development Corporation Purchase Materials for Vocational Agriculture and Educational Facility Improvements to City Hall Purchase Band Uniforms Equipment for Fire Department Purchase Property for Recreational Facilities Construction of Recreation Field Operation of Pulaski County Renovation of Tybee Lighthouse Purchase Septic Pumper Truck Operation of Spence Volunteer Fire Department Purchase Stadium Benches and Dressing Area for Collins High School Purchase Property Operate Project Decision Operation of DeKalb Historical Society Improvements to Sewer System

$5,000
$5,000 $20,000
$5,000 $15,000 $5,000 $5,000 $5,000 $58,000 $209,000
$440,000
$5,000 $40,000 $25,000
$20,000
$10,000
$10,000
$20,000
$9,500 $30,000
$5,000
$15,000
$8,500 $10,000 $10,000 $11,000
$25,000 $25,000 $100,000 $10,000 $10,000
$20,000
$20,000 $30,000 $15,000
$25,000

THURSDAY, MARCH 27, 1997

1969

Bartow County Bartow County Twiggs County
Gwinnett County Board of Education Cobb County Board of Education City of Lakeland Wilkes County Columbus/Muscogee City of Augusta Fulton County City of Berlin Clarke County Macon County City of Dalton City of Atlanta City of Austell City of Reynolds

Equipment for Folsom Volunteer Fire Department
Equipment for Pine Log Volunteer Fire Department
Equipment for Jefferson-Twiggs County Volunteer Fire Department
Equipment for Meadowcreek High School
Construction of South Cobb High School Athletic Field House
Land for Patton Detention Center
Purchase Equipment for EMS
Operating Expenses for the Bridge Program
Operating Expenses for Trinity School
Operation of Friends of Fulton County Library
Operating Expenses
For the Clarke Central High School Gym
For the Macon County Public Safety and Civil Defense Facility
Operation of the Northwest Georgia Girls Home
Feasibility Study for Agriscience Program at Carver High School
Computer Equipment
Purchase Automobile

$10,000 $10,000
$5,000
$25,000 $75,000 $38,000 $5,000 $15,000 $10,000 $10,000
$5,000 $25,000
$7,000 $10,000 $10,000 $35,000 $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 $1,925.22. 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 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 payment 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:

1970

JOURNAL OF THE SENATE

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 43. 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.

Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness.

Adjust non-state nursing home reimbursement rates effective July 1, 1997 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reimbursement methodology.

Section 44. Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $137.00 per 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 1998 shall not exceed 12.5%.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1998 shall not exceed 8.66%.

Section 45. 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.

THURSDAY, MARCH 27, 1997

1971

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 46. 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 47. Provisions Relative to Section 34, Department of Transportation.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation paya ble in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section DC, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment.
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 48.
In addition to all other appropriations for the State fiscal year ending June 30, 1998, 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

1972

JOURNAL OF THE SENATE

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 49.
To the extent to which federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 50.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 51.
In addition to all other appropriations, there is hereby appropriated as needed, a spe cific sum of money equal to each refund authorized by law, which is required to make re fund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 52.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 53.
In accordance with the requirements of Article K, 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,

THURSDAY, MARCH 27, 1997

1973

agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 54.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1997 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget.
(b.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each 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 55.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget.
Section 56.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expendi ture unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 57. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund.

1974

JOURNAL OF THE SENATE

With regard to the appropriations in Section 37 to the "State of Georgia General Obli gation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $2,312,500 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or im provement of land, waters, property, highways, buildings, structures, equipment or facili ties, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,000,000 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)", $962,000 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, 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 that $10,400,000 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)", $159,563 is specifi cally appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park 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 $1,725,000 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)", $332,538 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Children and Youth Services, by means of the acquisition, construction, development, ex tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $3,595,000 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)", $159,563 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Corrections, 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 $1,725,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,387,000 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Transportation, 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 $15,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $827,875 is specifi cally appropriated for the Department of Technical and Adult Education for the purpose of

THURSDAY, MARCH 27, 1997

1975

financing facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, and of providing certain public li brary facilities for county and independent school systems, counties, municipalities, or boards of trustees of public libraries or library systems, through the issuance of not more than $8,950,000 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)", $118,400 is specifi cally appropriated for the purpose of financing projects and facilities for the Board of Re gents of the University 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 $1,280,000 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)", $545,750 is specifi cally appropriated for the purpose of financing projects and facilities for the Georgia Ports 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 $5,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $29,250 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, 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 $125,000 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)", $508,950 is specifi cally appropriated for the purpose of financing projects and facilities for the Board of Re gents of the University 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 $2,175,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $141,570 is specifi cally appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of 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 $605,000 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)", $1,715,220 is specifi cally appropriated for the purpose of financing facilities for the Department Education, 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 $7,330,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of sixty months.
Section 58. Salary Adjustments.

1976

JOURNAL OF THE SENATE

The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) To provide a general salary adjustment of 0% to 7% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997 (proposed salary adjustments are in conformance with the Georgia Gain pay for per formance system). 2.) To provide a general salary adjustment of 4% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997 (proposed salary adjustments are contingent on an employee's receiving at least "satisfactory" or "meets expectations" on their annual performance appraisal). 3.) To provide for a cost of living adjustment of 4% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4 with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997. 4.) To provide for a cost of living adjustment of 2% for members of the General assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997. 5.) To provide for a 6% in crease in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1997. 6.) To provide for a 4% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose de termined according to an effective date of July 1, 1997. 7.) In addition to the general salary adjustment in item 1, to provide for an additional 2% increase in the Technical Instructor Salary Schedule of the Department of Technical and Adult Education for instructors with the amount of the appropriation for this purpose, and for the purpose of item 1 as to this group, determined according to an effective date of September 1, 1997, such that the total increase on an annualized basis is 6 percent. 8.) In lieu of item 1 above, to provide a 6% funding level for merit increases for Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1997 for non-academic personnel and of September 1, 1997 for academic personnel. 9.) In addition to the general salary adjustment in item 1 above, to provide a 5% conditional salary supplement for incumbents in the Correctional Officer job class series working in high mission (security level V and VI) institutions, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997. 10.) In addi tion to the general salary adjustment in item 1 above, to provide a 5% in-range salary adjustment for Department of Corrections' food service and maintenance workers directly supervising inmates, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997. 11.) In addition to the general salary adjustment in item 1 above, to provide a salary adjustment for administrative law judges in the Office of State Administrative Hearings, with the amount of the appropriation for this purpose determined according to and effective date of October 1, 1997. 12.) In addition to the general salary adjustment in item 1 above, to provide in range salary adjustments and an additional 5% criteria-based in-range salary adjustment for Peace Officer Stan dards Training certified personnel in the Juvenile Correctional Officer job class series within the Department of Children and Youth Services, with the amount of the appropria tion for this purpose determined according to an effective date of October 1, 1997.

Section 59. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1998

$11,781,453,880

Section 60.
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 61.
All laws and parts of laws in conflict with this Act are repealed.
Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on HB 204.

THURSDAY, MARCH 27, 1997

1977

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

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Griffin

Guhl 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 Tanksley Thomas of 54th Thomas of 10th Thompson Turner Walker

Those voting in the negative were Senators:

Balfour Glanton

Gochenour Price of 56th

Tysinger

Those not voting were Senators:

Brown of 26th

Harbison

Taylor (excused)

On the motion, the yeas were 48, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on HB 204.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 254. By Senators Walker of the 22nd, Madden of the 47th, Abernathy of the 38th 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 House has disagreed to the Senate substitute to the following bill 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.
The House has adopted the report of the Committee of Conference on the following bill of the House:

1978

JOURNAL OF THE SENATE

HB 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997 and ending June 30, 1998.
The following bill was taken up to consider House action thereto:
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.
Senator Egan of the 40th moved that the Senate adhere to its amendments to HB 294 and that a Committee of Conference be appointed.
On the motion, the yeas were 29, nays 0; the motion prevailed and the President ap pointed as a Conference Committee on the part of the Senate the following Senators: Oliver of the 42nd, Thompson of the 33rd and Hill of the 4th.
The Calendar was resumed.
HB 572. By Representative Teper of the 61st:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to damages, so as to provide for removing the limitation on punitive damages for tort cases involving the in fluence of intoxicating or toxic agents on the defendant or for defendants meet ing specified criteria as to intent, knowledge, or constructive knowledge. Senate Sponsor: Senator Oliver of the 42nd.
The Senate Judiciary Committee offered the following substitute to HB 572:
A BILL
To be entitled an Act to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to damages, so as to provide for removing the limitation on punitive damages for tort cases involving the influence on intox icating or toxic agents on the defendant; 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.
Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to damages, is amended by striking in its entirety Code Section 51-12-5.1, relating to punitive damages, and substituting in lieu thereof the following:
"51-12-5.1.
(a) As used in this Code section, the term 'punitive damages' is synonymous with the terms Vindictive damages,' 'exemplary damages,' and other descriptions of additional damages awarded because of aggravating circumstances in order to penalize, punish, or deter a defendant.
(b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct,

THURSDAY, MARCH 27, 1997

1979

malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.
(c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.
(d) (1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings.
(2) If it is found that punitive damages are to be awarded, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded according to subsection (e), (f), or (g) of this Code section, as applicable.
(e) (1) In a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount which may be awarded as punitive dam ages. Only one award of punitive damages may be recovered in a court in this state from a defendant for any act or omission if the cause of action arises from product liability, regardless of the number of causes of action which may arise from such act or omission.
(2) Seventy-five percent of any amounts awarded under this subsection as punitive damages, less a proportionate part of the costs of litigation, including reasonable attor ney's fees, all as determined by the trial judge, shall be paid into the treasury of the state through the Office of Treasury and Fiscal Services. Upon issuance ofjudgment in such a case, the state shall have all rights due a judgment creditor until such judgment is satisfied and shall stand on equal footing with the plaintiff of the original case in securing a recovery after payment to the plaintiff of damages awarded other than as punitive damages. A judgment debtor may remit the state's proportional share of pu nitive damages to the clerk of the court in which the judgment was rendered. It shall be the duty of the clerk to pay over such amounts to the Office of Treasury and Fiscal Services within 60 days of receipt from the judgment debtor. This paragraph shall not be construed as making the state a party at interest and the sole right of the state is to the proceeds as provided in this paragraph.
(f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol, drugs, or any intentionally consumed glue, aerosol, or other toxic vapor, there shall be no limita tion regarding the amount which may be awarded as punitive damages against an active tortfeasor but such damages shall not be the liability of any defendant other than an active tortfeasor. Provided, however, where the defendant is acting as an agent for a third party and that third party knew or should have known that the defendant was under the influence as described above, then, in that event, said third party shall be considered as a joint tortfeasor with the active tortfeasor.
(g) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00.
(h) This Code section shall apply only to causes of action arising on or after -July 1, 1987 the effective date of this subsection."
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.

1980

JOURNAL OF THE SENATE

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 committee substitute to HB 572 by striking line 6 of page 1 and inserting in lieu thereof the following:
"to eliminate a provision relating to liability of third parties as joint tortfeasors; to pro vide for an effective date; to provide for".
By striking lines 13 through 18 of page 3 and inserting in lieu thereof the following:
"tortfeasor. Provided, liuwevui, wheie Qie defendant is acting as an agent fui a Lhird paity and Chat lliii J paity knew 01 should have knuwn thai Ike defendant was undei the influence as desciibed above, Chmi, in that event, said Ihird pai ly shall be considered as a
juinL tui Llcasui witli tlie atlivt; tui tieasui.
On the adoption of the amendment, the yeas were 32, nays 0, and the Land amend ment to the committee substitute was adopted.
Senator Clay of the 37th offered the following amendment:
Amend the committee substitute to HB 572
by striking on line 13, p.3, beginning with the word, "provided" to the word "tortfeasor" on line 18 of p.3.
Senator Clay of the 37th asked unanimous consent that his amendment be withdrawn.
The consent was granted and the amendment was withdrawn.
Senator Oliver of the 42nd offered the following amendment:
Amend the Senate Judiciary Committee Substitute to HB 572 by striking line 7 of page 3 and inserting in lieu thereof the following:
"failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription,".
On the adoption of the amendment, the yeas were 37, nays 0, and the Oliver amend ment to the committee substitute was adopted.
Senator Oliver of the 42nd offered the following amendment:
Amend the Senate Judiciary Committee Substitute to HB 572 by striking line 9 of page 3 and inserting in lieu thereof the following:
"toxic vapor to that degree that his or her judgment is substantially impaired, there shall be no limitation regarding the".
On the adoption of the amendment, the yeas were 36, nays 0, and the Oliver amend ment to the committee substitute was adopted.
The consent was granted and the amendment was withdrawn.
Senators Johnson of the 1st, Brush of the 24th and Ray of 48th offered the following amendment:
Amend the Senate committee substitute to HB 572 by striking line 1 of page 1 and in serting in lieu thereof the following:
"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 limitation on recovery of damages to uninsured motorists and drivers injured while under the influence of alcohol or drugs; to amend Article 1 of Chapter 12 of Title 51 of the Official".

THURSDAY, MARCH 27, 1997

1981

By inserting after line 9 of page 1 the following:

"SECTION 1.

Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provi sions relative to torts, is amended by adding immediately following Code Section 51-1-6 a new Code Section 51-1-6.1 to read as follows:
'51-1-6.1.
(a) Except as provided in subsection (c) of this Code section, in any civil action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impair ment, disfigurement, or other nonpecuniary damages if any of the following applies:
(1) The injured person was at the time of the accident operating the vehicle in violation of Code Section 40-6-391 and was convicted of that offense; or
(2) The injured person was the owner and operator of a motor vehicle involved in the accident and the vehicle was not insured as required by the laws of this state.
(b) Except as provided in subsection (c) of this Code section, an insurer shall not be liable directly or indirectly under a policy of liability or uninsured motorist insurance to indem nify for noneconomic losses of a person injured as described in subsection (a) of this Code section.
(c) In the event a person described in paragraph (2) of subsection (a) of this Code section was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Code Section 40-6-391 and was convicted of that offense, the injured per son shall not be barred from recovering noneconomic losses to compensate for pain, suf fering, inconvenience, physical impairment, disfigurement, or other nonpecuniary damages.'"
By renumbering Sections 1 through 3 as Sections 2 through 4, respectively.
Senator Johnson of the 1st asked unanimous consent that his amendment be withdrawn.
Senator Johnson of the 1st offered the following amendment:
Amend the Johnson amendment to HB 572
by adding "intentionally" on line 31 of page 1 between "was" and "not"
Because the Johnson, Brush amendment was withdrawn, the amendment offered by Senator Johnson of the 1st to the Johnson, Brush amendment was moot.
On the adoption of the substitute, the yeas were 41, nays 0, and the committee substi tute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Bowen Broun of 46th Brown of 26th Burton Clay Crotts Dean Egan Fort Gillis

Griffin Guhl Harbison Henson Hooks James Johnson of 2nd Kemp Land Langford Madden

Marable Middleton Oliver Perdue Ralston Ray Stokes Streat Tanksley Thomas of 10th Thompson

1982

JOURNAL OF THE SENATE

Tysinger Walker

Those voting in the negative were Senators:

Balfour Blitch Brush Cagle Cheeks Glanton

Gochenour Hill Huggins Johnson of 1st Lamutt Price of 28th

Price of 56th Ragan Roberts Thomas of 54th Turner

Those not voting were Senators:

Boshears Scott

Starr Taylor (excused)

On the passage of the bill, the yeas were 35, nays 17.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Starr of the 44th assumed the Chair. The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 professions to which the affidavit requirement applies; to provide for an effective date and for applicability to cases and actions; 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 against a professional licensed by the State of Georgia and listed in subsection (f) of this Code section, the plain tiff shall be required to file with the complaint an affidavit of an expert competent to

THURSDAY, MARCH 27, 1997

1983

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 contemporaneous filing requirement of subsection (a) of this code section shall not apply to any case in which the period of limitation will expire or there is a good faith basis to believe it will expire on any claim stated in the complaint within ten days of the date of filing and, because of such time constraints, the plaintiff has alleged that an affi davit of an expert could not be prepared. In such cases, the plaintiff shall have 45 days after the filing of the complaint to 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 and the defendant against whom an affidavit should have been filed alleges, by motion to dismiss filed contemporaneously with its initial responsive pleading that the plaintiff has failed to file the requisite affidavit, the complaint is subject to dismissal for failure to state a claiinT
(c) If an affidavit is filed after Hie filing uf a complaint, a& alluwej undei subsection (b) of
tiii8 CJuuG StiCtlGn, tll.6 CicltiiiQtti it SO3.I1 llOt D6 i"eCj_Uirt;Cl tO llle flu tHS"Wt;i" Lu ttiu Cuilipltilllt
and affidavit until 30 days aftei the filing uf llie affidavit.
fd~) (c) This Code section shall not be construed to extend any applicable period of limitationTexcept 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.
fe) (d) Except as allowed unJui subsection (b) uf this Cude section, if a plaintiff fails tu file
lt StS i'cC[U.ireCl Dy lJ.Xi.js L^GQe ScuLiOii uuiltt;lllpGl fctiitJuusly^ WlXli <i CutiiplSliiL <iilt;^~
fessiunal malpiactice and the defendant laises the failuiu tu file bucli a
CIl COD.Tpl3.liil IS subject to CtlSHiisScil IO11 I3.11U.1 6 tO
Cidlit to \_/OClt;
luss a cuuit dettiimiiibb that Llie plamtiff had the lequibllb affidavit available piiui tu filing Lhe cumplaiitt and the failuie to file the affidavit was the Jesuit uf a mistake. If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it per tains alleges, with specificity, by motion to dismiss filed contemporaneously with its inF tial responsive pleading, that said affidavit is defective, the plaintiffs complaint is subject to dismissal for failure to state a claim, except that the plaintiff may cure the alleged defect by amendment pursuant to Code Section 9-11-15 within 30 days of service of the motion 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.
if) (e) If a plaintiff fails to file an affidavit as required by this Code section and the defend ant raises the failure to file such an affidavit iii its initial lespunsive 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 Co filing the complaint within the time required by this Code section and the failure to file the affidavit was the result of a mistake.
(f) The professions to which this Code section applies are:
(1) Architects;
(2) Attorneys at law;
(3) Certified public accountants;
(4) Chiropractors;
(5) Clinical social workers;
(6) Dentists;
(7) Dieticians;
(8) Land surveyors;

1984

JOURNAL OF THE SENATE

(9) Medical doctors; (10) Marriage and family therapists; (11) Nurses; (12) Occupational therapists; (13) Optometrists; (14) Osteopathic physicians; (15) Pharmacists; (16) Physical therapists; (17) Physicians' assistants; (18) Professional counselors; (19) Professional engineers; (20) Podiatrists; (21) Psychologists; (22) Radiological technicians; (23) Respiratory therapists; or (24) Veterinarians."

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 moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 276
by inserting on p.l, line 27, after "section" and before the "," the following:
"or against any licensed healthcare facility alleged to be liable based upon the action or inaction of a healthcare professional licensed by the State of Georgia and listed in subsec tion (f) of this code section,
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th 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 Stokes Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

THURSDAY, MARCH 27, 1997

1985

Those not voting were Senators:

Bowen Egan

Starr (presiding) Streat

Tanksley Taylor (excused)

On the motion, the yeas were 50, nays 0; the motion prevailed and the Senate agreed to the House substitute to SB 276 as amended by the Senate.
The Calendar was resumed.

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.
Senate Sponsor: Senator Burton of the 5th.
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 27, 1997

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

SUBJECT: State Auditor's Certification House Bill 333 (LC 21 4229)

Dear Chairman Cummings:
This bill provides clarification regarding the basis for which insurance companies would levy the 1% tax currently paid to the Georgia Firemen's Pension Fund. This bill also estab lishes a statute of limitation regarding the length of time taxpayers would have to request a refund if they believe an overpayment was made. This limit would be one year.
This is to certify that this retirement bill is a nonfiscal bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the 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 Griffin Guhl Hill Huggins James

1986

JOURNAL OF THE SENATE

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

Oliver Price of 28th Price of 56th Ralston Ray Roberts

Those not voting were Senators:

Egan Fort Gochenour Harbison Henson Hooks

Marable Middleton Perdue Ragan Starr (presiding)

Scott Stokes Thomas of 54th Thomas of 10th Turner Tysinger
Streat Tanksley Taylor (excused) Thompson Walker

On the passage of the bill, the yeas were 40, 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 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 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission.
The Speaker has appointed on the part of the House, Representatives Carter of the 166th, Hudson of the 156th and Walker of the 141st.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

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.
The House has agreed to the Senate substitutes to the following bills of the House:

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.

THURSDAY, MARCH 27, 1997

1987

HB 307. By Representative Smith of the 109th:
A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs on judicial process, so as to provide for ad ditional requirements for garnishment of funds or other property under the con trol of financial institutions; to require certain information in summons of gar nishment.
The House has agreed to the Senate substitute to the following resolution of the House:
HR 268. By Representatives Floyd of the 138th and James of the 140th:
A resolution designating the Alien B. Fulford Bridge.
The House has agreed to the Senate amendments to the following bills of the House:
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.
HB 869. By Representatives Ray of the 128th, Powell of the 23rd, Hudson of the 156th and others:
A bill to amend Code Section 40-3-4 of the Official Code of Georgia Annotated, relating to exclusions from motor vehicle certificate of title requirements, so as to change certain provisions relating to exclusions for certain vehicles which are 15 or more model years old.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 81. By Senators Taylor of the 12th, Brown of the 26th, 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 Calendar was resumed.
HB 62. By Representatives Wiles of the 34th, Johnston of the 81st and Parsons of the 40th:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the origi nal issuance. Senate Sponsor: Senator Clay of the 37th.
Senators Glanton of the 34th and Clay of the 37th offered the following amendment: Amend HB 62 by inserting on line 5 of page 1, following the word and symbol "fees;", the following:
"to amend Code Section 40-5-28, relating to the issuance of drivers' licenses, to repeal a certain provision relating to requiring fingerprints;"

1988

JOURNAL OF THE SENATE

By inserting following line 3 of page 2 the following:

"SECTION 1A.

Code Section 40-5-28, relating to the issuance of drivers' licenses, is amended by striking the last sentence of such Code section, which reads as follows:
'Specifically but without limitation, the department may require applicants to submit fingerprints by means of an inkless fingerprint scanning device upon application.' "
On the adoption of the amendment, Senator Balfour of the 9th called for the yeas and nays.
The call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Brush Burton Cagle Cheeks Clay Crotts Dean Fort Glanton

Gochenour Griffin Guhl Henson Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Middleton

Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Stokes Tanksley Thomas of 54th Thompson Turner

Those voting in the negative were Senators:

Bowen Broun of 46th Brown of 26th

Egan Gillis Harbison

Marable Ragan Tysinger

Those not voting were Senators:

Hill Hooks Land

Starr (presiding) Streat Taylor (excused)

Thomas of 10th Walker

On the adoption of the amendment, the yeas were 39, nays 9, and the Glanton, Clay amendment to HB 62 as 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 Brush Burton Cagle Cheeks Clay Crotts

Dean Egan Fort Glanton Gochenour Griffin Guhl Harbison Henson Huggins James Johnson of 2nd

Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan

THURSDAY, MARCH 27, 1997

1989

Ralston Ray Roberts Scott

Stokes Tanksley Thomas of 54th

Thomas of 10th Thompson Tysinger

Those voting in the negative were Senators:

Bowen

Gillis

Turner

Those not voting were Senators:

Hill Hooks Land

Starr (presiding) Streat

Taylor (excused) Walker

On the passage of the bill, the yeas were 46, nays 3. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

HE 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.
Senator Ragan of the llth moved that the Senate adhere to its amendment and that a Committee of Conference be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Starr of the 44th, who was presiding, appointed as a Conference Committee on the part of the Senate the following Senators: Ragan of the llth, Streat of the 19th and Middleton of the 50th.
The Calendar was resumed.

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. Senate Sponsor: Senator Langford of the 29th.
The Senate Insurance and Labor Committee offered the following substitute to HB 233:
A BILL
To be entitled an Act to amend Code Section 33-1-9 of the Official Code of Georgia Anno tated, relating to insurance fraud, so as to provide for increased penalties for felony insur ance fraud; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, is amended by striking in its entirety subsection (c) of said Code section, which reads as follows:

1990

JOURNAL OF THE SENATE

'(c) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
(2) Where the claim, benefit, or money referred to in subsection (a) of this Code section exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both.",
and inserting in lieu thereof a new subsection (c) to read as follows:
''(c) A person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both."

SECTION 2.

This Act shall become effective July 1, 1997, and shall apply with respect to offenses com mitted on or after that effective date. This Act shall not apply to or affect conduct or of fenses committed prior to that effective date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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
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 Stokes Tanksley Thomas of 54th Thomas of 10th Turner Tysinger Walker

Those not voting were Senators:

Blitch Hill

Starr (presiding) Streat

Taylor (excused) Thompson

On the passage of the bill, the yeas were 50, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Clay of the 37th moved that Senator Thompson of the 33rd be excused.

THURSDAY, MARCH 27, 1997

1991

On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Thompson was excused.

HB 84. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others:

A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions with re spect to the distribution of tax revenues.
Senate Sponsor: Senator Starr of the 44th.

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

Those voting in the affirmative were Senators:

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

Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Tanksley Thomas of 54th Thomas of 10th Turner Tysinger Walker

Those not voting were Senators:

Abernathy Blitch Gochenour
Henson

Middleton Starr (presiding) Stokes

Streat Taylor (excused) Thompson (excused)

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

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. Senate Sponsor: Senator Starr of the 44th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1992

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 Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Fort Glanton Griffin

Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver

Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Tanksley Thomas of 54th Thomas of 10th Turner Tysinger Walker

Those not voting were Senators:

Blitch Clay Egan Gillis Gochenour

Guhl Hill Middleton Perdue

Starr (presiding) Streat Taylor (excused) Thompson (excused)

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Brush of the 24th moved that Senator Griffin of the 25th be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Griffin was excused. The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the inapplicability of certain provisions of law to surplus line insurance; to provide for editorial revision; to change the priority of distribution of claims from an insurer's estate; to provide for a definition; to provide for medical payments coverage for private passenger automobile insurance coverage written in this state; to pro vide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-5-22, relating to licensing of surplus line brokers generally, and inserting in lieu thereof the following:

THURSDAY, MARCH 27, 1997

1993

"33-5-21.1.
Insurance placed in accordance with this article shall not be subject to the provisions of Chapter 9 of this title or Code Section 33-24-9T
33.5.22.
Any person, while licensed as a resident agent or broker as to property, casualty, and surety insurances, and who is deemed by the Commissioner to be competent and trust worthy, may be licensed as a surplus line broker as follows:
(1) Application to the Commissioner for the license shall be on forms furnished by the Commissioner;
(2) The license fee shall be in an amount as provided in Code Section 33-8-1;
(3) Each license shall be issued for a term expiring on December 31 next following the date of issuance and may be renewed annually by filing an application and paying the prescribed fee in accordance with this Code section;
(4) Prior to the issuance of the license or any renewal of such license the applicant shall file with the Commissioner a bond, to be approved by the Commissioner and made payable to the Commissioner or his successor in office, for the benefit of any person injured by the violation of the conditions provided in this paragraph. The bond shall be executed by the applicant as principal and by a corporate surety authorized to do busi ness in this state and shall be in the penal sum of $50,000.00, conditioned that the applicant will comply with the following:
(A) Place insurance only in compliance with Code Section 33-5-25;
(B) Remit promptly the taxes provided in Code Section 33-5-31;
(C) Account to any person requesting him to obtain insurance for funds or premiums collected in connection with such insurance; and
(D) Otherwise conduct business in accordance with this title.
The bond shall not be terminated unless prior to such termination 30 days' written notice is filed with the Commissioner; and
(5) Each applicant for a license to act as a surplus line broker shall submit to a per sonal written examination to determine his or her competence."
SECTION 2.
Said title is further amended by striking Code Section 33-37-41, relating to priority of dis tribution of claims from an insurer's estate, and inserting in lieu thereof a new Code section to read as follows:
"33-37-41.
For all pending and future claims in insolvencies existing on July 1, 1997, and for all claims in future insolvencies, the The priority of distribution of claims from the insurer's estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be:
(1) Class 1. The costs and expenses of administration during rehabilitation and liqui dation, including, but not limited to, the following:
(A) The actual and necessary costs of preserving or recovering the assets of the insurer;
(B) Compensation for all authorized services rendered in the rehabilitation and liquidation;
(C) Any necessary filing fees;
(D) The fees and mileage payable to witnesses;

1994

JOURNAL OF THE SENATE

(E) Authorized reasonable attorney's fees and other professional services rendered in the rehabilitation and liquidation; and
(F) The reasonable expenses of a guaranty association or foreign guaranty associa tion for unallocated loss adjustment expenses;
(2) Class 2. Reasonable compensation lu employees fui sei vices peifomied to the tjx-
ttjlit til&t tlity CiO liot eXCeeu tvVO illGlitllS Ol iliOiiettll y COlHpciiScitlOll illlCt T6pi*t;St;lit pfciy~
111ent TOT SelTVlC6S peiiOi iiitH-l Wltlllll Oile ye ell* D6IOr6 tlit; Tiling OI tile petition 10 i*
liquidation 01, if lehabililalion piemled liquiJaliun, within one yeai before the filing uf the petition fui rehabilitation. Piincipal ufficeis and JiiecLurs shall nut be entitled lu Llic Oeiieiit or this priority uxCcpt 3.S Gtiici'WiSe cipproveci by tile iicjuictcitui.' cUicl trie court . iju.uii priority sniiii ut; in lieu, oi diiy L/tner simil&.r priority wlucli ins_y oe sutlior~ i^eJ by law as Lu wages ui compensation of employ ebb All claims under policies, includ ing third-party claims and all claims of a guaranty association or foreign guaranty association. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values, shall be treated as loss claims. That portion of any loss, indemnification for which is provided by other benefits or advan tages recovered by the claimant, shall not be included in this class other than benefits or advantages recovered or recoverable in discharge of familial obligation of support or by way of succession at death or as proceeds of life insurance or as gratuities. No payment by an employer to his or her employee shall be treated as a gratuity;
(3) Class 3. All claims undei policies, including such claims uf the federal oi any slate
ui' iGCcil ^JuVel niiiciit lOi" lOsSeS HiCu.i*i*t;Cl, lHulU-ttlHj^ tiili'Ci pill t^ CluiiiiS tulil clll C13.11YLS OI SL
^U.3.1 tiiit^y asSOCltttlOl'i Ol' iuicl^li guai^ilty <iSSOC13.tlOIi. AJ.1 C13.11HS U.lluei llie iilsu.i*B.llCe
ciiiu ailiiLAity pOliCicS, Wllfetliei" lui* Clcfl.tll piuCeeQB, ciilii Ulty ^ji'uCt;t;Cl.c> j Ol* IliVestHieiiL va.l~
ues shall be Uealed ab loss claims. That puiliun uf any luss, inJuiimifuiatiuii fui which
is |jiLOVlClt;Ll uV Otlici* uelltriTts Oi* a.ClVd.ilt&.^t;ci reCOvei'cCl Oy tile Cl&.nli3.1it Si i all HCXt Oe iii-
CiU.QeQ 111 LiliS Cl3.SS OtfleT tllfl.il uelieiltS OT tlCiVciritcl^tiS TcCuVcreQ Ol I'cCuvciciljlt; 111 Q1S~
diai'^c OI Ictlilllitil Otjli^dtiuil Ot HU.(jpOi't Ol \jy Wdy Ol SULCCessiuii tit Cicdtri Ol as jji'OCt;t;u.S
OI lile lllSu.iLH.iiCti Ol* 3.s giStuititiS. 1NO JJii^lntJilt ijy fl,Ii eiiijjluyci* to 111S BTiipluycc Sllfl.il De
Uualed ds a gialuity Claims of the federal government except those under Class 2;
(4} Olciss 4. CJ10.1ins tinciGi' riOii3.ciSess3.ule jjoliCics IGF uiiccii'iit^ci pi*einiLiiii ui utlicr pre~
iiiiuiii i cluliClS 3.UQ ulfciiillSTji ^enei*3l Ci'cultol'S, UiClu.uiii^ CitiilllS Ol COuill^ ctm_i iABSiiiillll^
cuiupaiiitis ill Ihuii capacily as such Reasonable compensation to employees for services performed to the extent that such compensation does not exceed two months of mone tary compensation and represents payment for services performed within one year before the filing of the petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for rehabilitation. Principal officers and directors shall not be entitled to the benefit of this priority except as otherwise ap proved by the liquidator and the court. Such priority shall be in lieu of any other simi lar priority which may be authorized by law as to wages or compensation of employees;
(5) Class 5. Claims uf the fedeial ui any state ui local government except thube under Clabb 3. Claims, including Ihuse of any goveiiiiunnlal bujy foi a penally 01 foifeiluie, sii<ill uc ctllowect in tins ci^ss only to tlie exteiit oi tlie pecuins.i'y loss su.stciiiit;cl Irom tlie idol, trsiisiiCtiOii, or pioceecliii^ out oi wliicli trie pen&lty 01 luiieiture a.i*osc witri refctsoii~
3Die clUCI S.CtU.3.1 COStfe GCCeiiSiuHeCt llici'cljy. 1 Tie i'eili^.HiClt:T Oi BU-Cil Cld.llHS &11&.11 ue pOSt~
ponETC! to ttie cl3.ss oi claims estdolislieti u.iidt:r p&r&.^i ct^jli (,o ) or tins vjocle section Claims under nonassessable policies for unearned premium or other premium refunds and claims of general creditors, including claims of ceding and assuming companies in their capacity as sucE;
(6) Class 6. Claims filed lale ui any ulher claims ulhei Ihan claims midei paiagiaphh (7) and (8) uf Ihis Code secliuii Claims of any state or local government except those under Class 2. Claims, including those of any governmental body for a penalty or for feiture, shall be allowed in this class only to the extent of the pecuniary loss sustained From the act, transaction, or proceeding out of which the penalty or forfeiture arose

THURSDAY, MARCH 27, 1997

1995

with reasonable and actual costs occasioned thereby. The remainder of such claims sriall be postponed to the class of claims established under paragraph (8) of this Code section;

shall be limited ill accuidaiiue with law Claims filed late or any other claims other than claims under paragraphs (8) and (9) of this Code section; and
(8) Class 8. The claimb uf bhaieliulJeib ui uthei uwiieis in Iheh capacity ab hhaiehulders Surplus or contribution notes or similar obligations and premium refunds on as sessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law; and
(9) Class 9. The claims of shareholders or other owners in their capacity as shareholders."
SECTION 3.
Said title is further 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 Be 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.
fi) (2) 'Motor vehicle' means a vehicle having more than three load-bearing wheels of a kinoTrequired 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.
frr) (4) 'Self-insurer' means any owner who has on file with the Commissioner of Insur ance""^ 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 4.
Said title is further amended by adding immediately following Code Section 33-34-3 a new Code Section 33-34-3.1 to read as follows:

1996

JOURNAL OF THE SENATE

"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."

SECTION 5.

Section 2 of this Act shall apply to all claims filed in any proceeding to liquidate an insurer, which proceeding is pending on July 1, 1997, or which is commenced on or after July 1, 1997.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 29th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 356 by adding after line 8 of page 1 the following:
"provide for certain circumstances under which new life insurance may exceed insurance being surrendered; to".
By adding after line 33 of page 5 the following:

"SECTION 3.

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code Section 33-24-6.1 to read as follows:
'33-24-6.1.
Notwithstanding the provisions of subsection (c) of Code Section 33-24-3, subsection (d) of Code Section 33-24-6, or paragraph (11) of Code Section 33-27-3 which relate to the replacement of existing life insurance, any new life insurance may exceed the insurance being surrendered:
(1) When an entity has a proper interest pursuant to subsection (c) or (c.l) of Code Section 33-24-3 and the authority to effectuate life insurance pursuant to the provi sions of paragraph (4), (5), or (6) of subsection (a) of Code Section 33-24-6; and
(2) (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 be not treated as a modified endowment contract for federal income tax purposes;
(B) To otherwise comply with applicable federal law; or
(C) When, upon cessation of premium payments, a former employee or trustee elects under the policy to use the cash value available under the policy to restructure the term, face amount, or investment options under the policy, even though such re structuring may result in an increase in the amount of the insurance."'
By renumbering existing Sections 3 through 6 as Sections 4 through 7, respectively.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch

Boshears Bowen

Broun of 46th Brown of 26th

THURSDAY, MARCH 27, 1997

1997

Brush Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Harbison Henson

Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Perdue

Price of 28th Price of 56th Ralston Ray Starr Stokes Tanksley Thomas of 54th Thomas of 10th Turner Tysinger

Those not voting were Senators:

Abernathy Cagle Gochenour Griffin (excused) Guhl

Hill Johnson of 2nd Middleton Ragan Roberts

Scott Streat Taylor (excused) Thompson (excused) Walker

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 356 as amended by the Senate.
The Calendar was resumed.
Senator Abernathy of the 38th assumed the Chair.

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.
Senate Sponsor: Senator Oliver of the 42nd.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort

Gillis Glanton Gochenour Guhl Harbison Henson Huggins James Johnson of 1st Kemp Lamutt Land Langford Marable

Middleton Oliver Price of 28th Price of 56th Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner

1998

JOURNAL OF THE SENATE

Those not voting were Senators:

Abernathy (presiding) Griffin (excused) Hill Hooks Johnson of 2nd

Madden Perdue Ragan Ralston

Starr Taylor (excused) Tysinger Walker

On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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 House amendment was as follows: Amend SB 143 as follows:
Page 5 line 41 after the word "to" add "neighborhood non-profit--" before the word "purchasers"
Senator Land of the 16th moved that the Senate agree to the House amendment as amended by the following amendment: Amend the House amendment to SB 143 by striking the term "neighborhood non-profit".
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Egan Fort Gillis
Glanton

Gochenour Guhl Harbison Henson 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy (presiding) Dean Griffin (excused)

Hill Hooks Johnson of 2nd

Starr Taylor (excused) Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 143 as amended by the Senate.

THURSDAY, MARCH 27, 1997

1999

The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 33 of Title 43 of the Official Code of Georgia Anno tated, 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 and terms of the board members; to provide for the qualifications of board members; to change provisions regarding certain practices and use of titles and to require identification; to change provisions relating to license requirements for physical therapists and physical therapist assistants; to define physical therapy aide; to change provisions relating to train ing permits; to change provisions relating to the board's refusal to grant or restore licenses or to the discipline of licensees; 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 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," is amended by striking said chapter in its entirety and inserting in lieu thereof the following:
"CHAPTER 33
43-33-1.
This chapter shall be known and may be cited as the 'Georgia Physical Therapy Act.' 43-33-2.
This chapter is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of the practice of physical therapy. The practice of physical therapy is declared to be affected with the public interest; and this chapter shall be liberally construed so as to accomplish the purpose stated in this Code section. 43-33-3.
As used in this chapter, the term:
(1) 'Board' means the State Board of Physical Therapy.
\&) JJiitCt Sllpei'ViSiOn Or 3. "tl*111166 I'liCcrtici LiitiL Liic iiCciiSGQ pliysiCSir trrel1fl.pict IS On Lilt? ^ji'eiiiiSco eiL till tlllleS tlllQ ic> luliy i't;S_pOil.Slulc 101* tilt; &CLiVitJicB cissigiifcJU, LO tii6 Ll SllitJt;.
t3) (2) 'License' means a valid and current certificate of registration issued by the board7 which shall give the person to whom it is issued authority to engage in the practice prescribed thereon.

2000

JOURNAL OF THE SENATE

(4) (3) 'Licensee' means any person holding a license under this chapter.
(5) (4) 'Person' means a human peison being only, not a legal entity.
(fr) (5) 'Physical therapist' means a person licensed to practice physical therapy as definecTm this chapter and whose license is in good standing. A physical therapist shall be designated by the initials 'P.T.'
(f) (6) 'Physical therapist assistant' or 'physical therapy assistant' means a person who is licensed by the board to assist a physical therapist, whose activities are supervised and directed by a physical therapist, and whose license is in good standing. A physical therapist assistant shall be designated by the initials 'P.T.A.'
(8) (7) 'Physical therapy' means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administra tion, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes; and the provision of consultative, educational, and other advisory services for the pur pose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain.
O) (8) 'Physical therapy aide' means a person who aids iu the piuvibiun uf physical
tlidtuJ^y SKiviucS, wliu is su^idvioeil ciiiu uiit;djt;ij un Llie ^jituni&cjs tit till tiiut; Ijy ci liuenaec Limlei LlilS Clitt^jtci', cmtl wliujst ctL-tiviLico tiu nut icmjue L
a fuimal couise uf study only performs designated and supervised physical therapy tasks. The physical therapy aide must receive direct supervision and must be directed on the premises at all times by a licensee. Physical therapy aides are not licensed under this chapter.
ti6) (9) 'Trainee' means an applicant fin initial license ui an applicant, fui inlicensure
wliu ims nut practiced tilt: piuicooiun lui a. pcxiuu wlncli t:Acet:us twu yems aiiu vvliu is
clllLllUI IZitJll, U_y 1BSUCU1CC ul ct ll clllllllg ^JdllllL, tu WULti. UliClCl tllC Llll'fut SllptJi V lalUll ul Oi
physical--IheiapisL licensed undei--this chapter individual who is approved for a traineeship.
tit) (10) 'Traineeship' means a period of activity during which an unlicensed physical theiapistui physical llieiapy assistant a trainee works under the direct supervision of a licensed physical therapist who has practiced for not less than one cuntinuuus year prior to assuming the supervisory role.
(12) (11) 'Training permit' means a valid and current certificate of registration issued by the board, which gives the person to whom it is issued authority to engage in prac tice through a traineeship prescribed thereon and may be gi anted lu a qualified unli-
CtuiScLl gi <iLiLicite tl tllllKC, lui cign tiiiiiicLl ti cimee, Ul ieliCciioLiiK Li HLLCC,
43-33-4.
mere is ere;neu a .SLaie >uaru oi riiysicai liierapy. iiie memuers serving un me noaru
ui i irysujcii st;i vt; until I 11C11 1 tlJSlgilclHUll L>1 IClllUVdl Ul U.11L11 Llldl lt?S|.
iiiOL uuuuio, ttiitl in i/lit; ItiLLci utist:, until Llien sutucoauio a
*,1..11 U ,-,..:..I. ITJ mr. ,. ^.i...i 1.., n.; L ..i-.^,-.^-
43-33-5.
The board shall consist of eight members, as provided in Code Section 43-33-6, each of whom shall be appointed by the Governor and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. Vacancies on the board shall be filled by the Governor's appointment of a successor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of license of those

THURSDAY, MARCH 27, 1997

2001

licensee members, or other dishonorable conduct. No person shall serve consecutively more than two consecutive full terms as a member of the board.
43-33-6.
To be eligible for appointment to the board, a person must be a resident of this state. Six members of the board shall be licensed as physical therapists under this chapter who have practiced or taught physical therapy for at least five three years. At least one mem ber shall be licensed and practicing as a physical therapist assistant for at least three years. The eighth member shall be appointed from the public at large and shall have no business connection whatsoever with the practice or profession of physical therapy.
43-33-7.
With the exception of hearings in contested cases, the board may conduct business in conference by telephone, provided that members of the board shall not receive compensa tion for business conducted in conference by telephone.
Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 43-33-9.
The joint-secretary shall be secretary of the board and shall perform such other adminis trative duties as may be prescribed by the board. In a contested case, the joint-secretary on behalf of the board shall have the power to subpoena, throughout the state, witnesses, designated documents, papers, books, accounts, letters, photographs, objects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the joint-secretary at his or her office in Atlanta. All official records of the board or affidavits by the joint-secretary certi fying the content of such records shall be prima-facie evidence of all matters required to be kept therein.
43-33-10.
In carrying out the provisions of this chapter, the board shall, in addition to the other powers conferred upon it under this chapter, have the power to:
(1) Prepare or approve all examinations or applicants for licenses;
(2) Determine the qualifications of and authorize the issuance of licenses to qualified physical therapists and physical therapist assistants;
(3) Determine the qualifications for and approve educational programs that prepare physical therapists and physical therapist assistants for the purpose of determining qualifications of applicants for licensure;
(4) Initiate investigations of alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board. For this purpose, any board member or authorized agent of the board shall have the power and right to enter and make reasonable inspec tion of any place where physical therapy is practiced;
(5) Conduct all hearings in contested cases according to Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act';
(6) Discipline any person licensed under this chapter, or refuse to grant, renew, or restore a license to any person upon any ground specified in this chapter;
(7) Adopt a seal, the imprint of which together with the authorized signature of either the joint-secretary or other member authorized by the board shall be effective to evi dence its official acts;
(8) Establish licensing fees and maintain in the office of the joint-secretary a register of all persons holding a license and a record of all inspections made;

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(9) Adopt and publish a code of ethics;
(10) Issue training permits; and
(11) Adopt such rules and regulations as shall be reasonably necessary for the enforce ment and implementation of the provisions and purposes of this chapter and other laws of this state insofar as they relate to physical therapy.
43-33-11.
A physical therapist shall display either the title 'physical therapist' or the abbreviation 'P.T.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapist assistant shall display either the title 'physical therapist assistant' or the abbreviation 'P.T.A.' on a name tag or other similar form of identification during times when such person is providing direct patient care. A physical therapy aide shall be required to display the title 'physical therapy aide' on a name tag or other similar form of identification during times when such person is assisting a licensee. No person shall practice as a physical therapist or as a physical therapist assistant nor hold himself or herself out as being able to practice as a physical therapist or as a physical therapist assistant or as providing physical therapy or use the initials P.T. or P.T.A. in conjunction therewith or use any word or title tolnduce the belief that he or she is engaged in the practice of physical therapy unless he or she holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of:
(1) Any person licensed under any other law of this state who is engaged in the profes sional or trade practices properly conducted under the authority of such other licensing laws;
(2) Any person pursuing a course of study leading to a degree or certificate as a physi cal therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist;
(3) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educa tional program sponsored by an educational institution approved by the board^and are conducted under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he or she shall then be required to be licensed in accordance with this chapter;
(4) A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program;
(5) Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall en gage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he or she shall then be required to be licensed in accordance with this chapter; or
(6) A person currently licensed in another state who is present in this state for treat ment of a temporary sojourner only, said treatment in this state not to exceed a total of 60 days during any 12 month period.
43-33-12.
A license to practice physical therapy shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapists and which is accredited by a recognized accrediting agency and approved by the board or,

THURSDAY, MARCH 27, 1997

2003

in the case of an applicant who has graduated from a an educational program which prepares physical therapists conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the su pervision of a physical therapist licensed under this chapter;
(2) Has satisfactorily passed an examination prepared or approved by the board; and
(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19.
43-33-13.
A license to practice as a physical therapist assistant shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from -a an educational program which prepares physical therapist assistants conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this chapter;
(2) Has satisfactorily passed an examination prepared or approved by the board; and
(3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19.
43-33-13.1.
A physical therapy aide is one, other than a licensed physical therapist or physical thernpy therapist assistant, who is employed to assist a licensed physical therapist or a 4r= censed physical therapist assistant by performing under diiect supeivisiuii Chose acla,
civii;t;s, picicliuco, ttiid pructjuuies tis autliun^eu unuci Llna ulmplKr ttnu Only designated
physical therapy tasks under direct supervision of a licensee as approved by the board by rule or regulation.
43-33-14.
The board shall determine the competence of applicants to practice as physical therapists or as physical therapist assistants by any method or procedure which the board deems necessary to test the applicant's qualifications.
43-33-15.
The board may grant to a person licensed in another state or territory of the United States full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided:
(1) That such person is property licensed under the laws of another state or territory or the United States; and
(2) That the requirements for licensing in such other state or territory of the United States are substantially equal to the requirements for a similar license in this state.
43-33-16.
All licenses shall expire biennially unless renewed. All applications for renewal of a li cense shall be filed with the joint-secretary prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the pre scribed restoration fee within the time period established by the joint-secretary and pro vided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements

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JOURNAL OF THE SENATE

for issuance of a new license. The board shall require no less than four hours of continu ing education in order to renew any license issued pursuant to this chapter.
43-33-17.
(a) The board may issue a training permit to an unlicensed giaduaUi Uaineu applicant who is a graduate of an approved physical therapy program who is applying approved to take the next scheduled physical therapy licensing examination of who has taken the examination but not yet received the examination results.
(b) The board may issue a training permit to a foreign trained trainee applicant who is a graduate from a scliuul physical therapy program outside the United States and its terri tories and who is approved to take the physical therapy licensing examination.
(c) The board may issue a training permit to a jeiicenhuie Uaiiiee reinstatement appli cant whu lias held an inactive license whose license hdb expired to practice as a physical therapist or license to practice as a physical Ihei apy"therapist assistant has been expired for more than two years.
(d) A The training permit shall allow the holder thereof to work only under the direct supervision of a physical therapist who has been approved by the board and has prac ticed for not less that one continuous year prior to assuming the supervisory role.
(e) A limning penult iucu puisumil tu Lino (Juile SeCtiun simll be valiu lui up to SIA
lllUlltllS Ul tlA^JUt; llIllllCLililLcl^ U^JUll IluLlllCtlLnjIl ul Icllliilg CJlllll ICSLlits Ul UlLcl 1 U^jllUll UI
cancellation uf a lequhed piauticum appiuved by the buaid Training permits are gov erned by rules and regulations authorized under this chapter and approved by the board.
\i~j~~A. tr&llliri^j jJtJi'illit ill<iy DC SUbjcCt tO i'eilcW^.1, <it tllti discretion. OI lit; uuS.i'Cl, Wllcll ^uuu.
CSUSt; is SlluWll. 1 lie tlTcHlllli^ ptJi'illit illciy HGt u6 1'cilcWcCl IHOrc Llitill OH6 T.1H16 Slid 13.11 u.i't;
of a liceiifeure examinatiun is nut deemed tu be guud cause.
43-33-18.
(a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has:
(1) Implemented a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts, or in the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist;
(2) Displayed an inability or has become unable to practice as a physical thei ap,y thera pist or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of mate rial, or as a result of any mental or physical condition:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropri ate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The re sults of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, in cluding, but not limited to Code Section 24-9-21. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of

THURSDAY, MARCH 27, 1997

2005

such refusal. Any licensee or applicant who is prohibited from practicing physical therapy under this paragraph shall at reasonable intervals be afforded an opportu nity to demonstrate to the board that he or she can resume or begin the practice of physical therapy with reasonable skill and safety to patients;
(B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application to practice physical therapy in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and
(C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such infor mation be used against any licensee or applicant in any other type of proceeding;
(3) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code sec tion, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute;
(4) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical therapy or in any document connected therewith; or practiced fraud or deceit or inten tionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant;; or made a false or decep tive biennial registration with the board;
(5) Practiced physical therapy contrary to this Code section or to the rules and regula tions of the board; or knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice physical therapy;
(6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or prac tice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice or the failure to comply with the code of ethics of the board;
(7) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this subsection; or
(8) Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient.
(b) (1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:

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(A) Refuse to grant or restore a license to an applicant;
(B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
(C) Suspend any license for a definite period;
(D) Limit or restrict any license;
(E) Revoke any license;
(F) Condition the penalty or withhold formal disposition, upon the physical thera pist's, physical therapist assistant's, or other person's submission to the care, coun seling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or
(G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board.
(2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on proba tion, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(c) In its discretion, the board may restore and reissue a license issued under this chapter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this chapter.
(d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or appli cant which violate the provisions of subsection (a) of this Code section or any other provi sion of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any pro ceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying.
43-33-19.
The practice of physical therapy is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed is declared to be a public nuisance, harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such nuisance unlicensed practice exists, or any person or organization having an inter est therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be neces sary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury.
43-33-20.
Any person wliu violates convicted of violating this chapter shall be guilty of a misdemeanor."

THURSDAY, MARCH 27, 1997

2007

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 Thomas of the 10th moved that the Senate agree to the House substitute to SB 228.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis

Glanton Gochenour Guhl Harbison Henson Hooks Huggins James Johnson of 1st Kemp Lamutt Madden Marable Middleton

Oliver Price of 56th Ralston Ray Roberts Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy (presiding) Clay Griffin (excused) Hill Johnson of 2nd

Land Langford Perdue Price of 28th

Ragan Scott Taylor (excused) Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 228.
The Calendar was resumed.

HB 193. By Representative Johnson of the 84th:
A bill to amend Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability of a parent or person in loco parentis for the willful or mali cious acts of a minor child or children, so as to provide for liability for the willful or malicious acts of a minor child or children resulting in personal injury to another person.
Senate Sponsor: Senator Ray of the 48th.
The Senate Judiciary Committee offered the following substitute to HB 193:
A BILL
To be entitled an Act to amend Code Section 51-2-3 of the Official Code of Georgia Anno tated, relating to liability of a parent or person in loco parentis for the willful or malicious acts of a minor child or children, so as to increase the amount for which a parent or guard ian having custody and control over a minor child shall be liable for the willful or malicious act of the minor; to provide for liability for the willful or malicious acts of a minor child or children resulting in reasonable medical expenses to another person; to provide that the

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Code section is cumulative as to common law; to provide for an effective date and for appli cability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability of a par ent or person in loco parentis for the willful or malicious acts of a minor child or children, is amended by striking said Code section and inserting in lieu thereof a new Code section to read as follows:
"51-2-3.
(a) Every parent or guardian having the custody and control over a minor child or chil dren under the age of 18 shall be liable in an amount not to exceed $5,000.00 $10,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in reasonable medical expenses to another, damage to the property of another, or both rea sonable medical expenses and damage to property.
(b) This Code section shall be cumulative and shall not be restrictive of any remedies now available to any person, firm, or corporation for injuries or damages arising out of the acts, torts, or negligence of a minor child under the 'family-purpose car doctrine,' or any statutes nuw statute, or common law in force and effect in this state.
(c) The intent of the General Assembly in passing this Code section is to provide for the public welfare and aid in the control of juvenile delinquency, not to provide restorative compensation to victims of injurious or tortious conduct by children."

SECTION 2.

This Act shall become effective on July 1, 1997, and shall apply to willful or malicious acts occurring on or after said date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 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 Dean Egan Fort 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 Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

THURSDAY, MARCH 27, 1997

2009

Those not voting were Senators:

Abernathy (presiding) Gillis Griffin (excused)

Henson Langford Roberts

Taylor (excused) 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. The President resumed the Chair.
The following bill was taken up to consider House action thereto:

HB 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission.
Senator Perdue of the 18th moved that the Senate adhere to its substitute and that a Committee of Conference be appointed.
On the motion, the yeas were 40, nays 0, and the motion prevailed.
The President stated the conferees would be appointed later.
The following bill was taken up to consider House action thereto:

HB 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County.
Senator Cheeks of the 23rd moved that the Senate insist on its substitute to HB 1016.
On the motion, the yeas were 38, nays 0; the motion prevailed and the Senate insisted on its substitute to HB 1016.
The Calendar was resumed.

HB 644. By Representatives Dixon of the 150th, Sherrill of the 62nd, Lewis of the 14th and others:

A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the official tartan of the State of Georgia.

Senate Sponsor: Senator Kemp of the 3rd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch

Boshears Bowen Broun of 46th

Brown of 26th Brush Burton

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JOURNAL OF THE SENATE

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 Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Starr

Taylor (excused)

Walker

On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

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.
Senator Clay of the 37th moved that the Senate insist on its substitute to HB 183.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 183.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitutes to the following bills of the House:

HB 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 914. By Representatives Purcell of the 147th, Parham of the 122nd and Floyd of the 138th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for the establishment by the authority of a program of scholarship grants for students who have completed two scholarship years at Georgia Mili tary College.

THURSDAY, MARCH 27, 1997

2011

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 322. By Representative Stancil of the 91st:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, so as to require that any county or municipal building permit issued in this state shall have certain information printed thereon relative to the possibility that im provements to the property may subject the property to mechanic's and materialmen's liens.
The House has agreed to the Senate amendment to the following bill of the House:
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.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bills of the House:
HB 517. By Representatives Sherrill of the 62nd, Heard of the 89th, Childers of the 13th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for qualified caregiving expenses.
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.
The House has agreed to the Senate substitute to the following bill of the House:
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.

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JOURNAL OF THE SENATE

The House has agreed to the Senate amendments to the following bills of the House:
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 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 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 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 disagreed to the Senate substitute to the following bill of the House:
HB 104. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers.
The House has agreed to the Senate substitutes to the following bills of the House:
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.

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2013

HB 600. By Representatives Skipper of the 147th, 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 126. By Representatives Walker of the 141st, Skipper of the 137th and Martin of the 47th:
A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to duration and termination of orders of disposition committing delin quent or unruly children to the Department of Children and Youth Services, reports and plans regarding reunification of the family, so as to provide that following initial reviews, additional periodic reviews shall be held at six-month intervals.
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.
The Calendar was resumed.
HB 528. By Representatives Dixon of the 150th, Bordeaux of the 151st and Mueller of the 152nd:
A bill to amend Code Section 12-5-96 of the Official Code of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water, so as to lower the threshold over which a person must obtain a water permit to 10,000 gallons per day. Senate Sponsor: Senator Gillis of the 20th.
The Senate Natural Resources Committee offered the following amendment:
Amend HB 528 by striking in its entirety line 23 of page 1 and inserting in lieu thereof the following:
"from the division. Within special ground-water management areas, any permitted user otEer than an agricultural user shall, after receiving at least 90 days' notice from the' division, submit to the division a report of actual withdrawals or reasonable estimates of ground-water use for such period as the director may determine. Any permittee may apply to the director for a waiver of such reporting requirement due to economic or tech nical hardship within 60 days of receipt of notice of such reporting. Nothing in this para graph shall preclude the division from assisting any permittee in fulfilling the reporting requirement by such measures as loans or leases of measuring or recording equipment."
On the adoption of the amendment, the yeas were 34, nays 0, and the committee amendment to HB 528 was adopted.
Senators Scott of the 36th and Clay of the 37th offered the following amendment:
Amend HB 528 by inserting on line 5 of page 1, following the symbol ";" the following:
"to amend Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, so as to provide that a certain morato rium shall not apply to certain publicly funded facilities;"

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By inserting after line 33 of page 1 the following:
"SECTION 1A.
Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, is amended by inserting at the end thereof the following:
'(7) Nothing in this subsection shall prohibit additional sewer connections required for any capital outlay project funded in whole or in part as provided in Article 5 of Chapter 13 of Title 48 or for any privately funded facility constructed in conjunction with any such capital outlay project.'"
Senator Egan of the 40th offered the following amendment:
Amend the Scott amendment to HB 528
by adding on line 21 after "project" the following:
"or any project of the Atlanta Housing Authority."
On the adoption of the amendment, the yeas were 28, nays 4, and the Egan amend ment to the Scott amendment was adopted.
On the adoption of the Scott amendment to HB 528 the yeas were 35, nays 6, and the Scott amendment was adopted as amended.
Senators Langford of the 29th, Land of the 16th and Dean of the 31st offered the fol lowing amendment:
Amend HB 528 by inserting on line 5 of page 1, following the symbol ";" the following:
"to amend Code Section 12-5-23.2, relating to waste-water discharge limitations, to pro vide an exception to a certain sanction;"
By inserting following line 33 of page 1 the following:
SECTION 1A.
Code Section 12-5-23.2, relating to waste-water discharge limitations, is amended by in serting at the end thereof the following:
'(7) Nothing in paragraph (6) of this subsection shall prohibit additional sewer connec tions for which permits were issued prior to the imposition of a moratorium on additional sewer connections.'"
On the adoption of the amendment, the yeas were 34, nays 0, and the Langford, et al. amendment to HB 528 was adopted.
Senators Langford of the 29th, Land of the 16th, and Dean of the 31st offered the following amendment:
Amend HB 528 by inserting on line 5 of page 1, following the symbol ";", the following:
"to amend Code Section 12-5-23.2, relating to waste-water discharge limitations, to pro vide conditions for a certain request for assistance;".
By inserting following line 33 of page 1 the following:
"SECTION 1A.
Code Section 12-5-23.2, relating to waste water discharge limitations, is amended by in serting at the end thereof the following:
'(7) If any person discharges waste waters into the Chattahoochee River between Buford Dam and West Point Reservoir or any tributaries thereof which exceed the phosphorous levels provided for in paragraph (6) of this subsection or any effluent levels provided for by federal statute or regulation, the director shall immediately re quest the federal Environmental Protection Agency for assistance in devising and im plementing such strategies as are necessary to prevent such violations in the future.'".

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2015

On the adoption of the amendment, the yeas were 36, nays 0, and the Langford, et al. amendment to HB 528 was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort 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 Scott Starr Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Brush Hooks

Stokes Taylor (excused)

Walker

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Griffin of the 25th moved that Senator Brush of the 24th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Brush was excused. The Calendar was resumed.

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.
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 Boshears Bowen Broun of 46th

Brown of 26th Balfour Blitch Burton

Cagle Cheeks Clay Crotts

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Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison
Hill Hooks 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 Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Balfour Blitch Brush (excused) Egan

Henson Huggins Perdue

Scott Taylor (excused) Walker

On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto:

SB 48. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the hiring out of inmates and the sale of products produced by in mates, so as to provide that any private person, organization, or corporation with whom the commissioner of corrections has contracted may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the Board of Corrections.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 5 of Title 42 of the Official Code of Georgia Anno tated, relating to correctional institutions of state and counties, so as to provide for certifi cation by the Department of Corrections of copies or compilations of the computerized records of the department; to provide that any private person, organization, or corporation with whom the commissioner of corrections has contracted for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the custody, care, and control of inmates as authorized by Code Section 42-2-8 may utilize penal labor in the same manner as any such labor may be uti lized by any other penal institution operated under the authority of the Board of Correc tions; to provide that agreements made pursuant to Code Section 42-2-8 for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the care, custody, and control of inmates shall factor the value of penal labor such that the state is the only financial beneficiary of the same; to amend Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of public records, so as to provide that certified records of the Department of Corrections shall be admissible in civil or criminal proceedings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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2017

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, is amended by adding a new subsection (d) to Code Sec tion 42-5-36, relating to the classified nature of inmate files, to read as follows:
"(d) The commissioner shall designate members of the department to be the official custo dians of the records of the department. The custodians may certify copies or compila tions, including extracts thereof, of the records of the department. Subject to the provisions of this Code section, in response to a subpoena or upon the request of any appropriate government or judicial official, the department may provide a duly authenti cated copy of any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or his or her duly authorized representative."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 42-5-60, relating to the hiring out of inmates and the sale of products produced by inmates, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board shall provide rules and regulations governing the hiring out of inmates by any penal institution under its authority to municipalities, cities, the Department of Transportation, and any other political subdivision, public authority, public corporation, agency, or state or local government, which entities are authorized by this subsection to contract for and receive the inmates. Such inmates shall not be hired out to private persons of corporations, nor shall any instrumentality of government authorized by this subsection to utilize penal labor use such labor in any business conducted for profit, ex cept as provided in Code Section 42-5-59; provided, however, inmate trainees enrolled in any vocational, technical, or educational training program authorized and supported by the department may repair or otherwise utilize any privately owned property or equip ment as well as any other property or equipment in connection with the activities of any such training program, so long as the repair or utilization contributes to the inmate's acquisition of any desired vocational, technical, or educational skills. Notwithstanding any other provisions of this subsection, any private person, organization, or corporation with whom the commissioner has contracted for the land acquisition, design, construc tion, operation, maintenance, use, lease, or management of a state prison or for any serv ices related to the custody, care, and control of inmates as authorized by Code Section 422^8 may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the board. Agreements made pursuant to Code Section 42-2-8 for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state prison or for any services related to the care, custody, and control of inmates shall factor the value of penal labor such that the state is the only financial beneficiary of the sameT
(b) Any person convicted of a crime remanded to a penal institution that profits by an article, story, novel, book, television, movie or any other as a result of the criminal activ ity in which the inmate is convicted will pay all proceeds to the victim(s) of the crime(s) committed.
(c) Any organization, group, or individual that profits from the story, television, movie, novel, article that involves a crime or criminal act while an inmate that has committed a crime is still incarcerated will pay 50% of all profits to the victim(s) of the crime(s) or criminal activity of the convicted inmate."

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SECTION 3.

Article 2 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of public records, is amended by adding a new Code Section 24-7-27 to read as follows:
"24-7-27.

Records of the Department of Corrections, or authenticated copies thereof, when certified in accordance with the terms of subsection(d) of Code Section 42-5-36, shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."

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 Dean of the 31st moved that the Senate agree to the House substitute as
amended by the following amendment: Amend the House substitute to SB 48
by striking on Page 3, Lines 12 through 23, Paragraphs (b) and (c) of Section 2. On the motion, 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 Crotts Dean Fort Gillis Glanton Griffin Guhl

Harbison Henson Hill
Hooks Huggins James Johnson of 2nd Land Langford Madden Marable Middleton Oliver Perdue

Price of 56th Ragan Ralston
Ray Roberts Starr Stokes Streat Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Balfour Brush Cheeks

Egan Gochenour Johnson of 1st

Lamutt Price of 28th Tanksley

Those not voting were Senators:

Abernathy Clay

Kemp Scott

Taylor (excused)

On the motion, the yeas were 42, nays 9; the motion prevailed, and the Senate agreed to the House substitute to SB 48 as amended by the Senate.

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2019

The following bill was taken up to consider House action thereto:
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 care benefit plan; to provide civil relief and remedies for certain violations; to define certain terms; to provide a short title.
The House substitute was as follows:
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 report of disabled newborns, and inserting in its place the following:
"(1) Maintain records of reports, notifications, and referrals made under this chaptei article; and"
SECTION 3.
Said chapter 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: (1) 'Covered person' means an individual enrolled in a health benefit plan, or an eligi ble 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 services 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.

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(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 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 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;
(2) Not promote or recommend any class of providers to the detriment of any other class of providers for the same eye care service;
(3) 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;
(4) 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;
(5) 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
(6) 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.
Senator Stokes of the 43rd moved that the Senate agree to the House substitute as amended by the following amendments:
Amendment #1: Amend the House substitute to SB 254 by striking "as defined by NCQA" from line 22 of page 3.
Amendment #2: Amend the House substitute to SB 254 by adding between line 39 of page 2 and line 1 of page 3 the following:

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2021

"(1.1) 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;"
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Henson Hill Hooks James Johnson of 2nd Johnson of 1st Madden Marable Perdue Price of 56th
Ragan

Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Brush Cagle Cheeks Clay Crotts

Egan Glanton Gochenour Guhl Lamutt

Land Langford Price of 28th Ralston Roberts

Those not voting were Senators:

Balfour Fort Huggins

Kemp Middleton Oliver (excused)

Ray Scott Taylor (excused)

On the motion, the yeas were 32, nays 15; the motion prevailed and the Senate agreed to the House substitute to SB 254 as amended by the Senate.
Senator Land of the 16th moved that the Senate reconsider its action in agreeing to the House substitute as amended by the Senate.
On the motion, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Brush Burton Cagle Cheeks Clay Crotts Egan

Fort Glanton Gochenour Guhl Johnson of 1st Lamutt Land Langford

Price of 28th Price of 56th Ralston Ray Roberts Tanksley Thomas of 54th Tysinger

Those voting in the negative were Senators:

Abernathy Boshears Bowen Broun of 46th Brown of 26th Dean Gillis Griffin

Henson Huggins James Madden Marable Middleton Perdue Ragan

Starr Stokes Streat Thomas of 10th Thompson Turner Walker

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Those not voting were Senators:

Harbison Hill Hooks

Johnson of 2nd Kemp Oliver (excused)

Scott Taylor (excused)

On the motion, the yeas were 25, nays 23; the motion prevailed, and the Senate recon sidered its action in agreeing to the House substitute to SB 254 as amended by the Senate.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House:

HB 110. By Representative Barnes of the 33rd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of vehicles generally, so as to provide for a special license plate honoring and supporting the Shrine hospi tals for children.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing resolution of the House:

HR 457. By Representatives Smith of the 169th, Byrd of the 170th, Coleman of the 142nd and others:
A resolution directing the Department of Human Resources to expend certain appropriated funds for certain purposes.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 91. By Senators Gillis of the 20th, Marable of the 52nd, Henson of the 55th and others:
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 Speaker has appointed on the part of the House, Representatives Lord of the 121st, Barnes of the 33rd and Smith of the 175th.
The Calendar was resumed.

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. Senate Sponsor: Senator Thompson of the 33rd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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2023

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

Those voting in the affirmative were Senators:

Abernathy Balfour Bowen Broun of 46th Brown of 26th Brush 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 Madden Marable Middleton Perdue

Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker

Voting in the negative was Senator Boshears.

Those not voting were Senators:

Blitch Henson Hill

Langford Oliver (excused) Ragan

Stokes Thompson

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

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. Senate Sponsor: Senator Glanton of the 34th.
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 12, 1997

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

SUBJECT: Fiscal Note House Bill 380 (Substitute) (LC 21 4379S)

Dear Chairman Cummings:
This bill provides that certain law enforcement personnel who are members of the Employ ees' Retirement System may retire at any time after attaining the age of 55 and shall re ceive retirement benefits as outlined in Code Section 47-2-223 upon retirement. This bill also repeals certain ineffective laws relating to mandatory retirement age for these law

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enforcement officers. According to the Attorney General, law enforcement personnel are already entitled to continue their employment past the age of 55 based on a law enacted in 1993.
This is to certify that this substitute retirement bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor

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

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton

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

Fort

Langford

Hill

Oliver (excused)

Thompson Walker

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

HB 104. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers.
Senator Burton of the 5th moved that the Senate insist on its substitute to HB 104.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 104.
Senator Abernathy of the 38th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 38, nays 2; the motion prevailed, and Senator Stokes was excused.
The Calendar was resumed.

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2025

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.
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 Blitch Boshears Bowen
Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis

Glanton Gochenour Griffin Guhl Harbison
Henson Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Marable Middleton Oliver

Perdue Price of 28th Price of 56th Ragan Ralston
Ray Roberts Starr Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Fort Hill Huggins

Langford Madden Scott

Stokes (excused) Taylor Walker

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

HB 958. By Representative Murphy of the 18th:

A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the district residency requirements for representative dis tricts; to provide for the election of members of the House of Representatives.
Senate Sponsor: Senator Blitch of the 7th.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th

Brown of 26th Brush Burton Cheeks Crotts Dean

Egan Gillis Glanton Gochenour Griffin Guhl

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JOURNAL OF THE SENATE

Harbison 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 Taylor Thomas of 54th Thompson Turner Tysinger Walker

Voting in the negative was Senator Fort.

Those not voting were Senators:

Cagle Clay Johnson of 1st

Langford Perdue Stokes (excused)

Tanksley Thomas of 10th

On the passage of the bill, the yeas were 47, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Senator Griffin of the 25th moved that Senator Thomas of the 10th be excused. On the motion, the yeas were 37, nays 1; the motion prevailed, and Senator Thomas was excused.
HB 111. By Representatives Parham of the 122nd and Parrish of the 144th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs; to provide for penalties relating to flunitrazepam. Senate Sponsor: Senator Madden of the 47th.
The Senate Special Judiciary Committee offered the following substitute to HB 111:
A BILL
To be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs; to provide for penalties relating to flunitrazepam; to provide for the offenses of trafficking in methamphetamine or amphetamine and provide for penalties; to provide for the regulation of phenylpropanolamine and limit the sale or distribution of such drug; to provide for penalties and sanctions; to provide for effective dates; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding immediately following subparagraph (U) of paragraph (2) of Code Section 16-13-26, relating to Schedule II controlled substances, the following:
"(U.I) Remifentanil;".

THURSDAY, MARCH 27, 1997

2027

SECTION 2.
Said chapter is further amended by striking from Code Section 16-13-27, relating to Sched ule III controlled substances, the semicolon at the end of subparagraph (AA) of paragraph (6) and inserting a period and by striking paragraph (7) thereof which reads as follows:
"(7) Butorphanol."
SECTION 3.
Said chapter is further amended by adding in the appropriate positions in subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following:
"(2.25) Carisoprodol;"
"(8.5) Dexfenfluramine;".
SECTION 4.
Said chapter is further amended by adding at the end of Code Section 16-13-30, relating to punishment for purchase and possession of controlled substances, the following:
"(1) (1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than five years nor more than 30 years.
(2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense."
SECTION 5.
Said chapter is further amended by striking subsection (e) of Code Section 16-13-31, relat ing to trafficking in certain controlled substances and drugs, and inserting in its place the following:
"(e) Any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or of any mix ture of containing either methamphetamine or amphetamine, as described in Schedule II, in violation oTtnis article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200~grams, the person shall be sentenced to a mandatory minimum term of imprisonment often years and shall pay a fine of $200,000.00;
(2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and
(3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million."

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JOURNAL OF THE SENATE

SECTION 6.
Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"(91.5) Bepridil HCL; (119.1) Butoconazole nitrate; (143) Carisoprodol; (152.2) Cefotaxime sodium; (152.3) Cefotetan disodium; (153.1) Cefpiramide sodium; (160.1) Ceruletide phosphate sodium; (166.5) Chlorhexidine; (218) Cromolyn; (239.5) Dapiprazole HCL; (330.5) Edetate; (331.05) Eflornithine HCL; (396) Fluoride; (420.5) Glycine; (464.1) Idarubicin HCL; (487.05) lofetamine HCL 1.123; (515.5) Levamisole HCL; (516.1) Levobunolol hydrochloride; (608) Metoclopramide injection; (619) Minoxidil; (624.7) Moricizine HCL; (625) Morrhuate sodium; (625.1) Moxalactam disodium; (640.7) Nicardipine HCL; (641.1) Nicotin resin complex; (648.6) Nizatidine; (650) Nonoxynol; (692.6) Penbutolol sulfate; (766) Potassium perchlorate; (788.5) Propafenone HCL; (831.1) Ranitidine; (852.6) Selegiline HCL; (967.3) Tioconazole; (968.1) Tocainide hydrochloride; (974.5) Trazodone HCL; (983.1) Trientine hydrochloride;".
SECTION 7.
Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:

THURSDAY, MARCH 27, 1997

2029

"(.05) Acarbose; (13.55) Adapalene; (17.5) Albendazole; (30.5) Amifostine; (44.7) Ammonium lactate; (50.5) Anastrozole; (72.3) Azelaic acid; (91.5) Bepridil; (97.5) Bicalutamide; (119.1) Butoconazole -- See exceptions; (143) Reserved; (145.8) Carvedilol; (152.2) Cefotaxime; (152.3) Cefotetan; (153.1) Cefpiramide; (153.5) Ceftibuten; (160.1) Ceruletide; (160.15) Cetirizine; (166.5) Chlorhexidine -- See exceptions; (192.05) Cidofovir; (194.8) Cisatracurium; (213.5) Corticorelin; (217.5) Crixivan; (218) Cromolyn -- See exceptions; (231.5) Cyclosporine; (239.5) Dapiprazole; (260.5) Dexrazoxane; (315.5) Docetaxel; (330.5) Edetate -- See exceptions; (331.05) Eflornithine; (334.5) Epoprostenol; (383.5) Fexofenadine; (396) Fluoride -- See exceptions; (412.05) Gemcitabine; (415.05) Glimepiride; (420.5) Glycine -- See exceptions; (464.05) Ibutilide; (464.1) Idarubicin; (469.5) Indecainide (470.05) Indinavir; (474.5) Interferon; (475.3) Inulin;

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JOURNAL OF THE SENATE

(482.5) lodixanol; (487.05) lofetamine; (489.2) lothalamate; (490.5) loxilan; (491.7) Irinotecan; (511.3) Lamivudine; (512.7) Latanoprost; (515.5) Levamisole; (516.1) Levobunolol; (567.1) Meropenem; (608) Metoclopramide; (617.3) Mifepristone; (619) Minoxidil -- See exceptions; (619.3) Mirtazapine; (622.7) Moexipril; (624.7) Moricizine; (625) Morrhuate; (625.1) Moxalactam; (640.4) Nevirapine; (640.7) Nicardipine; (641.1) Nicotine resin complex (polacrilex) -- See exceptions; (648.6) Nizatidine -- See exceptions; (650) Nonoxynol -- See exceptions; (692.6) Penbutolol; (752.5) Porfimer; (788.5) Propafenone; (831.1) Ranitidine -- See exceptions; (836.5) Retinoic acid, all-trans; (842.2) Riluzole; (843.8) Ritonavir; (846.5) RSVIGIV; (851.05) Saquinavir; (852.6) Selegiline; (873.7) Sodium phenylbutyrate; (967.3) Tioconazole -- See exceptions; (968.1) Tocainide; (973.3) Topotecan; (973.8) Trandolapril; (974.5) Trazodone; (983.1) Trientine; (1002) Triprolidine; (1021.3) Urofollitropin;".

THURSDAY, MARCH 27, 1997

2031

SECTION 8.
Said chapter is further amended by striking from subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following:
"(7.1) Cimetidine -- when a single dosage unit is 100 mg. or less;
(7.5) Clotrimazole -- when used as vaginal tablets up to 100 mg. in strength and topical skin or vaginal preparations up to 1.0 percent in strength;
(14.1) Miconazole -- when used as antifungal powder, cream, or both, and containing not more than 2 percent of miconazole nitrate, and when used as vaginal tablets up to 100 mg. in strength;".
SECTION 9.
Said chapter is further amended by adding in the appropriate positions in subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following:
"(6.4) Butoconazole -- when used with a strength up to 2 percent in a vaginal preparation;
(6.7) Chlorhexadine -- when used with a strength up to 4 percent in a topical skin product;
(7.1) Cimetidine -- when a single dosage unit is 200 mg. or less;
(7.5) Clotrimazole -- when a single vaginal insert is 200 mg. or less or with a strength up to 1 percent in a topical skin or vaginal product;
(7.8) Cromolyn -- when used as cromolyn sodium in a nasal solution of 4 percent or less in strength;
(9.3) Edetate -- when used in any form other than an oral or parenteral;
(9.7) Fluoride -- when used with a strength up to 1,500 parts per million in an oral care or dentifrice product;
(9.8) Glycine -- when used with a strength up to 1.5 percent in an irrigation solution, when used in a topical skin product;
(14.1) Miconazole -- when used as antifungal powder, cream, or both, and containing not more than 2 percent of miconazole nitrate, and when used as vaginal tablets up to 200 mg. in strength;
(14.2) Minoxidil -- when used with a strength up to 2 percent in a topical skin product;
(15.5) Nicotine resin complex (polacrilex) -- when used as oral chewing gum where a single dose (piece of gum) is 4 mg. or less;
(16.3) Nizatidine -- when a single dosage unit is 75 mg. or less;
(16.8) Nonoxynol -- when used with a strength up to 12.5 percent or 1 gram per dose in a vaginal product;
(23.5) Ranitidine -- when a single dosage unit is 75 mg. or less;
(27.5) Tioconazole -- when used with a strength up to 1 percent in a topical product;".
SECTION 10.
Said chapter is further amended by adding in the appropriate position in subsection (d) of Code Section 16-13-71, listing the dangerous drugs, the following:
"(37.5) Potassium perchlorate;".

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JOURNAL OF THE SENATE

SECTION 11.
Said chapter is further amended by adding at the end a new article to read as follows:
"ARTICLE 6
16-13-130.
As used in this article, the term:
(1) 'Controlled drug' means phenylpropanolamine when it is the single entity active ingredient or when used in combination with caffeine.
(2) 'Minor' means a person under 18 years of age.
(3) 'Person' means an individual, corporation, business trust, estate trust, partnership, association, or any other legal entity.
(4) 'Proper identification' means any document issued by a governmental agency con taining a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military iden tification card, driver's license, or an identification card authorized under Code Sec tions 40-5-100 through 40-5-104. Proper identification shall not include a birth certificate.
16-13-131.
It shall be unlawful for any person, other than a person licensed to practice medicine in this state or an employee under the direct supervision of a pharmacist in the regular course of business in a pharmacy licensed under Chapter 4 of Title 26, knowingly to sell, give, or otherwise distribute a controlled drug.
16-13-132.
It shall be unlawful for any person, other than a person licensed to practice medicine in this state, knowingly to sell, give, or otherwise distribute a controlled drug to a minor.
16-13-133.
Every person who manufactures or wholesales a controlled drug in this state or who proposes to engage in such activity shall obtain annually a registration issued by the State Board of Pharmacy in accordance with its rules. Notwithstanding the provisions of Code Section 16-13-131, a manufacturer so registered may distribute a controlled drug to another manufacturer or wholesaler, and a wholesaler so registered may distribute a controlled drug to a pharmacy.
16-13-134.
(a) The prohibition contained in Code Section 16-13-132 shall not apply with respect to the sale or distribution of a controlled drug by a person when such person has been fur nished with proper identification showing that the person to whom the controlled drug is sold or distributed is 18 years of age or older.
(b) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom a controlled drug is to be sold or otherwise distributed is actually 18 years of age or older, it shall be the duty of the person selling or otherwise distributing such controlled drugs to request to see and to be furnished with proper iden tification in order to verify the age of such person. The failure to make such request and verification in any case where the person to whom the controlled drug is sold or otherwise distributed is a minor may be considered by the trier of fact in determining whether the person selling or otherwise distributing such controlled drug did so knowingly.
16-13-135.
Any person who violates Code Section 16-13-131 or 16-13-132 shall be guilty of a misde meanor and, upon conviction thereof, shall be punished for a first offense, by a fine not to exceed $250.00 and for any subsequent offense, upon conviction thereof, by a fine not to

THURSDAY, MARCH 27, 1997

2033

exceed $1,000.00, imprisonment not to exceed 12 months, or both such fine and imprisonment.
16-13-136.
(a) It shall be unlawful for any minor to:
(1) Purchase, obtain, or possess any controlled drug except when obtained from a phy sician licensed to practice medicine in this state; or
(2.) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any controlled drug.
(b) A minor who commits an offense provided for in subsection (a) of this Code section may be punished by requiring the performance of community service not exceeding 20 hours."

SECTION 12.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Section 11 of this Act shall become effective on July 1, 1997.

SECTION 13.

All laws and parts of laws in conflict with this Act are repealed.
Senators Crotts of the 17th and Madden of the 47th offered the following amendment:
Amend the committee substitute to HB 111 by striking lines 7 through 9 of page 1 and inserting in their place the following:
"provide for an effective date; to".
By striking lines 1 through 39 of page 9, lines 1 through 40 of page 10, and lines 1 through 4 of page 11.
By striking "12" and "13" and inserting "11" and "12", respectively, on lines 5 and 10 of page 11.
By striking the comma and inserting a period on line 7 of page 11.
By striking lines 8 and 9 of page 11.
On the adoption of the ameiidment, the yeas were 35, nays 0, and the Crotts, Madden amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour 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

2034

JOURNAL OF THE SENATE

Ragan Ralston Ray Roberts

Scott Starr Streat Tanksley

Thomas of 54th Turner Tysinger

Voting in the negative was Senator Thompson.

Those not voting were Senators:

Bowen Stokes (excused)

Taylor Thomas of 10th (excused)

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.

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.
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 Boshears Bowen Broun of 46th Brown of 26th Brush Burton 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 Madden Marable

Middleton Oliver Price of 28th Ragan Ralston Ray Scott Starr Streat Tanksley Taylor Thompson Turner Walker

Voting in the negative was Senator Cagle.

Those not voting were Senators:

Balfour Blitch Clay Langford

Perdue Price of 56th Roberts Stokes (excused)

Thomas of 54th Thomas of 10th (excused) Tysinger

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

THURSDAY, MARCH 27, 1997

2035

HB 840. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to pro vide for the offense of vandalism to a cemetery or memorial. Senate Sponsor: Senator Johnson of the 2nd.
The Senate Special Judiciary Committee offered the following substitute to HB 840:
A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to pro vide for the offense of vandalism to a cemetery or memorial; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking in its entirety Code Sec tion 16-7-26, relating to vandalism to a place of worship, and inserting in its place the following:
"16-7-26.
(a) A person commits the offense of vandalism to a place of worship when he or she mali ciously defaces or desecrates a church, synagogue, or other place of public religious worship. (b) A person commits the offense of vandalism to a cemetery or memorial when he or she maliciously defaces, disturbs, mutilates, removes, or destroys all or any part of a burial object, burial ground, cemetery, or abandoned cemetery as those terms are defined in Code Section 36-72-2.
(c) A person convicted of the offense of vandalism to a place of worship or vandalism to a cemetery or memorial shall be punished by imprisonment for not less than one nor more than five years."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senators Thompson of the 33rd, Dean of the 31st and Johnson of the 2nd offered the following amendment;
Amend the Senate Special Judiciary Committee substitute to HB 840 by inserting at the end of line 4 of page 1 the following:
"to provide a special penalty for such offense when one or more persons are injured;".
By striking line 24 of page 1 and inserting in lieu thereof the following:
"(c) A~ Except as provided in subsection (c) of this Code section, a person convicted of the difense of vandalism to a". By striking line 27 of page 1 and inserting in lieu thereof the following: "nor more than five years. (d) When any person is physically injured in the course of vandalism to a public place of worship or as a result of vandalism to a public place of worship, a person convicted of such vandalism to a public place of worship shall be punished by imprisonment for not less than three nor more than five years.'".

2036

JOURNAL OF THE SENATE

Senators Thompson of the 33rd and Ray of the 48th offered the following amendment:
Amend the Thompson amendment to the committee substitute to HB 840 by striking line 16 of the amendment in its entirety and substituting therein the following:
"when any person physically injures another person in the course of
Further, by striking the second "a" on line 18 of the amendment before the word "person" and substituting therein the following:
"any"

On the adoption of the amendment, the yeas were 36, nays 0, and the Thompson, Ray amendment to the Thompson, et al. amendment was adopted.
On the adoption of the Thompson, et al. amendment, the yeas were 38, nays 0, and the amendment was adopted as amended.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy 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 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:

Balfour

Land

Thomas of 10th (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.
The time having arrived to entertain the reconsideration motion, Senator Perdue of the 18th moved that the Senate reconsider its action previously today in defeating the fol lowing resolution:

HR 296. By Representative Holland of the 157th:
A resolution proposing an amendment to the Constitution so as to provide for a Georgia Compensation Commission with the authority to fix the compensation of certain state constitutional officers and such other state officers as may be

THURSDAY, MARCH 27, 1997

2037

provided for by law; to provide that such commission shall investigate and ap prove or disapprove the separation of state employees subject to involuntary separation benefits.
On the motion, the yeas were 35, nays 5; the motion prevailed and HR 296 was recon sidered and placed on the General Calendar.

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. Senate Sponsor: Senator Broun of the 46th.
The Senate Education Committee offered the following substitute to HR 362:
A RESOLUTION

Urging the Secretary of State and the State Board of Education to designate a "Civics Day" in the schools of Georgia; and for other purposes.
WHEREAS, voter participation in Georgia's elections is a vital element of the maintenance of the government of the people, for the people, and by the people; and
WHEREAS, in recent years, voter turnout in the State of Georgia has been among the lowest in any of the 50 states; and
WHEREAS, increasing the awareness among our young people of the crucial role the exer cise of the franchise plays in a representative democracy should be one of the goals of our educational system.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge the Secretary of State, as the state's chief elections official, the State School Superintendent, and the State Board of Education to work to gether to establish a "Civics Day" in the public schools of Georgia in early October of each year, prior to the holding of general and municipal elections each November, and dedicated to the improvement of the education and participation of the young people of Georgia in the areas of representative democracy, the wise exercise of the franchise, and the crucial role of the people in securing the blessings of liberty by becoming full participants in the political process.
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 Secretary of State, the State Board of Education, and the State School Superintendent.
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 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

2038

JOURNAL OF THE SENATE

Johnson of 2nd Lamutt Land Madden Marable Middleton Oliver

Perdue Price of 28th Price of 56th Ragan Ralston Ray

Roberts Tanksley Taylor Thomas of 54th Turner Tysinger

Those not voting were Senators:

Johnson of 1st Kemp Langford Scott

Starr Stokes Streat

Thomas of 10th (excused) Thompson Walker

On the adoption of the resolution, the yeas were 46, nays 0.
The resolution, having received the requisite constitutional majority, was adopted by substitute.

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. Senate Sponsor: Senator Cheeks of the 23rd.
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 21, 1997

The Honorable Mack Crawford State Representative Legislative Office Building, Room 412 Atlanta, Georgia 30334

SUBJECT: State Auditor's Certification House Bill 348 (LC 22 2475)

Dear Representative Crawford:
This bill would change the mandatory retirement age for members of the Trial Judges and Solicitors Retirement Fund from 70 years to 75 years.
This is to certify that this retirement bill is a nonfiscal bill as defined in the Public Retire ment Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor

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

THURSDAY, MARCH 27, 1997

2039

Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis 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 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:

Fort Glanton

Langford Thomas of 10th (excused)

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

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.
Senate Sponsor: Senator Streat of the 19th.

The Senate Transportation Committee offered the following amendment: Amend HB 621 by inserting after the number and symbol "2000;" on line 4 of page 1 "to provide for studies and plans related to economic development;". By inserting after the word "System" on line 18 of page 1 the following:
and the system's relationship to economic development". By inserting after the word "transportation" on line 19 of page 1 the following:
"and economic development". By inserting after the word "System" on line 25 of page 1 the following:
"and its relationship to economic development". On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was
adopted. The report of the committee, which was favorable to the passage of the bill as
amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th

Brush Burton Cagle Cheeks Clay Crotts

Dean Fort Gillis Gochenour Griffin Guhl

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JOURNAL OF THE SENATE

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

Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts

Those not voting were Senators:

Bowen Egan Glanton

Henson Langford Perdue

Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger
Stokes Walker

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

HB 15. By Representative Royal of the 164th:

A bill to amend Code Section 48-8-112 of the Official Code of Georgia Annotated, relating to the commencement and termination of the special county 1 percent sales and use tax, so as to change the provisions regarding the date of termina tion of the tax; to provide for applicability.
Senate Sponsor: Senator Streat of the 19th.

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

Those voting in the affirmative were Senators:

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 Henson
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 Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Bowen

Langford

Stokes

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

THURSDAY, MARCH 27, 1997

2041

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 Speaker has appointed on the part of the House, Representatives Lord of the 121st, Byrd of the 170th and Tolbert of the 25th.
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 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County.
The Speaker has appointed on the part of the House, Representatives Alien of the 117th, Williams of the 114th and Howard of the 118th.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
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 the use of radar; to prohibit sheriffs from using radar in certain circumstances.
Senate action on the following bill was reconsidered earlier today; therefore, the bill was taken up to consider House action thereto:
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 House substitute was as follows:
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

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JOURNAL OF THE SENATE

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 I 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 newborns, and inserting in its place the following:
"(1) Maintain records of reports, notifications, and referrals made under this chapter article; and"

SECTION 3.

Said chapter is further amended by adding at the end a new article to read as follows:

31-1-20.

"ARTICLE 2

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:
(1) '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 services 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 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 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;
(2) Not promote or recommend any class of providers to the detriment of any other class of providers for the same eye care service;

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2043

(3) 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;
(4) 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;
(5) 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
(6) 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.
Senator Stokes of the 43rd moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 254 by adding between lines 35 and 36 of page 2 the following:
"(1.1) Not preclude a covered person who seeks eye care from obtaining such service di rectly from a provider on the health benefit provider panel who is licensed to provide eye care;".
By striking "as defined by NCQA" from line 19 of page 3.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Broun of 46th Brown of 26th Burton Dean Fort Gillis Griffin

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

Price of 56th Ragan Scott Stokes Tanksley Thomas of 54th Thomas of 10th Turner Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Balfour Brush Cagle Clay Crotts Egan Glanton Gochenour

Guhl Huggins Johnson of 1st Lamutt Land Langford Perdue

Those not voting were Senators:

Bowen Cheeks

James Starr

Price of 28th Ralston Ray Roberts Streat Taylor Tysinger
Thompson

On the motion, the yeas were 29, nays 22; the motion prevailed and the Senate agreed to the House substitute to SB 254 as amended by the Senate.
Senator Ralston of the 51st moved that Senator Crotts of the 17th be excused. On the motion, the yeas were 36, nays 1; the motion prevailed, and Senator Crotts was excused.

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.
Senate Sponsor: Senator Kemp of the 3rd.
Senators Fort of the 39th and Egan of the 40th offered the following amendment:
Amend HB 673 by striking line 32 of page 1 and inserting in lieu thereof the following:
"communications officers; to change certain definitions; to include certain employees of municipal correctional institutions authorized to exercise arrest powers in the definition of 'peace officer'; to include municipal correctional institutions in the definition of 'law enforcement unit'; to limit the number of municipal correctional officers permitted to take the basic training course for a certified peace officer; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, as amended by an Act amending Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the 'Georgia Peace Officer Standards and Training Act,' approved April 19, 1995 (Ga. L. 1995, p. 880), so as to change the definition of certain terms; to provide an effective date; to".
By adding after line 31 of page 3 the following:
"SECTION 2A.
Said title is further amended by striking subparagraph (C) of paragraph (7) of Code Section 35-8-2, relating to definitions, and inserting in lieu thereof a new subparagraph (C) to read as follows:
'(C) The Department of Corrections, the State Board of Pardons and Paroles, snd county correctional institutions, and municipal correctional institutions employing 300 or more correctional officers for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department, board, or institutions.'
SECTION 2B.
Said chapter is further amended by striking subparagraph (C) of paragraph (8) of Code Section 35-8-2, relating to definitions applicable to said chapter, and inserting in lieu thereof the following:

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2045

'(C) Personnel who are authorized to exercise the power of arrest and who are em ployed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, county correctional institutions, municipal correctional institutions em ploying 300 or more correctional officers, and county probation systems:; and
(D) And administrative investigator who is an agent, operative, investigator, or of ficer of this state whose duties include the prevention, detection, and investigation of violations of law and the enforcement of administrative, regulatory, licensing, or cer tification requirements of his or her respective employing agency.
Law Siieiiffs who huld elective office and law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon volunta rily complying with the certification provisions of this chapter.'"
By adding after line 28 of page 7 the following:
"SECTION 4A.
Said chapter is further amended by adding at the end of Code Section 35-8-9, relating to requirement of completion of a basic training course, a new subsection (d) to read as follows:
'(d) A municipal correctional institution covered under the provisions of subpargraph (C) of paragraph (7) and subparagraph (C) of paragraph (8) of Code Section 35-8-2 shall not be permitted to have more than ten correctional officers in any 12 month period take the basic training course necessary to become a certified peace officer.'"
By adding after line 21 of page 9 the following:
"SECTION 7A.
Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions, as amended by an Act amending Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, known as the 'Georgia Peace Officer Standards and Training Act,' to define certain terms and provide training requirements for jail officers, approved April 19, 1995 (Ga. L. 1995, p. 880), is amended by striking subparagraph (C) of paragraph (7) of said Code sec tion and inserting in lieu thereof a new subparagraph (C) to read as follows:
'(C) The Department of Corrections, the State Board of Pardons and Paroles, munici pal correction institutions employing 300 or more correctional officers, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department, board, or institutions.'
SECTION 7B.
Said Code section as amended by said Act is further amended by striking subparagraph (C) of paragraph (8) of said Code section and inserting in lieu thereof a new subparagraph (C) to read as follows:
'(C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, and county correctional institutions.'"
By striking in its entirety line 24 of page 9 and inserting in lieu thereof the following:
"Governor upon its becoming law without such approval, except that Sections 7A and 7B of this Act shall become effective upon the same date as an Act amending Chapter 8 of Title 35 of the of the Official Code of Georgia Annotated, approved April 19, 1995 (Ga. L. 1995, p. 880)."
On the adoption of the amendment, the yeas were 34, nays 0, and the Fort, Egan amendment to HB 673 was adopted.

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Senator Kemp of the 3rd offered the following amendment:
Amend HB 673 by adding on line 30 of page 3 immediately proceeding the word "costs" the word "tuition".
On the adoption of the amendment, the yeas were 37, nays 0, and the Kemp 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 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 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen

Langford Starr

Walker

On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto:

HB 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County.
Senator Cheeks of the 23rd moved that the Senate adhere to its substitute and that a Committee of Conference be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following Senators: Cheeks of the 23rd, Brush of the 24th, and Walker of the 22nd.

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. Senate Sponsor: Senator Roberts of the 30th.

THURSDAY, MARCH 27, 1997

2047

Senator Crotts of the 17th offered the following amendment:
Amend HB 833 by striking on line 9 not less than 45,000 and not more than 50,000
And add on line 9 after the word of: not less than 25,000 and not more than 60,000,
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Clay Crotts Dean Fort Gillis Glanton 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 Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Cheeks

Egan Land

Thomas of 10th

On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Perdue of the 18th asked unanimous consent that all the resolutions creating study committees as listed on the Rules Calendar for today be adopted with one roll call. The consent was granted.
Senator Boshears of the 6th asked unanimous consent that SR 185 be voted on sepa rately. The consent was granted.
Senator Kemp of the 3rd asked unanimous consent that HR 326 be voted on sepa rately. The consent was granted.
The following resolutions were read the third time and put upon their adoption:

SR 53. By Senators Madden of the 47th, Perdue of the 18th, Hill of the 4th and others: A resolution creating the Senate 911 Systems Funding Study Committee.

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.

SR 195. By Senators Griffin of the 25th, Ragan of the llth, Streat of the 19th and Middleton of the 50th:
A resolution creating the Georgia Dairy Production Senate Study Committee.

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SR 219. By Senator Thomas of the 10th: A resolution creating the Senate Study Committee on the Impact of the Tempo rary Assistance for Needy Families Act on Immigrants and Migrants in Georgia.
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.
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.
SR 291. By Senators Kemp of the 3rd. Johnson of the 1st, Johnson of the 2nd and others: A resolution creating the Senate Shrimp Fishery Study Committee.
SR 378. By Senators Mar-able of the 52nd, Dean of the 31st, Henson of the 55th and Madden of the 47th: A resolution creating the Senate Study Committee on Women's Cancer Care Issues.
HR 82. By Representative Dixon of the 168th: A resolution creating the Waycross-Ware County Charter and Unification Study 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.
HR 425. By Representatives Porter of the 143rd, Jamieson of the 22nd, Parham of the 122nd and others: A resolution to create the Joint Study Committee on Historic Preservation.
HR 464. By Representative Benefield of the 96th: A resolution creating the Joint Georgia Transportation Study Committee.
The substitute to HR 464 was put upon its adoption: The Senate Rules Committee offered the following substitute to HR 464:
A RESOLUTION
Creating the Joint Georgia Transportation Study Committee; and for other purposes. WHEREAS, the General Assembly recognizes that the health and general welfare of a soci ety depends 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

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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.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA 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 ap pointed 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 cochairperson of the committee. The cochairpersons shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake the study of the condi tions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings 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, per form its duties, and accomplish the objectives and purposes of this resolution. The commit tee may request the provision of services for the purposes 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 five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the 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 53, nays 0, and the substitute to HR 464 was adopted.
On the adoption of the 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 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

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JOURNAL OF THE SENATE

Ralston
Ray Roberts Scott Starr

Stokes
Streat Tanksley Taylor Thomas of 54th

Thompson
Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Egan

Thomas of 10th

On the adoption of the resolutions, the yeas were 53, nays 0.
The resolutions, except HR 464, having received the requisite constitutional majority, were adopted.
HR 464, having received the requisite constitutional majority, was adopted bysubstitute.
The following resolution was read the third time and put upon its adoption:

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.
The Senate Natural Resources Committee offered the following amendment:
Amend SR 185 by striking on line 20 of page 1 the word "Brunswick" and inserting in lieu thereof the term "coastal Georgia".
By striking on lines 27 and 28 of page 1 the words "Brunswick-Glynn County" and in serting in lieu thereof the term "coastal Georgia".
By striking on line 2 of page 2 the words "Brunswick-Glynn County" and inserting in lieu thereof the term "coastal Georgia".
By striking on lien 20 of page 2 the words "Glynn County" and inserting in lieu thereof the term "coastal Georgia".
By striking on lines 32 and 33 of page 2 the words "Brunswick-Glynn County" and in serting in lieu thereof the term "coastal area of Georgia".
By striking on line 28 of page 3 the word "ten" and inserting in lieu thereof the word "five".
On the adoption of the amendment, the yeas were 38, nays 0, and the committee amendment to SR 185 was adopted.
Senator Boshears of the 6th offered the following amendment:
Amend SR 185 by striking on Page 2 Line 10 the word "Three" and inserting in its place the word "Six"
By striking on Page 2 Lines 14 through Line 20 and Lines 28 and 29 and inserting a new (2) and (3) beginning on Line 14 of Page 2 as follows:
(2) Three private sector members appointed by the President of the Senate;
(3) One representative of 200 Atlanta and one representative of the City of Atlanta to be appointed by the President of the Senate:
On the adoption of the amendment, the yeas were 33, nays 0, and the Boshears amend ment to SR 185 was adopted.
The report of the committee which was favorable to the adoption of the resolution as amended, was agreed to as amended.

THURSDAY, MARCH 27, 1997

2051

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 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 and Glanton.

On the adoption of the resolution, the yeas were 54, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

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.
Senate Sponsor: Senator Kemp of the 3rd.

Senator Kemp of the 3rd offered the following amendment:
Amend HR 326 by striking on line 32 of page 1 the number "28" and inserting in lieu thereof he number "29".
By striking lines 4 through 6 of page 2 and inserting in lieu thereof the following:
"committee. The President of the Senate shall appoint nine additional members and the Speaker of the House of Representatives shall appoint eight additional members so as to ensure representation from each of the following organizations: the".
By inserting at the end of line 11 of page 2 the following:
"the Georgia Drillers Association,".

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 adoption of the resolution, was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th

Burton Cagle Cheeks

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JOURNAL OF THE SENATE

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 Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brush Henson

Ralston Taylor

Thomas of 10th 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 Calendar was resumed.

SR 360. By Senator Gillis of the 20th:

A resolution urging the United States Department of Labor to streamline the H2A Program for agricultural employers.

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 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 Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Glanton

Henson Thomas of 10th

Walker

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2053

On the adoption of the resolution, the yeas were 51, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
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 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.
The Speaker has appointed on the part of the House, Representatives Randall of the 127th, Ragas of the 64th and Richardson of the 26th.
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 104. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers.
The Speaker has appointed on the part of the House, Representatives Parham of the 122nd, Barnes of the 33rd and Davis of the 60th.
The Calendar was resumed.
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. Senate Sponsor: Senator Thompson of the 33rd.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

2054

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 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 Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Henson

Thomas of 10th

On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill was taken up to consider House action thereto:

HB 104. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers.
Senator Burton of the 5th moved that the Senate adhere to its substitute and that a Committee of Conference be appointed.
On the motion, the yeas were 40, nays 1; the motion prevailed, and the President ap pointed as a Conference Committee on the part of the Senate the following Senators: Thompson of the 33rd, Burton of the 5th and Madden of the 47th.
At 8:58 P.M., the President announced that the Senate would suspend until 9:10 P.M.
Pursuant to a motion adopted on March 24, the President announced the appointment of the Senate Conferees 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 President appointed as a Conference Committee on the part of the Senate the following Senators: Langford of the 29th, Brush of the 24th and Thomas of the 54th.
Senator Balfour of the 9th moved that the Senate adjourn.

THURSDAY, MARCH 27, 1997

2055

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

Those voting in the affirmative were Senators:

Balfour Egan Gochenour

Guhl Langford Price of 28th

Ray Tanksley

Those voting in the negative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton

Griffin Harbison Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Perdluue

Price of 56th Ragan Ralston Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Henson

James Thomas of 10th

On the motion, the yeas were 8, nays 44, and the motion to adjourn was lost. The Calendar was resumed.

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.

Senator Scott of the 36th moved that HB 447 be placed on the Table.
On the motion, the yeas were 37, nays 6; the motion prevailed and HB 447 was placed on the Table.

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.

Senator Scott of the 36th moved that HB 95 be placed on the Table.
On the motion, the yeas were 37, nays 7; the motion prevailed, and HB 95 was placed on the Table.

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JOURNAL OF THE SENATE

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.
Senator Scott of the 36th moved that HB 185 be placed on the Table. On the motion, the yeas were 37, nays 4; the motion prevailed, and HB 185 was placed on the Table. Senator Perdue of the 18th moved that Senate Rules 31 and 32 be suspended to allow HR 296 to be read the third time and considered. Pursuant to Rule 32, the motion was referred to the Senate Rules Committee. The following committee report was read by the Secretary:
Mr. President: The Committee on Rules has had under consideration the following motion: to sus
pend Rules 31 and 32 to allow HR 296 to be read the third time and put upon its passage, and has instructed me to report the same back to the Senate with the following recommendation:
The Committee recommends that the motion be adopted.
Respectfully submitted, Senator Scott of the 36th District, Chairman
Senator Perdue of the 18th restated his motion to suspend Rules 31 and 32 to allow HR 296 to be read the third time and considered. The motion prevailed, and HR 296 was placed on a Supplemental Rules Calendar for today.
SENATE SUPPLEMENTAL RULES CALENDAR Thursday, March 27, 1997
THIRTY-NINTH LEGISLATIVE DAY
HR 296 CA: Georgia Compensation Commission; provide (Amendment) (Approp-18th) Holland 157th
The following resolution was read the third time and put upon its adoption:
HR 296. By Representative Holland of the 157th:
A resolution proposing an amendment to the Constitution so as to provide for a Georgia Compensation Commission with the authority to fix the compensation of certain state constitutional officers and such other state officers as may be provided for by law; to provide that such commission shall investigate and ap prove or disapprove the separation of state employees subject to involuntary separation benefits.
Senator Scott of the 36th moved that HR 296 be placed on the Table. On the motion, the yeas were 37, nays 7; the motion prevailed and HR 296 was placed on the Table. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 9:20 P.M., the President announced the Senate adjourned.

FRIDAY, MARCH 28, 1997

2057

Senate Chamber, Atlanta, Georgia Friday, March 28, 1997 Fortieth 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 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 adopted by the requisite constitutional majority the following resolu tion of the Senate:
SR 196. By Senators Johnson of the 2nd, Johnson of the 1st, Perdue of the 18th and others:
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 House has agreed to the Senate substitutes to the following bills of the House:
HB 172. By Representatives Powell of the 23rd and Skipper of the 137th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotat ed, known as the "Real Estate Appraiser Classification and Regulation Act," so as to change the definition of a certain term; to provide that any instructor ap proved to teach any required education course at an approved school shall pay an original application fee and renewal fee as established by the Georgia Real Estate Appraisers Board.
HB 173. By Representatives Powell of the 23rd and Skipper of the 137th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the Georgia Real Estate Commission, through its rules and regulations, shall estab lish standards for the approval of schools to offer the education courses required under said chapter.
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 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 of judgments, so as to exclude judgments or orders for child support or spousal support.

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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.
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 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 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 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.
The House has agreed to the Senate amendments to the following bills of the House:
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 834. By Representative Ashe of the 46th:
A bill to amend Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to sales on farm wineries and in special entertainment districts, so as to provide that special entertainment districts may be defined and designated by local governing authorities.

FRIDAY, MARCH 28, 1997

2059

The following committee report was read by the Secretary:

Mr. President:

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

HB 222. Do pass.

HE 1063. Do pass.

HB 662. Do pass.

HB 1064. Do pass.

HB 1012. Do pass.

HB 1068. Do pass.

HB 1060. Do pass.

HB 676. Do pass.

HB 1061. Do pass.

HB 994. Do pass.

HB 1062. Do pass.

HB 1044. Do pass.

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

Senator Marable of the 52nd moved that Senator Thomas of the 10th be excused from the Senate due to chest pains. On the motion, the yeas were 37, nays 0; the motion pre vailed, and Senator Thomas was excused.
The President called for the morning roll call, and the following Senators answered to their names:

Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin

Guhl Henson Hill Hooks Huggins James Johnson of 2nd 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 answering were Senators:

Abernathy Balfour Blitch Brush

Harbison Johnson of 1st Kemp

Thomas of 10th (excused) Thompson Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Dean of the 31st introduced the Chaplain of the day, Reverend John Huggins of Douglasville, Georgia, who offered scripture reading and prayer.
Senator Price of the 56th moved that Senator Burton of the 5th be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Burton was excused.

2060

JOURNAL OF THE SENATE

The following resolutions were read and adopted:
SR 446. By Senators Brush of the 24th, Langford of the 29th, Marable of the 52nd and others: A resolution recognizing the month of May, 1997, as "Motorcycle Awareness and You Month" in Georgia.
SR 447. By Senator Cheeks of the 23rd: A resolution recognizing and commending James Pittman.
SR 448. By Senators Hill of the 4th, Gochenour of the 27th, Brown of the 26th and Perdue of the 18th: A resolution commending Monica Webb Thomas as a University System of Georgia Outstanding Scholar on Academic Recognition Day.
SR 449. By Senator Dean of the 31st: A resolution commending Life University's men's basketball team and Coach Roger Kaiser.
SR 450. By Senator Broun of the 46th: A resolution commending Head Coach Orlando "Tubby" Smith.
SR 451. By Senators Kemp of the 3rd, Johnson of the 2nd, Thomas of the 10th and Taylor of the 12th: A resolution expressing regret at the passing of Mr. Solomon Vann, Jr.
SR 452. By Senators Hill of the 4th, Bowen of the 13th, Burton of the 5th and others: A resolution commending the Georgia State Patrol and the heroic efforts of cer tain Troopers injured at Centennial Olympic Park.
SR 453. By Senators Scott of the 36th, Perdue of the 18th, Clay of the 37th and others: A resolution recognizing and commending Norris Smith.
SR 454. By Senators Streat of the 19th, Starr of the 44th, Burton of the 5th and others: A resolution commending Mr. Trent Ozburn, the capitol grounds manager, his assistants, Mr. Steve Johnson and Mr. Willie Key, and each member of the grounds crew.
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 28, 1997
FORTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)

FRIDAY, MARCH 28, 1997

2061

HB 222 Ray, 48th Cagle, 49th CITY OF BUFORD
Amends an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
HB 662 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY & CITY OF AUGUSTA
Amends 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 "Au gusta, Georgia".
HB 676 Taylor, 12th WEBSTER COUNTY
Creates a board of elections and registration in Webster County.
HB 994 Purdue, 18th Brown, 28th Gochenour, 27th BIBB COUNTY
Changes certain provisions creating the Civil Service System and Board of Bibb County pursuant to an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, so as to change the definition of certain terms.
HB 1012 Hooks, 14th MACON COUNTY
Repeals an Act creating and establishing a Small Claims Court of Macon County.
HB 1044 Taylor, 12th CITY OF NEWTON
Amends an Act creating a charger for the City of Newton, so as to provide for the election and terms of the members of the city council.
HB 1060 Streat, 19th BACON COUNTY
Amends an Act re-creating the Board of Commissioners of Bacon County, so as to give the chairman of the Board of Commissioners a vote on all matters.
HB 1061 Griffin, 25th JASPER COUNTY
Amends an Act abolishing the fee system of compensating the sheriff of Jasper County and providing in lieu thereof an annual salary, so as to provide for the appointment of a chief deputy sheriff.
HB 1062 Boshears, 6th CITY OF PATTERSON
Amends an Act providing a new charter for the City of Patterson, so as to change the corporate limits of the city.

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JOURNAL OF THE SENATE

HB 1063 Gillis, 20th LAURENS COUNTY
Amends an Act to provide for the election of the members of the board of educa tion of Laurens County from single-member districts, so as to provide for nonpartisan elections of the members of the board of education.

HB 1064 Ray, 48th Cagle, 49th FORSYTE COUNTY
Amends an Act creating the State Court of Forsyth County, so as to change provisions relating to terms of court.

HB 1068 Bowen, 13th TURNER COUNTY
Amends an Act entitled "An Act to provide a board of elections for Turner County," so as to provide that the chairperson of such board may be appointed as the chief registrar.

Senator Griffin of the 25th asked unanimous consent that HB1061, affecting only Jasper County which he represents, be removed from the Local Consent Calendar. The consent was granted.
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 Cagle Cheeks Clay Crotts Dean Fort Gillis Gochenour

Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Lamutt Land Madden Marable Perdue

Price of 28th Price of 56th Ragan Ralston Ray Scott Starr Stokes Tanksley Taylor Thomas of 54th Turner Walker

Voting in the negative was Senator Egan.

Those not voting were Senators:

Abernathy Balfour Burton (excused) Glanton Hill (excused)

Kemp Langford Middleton Oliver (excused) Roberts

Streat Thomas of 10th (excused) Thompson (excused) Tysinger

On the passage of the local bills, the yeas were 41, nays 1.
All the bills on the Local Consent Calendar, except HB 1061, having received the requi site constitutional majority, were passed.

FRIDAY, MARCH 28, 1997

2063

Pursuant to a motion adopted March 27, the President announced the appointment of the Senate conferees on the following bill of the House:
HE 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, realting to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission.
The President appointed as a Conference Committee on the part of the Senate the following Senators: Langford of the 29th, Streat of the 19th and Perdue of the 18th.
The following resolution was taken up to consider House action thereto:
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 House substitute was as follows:
A RESOLUTION
Authorizing the lease, disposal, and conveyance of certain state owned real property located in Baldwin, DeKalb, Fulton, and Gwinnett Counties, Georgia; to repeal conflicting laws: and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain parcels of real property located in Baldwin, Fulton, and Gwinnett Counties, Georgia;
(2) Said real property is all those tracts or parcels of land lying and being in:
(A) Baldwin County, Georgia, and being all that tract or parcel of land lying and being in Land Lots 251 and 252 of Baldwin County containing approximately 18.5 acres as shown on a drawing marked in yellow and being on file in the offices of the State Properties Commission.
(B) Fulton County. Georgia, and being all that tract or parcel of air rights lying and being in Land Lots 77 and 78 of the 14th District of Fulton County containing approximately 0.45 of one acre and adjoining Forsyth Street in the City of Atlanta as shown on Department of Transportation Right of Way Map dated June 28, 1994, Project BHZLB-012] (10) sheet 2, and being on file in the offices of the State Properties Commission.
(C) Gwinnett County, Georgia, and being all that tract or parcel of land lying and being in the 407 GMD of the 5th District of Gwinnett County containing approximately 1.6 acres as shown on a plat of survey prepared by Lewis M. Brown, dated August 30, 1996, and being on file in the offices of the State Properties Commission;
(3) Each of the above-described tracts or parcels may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the purchaser to the State Properties Commission for approval;
(4) Said properties are under the custody of the Department of Human Resources, the State Properties Commission, and the Georgia Forestry Commission, respectively; and
(5) The subject properties are underutilized and it has been determined that all or a portion of the above-described parcels are surplus to the needs of the State of Georgia; and

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JOURNAL OF THE SENATE

WHEREAS:
(1) The Georgia Department of Transportation, ("Department"), is the owner of certain real property located in DeKalb County, Georgia;
(2) This real property is located east of Moreland Avenue, to Candler Park and to Ponce de Leon;
(3) The Department is the owner of certain real property located in Fulton County, Georgia;
(4) This real property is located north and south of North Highland Avenue in the Inman Park neighborhood and north of Ralph McGill Boulevard in the Poncey-Highland neighborhood in Fulton County, Georgia;
(5) In the case styled DEPARTMENT OF TRANSPORTATION, STATE OF GEORGIA^ Condemnor, vs 7.802~A'CRES 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, 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");
(6) 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 Fairview Road, and the property adjacent to the Jackson Hill Baptist Church, will be disposed of in one or more of the following ways:
(A) 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:
(B) All or portions may be leased, conveyed or transferred to the City or to the federal government for use as a public park;
(C) 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 property;
(7) In Part IV, Paragraph Kb) 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:
(A) Portions may be transferred to the City for use as parklands in a land exchange for other City owned property needed by the DOT;
(B) Portions may be leased, conveyed or transferred to the City or federal government for use as a public park;
(C) 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;
(8) In Part IV, Paragraph l(c) of said Settlement Agreement the parties agreed DOT Owned Rights-Of-Way North of Ralph McGill: All DOT owned rights-of-way north of Ralph McGill will be disposed of in one or more of the following ways:
(A) 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;
(B) All or portions may be leased, conveyed or transferred to the City or federal government for use as a public park;
(C) 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

FRIDAY, MARCH 28, 1997

2065

property. It is specifically agreed that the approximately 4.4 acres on the north side of Ponce de Leon Avenue in the vicinity of Barnett Street will be disposed of by sale and shall be used in a manner agreed to by the City and the Virginia-Highland Civic Association;
(9) The Department is in favor of leasing to the City of Atlanta certain portions of real property and disposing of certain portions of real property located east of Moreland Avenue; north and south of North Highland Avenue; and north of Ralph McGill Boulevard, in accordance with the terms of the aforementioned Settlement Agreement;
(10) The City of Atlanta, ("City"), is desirous of obtaining the lease of the real property 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, multiuse trail, and roadside park;
(11) The City is desirous of having said real property located north and south of North Highland Avenue in the Inman Park neighborhood disposed of in order to enhance the beauty of the City and to maintain the real property as a bike path, multi-use trail, and roadside park; and
(12) The City is desirous of having said real property located north of Ralph McGill Boulevard in the Poncey-Highland neighborhood disposed of in order to enhance the beauty of the City and to maintain the real property as a bike path, multi-use trail, and roadside park.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That the State of Georgia is the owner of the above-described real properties as provided in paragraph (2) of the first WHEREAS clause and that in all matters relating to the convey ance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That all or a portion of each of the above-described real properties shall be sold by competi tive bid for a consideration of the fair market value of such properties as determined to be in the best interest of the State of Georgia by the State Properties Commission or all or a portion of each of the above-described real properties may be sold to a local city, county, development authority, school board, or other public entity for not less than the fair market value without the necessity of competitive bid, and such further consideration and provi sions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. If all bids received are unacceptable and determined by the State Properties Commission as not being in the best interest of the State of Georgia, a contract may be negotiated pursuant to this resolution and Article 2 of Chapter 16 of Title 50 of the O.C.G.A., known as the "State Properties Code," provided that the responsible bidder who submitted the highest bid under the original solicitation is notified of the deter mination and given a reasonable opportunity to negotiate. The final negotiated sale shall be approved by the State Properties Commission as to consideration and terms and conditions.
SECTION 3.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sales.

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JOURNAL OF THE SENATE

SECTION 4.
That each deed of conveyance shall be recorded by the purchaser in the superior court of the county of the property's origin and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 5.
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 CTTY~OT ATLANTA, GEORGIA, Condemnees, and DAVID VAUGHN, et al., IntervenorsTTKimgTUvTI Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia.
SECTION 6.
That the Department is the owner of certain real property located north and south of North Highland Avenue in the Inman Park neighborhood which was the subject of the case styled DEPARTMENT OF TRANSPORTATION, STATE OF GEORGIA, Condemrior vs. 7 802 ACRES OF LAND; Certain Easement Rights; and the CITY OF~ATLANTA7"(?E()RGIA, Condemnees, and DAVID VAUGHN, et al. Intervenors, being CTvil Action File No. 886429-3, Superior Court of DeKaltTCounty, Georgia.
SECTION 7.
That the Georgia Department of Transportation is the owner of certain real property lo cated north of Ralph McGill Boulevard in the Poncey-Highland neighborhood which was the subject of 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., Intervenors, being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia.
SECTION 8.
That the Department is authorized to lease to the City of Atlanta all or a portion of each of such real property described in Sections 5, 6, and 7 of this resolution to enhance the beauty of the City and to maintain the real property as a bike path, multi-use trail, and roadside park.
SECTION 9.
That the lease of such real property as provided for in Section 8 of this resolution shall be granted by appropriate instrument to the City of Atlanta by the Georgia Department of 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, multi-use trail, and roadside park in imple mentation 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 property, and upon such further conditions and consideration as determined by the Commissioner 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 acknowledg ment that the real property will remain with the City provided the property is maintained as a bike path, multi-use trail, and roadside park for the benefit of the citizens of the State.

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2067

SECTION 10.

That the lease agreement between the Department and City for such real property as pro vided for in Section 8 of this resolution shall be for a period of 99 years.
SECTION 11.

That the Department is authorized to dispose of all or a portion of each of that certain real properties described in Sections 5, 6, and 7 of this resolution in accordance with a land use plan, developed and agreed upon by the City, the Department, and CAUTION, INC., acting on behalf of itself and its constituent neighborhood organizations (Candler Park Neighbor hood Organization, Druid Hills Civic Association, Inman Park Restoration, Inc., Lake Claire Neighbors, Poncey-Highland Neighborhood Association, Virginia Highland Civic As sociation), ("CAUTION").
SECTION 12.

That the proposed land use plan shall be finalized by the City's Bureau of City Planning and submitted to the Department and CAUTION for review and comment no later than August 1, 1997. The Department and CAUTION will review the proposed land use plan and return comments to the City no later than September 1, 1997. If there are any differ ences that need to be resolved, a meeting between the City, the Department, and CAU TION will be held no later than October 1, 1997. The Department will draft or will cause the drafting of a consent agreement for all parties to sign approving the land use plan, provided that if the parties fail to formally approve said land use plan prior to March 31, 1998, the Department shall be authorized to dispose of the remaining property in compli ance with the applicable requirements of State and Federal statutes.

ARTICLE III

SECTION 13.

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

Senator' Starr of the 44th moved that the Senate agree to the House substitute to SR 166.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis

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

Perdue Price of 28th Price of 56th Ragan Ralston Ray Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Turner Tysinger

Those not voting were Senators:

Abernathy Egan Glanton Hill (excused)

Langford Madden Oliver (excused) Roberts

Thomas of 10th (excused) Thompson (excused) Walker

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JOURNAL OF THE SENATE

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 166.
The following bill was taken up to consider House action thereto:
HB 517. By Representatives Sherrill of the 62nd, Heard of the 89th and Childers of the 13th:
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 for certain amounts expended for qualified caregiving expenses.
The House amendment was as follows:
Amend the Senate substitute to HB 517 by striking lines 1, 2, and 3 of page 1 and inserting in their place the following:
"To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax, so as to provide for a tax".
By striking lines 7 and 8 of page 1 and inserting in their place the following:
"state revenue commissioner with respect to the foregoing; to provide for setoff debt col lection for debts owed to political subdivisions of the state; to provide for legislative pur poses; to change certain provisions regarding definitions; to provide for procedures; to provide for effective dates; to provide for applicability; to".
By striking lines 12, 13, and 14 of page 1 and inserting in their place the following:
"Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax, is amended by adding a new Code".
By striking lines 29 through 35 of page 2 and inserting in their place the following:
"SECTION 2.
Said chapter is further amended by striking Code Section 48-7-160, relating to legislative purposes, and inserting in its place a new Code Section 48-7-160 to read as follows:
'48-7-160.
The purpose of this article is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the department shall cooperate in identifying debtors who owe money to the state through its various claimant agencies and who qualify for refunds from the department. It is also the purpose of this article to establish procedures for setting off against any such refund the sum of any debt owed to the state claimant agencies. It is the intent of the General Assembly that this article be liberally construed to effectuate these purposes.'
SECTION 3.
Said chapter is further amended at the end of paragraph (1) of Code Section 48-7-161, relating to definitions, by striking the word 'and' at the end of subparagraph (D), by strik ing the period and inserting '; and' at the end of subparagraph (E), and by adding a new subparagraph (F) to read as follows:
'(F) Any political subdivision which contracts with a Georgia nonprofit corporation whose income is exempt from federal income tax pursuant to Section 115 of the Internal Reve nue Code of 1986, which corporations shall be the sole entity through which any such political subdivision may seek claims under this article.'
SECTION 4.
Said chapter is further amended by striking paragraph (2) of Code Section 48-7-161, relat ing to definitions, and inserting in its place a new paragraph (2) to read as follows:

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2069

'(2) "Debt" means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum or any sum which is due and owing any person and is enforceable by the Department of Human Resources pursuant to subsec tion (b) of Code Section 19-11-8. For purposes of claimant agencies which are political subdivisions, the sum due and owing shall not be subject to setoff pursuant to this article until the political subdivision to whom the debt is owed has obtained a judgment on the debt from a court of competent jurisdiction.'

SECTION 5.

Said chapter is further amended by adding a new paragraph immediately following para graph (3) of Code Section 48-7-161, relating to definitions, to be designated paragraph (3.1) to read as follows:
'(3.1) "Political subdivision" means any county, municipality, or school district in this state or any instrumentality of such county, municipality, or school district. Priority for multiple claims from political subdivisions for a refund setoff, when the amount of the setoff available for such political subdivision claims does not equal the combined total of the claims filed by political subdivisions under this article, shall be determined by dis tributing the available funds to each political subdivision in the order of the date that the claim is received by the department.'

SECTION 6.

Said chapter is further amended by striking subsection (e) of Code Section 48-7-164, relat ing to procedures and notification, which reads as follows:
'(e) The claimant agency shall pay the department for all costs incurred by the depart ment in setting off debts in the manner provided in this article.',
and inserting in its place a new subsection (e) to read as follows:
'(e) The department may retain an amount not to exceed $25.00 from each refund set off to defray its administrative expenses. If, after appropriate review, the claimant agency determines that it is not entitled to any part of the amount set off, it shall refund the entire amount plus the amount retained by the department to defray its cost. That por tion of the refund reflecting the cost incurred must be paid from the claimant agency's funds.'

SECTION 7.

(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 1998.
(b) Section 1 of this Act shall become effective on January 1, 1999, and shall be applicable to all taxable years beginning on or after January 1, 1999.

SECTION 8.

All laws and parts of laws in conflict with this Act are repealed." Senator Starr of the 44th moved that the Senate agree to the House amendment to the
Senate substitute to HB 517. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th

Burton Cagle Clay Crotts Dean Fort

Gillis Gochenour Griffin Guhl Harbison Henson

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JOURNAL OF THE SENATE

Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden

Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Scott

Those not voting were Senators:

Abernathy Brush Cheeks Egan

Glanton Hill (excused) Langford Oliver (excused)

Starr Stokes Streat Tanksley Taylor Thomas of 54th Turner Tysinger
Roberts Thomas of 10th (excused) Thompson (excused) Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 517.
The following resolution was taken up to consider House action thereto:

HR 457. By Representatives Smith of the 169th, Byrd of the 170th, Coleman of the 142nd and others:

A resolution directing the Department of Human Resources to expend certain appropriated funds for certain purposes.

The House amendment was as follows:
Amend the Senate substitute to HR 457 by striking lines 1 through 14 of page 1 and in serting in their place the following:
"Directing the Department of Human Resources to expend certain appropriated funds for certain purposes; and for other purposes.
WHEREAS, the problem of teen pregnancy in this state has reached epidemic proportion and it is incumbent upon this body to take appropriate measures to alleviate this situation.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that funds appropriated supplementally to the Department of Human Resources for state fiscal year 1997 and funds appropriated to the Department of Human Resources for state fiscal year 1998, which funds are appropriated for the purpose of teen pregnancy preven tion, shall ensure a primary emphasis on abstinence education which:".
Senator Perdue of the 18th moved that the Senate agree to the House amendment to the Senate substitute to HR 457.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Dean Fort Gillis Glanton

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

Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat

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2071

Tanksley Taylor Thomas of 54th

Turner Tysinger

Voting in the negative was Senator Blitch.

Those not voting were Senators:

Abernathy Brush Clay Egan

Guhl Hill (excused) Langford Oliver (excused)

Thomas of 10th (excused) Thompson (excused) Walker

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HR 457.
The following bill was taken up to consider House action thereto:

HB 110. By Representative Barnes of the 33rd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of vehicles generally, so as to provide for a special license plate honoring and supporting the Shrine hospi tals for children.
Senator Clay of the 37th moved that the Senate insist on its substitute to HB 110.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 110.
The following bill was taken up to consider House action thereto:

HB 183. By Representative 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.
Senator Clay of the 37th moved that the Senate adhere to its substitute to HB 183 and that a Committee of Conference be appointed.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the President ap pointed as a Conference Committee on the part of the Senate the following Senators: Ralston of the 51st, Clay of the 37th and Kemp of the 3rd.
The following resolution was taken up to consider House action thereto:

SR 167. By Senator Tysinger of the 41st:
A resolution authorizing the leasing of certain state owned real property located in DeKalb County, Georgia.
The House substitute was as follows:
A RESOLUTION
Authorizing the study of certain state owned real property located in DeKalb County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in DeKalb County, Georgia; and

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WHEREAS, said real property is all that tract or parcel of land lying and being in DeKalb County, Georgia, containing approximately 98.6 acres as described in accordance with that certain plat of survey prepared by James G. Swift, Georgia Registered Land Surveyor No. 1310, and R. H. Davis, Jr., Georgia Registered Land Surveyor No. 1230, dated December 17, 1963, on file in the offices of the State Properties Commission; and may be more partic ularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by the Grantee to the State Properties Commission for approval; and
WHEREAS, said property is under the custody of the Department of Human Resources and is known as the Brook Run Mental Retardation Institution; and
WHEREAS, the Department of Human Resources has recommended that the patients be ing housed at the above-mentioned Brook Run facility be transferred to community-based care programs or placed in other state facilities; and
WHEREAS, the above-mentioned recommendation by the Department of Human Re sources is predicated on the ability to serve the needs of more individuals at the same level of current funding; and
WHEREAS, if the residents of Brook Run are relocated, the property may become surplus to the needs of the Department of Human Resources.
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 disposition of said real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
(a) That certain areas of the above-mentioned 98.6 acres are currently held in their natu ral state. These areas shall be designated as urban greenspace as they exist on the effec tive date of this resolution and shall be held in trust for the benefit of the present and future generations of the people of the State of Georgia in a natural and undeveloped state. The current natural area as well as those additional areas determined to be in the best intersts of the state shall be maintained as urban greenspace, which use or uses are found to confer the best and most important benefit to the public. This urban greenspace shall not be less than 35 percent of the total 98.6 acres.
(b) If the State Properties Commission determines that there may exist an imperative and unavoidable necessity for a use of the urban greenspace other than those abovementioned uses, the State Properties Commission shall hold a public hearing thereon in DeKalb County as follows:
(1) A brief summary of the proposed change shall be advertised in the legal organ of DeKalb County along with the date on which a public hearing shall be held to consider the proposed change in the urban greenspace. 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 (3) of this subsection, shall be provided. Infor mation describing the proposed change and the public hearing also shall be distributed to the media by news release and published in appropriate publications.
(2) Any proposed changes to the boundaries of the urban greenspace shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (3) of this subsection in such a fashion as to be readily discernible on the ground by members of the public.
(3) A public hearing shall be held no earlier than 15 days after the most recent publi cation of the notice required by paragraph (1) of this subsection in the legal organ of DeKalb County.

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2073

(c) The State Properties Commission shall consider fully all testimony, both oral and written, relative to the proposed use of the urban greenspace and submit a recommenda tion to the General Assembly. The General Assembly may then determine if such use is in the public interest and may by statute or joint resolution approve such other recom mended use of the urban greenspace.
(d) Neither the designation of a piece of property as a part of the urban greenspace nor any action taken by the State Properties Commission pursuant to subsection (c) of this section shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its inclusion within the urban greenspace.

SECTION 3.

That the State Properties Commission is authorized to conduct a study to determine the best utilization of the above-described property so as to be in the best interest of the State of Georgia. The commission will consider but not be limited to consider in its deliberations of the future use of the property:
(1) Use of the property as an urban greenspace;
(2) Transfer of custody of property to another state agency, department, or authority for alternative use; and
(3) Disposal by lease, not to exceed 50 years, or conveyance to a public or private entity.

SECTION 4.

That the State Properties Commission will make a recommendation to the next convening General Assembly following the closure of the Brook Run facility of the finding of the above-mentioned study, and the adoption of this resolution by the General Assembly shall not be construed as authorizing the State Properties Commission to sell, lease, or otherwise convey the property without the adoption of a proper conveyance resolution by the General Assembly.

SECTION 5.

That the State Properties Commission is authorized to contract with a public or private consultant to assist in the determination of the use or disposition of the property as being in the best interest of the State of Georgia.

SECTION 6.

All laws and parts of laws in conflict with this resolution are repealed.
Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SR 167.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins Johnson of 2nd Johnson of 1st Kemp

Lamutt Land Madden Marable Middleton Price of 28th Price of 56th Ragan Ray Roberts Scott Stokes Tanksley

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Taylor Thomas of 54th

Turner Tysinger

Those not voting were Senators:

Abernathy Egan Hill (excused) James Langford

Oliver (excused) Perdue Ralston Starr

Streat Thomas of 10th (excused) Thompson (excused) Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 167.
Senator Cagle of the 49th moved that Senator Glanton of the 34th be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Glanton was excused.
The following bill was taken up to consider House action thereto:

HB 1036. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and Day of the 153rd:

A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of the state court.

The House amendment was as follows: Amend the Senate substitute to HB 1036 as follows:
On page 1, line 23 delete "50,000.00" and insert in lieu thereof "56,000". Senator Johnson of the 1st moved that the Senate agree to the House amendment to
the Senate substitute to HB 1036. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Gillis 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 Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Turner Tysinger

Those not voting were Senators:

Abernathy Clay Egan Fort

Glanton (excused) Hill (excused) Oliver (excused)

Thomas of 10th (excused) Thompson (excused) Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1036.

FRIDAY, MARCH 28, 1997

2075

Senator Gillis of the 20th moved that the following bill of the House, having been placed on the Table March 27, 1997, be taken from the Table:
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.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 447 was taken from the Table. Pursuant to Senate Rule 111, HB 447, having been taken from the Table, was put upon its passage.
The Senate Public Safety Committee offered the following substitute to HB 447:
A BILL
To be entitled an Act to amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to Brady Law regulations, so as to change the provi sions relating to the duties of dealers; to change the times at which the toll-free telephone service established by the Georgia Bureau of Investigation shall be in service for inquiries by licensed dealers; to change the time period during which the exemption granted for cer tain loan or pawn transactions is applicable; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to Brady Law regulations, is amended by striking paragraph (3) of Code Section 16-11-172, relating to duties of dealers and request to bureau for records check, and in serting in lieu thereof a new paragraph (3) to read as follows:
"(3) The dealer has requested, by means of a toll-free telephone call during hours in which such toll-free telephone number established by the bureau is operational as pro vided in Code Section 16-11-177, that the bureau conduct a criminal history and involun tary hospitalization records check;".
SECTION 2.
Said part is further amended by striking Code Section 16-11-177, relating to the toll-free telephone service established by the bureau, and inserting in lieu thereof a new Code Sec tion 16-11-177 to read as follows:
"16-11-177.
The bureau shall establish a toll-free telephone number which shall be operational seven days a week Monday through Saturday between the hours of 8:00 A.M. and 10:00 P.M. and operational on Sundays between the hours of 8:00 A.M. and 6:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers; provided, how ever, that such telephone service established by the bureau shall not be operational on Christmas Day. The bureau shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section."
SECTION 3.
Said part is further amended by striking subsection (b) of Code Section 16-11-181, relating to the applicability of the Brady Law regulations and the transfer of handguns as collateral for loan or in pawn transactions, and inserting in lieu thereof a new subsection (b) to read as follows:

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"(b) Notwithstanding any other provisions of this part, in any case where a person has transferred a handgun as collateral for a loan or as pledged goods in a pawn transaction and such transaction has been carried out pursuant to the provisions of this part, upon such person reclaiming or redeeming the handgun from the dealer or upon such person transferring any other handgun as collateral or pledged goods to the same dealer or re claiming the same at any time during the calendar yeai as 12 month period immediately following the original transaction with such dealer, the provisions of this part shall not apply to such transfers subsequent to the original transfer during such caleudai year 12 month period."

SECTION 4.

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Fort Gillis Gochenour Griffin

Guhl Harbison Henson 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 Turner

Those not voting were Senators:

Abernathy Blitch Clay Egan Glanton (excused)

Hill (excused) Johnson of 2nd Oliver (excused) Perdue

Thomas of 10th (excused) Thompson (excused) Tysinger Walker

On the passage of the bill, the yeas were 43, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill was taken up to consider House action thereto:

HB 963. By Representatives Crawford of the 129th, Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that circuit.

FRIDAY, MARCH 28, 1997

2077

Senator Price of the 28th moved that the Senate recede from its amendment to HB 963.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Dean Fort Gillis Gochenour Griffin Guhl

Harbison Henson Hooks Hugging 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 Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Brush Clay

Egan Glanton (excused) Hill (excused) Oliver (excused)

Thomas of 10th (excused) Thompson (excused) Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 963.
Senator Guhl of the 45th moved that Senator Madden of the 47th be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Madden was excused.
The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
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 exclude multiyear contracts with other school systems and public educational entities from certain limitations on such contracts; 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:

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"20-2-606.
(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, multiglazed windows or doors, heat absorbing or heat reflective glazecTand coated" window or door systems, or other window or door systems designed to recFuce 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 a ir 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 neat ancTclectricity for use primarily" within a buildmg or complex oTTmildiugs; and
(I) Life safety measures that provide long-term operating cost reductions and are in compliance wrtrTstatc andTocaTcocIes^ and building operation programs thatTeduce operating costs.
(2) 'Guaranteed energy saving contract' means a contract for the implementation of one or more energy cost savings measures providing that ail payments except obligations on 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;
(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; arrf
(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; provided, however, that the foregoing limitation shall not apply to contracts with other public educational entities, including scITool systems in this state, for the education of students.

FRIDAY, MARCH 28, 1997

2079

(5) For each guaranteed energy savings contract, a school system shall document the Historical energy cost of each structure affected for a period of at least one year prior to the date of the contract and shall document the monthly energy cost and monthly en ergy savings of each affected structure for the life of the contract.
fb) (c) In addition to the provisions enumerated in subsection fa) (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 enumeratecTm subsection fjr) (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.
fd) (e) 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.
fe) (f) 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.
(ft (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.
fg) (h) Nothing in this Code section shall restrict school systems from executing reason able 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.
fi) (j) Any contract developed under this Code section shall comply with the applicable pro"vlsions 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.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Marable of the 52nd moved that the Senate agree to the House substitute to SB 301.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears

Bowen Broun of 46th

Brown of 26th Brush

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JOURNAL OF THE SENATE

Burton Cagle Cheeks Crotts Dean Fort Gillis Gochenour Griffin Guhl Henson Hooks Huggins

James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Perdue Price of 56th Ragan

Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Turner Tysinger

Those not voting were Senators:

Abernathy Blitch Clay Egan Glanton (excused)

Harbison Hill (excused) Madden (excused) Oliver (excused)

Price of 28th Thomas of 10th (excused) Thompson (excused) Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 301.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute to the following bill of the House:

HB 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.
The House has disagreed to the Senate substitute to the following bill of the House:

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.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

HB 490. By Representatives Royal of the 164th, Walker of the 141st and Reichert of the 126th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedure for imposing the special county 1 percent sales and use tax, so as to provide for additional notice requirements.

FRIDAY, MARCH 28, 1997

2081

The House has disagreed to the Senate amendment to the following bill of the House:

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.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

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.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

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.
Senator Cagle of the 49th moved that Senator Ray of the 48th be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Ray was excused.
The following resolution was taken up to consider House action thereto:

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.

The House amendments were as follows:
House Amendment #1 to amend SR 249 as follows:
On p. 2, line 39 after the word "shall" add the words "meet for up to 10 days and".
House Amendment #2 to amend SR 249 by striking line 37 of page 2 in its entirety and inserting in lieu thereof the following:
"public. The Secretary of State, the Attorney General, and the Office of Legislative Coun sel are authorized to provide the".
Senator Turner of the 8th moved that the Senate agree to the House amendments to SR 249.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Bowen

Broun of 46th Brown of 26th Brush

Burton Cagle Cheeks

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JOURNAL OF THE SENATE

Clay Crotts Dean Fort Gillis Gochenour Griffin Guhl Harbison Henson Hooks

Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Perdue

Those not voting were Senators:

Abernathy Blitch Egan Glanton (excused) Hill (excused)

Madden (excused) Oliver (excused) Price of 28th Ray (excused) Starr

Price of 56th Ragan Ralston Roberts Scott Stokes Streat Tanks! ey Taylor Thomas of 54th Turner
Thomas of 10th (excused) Thompson (excused' Tysinger Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SR 249.
The following bill was taken up to consider House action thereto:

SB 33. By Senator Boshears of the 6th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administration generally, so as to change certain provisions relating to purposes and principles: to change certain provisions relating to composition of classified and unclassified service.
The House substitute to SB 33 was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administration generally, so as to change certain duties and functions of the State Personnel Board; to change certain provisions regarding procedures for adverse action against certain employees; to change certain provisions regarding procedures for certain hearings and appeals; to provide for powers, duties, and authority of administrative law judges with respect to the foregoing; to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to access to certain child abuse and deprivation records, so as to provide for access in the event of cer tain findings by an administrative law judge; to amend Article 2 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to the Office of State Administrative Hear ings, so as to make such provisions applicable to certain additional hearings and proce dures; to provide for administrative transfer of certain personnel, equipment, and property; 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.
Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated relating to the merit system of personnel administration generally, is amended by striking paragraph (4) of subsection (b) of Code Section 45-20-3, relating to duties and functions of the State Per sonnel Board generally, and inserting in its place a new paragraph (4) to read ar. follows:
"(4) Where the board deems a review appropriate, to ensure that a review is afforded on dismissals, other adverse personnel actions defined by the rules and regulations of the

FRIDAY, MARCH 28, 1997

2083

State Personnel Board, and other purported violations of the rules and regulations in the several departments which are included in the civil service as well as in other matters under the board's jurisdiction with the provision that the Slate Personnel "Doaul is au-
tliuiiitd Lu appoint a homing ulliuei lui trie purpo&t; ul holding he^iiiiigft, Luiripilijiy t;vi-
utince, jo&uuij^ untictl uucibious, ttuuiinLLiiL^ evmtiiict: to the Ijtcttt: PersuiiTrel Board fui ils deleimhiatiori, 01 foi making investigations im'ttghTTrFtrrH'hTriioaid ielatfng~ttrpBr5omiel matters. All appeals determinations of the board shall be written and documented as to findings of fact, bases for decisions, and prescribed remedies;".
SECTION 2.
Said article is further amended by striking Code Section 45-20-8, relating to adverse action procedures, and inserting in its place a new Code Section 45-20-8 to read as follows:
"45-20-8.
(a) Permanent status employees may be dismissed from employment or otherwise ad versely affected as to compensation or employment status only if such action is taken in accordance with the rules and regulations of the State Personnel Board.
(b) This article is not intended to create a property interest in the job, but rather to create only a procedure under which permanent status employees can be dismissed or otherwise adversely affected. The procedure adopted for dismissing a permanent status employee from employment or otherwise adversely affecting his compensation or employment sta tus shall include, as a minimum, that the appointing authority must provide the perma nent status employee with reasons for the action and an opportunity to file an appeal and request a hearing which may be held before either the board or mie of its-hearing ofticeisan administrative law judge; provided, however, that the hearing may be held subseque~nt to the effective date of the dismissal or other purported adverse action; provided, further, that the right to appeal shall not apply when persons are dismissed or otherwise adversely affected as to compensation due to curtailment of funds or reduction in staff when such action is in accordance with the rules and regulations of the State Personnel Board.
(c) No adverse action appealed to the State Personnel Board under the rules and regula tions of the board, this article, or otherwise shall be considered invalid for failure to fol low or comply with the rules and regulations of the board, this article, or any other requirement unless it is shown that the individual against, whom the action has been taken has been substantially harmed by the procedural failure.
(d) The decision of the board on an appeal as to whether a dismissal or other adverse action was in accordance with the rules and regulations prescribed by the State Person nel Board shall be binding upon the appointing authority. The board may modify the action of the appointing authority but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the board shall not limit the rights of the employee or the department to judicial review as to errors of law and such decision shall be stayed pending other further appeal.
(e) As uiuvidud in subsection (b) of Code Section 45-20-3r-thf State Personnel Doaid is authorized to employ a healing ufficei ui hearing offiieis fot the puiposetrf-rtoldiug For purposes of this Code section and Code Section 45-20-9, administrative law judges ap pointed ~by thtTchlerstate administrativeTaw judge pursuant to Article 2 ofTThapter 13~oT Title 50~are authorized toTJoTcTriearings and otherwise crssrstmg assist. the~State Person nel Board in the resolution of appeals."
SECTION 3.
Said article is further amended by striking Code Section 45-20-9, relating to procedures for certain hearings and appeals, and inserting in its place a new Code Section 45-20-9 to read as follows:

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"45-20-9.
(a) Any laws to the contrary notwithstanding, all hearings on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations in the sev eral departments which are included in the career service shall be instituted by filing a written appeal with the State Personnel Board upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the board. The party appealing to the board and the department from whose action the appeal is taken shall be notified in writing within seven days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled.
(b) The State Personnel Board, any member of the board, or nay duly appointed healing officer an administrative law judge shall have the authority to do the following in connec tion with any hearing on a dismissal or other purported violation of the rules and regula tions in the several departments which are included in the career service: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the board's jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; and repri mand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the board or the healing officer administrative law judge.
(c) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the board or one of its heaiiug officeib an administrative law judge if it appears that the subpoena was used primarily as a means of harassment, that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced.
(d) With respect to all hearings before the board or the hearing officer administrative law judge:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The board shall give effect to the rules of privilege recognized by law. Objec tions to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in writ ten form;
(2) Documentary evidence may be received in the form of copies or excerpts if the origi nal is not readily available. Upon request and at the discretion of the heaiiug official administrative law judge or board, parties shall be given an opportunity to compare the copy with the original;
(3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts;
(4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the board's specialized knowledge. Par ties shall be notified either before or during the hearings by reference in preliminary reports or otherwise of the material officially noticed, including any staff memoranda or data; and they shall be afforded an opportunity to contest the material so noticed.

FRIDAY, MARCH 28, 1997

2085

The board's experience, technical competence, and specialized knowledge may be uti lized in the evaluation of the evidence.
(e)(l) With respect to hearings at which the board did not preside at the presentation of the evidence, the hearing ufflcei administrative law judge who presided shall issue an initial decision within 30 days from the close of the evidence or if necessary within a longer period of time as ordered by the board or the lieai ing ufficei administrative law judge. The initial decision shall be transmitted to the board, and copies shall be sent to the parties or their representatives. In the absence of an application for review from an adversely affected party to the board within 30 days from the date the initial deci sion was issued or in the absence of an order by the board within such time for review on its own motion, the decision shall become the decision of the board without further proceedings or notice; and any right of additional appeals shall be extinguished.
(2) On review of the entire record from the heaiiiig officei1 administrative law judge, the board shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the healing ufflcei administrative law judge and including the review of any action taken by the huaiing officer administrative law judge. Both parties shall have the right to present oral argu ments to the board. Any presentation to the board on the matter by an administrative law judge shall be made in the presence of the parties. No administrative law judge shall be present during the board's deliberations and voting on the application. At its discretion, the board may take additional testimony or remand the matter to trie hear ing ufflcr administrative law judge for such purpose.
(f) Unless precluded by law, informal disposition of any proceeding before the board or the heai ing ufficui administrative law judge may be made by stipulation, agreed settle ment, consent order, or default.
(g) As a part of the initial decision or order subsequent to any hearing, the hearing ufficei administrative law judge or the board shall include findings of fact and conclusions of law separately stated and the effective date of the decision or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the decision or order shall be mailed to all parties of record.
(h) Any party, including the state and any state board, bureau, commission, or depart ment, who has exhausted all administrative remedies available before the board and who is aggrieved by a final decision or order of the board on any hearing may seek judicial review of the final decision or order of the board in the superior court of the county of the place of employment of the employee.
(i) Proceedings for review shall be instituted by filing a petition with the court within 30 days after the decision or order is rendered. Copies of the petition shall be served upon the board 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 decision of the board, and the grounds upon which the petitioner contends the decision or order should be re versed or remanded. The petition may be amended with leave of court.
(j) Within 30 days after the service of the petition or within further time allowed by the court, the board shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding the record may be shortened. A party unreasonably refusing to stipu late to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
(k) The filing of the petition shall stay the enforcement of the board's decision or order.
(1) If before the date set for hearing the appeal by the superior court application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the board, the court may order that the additional

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JOURNAL OF THE SENATE

evidence be taken before the board upon conditions determined by the court. The board may modify its findings and decision or order by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions and orders with the reviewing court.
(m) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court may affirm the decision or order of the board or remand the case for further proceedings. The court may reverse the decision or order of the board if substantial rights of the petitioner have been prejudiced because the board's findings, inferences, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the board;
(3) Made upon unlawful procedure;
(4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(5) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwar ranted exercise of discretion.
(n) A party aggrieved by an order of the court in a proceeding authorized under this Code section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5."
SECTION 4.
Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to access to certain child abuse and deprivation records, is amended by striking paragraph (7) of subsection (a) and inserting in its place a new paragraph (7) to read as follows:
"(7) The State Personnel Board, by administrative subpoena, upon a finding by a Slate Pejsoimel Duaid administialive lieaiing ufflcei an administrative law judge appointed by the chief state administrative law judge pursuant to Article 2 of Chapter 13 of Title 50, that access to such records may be necessary for a determination of an issue involving 3epartmental personnel and that issue involves the conduct of such personnel in child related employment activities, provided that only those parts of the record relevant to the child related employment activities shall be disclosed. The name of any complainant or client shall not be identified or entered into the record;".
SECTION 5.
Article 2 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to the Office of State Administrative Hearings, is amended by striking Code Section 50-13-42, relating to applicability, and inserting in its place a new Code Section 50-13-42 to read as follows:
"50-13-42.
(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Public Service Commission, the Health Planning Review Board, or the Health Planning Agency or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit these agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis.
(b) This article shall apply to hearings conducted pursuant to Code Sections 45-20-8 and 45-20-9. The State Personnel Board may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will be come final without further action by the board and without expiration of the 30 day re view period otherwise provided for in subsection (e) of Code Section 50-13-41."

FRIDAY, MARCH 28, 1997

2087

SECTION 6.

Paid article is further amended by adding a new subsection at the end of Code Section 5013-44, relating to administrative transfer of certain persons to the Office of State Adminis trative Hearings, to be designated subsection (e) to read as follows:
"(e)(l) Any full-time hearing officer of the State Personnel Board used exclusively or prin cipally to conduct or preside over hearings for such board immediately prior to July 1, 1997, shall be administratively transferred to the Office of State Administrative Hear ings if such employee qualifies under Code Section 50-13-40. Any person serving imme diately prior to July 1, 1997, as an independent hearing officer under contract or written order of appointment shall be administratively transferred to the Office of State Admin istrative Hearings as of July 1, 1997, and shall continue as a special assistant adminis trative law judge. All full-time staff of the State Personnel Board who have exclusively or principally served as support staff for administrative hearings conducted by such hearing officers shall be administratively transferred to the Office of State Administra tive Hearings as of July 1, 1997. All equipment or other tangible property in possession of the State Personnel Board which is used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of State Administra tive Hearings as of July 1, 1997.
(2) Funding for functions and positions transferred to the Office of State Administra tive Hearings under this subsection shall be transferred as provided for in Code Sec tion 45-12-90."

SECTION 7.

This Act shall become effective on July 1, 1997.

SECTION 8.

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

Senator Boshears of the 6th moved that the Senate agree to the House substitute to SB 33.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Fort Gillis Gochenour

Griffin Guhl Harbison Henson Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Perdue

Price of 56th Ragan Ralston Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker

Voting in the negative was Senator Ray.

Those not voting were Senators:

Brush Cagle Egan Glanton (excused)

Hill (excused) James Land

Oliver (excused) Price of 28th Thompson (excused)

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JOURNAL OF THE SENATE

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 33.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL To be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to chiropractors, so as to provide for treatment and certain referrals and failure to make those referrals; to provide for statutory construction; 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 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by adding immediately following Code Section 43-9-12 a new Code section to read as follows:
"43-9-12.1.
The doctor of chiropractic must bring to the exercise of that person's profession a reason able degree of care and skill, which shall include the determination of the need for chiro practic care, as defined in paragraph (2) of Code Section 43-9-1, and shall render treatment, referral to the appropriate health care provider, or both treatment and refer ral commensurate with that chiropractor's findings. Any failure to refer to the appropri ate health care provider may subject the doctor of chiropractic to the provisions of Code Section 43-9-12. Nothing in this Code section shall be deemed to expand or limit the chiropractic scope of practice."

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 Boshears of the 6th moved that the Senate agree to the House substitute to SB 214.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle

Cheeks Clay Crotts Dean Fort Gillis Glanton Griffin Guhl

Harbison Henson Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land

FRIDAY, MARCH 28, 1997

2089

Langford Madden Marable Middleton Oliver Perdue Price of 56th

Ragan Ralston Ray Roberts Scott Stokes Streat

Those not voting were Senators:

Bowen Egan Gochenour

Hill (excused) Hooks Price of 28th

Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger
Starr Thompson (excused) Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 214.
Senator Starr of the 44th assumed the Chair.
The following bill was taken up to consider House action thereto:

SB 397. By Senator Boshears of the 6th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, as amended, so as to provide for a vacancy in the office of chairperson; to provide for additional compensation for the acting chairperson; to require the commis sioners to give bond conditioned on the faithful discharge of the duties of the county commissioners; to provide for the payment for such bonds.

The House amendment was as follows:
Amend SB 397 by striking from line 21 of page 2 the word "untitled" and inserting in lieu thereof the word "entitled".
Senator Boshears of the 6th moved that the Senate agree to the House amendment as amended by the following amendment:
Amend the House amendment to SB 397 by striking the period at the end of line 5 and inserting a comma and by adding immediately below line 5 the following:
"by striking from lines 25 through 28 on page 2 the following sentence:
'Any compensation that the chairperson may receive that is not provided for in this sec tion shall be subject to the approval of the board.',
and by striking from lines 5 through 9 on page 3 the following sentence:
'Any compensation that the members of the board other than the chairperson shall re cbeoiavred.w'"hich is not provided for in this section shall be subject to the approval of the

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

Those voting in the affirmative were Senators:

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

Egan Fort Gochenour Griffin Guhl Harbison Hill Huggins James Johnson of 2nd Johnson of 1st Lamutt

Land Langford Madden Marable Middleton Perdue Price of 56th Ragan Ralston Ray Roberts Stokes

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Streat Tanksley Taylor

Thomas of 54th Thomas of 10th

Turner Tysinger

Those not voting were Senators:

Bowen Brush Gillis Glanton Henson

Hooks Kemp Oliver Price of 28th

Scott Starr (presiding) Thompson (excused) Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 397, as amended by the Senate.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report was as follows:

The Committee of Conference on HB 426 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 426 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Harold J. Ragan llth District

/s/ Representative Henry L. Reaves 178th District

/s/ Senator Van Streat, Jr. 19th District

/s/ Representative Ann R. Purcell 147th District

/s/ Senator S. Guy Middleton 50th District

/s/ Representative Johnny Floyd 138th District

Committee of Conference Substitute to HB 426:

A BILL
To be entitled an Act 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 reg ulation of farmed deer; to provide for a statement of purpose; to provide for definitions; to provide for licenses; to provide for revocation of licenses and other enforcement matters and procedures; to require the keeping of records; to provide for the construction and mainte nance of facilities and standards relating thereto; to provide for the notification of the De partment of Natural Resources of certain events; to provide for health and transportation requirements; to provide for entry onto certain premises; to provide for exceptions; to pro vide for rules and regulations; to provide for duties of the Commissioner of Agriculture, the Department of Agriculture, the Board of Natural Resources, the commissioner of natural resources, and the Department of Natural Resources; to provide for injunctions; to provide for administrative enforcement and administrative penalties; to provide for practices and procedures; to prohibit the intentional release of farmed deer and the importing, transport ing, selling, transferring, or possessing of a farmed deer in such a manner as to cause its release or escape from captivity; to provide for penalties; to amend Title 27 of the Official

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Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to prohibit the hunting, shooting, killing, or wounding of farmed deer; to provide for excep tions; to provide for additional authority and powers of the commissioner of natural re sources, the Department of Natural Resources, and agents and employees thereof; to change the provisions relating to wild animal licenses; 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.
Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by strik ing Code Section 4-4-1.1, relating to the definition of the term "livestock," and inserting in lieu thereof the following:
"4-4-1.1.
As used in this chapter, the ternK
(1) 'livestock Livestock' means cattle, swine, equines, poultry, sheep, goats, ratites, nontraditional livestock, and ruminants.
(2) 'Nontraditional livestock' means the species of Artiodactyla (even-toed ungulates) listed as bison, water buffalo, farmed deer, llamas, and alpacas that are held and pos sessed legally and in a manner which is not in conflict with the provisions of Chapter 5 of Title 27 dealing with wild animals."
SECTION 2.
Said title is further amended by adding at the end of Chapter 4, relating to prevention and control of disease in livestock, a new Article 5 to read as follows:
"ARTICLE 5
4-4-170.
The purpose of this article is to provide for the production of farmed deer as an agricul tural operation and to provide for the importation, production, and control and eradica tion of disease in farmed deer. 4-4-171.
As used in this article, the term:
(1) 'Deer farming' means the agricultural operation of raising and production of farmed deer for the commercial production of food and fiber.
(2) 'Farmed deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), reindeer and caribou (Rangifer tarandus), and hybrids between these farmed deer species raised for the commercial sale of meat and other parts or for the sale of live animals. Those cervids which are indigenous to this state, including white-tailed deer, and those members of the order Artiodactyla which are considered to be inherently dangerous to human beings and are described in subparagraph (a)(l)(F) of Code Section 27-5-5 shall be classified as unac ceptable species and shall not be included within the definition of farmed deer. Deer that may be under the authority of Title 50, Part 23, Subpart c of the Code of Federal Regulations, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 27 U. ST. 108, TIAS 8249, must meet the requirements set forth in the federal Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. 4-4-172.
(a) No person shall possess, buy, import, or transport farmed deer or engage in or carry on the business of deer farming without first applying for and obtaining a deer-farming license from the Commissioner of Agriculture. A deer-farming license shall be valid from

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the date of issuance to March 31 of the following calendar year. A deer-farming license will not be issued by the Commissioner to any deer-farming operation which has not been inspected and approved by the Department of Natural Resources, provided that any facil ity expansion must be reapproved prior to renewal of a deer-farming license.
(b) The license of any deer farm operator violating this article or any rule or regulation adopted by the Commissioner pursuant to this article shall be subject to revocation, can cellation, or suspension following notice and hearing. A deer-farming license of any li censee whose facility does not meet the definition of an agricultural operation shall be revoked, and such license may be revoked if the licensee violates any provision of Title 27, relating to wild animals. Any farmed deer must be disposed of within 45 days of revocation of any deer-farming license.
(c) Deer farm operators shall maintain inventory records of their deer herds, including natural additions, purchased additions, sales, and deaths. Records shall be kept in ac cordance with specifications of the Commissioner and shall be subject to review by the Commissioner or a representative or employee of the department.
(d) Deer farm operators shall construct and maintain premises and facilities used in deer farming in accordance with rules established by the Commissioner and in accordance with subparagraph (A) of paragraph (1) of Code Section 27-5-6, provided that:
(1) The facility must be constructed of such material and of such strength as appropri ate for the animals involved;
(2) Housing facilities shall be structurally sound and shall be maintained in good re pair to protect and contain the animals;
(3) The facilities shall be designed in such manner, including the inclusion of barriers of sufficient dimensions and conformation, to safeguard both the animals and the pub lic against injury or the transmission of diseases by direct contact; and
(4) Any portion of such facility within which farmed deer are maintained shall be sur rounded by a fence with a minimum height of eight feet with the bottom six feet made of woven mesh and constructed of a design, strength, gauge, and mesh approved by the department, after consultation with the Department of Natural Resources, and which is sufficient to prevent escape of farmed deer and to prevent white-tailed deer from entering. Supplemental wire to attain a height of eight feet may be smooth, barbed, or woven wire of a gauge and mesh approved by the department with strands no more than six inches apart. All trees and other structures which pose a threat to the integ rity of the fencing shall be removed unless fencing is constructed so as to prevent the breach of the fence from the fall of a tree or structure.
(e) It shall be the duty of the Department of Agriculture to inspect an applicant's facili ties and to transmit a copy of any application for a deer-farming license to the Depart ment of Natural Resources. The Department of Natural Resources shall inspect the applicant's facilities and shall report to the Department of Agriculture within 30 days of receipt of the application. It also shall be the duty of the Department of Agriculture to transmit a copy of any license issued pursuant to this article to the Department of Natu ral Resources. It also shall be the duty of the Department of Agriculture to notify the Department of Natural Resources of the revocation, nonrenewal, cancellation, or lapse of any license issued pursuant to this article. All such notifications shall be made in writ ing and shall be made as promptly as possible, but in no event shall such notification be given more than 72 hours after the event giving rise to the requirement of notice.
(f) For purposes other than agricultural operations, farmed deer species must be held under a wild animal license pursuant to Chapter 5 of Title 27. Anyone holding, possess ing, importing, or transporting farmed deer without a deer-farming license or a wild animal license is in violation of Title 27.

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4-4-173.
Health and transportation requirements for any Artiodactyla (even-toed ungulates) must meet the health requirements established by rule or regulation of the Georgia Depart ment of Agriculture. Those animals specifically used for deer farming must meet the requirements of the Uniform Methods and Rules of the Code of Federal Regulations for Tuberculosis and Brucellosis in Cervidae.
4-4-174.
Any farmed deer or cervid which escapes from a licensed deer farm shall be subject to the jurisdiction of the Department of Natural Resources and may be treated as an escaped wild animal which is subject to the provisions of Chapter 5 of Title 27, except that, while such animal is roaming freely outside the enclosure of any licensed deer farm, the owner of such farmed deer or cervid shall have 48 hours from the time the escape is detected to recapture such animal and return it to the licensed deer farm. As a condition for main taining a deer-farming license, it shall be the duty of the owner or operator of a licensed deer farm to notify the Department of Natural Resources immediately upon discovery of the escape of a farmed deer. When such notice has been given, no legal hunter shall be held liable for killing or wounding an escaped deer.
4-4-175.
Deer farm operators shall allow the entry onto the deer farm of representatives of the Department of Agriculture, the Department of Natural Resources, or other departments or agencies having authority or duties involving farmed deer or wild animals to ensure compliance with applicable federal and state laws.
4-4-176.
The provisions of this article shall not apply to any facility at which any animal which would otherwise qualify as a farmed deer is intentionally commingled with any species which is classified as and subject to regulation as a wild animal under the provisions of Chapter 5 of Title 27.
4-4-177.
The Commissioner of Agriculture is authorized to promulgate rules and regulations as may be necessary to effectuate the purpose of this article. Such rules and regulations shall be promulgated after consultation with the Department of Natural Resources and shall be designed to ensure the health and safety of wildlife and prevent the spread of animal diseases between wildlife, wild animals, domestic animals, farmed deer, and peo ple. It shall be the duty of the Commissioner, the Department of Agriculture, the Board of Natural Resources, the commissioner of natural resources, and the Department of Natural Resources to communicate and consult on matters of mutual concern so as to ensure the health and safety of farmed deer, wildlife, wild animals, domestic animals, and people and to prevent, control, and eradicate animal diseases within this state.
4-4-178.
In addition to the remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this article or for failing or refusing to comply with the requirements of this article or any rule or regulation adopted by the Commissioner pursuant to this article. An injunction issued under this Code sec tion shall not require a bond.

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4-4-179.
(a) The Commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative order imposing a pen alty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hear ing, determines that any person has violated any provision of this article or any quarantines, orders, rules, or regulations promulgated pursuant to this article.
(b) The initial hearing and any administrative review thereof shall be conducted in ac cordance with the procedure for contested cases in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative reme dies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All penalties recovered by the Commissioner as provided for in this article shall be paid into the state treasury. The Commissioner may file in the supe rior court wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the country wherein the violation occurred a certified copy of a final order of the Commis sioner unappealed from or of a final order of the department affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the par ties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in an action duly heard and determined by said court. The penalty prescribed in this Code section shall be concurrent, alternative, or cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the Commissioner with respect to any violation of this article and any quarantines, or ders, rules, or regulations promulgated pursuant thereto.
4-4-180.
It shall be unlawful for any person intentionally to release a farmed deer from captivity or to import, transport, sell, transfer, or possess a farmed deer in such a manner as to cause its release or escape from captivity. If a person imports, transports, sells, trans fers, or possesses a farmed deer in such a manner as to pose a reasonable possibility that such farmed deer may be released accidentally or escape from captivity, the department may revoke the license of such person.
4-4-181.
Any person violating the provisions of this article shall be guilty of a misdemeanor."
SECTION 3.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new paragraph (27.1) to Code Section 27-1-2, relating to definitions, to read as follows:
"(27.1) 'Farmed deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), and reindeer and caribou (Rangifer tarandus), and hybrids between these farmed-deer species raised for the commercial sale of meat and other parts or for the sale of live animals."
SECTION 4.
Said title is further amended by striking subsection (a) of Code Section 27-5-4, relating to wild animal licenses and permits generally, in its entirety and inserting in lieu thereof the following:
"(a) Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any person to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal

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permit as provided in this Code section; provided, however, anyone holding a deer-farming license is not required to have a wild"animal license or permit to possess farmed deer. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, includ ing restrictions as to numbers and species of animals, as the department determines appropriate in light of the provisions of this chapter. An applicant for a wild animal license or permit shall have the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter."

SECTION 5.

Said title is further amended by striking paragraph (b) of Code Section 27-5-10, relating to disposal of wild animals recaptured after escape or seized, in its entirety and inserting in lieu thereof the following:
"(b) Notwithstanding any other provisions of this title, when a wild animal regulated by this chapter has escaped, the commissioner or the commissioner's designee may author ize the destruction of the wild animal by employees or agents if he detei mines it is deter mined that the wild animal poses a threat to the safety of human beings, threatens the well-being of wildlife populations, or if he determines it is determined that there is very little likelihood that the wild animal can be recaptureHT

SECTION 6.

Said title is further amended by adding a new Code Section 27-5-12 to read as follows:
"27-5-12.
It shall be unlawful to shoot, kill, or wound any wild animal held under a wild animal license or permit or any farmed deer for enjoyment, gain, amusement, or sport. This Code section does not prohibit:
(1) A licensed veterinarian from diagnosing, treating, or performing other duties within the standards of veterinary practice on a farmed deer;
(2) The slaughter of wild animals or farmed deer in compliance with the provisions of paragraph (16) of Code Section 27-5-6 and with the laws of this state relating to the slaughter of livestock; or
(3) The recapture or disposal of farmed deer which have escaped and which have be come classified as wild animals pursuant to Code Section 4-4-174 or the disposal of wild animals according to Code Section 27-5-10."

SECTION 7.

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 8.

All laws and parts of laws in conflict with this Act are repealed. Senator Ragan of the llth moved that the Senate adopt the Conference Committee
report on HB 426. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th

Brown of 26th Burton Cagle Cheeks Clay

Crotts Dean Egan Fort Gillis

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Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp

Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston

Those not voting were Senators:

Bowen Brush Glanton

Johnson of 2nd Price of 28th Scott

Ray Roberts Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger
Starr (presiding) Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 426.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 313 by striking lines 1 and 2 on page 1 in their entirety and inserting the following:
"To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to the magistrate courts,".
By adding on line 3 of page 1 between the word "as" and the word "to" the following:
"to provide that nothing in Chapter 10 of this title shall be construed to prohibit an em ployee of any corporation or other legal entity from representing the corporation or legal entity before the magistrate court;".
By striking lines 10 and 11 on page 1 in their entirety and inserting the following:
"Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to the magis trate courts, is amended by adding at the end of Code Section 15-10-43, relating to state ment of claim and service of process in the magistrate courts, a new subsection (i) to read as follows:
'(i) Nothing in this chapter shall be construed to prohibit an employee of any corpora tion or other legal entity from representing the corporation or legal entity before the magistrate court.'
SECTION 2.
Said chapter is further".
By renumbering Sections 2 and 3 at the bottom of page 1 as Sections 3 and 4, respectively.
Senator Griffin of the 25th moved that the Senate agree to the House amendment to SB 313.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis

Gochenour Griffin Guhl 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 Ralston Ray Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Glanton Harbison

Hooks Ragan

Roberts Starr (presiding)

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 313.
The following bill was taken up to consider the Conference Committee report thereto:

SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and Bowen of the 13th:

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 definition of the term "criminal offense against a victim who is a minor" to in clude federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions.

The Conference Committee report was as follows:

The Committee of Conference on SB 105 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 105 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Senator Mark Taylor 12th District
/s/ Senator Rooney L. Bowen 13th District
/a/ Senator Robert Brown 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Representative William J. Lee 94th District
/s/ Representative William C. Randall 127th District
/s/ Representative Jimmy Skipper 137th District

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Committee of Conference substitute to SB 105:
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 change the defini tion of the term "criminal offense against a victim who is a minor" to include federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions; to change the definition of the term "sexually violent offense"; to require registration for a conviction for any offense which under the laws of this state would require registration; to require those who no longer are considered sexually violent predators to continue to register for a certain period of time; to provide that if a person who is required to register changes his or her address, the person shall be required to furnish such new address to the Georgia Bureau of Investigation not later than ten days after the change of address; to require certain persons changing residence from another state to Georgia to comply with the registration requirements of this state and to require the Georgia Bureau of Investigation to obtain any needed information concerning the regis trant; to provide that the Georgia Bureau of Investigation or any sheriff maintaining records of sexually violent predators or certain other convicted persons shall release rele vant information that is necessary to protect the public; 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 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, is amended by striking subsections (a), (b), and (i) and in serting in lieu thereof new subsections (a), (b), and (i) to read as follows:
"(a) As used in this Code section, the term:
(1) 'Appropriate state official' means:
(A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system, the sentencing court;
(B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subse quently released from prison or placed on probation, the commissioner of corrections or his or her designee; and
(C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee.
(2) 'Board' means the Sexual Offender Registration Review Board.
(3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section.
(4)(A) 'Criminal offense against a victim who is a minor' means any criminal offense under Title 16 of this Code that or any offense under federal law or the laws of an other state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent;
(ii) False imprisonment of a minor, except by a parent;
(iii) Criminal sexual conduct toward a minor;
(iv) Solicitation of a minor to engage in sexual conduct;

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(v) Use of a minor in a sexual performance;
(vi) Solicitation of a minor to practice prostitution; or
(vii) Any conduct that by its nature is a sexual offense against a minor.
(B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger.
(5) 'Mental abnormality' means a congenital or acquired condition of a person that af fects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the per son a menace to the health and safety of other persons.
(6) 'Predatory' means an act directed at a stranger or a person with whom a relation ship has been established or promoted for the primary purpose of victimization.
(7) 'Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 166-4, relating to aggravated child molestation; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court or court of another state or territory for a feluny any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph.
(8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any fu ture predatory sexually violent offenses.
(b)(l)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Georgia Bureau of Investigation for the time period specified in paragraph (1) of subsection (g) of this Code section.
(ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Georgia Bureau of Investigation for the time period specified in paragraph (1) of subsection (g) of this Code section.
(B) A person who is a sexually violent predator shall register the information required under subparagraph (A) of this paragraph with the Georgia Bureau of Investigation until such requirement is terminated under paragraph (2) of subsection (g) of this Code section.
(2)(A) A determination that a person is a sexually violent predator and a determination that a person is no longer a sexually violent predator shall be made by the sentencing court after receiving a report by the Sexual Offender Registration Review Board.
(B) The Sexual Offender Registration Review Board shall be composed of three profes sionals licensed under Title 43 uf this Cude and knowledgeable in the field of the be havior and treatment of sexual offenders. The members of such board shall be appointed by the commissioner of human resources for terms of four years with initial terms commencing September 1, 1996. After the initial terms specified in this subpar agraph, members of the board shall take office on the first day of September immedi ately following the expired term of that office and shall serve for a term of four years

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and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense al lowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21.
(C) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disor der that would make the person likely to engage in a predatory sexually violent of fense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Regis tration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the court's request to respond with its report. Within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be com municated in writing to the appropriate state official and to the Georgia Bureau of Investigation.
(D) An offender who has been determined to be a sexually violent predator and who is required to register under this Code section may make application to the board to have such registration requirements terminated on the grounds that such person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. Such an application may be made by the offender and heard by the board only after the offender has been released on parole or probation or from incarceration for a period of three years and not more than once every two years thereafter. If the board determines that such offender should no longer be classified as a sexually violent predator, such information shall be forwarded to the sentencing court, where a final decision on the matter shall be ren dered. If the court concurs with the board's recommendation, such information shall be forwarded to the Georgia Bureau of Investigation and the registration requirements of subparagraph (B) of paragraph (1) of this subsection Cude secliuii shall no longer apply to such offender; provided, however, that an individual who is no longer deemed a sexually violent predator shall be required to register under subparagraph (A) of paragraph (1) of this subsection for the time period specified in paragraph (1) of subsec tion (g) of this Code section. If such a determination is not made by the court to termi nate the registration requirements, the offender shall be required to continue to comply with the registration requirements of subparagraph (B) of paragraph (1) of this Code secliun subsection.
(3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state offi cial shall:
(i) Inform the person of the duty to register and obtain the information required under subparagraph (b)(l)(A) (A) of paragraph (1) of this subsection for such registration;
(ii) Inform the person that, if the person changes residence address, the person shall give the new address to the slieiiff with whom the person last registered Georgia Bureau of Investigation not later than ten days after the change of address;
(iii) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheiiff with whom the peisuu last iegii>Ujied Georgia Bureau of Investigation, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days

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after establishing residence in the new state if the new state has a registration requirement;
(iv) Obtain fingerprints and a photograph of the person if such fingerprints and pho tograph have not already been obtained in connection with the offense that triggered the initial registration; and
(v) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained.
(B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center.
(C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data, changes of residence, employment or other pertinent data, and to assist in offender identification.
(D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state or territory or who has been convicted of an offense in another state or territory which would require registration under this Code section if committed in this state shall con> ply with the registration requirements of this Code section. Such person shall register the new address with the designated law enforcement agency with whom the person last registered, and the person shall register with the Georgia Bureau of Investigation not later than ten days after the date of establishing residency in this state. The Georgia Bureau of Investigation shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that resulted in the initial registration requirement. In addition, the Georgia Bureau of Investigation shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section."
"(i) The information collected under the state registration program shall be treated as private data except that:
(1) Such information may be disclosed to law enforcement agencies for law enforcement purposes;
(2) Such information may be disclosed to government agencies conducting confidential background checks;
(3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section is authuiized to shall release relevant information collected under this Code section that is necessary to protect the public concerning a specific person those persons required to register under this Code section, except that the iden tity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the pub lic, nothing herein shall prevent any sheriff from posting this information in any public building; and
(4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may

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request the assistance of the Georgia Bureau of Investigation upon his or her discretion."

SECTION 2.

Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall be come effective on July 1, 1997.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th moved that the Senate adopt the Conference Committee report on SB 105.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th 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 Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy

Scott

Starr (presiding)

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 105,
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 through an alternative form of regulation; to provide for the allocation of certain revenues;

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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 marketers 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 and other requirements for a gas company which makes such an election; to provide for continued rate and other regulation of firm distribu tion service offered by an electing distribution company; to provide for deregulation of cer tain natural gas services upon certain findings by the Public Service Commission; to provide for review and approval of capacity supply plans; to provide for the issuance of temporary emergency directives under certain circumstances; to establish certain obliga tions of an electing distribution company; to establish standards of conduct for an electing distribution company; to provide for regulation by the Public Service Commission of mar keters of certain natural gas services and for the application of certain laws to such mar keters; 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 Compe tition 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 by performance based regulation without regard to methods based strictly upon cost of service, rate base, and rate of return. Performance based regulation may include without limitation one or more of the following features: 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 modifications, 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:

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(1) Is designed to and is likely to produce lower prices for consumers of natural gas in Georgia;
(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.

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(1)(l) Neither the provisions of this Code section nor the provisions of Article 5 of Chap ter 4 of this title shall prohibit a gas company from releasing interstate pipeline capac ity 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 inter state transportation 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:
(A) 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 retail customers;
(B) 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 retail customers; and
(C) 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 mar keters 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 company to firm retail 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 re covered by the gas company through such transactions shall be credited to the gas costs payable by retail customers of the gas company.
(2) Where a universal service fund has been created by the commission pursuant to Code Section 46-4-161 for a gas company which is an electing distribution company, as defined in paragraph (10) of Code Section 46-4-152, the shares that are to be credited to the costs of gas sold to firm retail customers under subparagraphs (A), (B), and (C) of paragraph (1) of this subsection shall be allocated to such fund, and the costs recovered through a transaction described in subparagraph (C) of this subsection shall be allo cated to such company.
(3) Any gas company which engages in a transaction of a type described in paragraph (1) of this subsection, 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 retail 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

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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 granted party status pursuant to Code Section 46-2-59, as well as the gas company sub j1e1ctotfoTtihtlee p9aTr--ti--c--ul--a--r --pr--oc--e--ed--i--ng--, --sh--a--ll--h--a--ve----al--l --di--sc--o--ve--ry----rig--h--ts----av--a--il--ab--le----un--d--e--r --C--ha--p--te--r
(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 sectionTTS 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 natural gas service;
(4) Deregulate those components of the natural gas industry subject to actual competition;
(5) Continue to regulate those natural gas services subject to monopoly power;
(6) Promote an orderly and expeditious transition of the natural gas industry toward fully developed competition;
(7) Provide for rate-making methods which the General Assembly finds appropriate for the provision of natural gas services, including without limitation the use of straight fixed variable rate design, the recovery of certain stranded costs, and the use of alter native forms of rate regulation; and
(8) Allow gas companies the opportunity to compete effectively in a competitive marketplace.

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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.
(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 distribution group who are not under contract for distribution service from a marketer are randomly assigned to certificated 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 distri bution of gas to a particular set of retail customers.
(9) 'Distribution service' means the delivery of natural gas by and through the intrastate instrumentalities and facilities of a gas company or of a marketer certificated 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 or ancillary services incident thereto.
(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 or 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.

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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:
(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) 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.
(c)(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 rates approved by the commission pursuant to Code Section 46-4-154 for an electing distribution company, the commission shall not approve or disapprove any complete application for a certifi cate of authority covering territory certificated to such electing distribution company which application is filed prior to such expiration date, and all applications for certifi cates of authority filed prior to such expiration date shall be considered by the commis sion 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.
(d) 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 or has failed willfully 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.

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(e) 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 finds that the marketer or anyone acting in con cert with the marketer has such a history, that any information on the application 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 implement 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, subject to the provisions of subsection (b) of this Code section;
(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) If the commission determines that inefficiencies in the rate design or other causes in existence immediately preceding the implementation of the straight fixed variable rate design will result in a material fluctuation of rates for firm distribution service to a group of retail customers upon implementation of straight fixed variable rate design, the com mission may make such adjustments to the rates for firm distribution service as it deems appropriate to phase in the straight fixed variable rate design for firm distribution service:
(1) Over a 12 month period from the date the rates filed by the electing distribution company would otherwise be effective if such material fluctuation will be less than 10 percent of the total gas charges for a group of retail customers; or
(2) Over a 24 month period from the date the rates filed by the electing distribution company would otherwise be effective if such material fluctuation will be equal to or greater than 10 percent of the total gas charges for a group of retail customers.
However, in no event shall any such adjustment be made if the adjustment results in cross-subsidization between retail customers receiving firm distribution service and re tail customers receiving interruptible distribution service or if the adjustment reduces the revenues to the electing distribution company for firm distribution service below those that would be recovered by the electing distribution company under the straight fixed variable rate without such adjustment.
(c) In any proceeding before the commission to establish rates as provided 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 the subsection (a) of this

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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 for that electing distri bution company pursuant to Code Section 46-4-161. Each electing distribution company is authorized to retain 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 distribution company which retains 10 percent of such revenues shall make a report to the commission annually describing the benefits resulting to firm retail customers from interruptible distribution service revenues.
(d) 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 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.
(e) 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 service 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 which 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

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(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 base 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 which 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.
(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 reasonably 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 services 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 customers and marketers, subject to the rules, regulations, and general terms and conditions of the electing distribution company as approved by the commission;
(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 provided, further, that the rates for such commodity sales service 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 marketer which is an affiliate of the electing distribution company, have been granted certifi cates of authority to serve in the delivery group.

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(e)(l) As used in this subsection, the term 'interstate capacity assets' means interstate transportation and out-of-state gas storage capacity.
(2) If, pursuant to the provisions of this article, the rates for commodity sales service of an electing distribution company within a delivery group or groups become no longer subject to the approval of the commission nor to the provisions of Code Section 46-226.5, the electing distribution company nevertheless shall continue to be responsible for acquiring and contracting for the interstate capacity assets necessary for gas to be made available on its system, whether directly or by assignment to marketers, for firm distribution service to retail customers within such delivery group or groups.
(3) At least every third year following the date when the rates for commodity sales service within a delivery group or groups become no longer subject to commission ap proval nor to the provisions of Code Section 46-2-26.5, the electing distribution com pany shall file, on or before August 1 of such year, a capacity supply plan which designates the array of available interstate capacity assets selected by the electing distribution company for the purpose of making gas available on its system for firm distribution service to retail customers in such delivery group or groups.
(4) Not less than ten days after any such filing by an electing distribution company, the commission shall conduct a public hearing on the filing. The electing distribution com pany's testimony shall be under oath and shall, with any corrections thereto, constitute the electing distribution company's affirmative case. At any hearing conducted pursu ant to this subsection, the burden of proof to show that the proposed capacity supply plan is appropriate shall be upon the electing distribution company.
(5) Following such a hearing, the commission shall issue an order approving the capac ity supply plan filed by the electing distribution company or adopting a capacity supply plan for the electing distribution company that the commission deems appropriate. Should the commission fail or refuse to issue an order by the forty-fifth day after the electing distribution company's filing which either approves the capacity supply plan filed by the electing distribution company or adopts a different capacity supply plan for the electing distribution company, the capacity supply plan proposed by the electing distribution company shall thereupon be deemed approved by operation of law.
(6) Any capacity supply plan approved or adopted by the commission shall:
(A) Specify the range of the requirements to be supplied by interstate capacity assets;
(B) Describe the array of interstate capacity assets selected by the electing distribu tion company to meet such requirements;
(C) Describe the criteria of the electing distribution company for entering into con tracts under such array of interstate capacity assets from time to time to meet such requirements; provided, however, that a capacity supply plan approved or adopted by the commission shall not prescribe the individual contracts to be executed by the electing distribution company in order to implement such plan; and
(D) Specify the portion of the interstate capacity assets which must be retained and utilized by the electing distribution company in order to manage and operate its system.
(7) When interstate capacity assets that are contained in a capacity supply plan ap proved or adopted by the commission are allocated by the electing distribution com pany to a marketer pursuant to the provisions of this article, all of the costs of the interstate capacity assets thus allocated shall be borne by such marketer.
(8) The provisions of law relating to parties, intervention, and discovery in proceedings before the commission shall apply with respect to proceedings under this subsection.
(9) All commission orders issued pursuant to this subsection shall contain the commis sion's findings of fact and conclusions of law upon which the commission's action is

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based. Any such order shall be deemed a final order subject to judicial review under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(10) Prior to the approval or adoption of a capacity supply plan pursuant to this subsec tion, the interstate capacity assets of the electing distribution company in the most current gas supply plan of such company approved or adopted by the commission pur suant to the provisions of Code Section 46-2-26.5 shall be treated as a capacity supply plan that is approved or adopted by the commission for purposes of this subsection.
(11) After a capacity supply plan has become effective pursuant to provisions of this subsection as a result of a proceeding before the commission, the commission shall retain jurisdiction of the proceeding for the purposes set forth in this subsection. Upon application of the affected electing distribution company or the consumers' utility coun sel division of the Governor's Office of Consumer Affairs or upon its own initiative, the commission may, after affording due notice and opportunity for hearing to the affected electing distribution company and the intervenors in the proceeding, amend the capac ity supply plan of the affected electing distribution company. Any such amendment shall not adversely affect rights under any contract entered into pursuant to such plan without the consent of the parties to such contracts. If an amendment proceeding is initiated by the affected electing distribution company and the commission fails or re fuses to issue an order by the forty-fifth day after the electing distribution company's filing, the amended capacity supply plan proposed by the electing distribution company shall thereupon be deemed approved by operation of law.
(12) After an electing distribution company has no obligation to provide commodity sales service to retail customers pursuant to the provisions of Code Section 46-4-156 and upon the petition of any interested person and after notice and opportunity for hearing afforded to the electing distribution company, all parties to the most current proceeding establishing a capacity supply plan for such electing distribution company, the consumers' utility counsel division of the Governor's Office of Consumer Affairs, and all marketers who have been issued a certificate of authority pursuant to Code Section 46-4-153, the commission may issue an order eliminating the responsibility of the electing distribution company for acquiring and contracting for interstate capacity assets necessary for gas to be made available on its system as well as the obligation of such electing distribution company to file any further capacity supply plans with the commission pursuant to the provisions of this subsection, if the commission determines that:
(A) Marketers can and will secure adequate and reliable interstate capacity assets necessary to make gas available on the system of the electing distribution company for service to firm retail customers;
(B) Adequate, reliable, and economical interstate capacity assets will not be diverted from use for service to retail customers in Georgia:
(C) There is a competitive, highly flexible, and reasonably accessible market for in terstate capacity assets for service to retail customers in Georgia;
(D) Elimination of such responsibility on the part of the electing distribution com pany would not adversely affect competition for natural gas service to retail custom ers in Georgia; and
(E) Elimination of such responsibility on the part of the electing distribution com pany is otherwise in the public interest.
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 distribution service from a marketer. This methodology shall further provide that the percentage of

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such firm retail customers assigned to a given marketer shall be based upon the percent age 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
(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 (c) 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

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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.
(fid) 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.
(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 subparagraphs (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 or the expiration of any time period prescribed by this article may result in an adverse impact upon the overall effective implementation of this article, upon the emergence of effective competition, or upon the public interest, it may petition the commission to ex tend such deadline or period for a time certain. If the commission finds that strict en forcement of any deadline or time period prescribed by this article may result in an adverse impact upon the overall effective implementation of this article, upon the emer gence of effective competition, or upon the public interest, it may extend such deadline or period for any period of time 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 charged by an electing distribution company to residential customers for

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commodity sales services, which prices have not been approved by the commission pur suant to Code Section 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 provide for recovery of all costs reasonably incurred by the electing distribution company in complying 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 provisions of this Code section shall not apply to a delivery group for which customer assignment occurred more than four 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 an allocation of such distribution service to marketers separately from any commodity sales service or other service;
(2) Provide such allocation of such distribution service to marketers without undue discrimination or preference, including undue discrimination or preference in the qual ity of service provided, the duration of service, the categories, prices, or volumes of natural gas to be distributed, customer classification, or other 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 allocates 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.

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(2) 'Electing distribution company' includes any agent of or consultant to the electing distribution company.
(3) 'Marketer' means any person who engages 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 which is an affiliate of the electing distribution com pany, 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 the distribution of gas in the same manner to all marketers and to all customers without respect to their supplier;
(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 or the administration of contracts, including scheduling, nomination, balanc ing, metering, storage, standby service, curtailment policy, and billing and invoice questions 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 allocation, as signment, release, or other transfer of the electing distribution company's capacity rights on interstate pipeline systems or in the sale of gas;
(7) Neither the electing distribution company nor any marketer which 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

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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 natural gas to customers or identified 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 information 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 parties regarding general information including the company's terms and condi tions, tariff provisions, location and description of facilities, or other similar informa tion as required in the normal course of business by responding only to the requesting party;
(11) An electing distribution company may not knowingly disclose to any marketer any confidential information obtained in connection with providing distribution or related services 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 without limitation 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; or
(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 from 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:

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(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 distribution service and for commodity sales.
(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 compen sation. The price at which a marketer sells gas shall not be fixed by the commission.
(d) 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.
(e) 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.
(f) The provisions of Article 3 of Chapter 2 of this title shall apply to an investigation or hearing regarding a marketer. The provisions of Articles 4 and 5 of Chapter 2 of this title shall apply to a marketer.
(g) The provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' 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:
(1) Assuring that gas is available for sale by marketers to firm retail 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 retail customers; and
(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) Rate 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;

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(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 retail customers in such manner as the commission shall deem equitable. The balance at fiscal year end, whether positive or negative, after such refund, if any, shall become 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 deposited in a separate, interest-bearing escrow account maintained by the electing distribution company at any state or federally chartered bank, trust company, or savings and loan association located in this state. Upon applica tion to the commission, the commission shall order the distribution of an appropriate portion of such moneys on a quarterly basis and in accordance with the provisions of this Code section. Interest earned on moneys in the fund shall accrue to the benefit of the fund.
(f) 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:
(1) 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 in dexes, 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 re turn to the marketer;
(2) Whether the marketer pursued reasonable diligence in seeking to recover the uncollectable accounts; and
(3) The reduction to the total amount of the uncollectable accounts appropriate to as sure that marketers pursue reasonable diligence in their collection efforts.
(g)(l) In determining whether to grant the application of an electing distribution com pany for a distribution from the fund in whole or in part, the commission shall consider:
(A) The capital budget of the electing distribution company for the relevant fiscal year;
(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, the estimated revenues to the electing distribution company during the first five fiscal years following the initial ser vice date, and the estimated rate of return to the electing distribution company pro duced by such revenues during each such fiscal year;
(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; and
(E) Whether the proposed new facility is in the public interest.
(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 capital budget of such company for such fiscal year.
(3) Any investment in new facilities financed from the universal service fund shall be accounted for as a contribution in aid of construction.
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

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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.
Senator Perdue of the 18th moved that the Senate agree to the House substitute to SB 215.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour

Griffin Guhl Harbison Henson 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 Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Egan Hill

Hooks Langford

Starr (presiding) Thomas of 10th

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On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 215.
The following resolution was taken up to consider House action thereto:
SR 214. By Senator Middleton of the 50th:
A resolution designating the Lovell-Wikle Scenic Highway.
The House substitute was as follows:
A RESOLUTION
Designating the Lovell-Wikle Scenic Highway; honoring Lauren "Bubba" McDonald and designating the Commerce By-Pass as the "Lauren 'Bubba' McDonald Parkway" and designating the Woodstock Centennial Interchange; and for other purposes.
PARTI
WHEREAS, William Arthur Wikle was a native and lifelong resident of the Batesville com munity of Habersham County, Georgia, where he and his wife, Lela Smith Wikle, raised their five children; and
WHEREAS, he was a prominent merchant and cattleman who especially valued good roads and used his political influence to successfully obtain paved roads for his community; and
WHEREAS, Virgil L. Lovell, Sr., was born in the northeast Georgia mountains and estab lished his home in the Batesville community of Habersham County, Georgia, where he and his wife, Lillie, raised their ten children, Black Angus cattle, chickens, and corn; and
WHEREAS, when the State of Georgia implemented plans in the late 1950's and early 1960's to build a highway from Batesville to Robertstown, Virgil Lovell and Arthur Wikle were the two largest landowners along the proposed route in Habersham County; and
WHEREAS, both of them generously donated the necessary rights of way through their properties to enable the highway to be built; and
WHEREAS, December 6, 1997, marks the 100 year anniversary of the City of Woodstock; and WHEREAS, area merchants, churches, schools, civic groups, and residents of Woodstock, Cherokee County, and around the beautiful State of Georgia, will join us throughout 1997 to celebrate the history of Woodstock; and
WHEREAS, to commemorate the 100 year anniversary of the City of Woodstock, Exit 4 at the intersection of the Phil Landrum Highway, also known as Interstate 575 and State Highway 92 should be designated as "Woodstock Centennial Interchange."
PART II
WHEREAS, Lauren "Bubba" McDonald has long been a leader in his community and in this state, working to improve the way of life of all citizens; and
WHEREAS, as a respected and universally liked leader of the Georgia House of Represent atives, he sponsored numerous bills designed to improve education, health care, human services, and equal opportunity in Georgia; he worked to strengthen law enforcement and the court system to reduce crime; he fought to protect the environment and ecology; and he sponsored a resolution creating the Small Business Development Center at the University of Georgia which has been used as a model nationwide; and
WHEREAS, as chairman of the House Appropriations Committee from 1983 through 1990, he applied his experience as a small businessman who must make a weekly payroll to state appropriations, ensuring that the state's money was wisely spent and emphasizing ac countability and fiscal responsibility; and WHEREAS, a community leader, he has put in countless hours performing volunteer work; he is a member of the 1972 charter class of Leadership Georgia; he has been Chief of the

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Commerce Volunteer Fire Department; he was elected in December, 1990, as president of Georgians for Better Transportation; he serves on committees at the University of Georgia and Georgia Institute of Technology, and he serves on the Board of Governors at Mercer Medical School.

PART III

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 this body commends Lauren "Bubba" McDonald for his many accomplishments and achievements and for his service to his community and state.
BE IT FURTHER RESOLVED that the section of Highway 441 that bypasses the City of Commerce, Georgia, known as the "Commerce By-Pass," is designated as the "Lauren 'Bubba' McDonald Parkway."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the parkway and the Woodstock Centennial Interchange.
BE IT FURTHER RESOLVED that the following described interchange is designated the Woodstock Centennial Interchange: Exit 4 at the intersection of the Phil Landrum High way, also known as Interstate 575 and State Highway 92.
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., and an appro priate copy of this resolution to Lauren "Bubba" McDonald.
Senator Middleton of the 50th moved that the Senate agree to the House substitute to SR 214.
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 Clay Crotts Dean Fort Gillis Glanton

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

Oliver Price of 56th Ragan Ralston Ray Roberts Scott Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Egan Hooks

Langford Perdue Price of 28th

Starr (presiding) Streat Thomas of 10th

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On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 214.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 282 by inserting on line 2 on page 2 immediately following the word "conduct" the following:
"or acts of civil disobedience".
Senator Clay of the 37th moved that the Senate agree to the House amendment to SB 282.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Gillis Glanton Gochenour Griffin Guhl Harbison Hill Huggins James Johnson of 2nd Kemp Lamutt Land Madden Marable Oliver

Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Henson Hooks Johnson of 1st

Langford Middleton Perdue

Starr (presiding) Streat Thomas of 10th

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 282.
The President resumed the Chair.
The following bill was taken up to consider the Conference Committee report thereto:

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

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authorized under certain conditions; to provide immunity from disciplinary ac tions.

The Conference Committee report was as follows:

The Committee of Conference on SB 341 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 341 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Eric Johnson Senator, 1st District

/s/ E.M. Childers Representative, 13th District

/s/ David Ralston Senator, 51st District

/s/ Earl L. O'Neal Representative, 75th District

/s/ Edwin A. Gochenour Senator, 27th District

/s/ Tommy Smith Representative, 169th District

Committee of Conference 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 actions relating to unprofessional practice or conduct; 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 for any illness or disease which is potentially life threatening or chronically disabling by a person licensed to practice medicine under this article with any experimental or nonconventional medi cal 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 administered as directed, poses an unreasonable and significant risk of danger to such individual; 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 discloses the facts regarding the nature of the treatment, specifically including that the

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treatment offered is experimental or nonconventional, that the drug or medical device has not been approved by the Food and Drug Administration for any indication, as well as the material risks generally recognized by reasonably prudent physicians of such treatment's side effects.
(d) The treatment of patients in compliance with this Code section by a person licensed to practice medicine under this article shall not by itself constitute unprofessional practice or conduct."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Gochenour of the 27th moved that the Senate adopt the Conference Commit tee report on SB 341.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis
Glanton

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

Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Scott Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Hooks Johnson of 1st

Roberts Stokes

Thomas of 10th Walker

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 341.
The President and Senator Scott of the 36th introduced Norris Smith, commended by SR 453, adopted previously.
Senator Perdue of the 18th assumed the Chair.
The following bill was taken up to consider House action thereto:

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

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alternative dispute resolution programs; to provide for immunity for members of such boards and other personnel acting in a policy making capacity.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 23 of Title 15 of the Official Code of Georgia Anno tated, 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 person nel acting in a policy making capacity; to change provisions relating to the surety bonds of secretary-treasurers of such boards; to authorize such boards to create nonprofit corpora tions for administering alternative dispute resolution programs and soliciting funding; to provide for appointment of trustees or directors of such nonprofit corporations and for max imum terms; to change the amount of additional costs to be collected in civil actions for alternative dispute resolution programs; to extend such fees to certain courts with the same jurisdiction and powers as state magistrate courts; to require approval of the board member representing the affected court to increase the fee beyond a specified amount; to limit the frequency of changes in such fees; to provide for the use of juvenile court supervi sion fees; to provide for audits and examinations by certified public accountants; to provide criteria for screening of cases; 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 23 of Title 15 of the Official Code of Georgia Annotated, relating to court-annexed alternative dispute resolution, is amended by striking in its entirety Code Section 15-23-1, relating to a short title, and inserting in its place the following:
"15-23-1.
This chapter shall be known and may be cited as the 'Georgia Gumt-amiexed Courtconnected Alternative Dispute Resolution Act.' "
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 15-23-3, relating to the board of trustees of a county fund for the administration of alternative dispute resolu tion programs, and inserting in its place the following:
"15-23-3.
(a) There is created in each county in this state a board to be known as the Board of Trustees of the ____ County Fund for the Administration of Alternative Dispute Reso lution Programs. The board shall consist of:
(1) the The chiefjudge of the superior court of the circuit in which the county is located, or the superior court judge with the longest service if there is no chief judge, or a supe rior court judge designated by the chief judge or the judge with the longest service;
(2) lliu henioi The chiefjudge of the state court, if any, or the state court judge with the longest service if there is no chief judge, or a state court judge designated by the chief judge or the judge with the longest service;
(3) The the judge of the probate court;;
(4) The presiding judge of the juvenile court, if any, or a juvenile court judge desig nated by that judge;

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(5) The the chief magistrate or a magistrate designated by the chief magistrate;;
(6) The the clerk of the superior court;; and
(7) One one practicing attorney appointed by other members of the board.
(b) The chief judge of the superior court judge on the board shall serve as chairperson of tEe board. The member who is the practicing attorney shall serve at the pleasure of the other members of the board. All members shall serve without compensation. A majority of the members of the board shall constitute a quorum for the transaction of all business that may come before the board.
(c) A member who represents a court which does not participate in the alternative dis pute resolution program and against whose litigants the additional costs authorized by this chapter are not assessed may attend all meetings but will be a nonvoting member of the board. The presence of such a member shall not be counted in determining the con stitution of a quorum!
(d) Members of any board of trustees of any county fund and other personnel acting in a policy-making capacity shall be immune from any action arising from any act, statement, decision, or omission relating to the implementation of the purposes of this chapter un less the act, statement, decision, or omission is"
(1) Grossly negligent and made with malice; or
(2) In willful disregard of the safety or property of any party to the alternative dispute process.
SECTION 3.
Said chapter is further amended by striking in its entirety Code Section 15-23-5, relating to surety bonds for secretary-treasurers of boards, and inserting in its place the following:
"15-23-5.
The secretary-treasurer of the board shall give a good and sufficient surety bond, payable to the comity, fund in such an amount as may be determined by the board, to account faithfully for all funds received and disbursed by him or her. The premium on the bond shall be paid out of the fund in such county. A secretary-treasurer who is designated by a combined board of several counties as provided by Code Section 15-23-12 may satisfy the bonding requirement with one bond. If the secretary-treasurer is already bonded by vir tue of being a state employee, such a bond as a state employee will satisfy the bonding requirement."
SECTION 4.
Said chapter is further amended by striking in their entirety Code Section 15-23-6, relating to powers and duties of boards, Code Section 15-23-7, relating to collection of additional costs in civil actions for providing court-annexed or court-referred alternative dispute reso lution programs, and Code Section 15-23-8, relating to deposit, expenditure, and invest ment of funds, and inserting in lieu thereof the following:
"15-23-6.
(a) The board is given the following powers and duties:
(1) To provide for the collection of all money provided for in this chapter;
(2) To manage, control, and direct such fund and the expenditures made therefrom;
(3) To distribute the moneys coming into the fund in such manner and subject to such terms and limitations as the board, in its discretion, shall determine will best meet the purpose of this chapter in promoting the alternative resolution of disputes and the efficient administration of justice;

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(4) To contract for the investment, pooling, and expenditure of funds;
(5) To adopt such rules and regulations as may be necessary to manage such fund and provide for such programs;
(6) To keep records of all its meetings and proceedings; and
(7) To exercise all other powers necessary for the proper administration of the funding mechanism provided for in this chapter.
(b) In addition to the powers and duties listed in subsection (a) of this Code section, the board is authorized in its discretion to create a nonprofit corporation for the purpose of administering an alternative dispute resolution program and soliciting funding for sucE a program from any lawful source. The trustees or directors of any such nonprofit corpo ration shall be appointed by the board for terms not to exceed three yearsT
15-23-7.
(a) For the purposes of providing cuuit-aimextid court-connected or court-referred alter native dispute resolution programs, a sum not to exceed $fr60 $7.50, in addition to all other legal costs, may be charged and collected in each civil action or case filed in the superior, state, probate, and magistrate courts and other courts within the county that have the same powers and jurisdiction as state or magistrate courts; and
(b) A case, within the meaning of this Code section, shall mean and be construed as any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned, whether such matter is contested or not.
(c) The amount, if any, to be collected in each case, if any, shall be fixed, aud may fium time to time be changed, in an amount not to exceed $5.00 the applicable amount set out in subsection (a) of this Code section by the chief judge of the superior court or, if there be is no chief judge, by the superior court judge with the longest service, who shall, after advising and notifying the chairperson of the county governing authority, order the clerk to collect said fees and remit them to the treasurer of the county fund for the administra tion of alternative dispute resolution programs. Such additional custs No such additional costs shall not be charged and collected unless the chief judge of the superior court or such chief judge's designee, or if there is no chief judge, the superior court judge with the longest service or such judge's designee first determines that a need exists for an alterna tive dispute resolution program in one or more of the courts within the county. The chief judge of the superior court or the designee of the chief judge or, if there is no chief judge, the superior court judge with the longest service or the designee of such judge may pro pose, as to a given court, the collection of an amount exceeding $7.00, but in no event to exceed the applicable amount set out in subsection (a) of this Code section; provided, however, that approval of the board member representing the affected court is necessary before imposition upon litigants of that court of costs authorized by this chapter exceed ing $7.00.
(d) The clerk of each and every such court in such counties shall collect such fees and remit the same to the treasurer of the board of the county in which the case was brought, on the first day of each month. No change in the amount collected pursuant to this Code section may be made within a period of 12 months from the date of a previous change""
(e) Juvenile court supervision fees collected pursuant to Code Section 15-11-56.1 may be used for mediation services provided by court programs pursuant to this chapter.
15-23-8.
(a) The board shall have control of the funds provided for in this chapter. All funds re ceived shall be deposited in a special account to be known as the ____ County Fund for the Administration of Alternative Dispute Resolution Programs. The board shall have authority to expend the funds in accordance with this chapter and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this state.

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(b) Boards shall comply with and be subject to the audit requirements of Code Section 3681-7.

SECTION 5.

Said chapter is further amended hy striking in its entirety Code Section 15-23-10, relating to determination of need as prerequisite to establishing a program, and inserting in lieu thereof the following:
"15-23-10.

No alternative dispute resolution program shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such program in that court. The funding mechanism set forth in this chapter shall be avail able to any court which, having determined that a court-annexed or court-referred alter native dispute resolution program would make a positive contribution to the ends of justice in that court, has developed a program meeting the standards of the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs. Pursuant to the standards set forth in the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolutions Programs, the funding mechanism set forth in this chapter shall be available to court programs in which cases are screened by the judge or by the program director under the supervision of the judge on a case-by-case basis to determine whether:
(1) The case is appropriate for the process;
(2) The parties are able to compensate the neutral if compensation is required; and
(3) A need for emergency relief makes referral inappropriate until the request for relief is heard by the court."

SECTION 6.

This Act shall become effective on January 1, 1998.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 133.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Griffin Guhl

Harbison Huggins Johnson of 2nd Johnson of 1st Lamutt Land Madden Marable Middleton Oliver Price of 28th

Ragan Ralston Ray Roberts Scott Starr Tanksley Thomas of 54th Thomas of 10th Turner Tysinger

Voting in the negative was Senator Price of the 56th.

Those not voting were Senators:

Abernathy Balfour Blitch Boshears

Bowen Brown of 26th Egan Glanton

Gochenour Henson Hill (excused) Hooks

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James Kemp Langfbrd

Perdue (presiding) Stokes Streat

Taylor Thompson (excused) Walker

On the motion, the yeas were 34, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 133.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 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 for regulations; to provide for applicability of certain laws; 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 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' means any entity that provides health insurance to employers in this state. For the purposes of this chapter, carrier includes an insurance company, hospi tal 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 insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, or health maintenance organization subscriber contract. Health benefit plan does not in clude policies issued in accordance with Chapter 31 of this title; disability income poli cies; policies issued in accordance with Code Section 34-9-14 or 34-9-122.1; limited

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accident and sickness insurance policies such as credit, dental, vision, medicare sup plement, long-term care, hospital indemnity, or specified disease insurance; coverage issued as a supplement to liability insurance; workers' compensation or similar insur ance; or automobile 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. For purposes of Chapter 30 of this title, a health plan purchasing cooperative shall be considered as a true group and not as an association.
(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 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 continuation coverage administration and purchasing services for limited accident and sickness insurance coverages such as dental, vision, and long-term care; 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 services 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.
(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

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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.
(e) Nothing in this chapter shall be deemed to permit a health plan purchasing coopera tive to act as an insurer as defined in Code Section 33-1-2, as an agent as defined in Code Section 33-23-1, or as a third-party administrator as defined in Article 2 of Chapter 23 of this title or to receive administrative fees allowed under paragraph (7) of subsection (b) of Code Section 33-23-1.
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.
(e) Except as required in subsection (b) of this Code section, no health plan purchasing cooperative may serve an area larger than five counties.
(f) No health plan purchasing cooperative or group of affiliated health plan purchasing cooperatives may serve more than one geographic area, nor may officers, directors, or employees of a health plan purchasing cooperative serve as officers, directors, or employ ees of another health plan purchasing cooperative.
(g) A geographic area may include one or more contiguous counties in an adjoining state.
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 eligi ble small employer which agrees to pay the membership fee and a premium for cover age 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 coopera tive any otherwise eligible employer which does not qualify as a small employer be cause 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 coopera tive any otherwise eligible employer which does not qualify as a small employer be cause it is an individual or sole proprietor. If a purchasing cooperative chooses to accept such employers, the purchasing cooperative may not discriminate in the accept ance process based upon health status.
(5) A purchasing cooperative and its contracted carriers shall comply with the small group health insurance rating requirements provided for in Code Section 33-30-12.

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(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 cover age 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 re quirements, bylaws, rules, or policies, financial or otherwise, which have the effect of excluding or including membership on the basis of health status of otherwise eligible individuals or other risk characteristics, including, but not limited to, industry type, occupation, experience, age, gender, family composition, education, avocation, or in come; nor shall a purchasing cooperative require any small employer, employee, selfemployed individual, or dependent to subscribe to limited accident and sickness insur ance 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 coopera tive members, including information on price, enrollee costs, quality, patient satisfac tion, enrollment, 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 require ments. A purchasing 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 services 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;
(6) Developing and implementing a marketing plan to publicize the cooperative to po tential 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 shall not be prohibited from filing grievances directly with the department;
(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) Assisting agents or employees in enrolling eligible members, employees, and de pendents in selected health benefit plans and other insurance and services, establish ing procedures for collecting premiums, collecting premiums, appropriately

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distributing collected premiums to participating carriers, and paying third-party con tractors. The cooperative shall pay participating carriers their contracting premium amounts on a prepaid monthly basis or as otherwise mutually agreed upon; and
(12) Working with participating carriers to establish standard criteria for selecting participating licensed 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 ade quate security and prudence in account, premium collection, and the handling and transfer of moneys and evidence of compliance with the provisions of this chapter, in cluding a description of the specific services provided by the purchasing cooperative.
(e) Each purchasing cooperative shall maintain a trust account or accounts for the de posit 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) Any act of selling health benefit plans or other insurance shall be in accordance with Chapter 23 of this title.
33-30A-5.
The department shall assist health plan purchasing cooperatives. To this end, the de partment is responsible for:
(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 members. Such plans may include without limitation fee-for-service plans, preferred provider organizations, health maintenance organizations, provider sponsored health care corporation plans, and medical savings accounts;
(4) Receiving and reviewing appeals by members of a cooperative and carriers whose grievances were not resolved by the cooperative; and
(5) Providing annually to the House Committee on Insurance and the Senate Insur ance and Labor Committee a detailed status report on the effect and administration of this chapter.
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)(l) Each cooperative shall make available to its members marketing materials pre pared by or for the cooperative that accurately summarize the health benefit plans and

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other insurance and services that are offered through it to members, including descrip tions and standardized comparisons of each plan or service and information on price, benefits, and measures of performance such as medical outcomes and consumer satis faction. A purchasing cooperative shall disseminate such descriptive and comparative information to all members of the cooperative.
(2) Such marketing materials and measures of performance shall be filed with and approved by the Commissioner prior to the use or dissemination of such materials or measures of performance.
(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 mem ber 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 individual 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 provisions 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 financ ing, 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 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 advisory group to assist its board of directors in deliberations. Such advisory group may include 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 cooperative, a nonprofit corporation shall, directly or through a contractor which pro vides administrative services to the corporation, file with the Commissioner a corporate surety bond in an amount deemed adequate by the Commissioner to provide for adminis tration 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 coopera tive. Such bond shall be for protection against insolvency; or against malfeasance, in cluding fraud or theft of funds. The bond shall be conditioned as follows:

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(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.
(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 uninterrupted coverage for a six-month period in the event of the purchasing coopera tive's insolvency, subject to timely payment of premiums due.
(d) Examinations, rehabilitation, receivership, orders, and administrative supervision of health plan purchasing cooperatives shall be in accordance with this title.
33-30A-9.
The Commissioner shall issue regulations in accordance with Code Section 33-2-9 for the administration of this chapter.
33-30A-10.
Fees collected by the Commissioner under this chapter shall be as authorized under Chapter 8 of this title.
33-30A-11.
Health plan purchasing cooperatives shall be subject to the provisions of Chapter 6 of this title."
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 Madden of the 47th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House Substitute to SB 93 by striking all matter on lines 22 through 26 of page 4 and inserting in lieu thereof the following:
"defined in Code Section 33-1-2 or as an agent as defined in Code Section 33-23-1."
By striking all matter on lines 7 through 15 of page 5 and inserting in lieu thereof the following:
"(e) Except as provided elsewhere in this Code section, nothing in this chapter shall re strict the geographic area served by a purchasing cooperative having less than 100,000 enrolled member subscribers. For purposes of this subsection, the purchasing coopera tive shall report to the Commissioner, in a manner prescribed by the Commissioner, the number of member subscribers enrolled in the purchasing cooperative on an annual ba sis. For purchasing cooperatives having greater than 100,000 enrolled member subscrib ers, the purchasing cooperative shall demonstrate annually, to the satisfaction of the Commissioner, that permission to continue to enroll additional member subscribers will not have an adverse effect on the availability of private health benefit plan coverage offered outside the purchasing cooperative in all or part of the purchasing cooperative's geographic service area. Failure to provide satisfactory evidence shall result in the sus pension of the purchasing cooperative's authority to enroll additional member subscrib ers in all or part of the purchasing cooperative's geographic service area, until such time as the Commissioner shall conclude that the requirements of this subsection have been satisfied.

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(f) Officers, directors, or employees of a health plan purchasing cooperative shall not serve as officers, directors, or employees of another health plan purchasing cooperative."
On the motion, 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 Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Griffin

Guhl Harbison Henson Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Price of 28th

Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Taylor Thomas of 54th Thomas of 10th Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Blitch Boshears Egan Glanton

Gochenour Hill (excused) Hooks James Langford Oliver (excused)

Perdue (presiding) Street Tanksley Thompson (excused) Walker

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 93 as amended by the Senate.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 adminis trative 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 subsections (c), (f), and (g) of Code Section 49-4-146.1, relating to unlawful acts and penalties, and inserting in lieu thereof the following:

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"(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.l)(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 col lected on the same terms as a penalty imposed pursuant to subsection (d) of this Code lection, except as to the amount specified in paragraphs (1) and (2) of that subsection, but shall not be imposed cumulatively with a penalty under such subsection?
(2) Abuse is defined as a provider knowingly obtaining or attempting to obtain medical assistance or other benefits or payments under this article to which the provider knows he or she is not entitled 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 assistance, benefits, or payments directly or indirectly result in unnecessary costs to the medical assistance program?'
"(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, sus pend 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 cuiiviutud uf:
(1) Convicted of violating paragraph (1) or (2) of Cummittiiig 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?; or
(3) Excluded or suspended from participation in the medicare program for fraud or 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 and the piugiam involved 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."
SECTION 2.
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 remedial 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 oiraiiy mallei with inspect tu which a heaiiiig is lequbljTed shall be rendered in writing by a repiebbuldtive uf Lhe Lumuiibbiuuui uf medical assistance the administrative law judge assigned to hear the

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matter. Should a decision be adverse to a party and should a party desire to appeal tEat decision, the party must file a request in writing to the commissioner or the com missioner's designated representative within 30 days of his or her receipt of the hear ing decision. The commissioner, 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 sEall include findings of fact and conclusions of law, separately stated, and the effective elate 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 decisions in contested cases, which file shall be open for public inspection except those expressly 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 adminis-
tlic iiiml administrative; deCiSiun ul tlie uuimiii&oiuiiei ui medium arioiolciuut; unless tiic
uuiiiiiiiDsiuiit;!, witliiii live uuSiiicBO litiy B dltei tlit: leuuiiiiiiciiCliiCiGll, i ciiitiiiLls tlit; uctat?
iui lui Hid lniiliiigk? ui icvciscs ui inuuilit;c> tlie ieuuiiiiiiciitlti tiun LiUti tu tlit; misci^j^jliuci-
tiun ui Iciw ui pulley tu tlic im;ts iuund uy lilo icuiesciilative.
(2) A provider of medical assistance aggiieved by an action uf the Department uf Medi-
ual r\asi&Lcliiue Wltli leo^jeut tu ct ilcniiil ul ui llic Lleteiiiimcitiuii ul Llic iiliiuuiit ul uievliucil
assistance paid un a certain item uf medical or remedial care ui beivice rendeied by such piuvide-i shall be entitled to a hearing upon his, lequest theiefui ill wilting in accordance with Code Sections 50-13-13 and 50-13-15. A decision shall be rendered in writing by an administrative law judge assigned to hear the matter. The administra tive law judge shall be appointed by the Office of State Administrative Hearings. A decision shall be lerideied in wilting by the tuuuuissiuiiei uf medical assistance ui his jepiestiiitaUve. Should such a decision be adverse to the provider a party and should he a party desire to appeal that decision, he a 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 piuvldui the party. The commissioner may affirm, modify, or reverse the decision ap pealed 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 Assist ance 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, permit, 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 entitlement to a hearing before the Department of Medical Assistance, pursuant to this paragraph, lies, the Department of Medical Assistance shall give writ ten 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 Depart ment of Medical Assistance for denial or termination. Should such a person or institu tion 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 com menced 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.

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(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 Superior 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 peti tion shall state the nature of the petitioner's interest, the facts showing that the peti tioner is aggrieved by the decision, and any grounds upon which the petitioner contends that the decision should be reversed 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 50-1319; provided, however, that no other provision of Chapter 13 of Title 50 shall be applica ble to the department with the exception of Code Sections 50-13-17 and 50-13-19 50-1313 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 commissioner to be suffi cient to recompense the state for all medical assistance which otherwise 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 inter val of time in which the stay is in effect."

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 Middleton of the 50th moved that the Senate agree to the House substitute to SB 304.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Gochenour

Guhl Harbison Henson Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Price of 28th Price of 56th

Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Blitch

Egan Glanton Griffin

Hill (excused) Hooks James

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Langford Oliver (excused)

Perdue (presiding) Streat

Thompson (excused) Walker

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 304.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 provide for legislative findings; to authorize agencies to grant variances and waivers from compliance with cer tain rules under restricted circumstances; to provide for procedures; to provide for excep tions; to provide for review; 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 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 regulated person or entity which costs could be reduced 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 proce dure 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, technological, 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.

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(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 (h), 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 specific 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. A regis ter of all pending requests for variances and waivers and all approved variances and waivers shall be maintained by the department granting the waiver or variance and shall be updated upon each grant of waiver or variance and be made available, upon request, to members of the public. The register and each entry on the register shall be posted on the GeorgiaNet. Any member of the public, including interested parties, shall have the opportunity to submit written comments concerning proposed variances or waivers prior to the approval of a variance or waiver pursuant to this Code section.
(d) Except as provided in subsection (h), 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 of substantial hardship which 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 a showing that such alternative standards will afford adequate protection for the public health, safety, and welfare; and
(4) The reason why the variance or waiver requested would serve the purpose of the underlying statute.
(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 no earlier than 15 days after the posting of the petition on the register and no more than 60 days after the receipt of the petition. The agency's decision to grant or deny the petition shall be in writing and shall contain a statement of the relevant facts and the reasons supporting the agency's action.
(f) The agency's decision to deny a petition for variance or waiver shall be subject to judicial review in accordance with Code Section 50-13-19. The validity of any variance or waiver which is granted by an agency may be determined in an action for declaratory judgment in accordance with Code Section 50-13-10.
(g) Nothing in this Code section shall authorize an agency to grant variances or waivers to any statutes or to the agency itself or any other agency. This Code section does not supersede and is cumulative of any other variance or waiver provisions in other statutes or rules.
(h) This Code section shall not apply, and no variance or waiver shall be sought or au thorized, when:
(1) Any agency rule or regulation has been adopted or promulgated in order to imple ment 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;
(3) Any rule or regulation is promulgated or adopted by the State Board of Pardons and Paroles regarding clemency considerations and actions;

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(4) Any rule or regulation is promulgated or adopted by the State Health Planning Agency;
(5) Any rule or regulation is promulgated or adopted by the Department of Agriculture;
(6) Any rules, regulations, standards, or procedures are adopted or promulgated by the Department of Natural Resources for the protection of the natural resources, environ ment, or vital areas of this state; or
(7) The granting of a waiver or variance would be harmful to the public health, safety, or welfare.
(i) All waivers granted pursuant to this Act shall be reported to the General Assembly within the first ten days of the next session. Such information shall contain the name, address and telephone number of the person or corporation obtaining such waiver; the name, address and telephone number of any representative or attorney who represented such person or corporation requesting the waiver; and a description of the waiver granted including a detail of the variance from any rule or regulation."

SECTION 3.

Said article is further amended in Code Section 50-13-10, relating to declaratory judgment or validity of rules, by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The validity of any rule, waiver or variance may be determined in an action for declaratory judgment when it is alleged that the rule, waiver, or variance or its threatened application interferes with or impairs the legal rights of the petitioner. A declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the legulatiou rule, waiver, or variance in question.
(b) The agency shall be made a party to the action and a copy of the petition shall be served on the Attorney General. The action shall be brought 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 Superior 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. All actions for declaratory judgment, however, with respect to any rule, waiver, or variance of the Public Service Commission must be brought in the Superior Court of Fulton County."

SECTION 4.

Notwithstanding the provisions of Code Section 1-3-4.1, 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 Taylor of the 12th moved that the Senate agree to the House substitute to SB 81.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay

Crotts Dean Gillis Guhl Harbison Henson Hooks Huggins

James Johnson of 2nd Johnson of 1st Kemp Lamutt Marable Middleton Ragan

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Roberts Scott Starr

Taylor Thomas of 54th Thomas of 10th

Those voting in the negative were Senators:

Boshears Cagle Fort Gochenour

Land Price of 28th Price of 56th

Those not voting were Senators:

Abernathy Balfour Egan Glanton Griffin

Hill (excused) Langford Madden Oliver (excused)

Turner Tysinger Walker
Ralston Ray Tanksley
Perdue (presiding) Stokes Streat Thompson (excused)

On the motion, the yeas were 33, nays 10; the motion prevailed, and the Senate agreed to the House substitute to SB 81.
The following bill was taken up to consider the Conference Committee report thereto:

HB 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:

A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County.

The Conference Committee report was as follows:

The Committee of Conference on HB 1016 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1016 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Don Cheeks Senator, 23rd District

/s/ Benjamin Alien Representative, 117th District

/s/ Charles W. Walker Senator, 22nd District

/s/ Robin L. Williams Representative, 114th District

/s/ B. Joseph Brush Senator, 24th District

/s/ Henry L. Howard Representative, 118th District

Committee of Conference Substitute to HB 1016:

A BILL
To be entitled an Act to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to create a second division of the State Court of Richmond County; to pro vide for the judges of the second division and for their qualifications, selection, duties, re sponsibilities, and compensation; to provide for assignment of matters to the second division; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by designating the existing text of the Act as "Part I" of the Act and by adding thereafter a new Part II to read as follows:
"PART II
SECTION 2-1.
There is created a second division of the State Court of Richmond County. The second division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provi sions of this part.
SECTION 2-2.
(a)(l) In addition to all other judges of the state court, there shall be one judge of the second division who shall be known as an associate judge of the State Court of Richmond County. The qualifications and election of the associate judge shall be as provided by general law. (2) Except as otherwise provided in this section, said associate judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judge of the State Court of Richmond County under the provision of this Act and the general law applicable to said present judge. (b) The initial associate judge shall be appointed by the Governor for an initial term beginning on July 1, 1997, and expiring on December 31, 1998, and upon the election and qualification of a successor.
SECTION 2-3.
(a) The associate judge shall receive the same compensation as the present judge of the State Court of Richmond County payable in equal monthly installments from the funds of Augusta-Richmond County, Georgia. The associate judge is designated as a full-time judge and may not engage in the private practice of law. (b) Any salary supplement heretofore enacted by Augusta-Richmond County, Georgia, shall also be applicable to the associate judge.
SECTION 2-4.
The judge of the State Court of Richmond County who has served the longest period of time in office as judge of said court shall be the chief judge of the State Court of Richmond County.
SECTION 2-5.
(a) The chief judge of the State Court of Richmond County may order that any or all of the following matters shall be automatically assigned to the second division of the court:
(1) All cases involving violations of the traffic laws of the State of Georgia; (2) The hearing of applications for and the issuance of arrest and search warrants; (3) The holding of courts of inquiry; and (4) Any other matters within the jurisdiction of the court. (b) The provisions of this section shall not limit the power of the associate judge to hear and decide any matter within the jurisdiction of the court; but the associate judge shall

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hear and decide only such matters as are assigned to the second division by order of the chief judge.
(c) This section shall not limit the power of the associate judge to punish contempts in the same manner as any other judge of state court.
(d) The chief judge shall receive additional compensation for performing the handling of the administration and operation of the State Court of Richmond County.

SECTION 2-6.

Such chief judge shall be responsible further for the administration and the expeditious disposition of the business of the state court, both civil and criminal, and shall have power to make such rules as the chief judge shall deem necessary or proper for such purpose but which are not in conflict with the general laws of this state. Such rules, when approved by the chief judge and filed in the office of the clerk of the State Court of Richmond County, shall be binding upon the other judge or judges of said court. The chief judge shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. Such chief judge may by pub lished rule, or from time to time by order, allocate the jurisdiction and powers of the state court of said county and the duties of the judges thereof; may assign to the other judge or judges of said court such business of said court as the chiefjudge shall deem appropriate; may require reports from the clerk of the court and from any judge of said court relative to business of the court; and generally shall supervise and direct the disposition of all business, both civil and criminal, of said court.

SECTION 2-7.

The associate judge shall take an oath to faithfully administer and discharge the duties of his or her office in accordance with the Constitution and laws of the State of Georgia, which oath may be administered by any officer authorized under the laws of this state to administer oaths."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. Senator Cheeks of the 23rd moved that the Senate adopt the Conference Committee
report on HB 1016.
On the motion, 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 Gillis Gochenour

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 Ralston Ray Roberts Scott Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

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Those not voting were Senators:

Abernathy Balfour Fort Glanton

Griffin Langford Perdue (presiding) Ragan

Starr Stokes Streat Taylor

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1016.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 573 by striking in its entirety line 14 of page 1 and inserting in lieu thereof the following:
"annually; to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less; to provide for related matters; to provide an".
By adding after line 27 of page 7 the following:

"SECTION 2.

Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, is amended by striking subparagraph (a)(3)(G) and inserting in lieu thereof the following:
'(G) Until December 30, 1990 31, 1997, the provisions of subparagraph (C) of this para graph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner on December 31, 1395 1996.' "
By renumbering existing Sections 2 and 3 as Sections 3 and 4, respectively.
Senator Roberts of the 30th moved that the Senate agree to the House amendment to the Senate substitute to HB 573.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Brown of 26th Brush Burton Cagle Cheeks Clay Crotts

Dean Egan Fort Gillis Gochenour Guhl Harbison Henson Hill Hooks Huggins

James Johnson of 2nd Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th

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Ragan Ralston Ray Roberts Scott

Stair Streat Tanksley Taylor Thomas of 54th

Thomas of 10th Thompson Turner Walker

Voting in the negative were Senators Johnson of the 1st and Tysinger.

Those not voting were Senators:

Balfour Broun of 46th Glanton

Griffin Langford

Perdue (presiding) Stokes

On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 573.
Senator Fort of the 39th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 34, nays 1; the motion prevailed, and Senator Stokes was excused.
Senator Blitch of the 7th moved that Senator Burton of the 5th be excused. On the motion, the yeas were 37, nays 1; the motion prevailed, and Senator Burton was excused.
Senator Land of the 16th moved that Senator Crotts of the 17th be excused. On the motion, the yeas were 30, nays 1; the motion prevailed, and Senator Crotts was excused.
The following resolution was taken up to consider House action thereto:

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 House substitute was as follows:
A RESOLUTION
Authorizing the granting of nonexclusive easements for the operation and maintenance of an access road and water, gas, 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, Newton, Sumter, Troup, and Baldwin counties, Georgia; to repeal con flicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Newton, Sumter, Troup, and Baldwin 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 Covington, Newton County; the City of Americus, Sumter County; Georgia Power Company; and Baldwin County desire to operate and maintain an access road and water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, this access road and 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 De partment of Technical and Adult Education, Department of Public Safety, Department of Natural Resources, Department of Corrections, and Department of Human Resources with respect to property under the jurisdiction of their respective departments.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That the State of Georgia is the owner of there hereinafter described real property in Clarke County, hereinafter referred to as the "easement area" and that, in all matters re lating to the easement area, the State of Georgia is acting by and through its State Proper ties 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

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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.
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.

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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.
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

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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 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

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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
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 interest 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

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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 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 IV
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.

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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.
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.

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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.
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 McDuffie 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.

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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 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.

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ARTICLE VI
SECTION 61.
That the State of Georgia is the owner of the hereinafter described real property in Newton 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 Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical service lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of construct ing, installing, maintaining, repairing, replacing, inspecting and operating electrical ser vice 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 Newton County Satellite Center to DeKalb Technical In stitute in Newton County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in yellow on a drawing dated July 30, 1996, prepared by B. Strozier entitled "DeKalb Tech. Avenue of Champions off Alcovy Road", 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 elec trical service lines and equipment.
SECTION 64.
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 service lines and equipment.
SECTION 65.
That, after Georgia Power Company has put into use the electrical service lines and equip ment 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 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 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.

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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 Georgia Power Company 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 approved 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 68.
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 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 Newton 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 Georgia Power Company 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 Newton 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.

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SECTION 74.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Covington, Newton County, or its successors and assigns, a nonexclu sive easement for the construction, operation, and maintenance of natural gas service lines 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 natu ral gas service lines, 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 Newton County Satellite Center of the DeKalb Techni cal Institute in Newton County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown marked in green on a drawing dated April 1, 1996, prepared by Robert E. Roden, Georgia Professional Engineer No. 6821 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, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas service lines.
SECTION 76.
That the City of Covington, Newton 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 natural gas service lines.
SECTION 77.
That, after the City of Covington, Newton County, has put into use the natural gas service lines 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 Covington, Newton 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 78.
That no title shall be conveyed to the City of Covington, Newton County, and, except as herein specifically granted to the City of Covington, Newton 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 Covington, Newton County.
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 the City of Covington, Newton County, shall remove or relocate its facilities to the alternate easement

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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 Covington, Newton 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 80.
That the easement granted to the City of Covington, Newton 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 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 Newton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 83.
The the authorization in this resolution to grant the above-described easement to the City of Covington, Newton County, 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 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 86.
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 of Georgia as may be reasonably necessary to accomplish the aforesaid

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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 87.
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 88.
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 89.
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 90.
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.
SECTION 91.
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.

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SECTION 92.
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 93.
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 94.
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 95.
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 96.
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 IX
SECTION 97.
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.
SECTION 98.
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.

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SECTION 99.
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 100.
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 101.
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 102.
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 103.
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 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 104.
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.

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SECTION 105.
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 106.
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 107.
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 108.
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 X
SECTION 109.
That the State of Georgia is the owner of the hereinafter described real property in Baldwin 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 110.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Baldwin County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an access road in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating an access road together with the right of ingress and egress over adjacent land of the State of Georgia as may be reason ably 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 "Right of way required on Lewis Court dated January 4, 1997" and prepared by Baldwin 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 Sur veyor and presented to the State Properties Commission for approval.
SECTION 111.
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 access road.
SECTION 112.
That Baldwin 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 access road.

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SECTION 113.
That, after Baldwin County has put into use the access road 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, Baldwin County, 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 114.
That no title shall be conveyed to Baldwin County, and, except as herein specifically granted to Baldwin 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 Baldwin County.
SECTION 115.
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 Baldwin 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 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 Baldwin County. Upon written request, the State Properties Commission, in its role 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 116.
That the easement granted to Baldwin 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 117.
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 118.
That this grant of easement 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.

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SECTION 119.
That the authorization in this resolution to grant the above-described easement to Baldwin County shall expire three years after the date that this resolution becomes effective.
SECTION 120.
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 XI

SECTION 121.

That all laws and parts of laws in conflict with this resolution are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SR 164.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush 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

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:

Balfour Burton (excused)

Crotts (excused) Perdue (presiding)

Stokes (excused) Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 164.
The President resumed the Chair.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:

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A BILL
To be entitled an Act to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, so as to pro vide for warrantless arrests in cases involving abuse of a vulnerable adult; to define the term vulnerable adult; to provide for education of officers about elder abuse and abuse of vulnerable adults; 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 construction of the "Disabled Adults and Elder Persons Protection Act," relative to employment of a disabled adult or elder per son; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, is amended by striking Code Section 17-4-20, relating to arrests with and without a warrant, the use of deadly force, and related policies, and inserting in lieu thereof a new Code section to read as follows:
"17-4-20.
(a) An arrest for a crime may be made by a law enforcement officer either under a war rant or without a warrant if the offense is committed in his such officer's presence or within his such officer's immediate knowledge; if the offender is endeavoring to escape; if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; if the officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person eighteen years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant.
(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.
(c) Nothing in this Code section shall be construed so as to restrict the use of deadly force by employees of state and county correctional institutions, jails, and other places of law ful confinement or by peace officers of any agency in the State of Georgia when reason ably necessary to prevent escapes or apprehend escapees from such institutions.
(d) No law enforcement agency of this state or of any political subdivision of this state shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by the statutory and case law of this state.
(e) Each peace officer shall be provided with a copy of this Code section. Training regard ing elder abuse, abuse of vulnerable adults, and the requirements of this Code section

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should be offered as part of at least one in-service training program each year conducted by or on behalf of each law enforcement department and agency in this state?'
SECTION 2.
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:
"CHAPTER 5
30-5-1.
This chapter shall be known and may be cited as the 'Disabled Adults and Elder Persons Protection Act.' 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 dis abled 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 receiv ing 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 nec essary. 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 ap pointed 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 serv ices, or the director's designee, in the county in which the disabled adult or elder per son 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 men tally 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.

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(7.1) 'Elder person' means a person 65 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.
(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 shel ter, 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.
(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.
(a)(l) As used in this paiagrapli, the term 'eldei person' means a person GO yeais of age ui over. Any physician, osteopath, intern, resident, other hospital or medical person nel, dentist, psychologist, podiatrist, nursing personnel, social work personnel, daycare 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 be lieve 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 denned in Code Section 7-1-4, 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 per son 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 attor ney. 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 in clude 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.

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(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 partici pates 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 participa tion, 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 proceed ing arising from a report made in his or her capacity as an employee, or who partici pates in a required investigation under the provisions of this chapter in his or her capacity as an employee, shall be immune from any civil or criminaTliability on ac count of such report or testimony or participation of its employee, unless such financial Institution 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 respect 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 whether 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 inter fering 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, in cluding, 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 pursu ant 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 there with by any person.

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(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 serv ices and on such person or persons named in the petition as interfering with the investi gation or with the provision of protective services, as applicable. Notice shall be 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 pa tient 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 direc tor'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 imple mentation 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 subsec tion (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.
30-5-9.
Nothing in this chapter shall be construed to limit the application of Code Section 34-7-1 to trie" employment relationship between a disabled adult or elder person and his or her employer or to create a new cause of action as a result of the employment relationship."
SECTION 3.
This Act shall become effective on January 1, 1998.

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SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 127.

On the motion, 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 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 Marable Middleton Oliver Perdue

Price of 28th
Price of 56th Ragan Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th
Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Burton (excused)

Crotts (excused) Madden (excused) Ralston

Stokes (excused)

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 127.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

The House insists on its position in substituting the following bill of the Senate:

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 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 House had disagreed to the Senate amendment to the following bill of the House:

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.

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Senator Ray of the 48th moved that Senator Madden of the 47th be excused. On the motion, the yeas were 33, nays 1; the motion prevailed, and Senator Madden was excused.
Senator Perdue of the 18th moved that the following resolution, having been placed on the Table March 27th, be taken from the Table:
HR 296. By Representatives Walker of the 141st, Smyre of the 136th, Lee of the 94th, Skipper of the 137th, Holland of the 157th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for a Georgia Compensation Commission with the authority to fix the compensation of certain public officers and such other state officers as may be provided for by law; to provide for submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article IV of the Constitution is amended by adding at its end a new Section VIII to read as follows:
"SECTION VIII.
GEORGIA COMPENSATION COMMISSION
Paragraph I. Powers and duties. The Georgia Compensation Commission shall set the salaries of the Governor; the Lieutenant Governor and the Speaker of the House of Rep resentatives which shall be uniform; the Justices of the Supreme Court; the Judges of the Court of Appeals; the members of the General Assembly, which shall be uniform for all members, and any additional salaries for the officers of the General Assembly who are members of the General Assembly; the members of the Public Service Commission; the members of the State Board of Pardons and Paroles; the constitutional officers who are elected state wide; the superior court judges; the district attorneys; and such other of ficers of state government as may be provided for by general law. The Georgia Compen sation Commission shall also set the amount of per diem compensation, if any, to be received by such officers.
Paragraph II. Membership, (a) The commission shall be composed of 18 members who shall serve for terms of four years commencing December 1, 1998, and quadrennially thereafter. Each member shall serve until his or her successor has been appointed and qualified. Six members shall be appointed by the Governor. Three members shall be appointed by the Lieutenant Governor, one of whom shall be selected from a list of at least three names provided by the political party electing the second highest number of members of the Senate at the most recent general election. Three members shall be appointed by the Speaker of the House of Representatives, one of whom shall be selected from a list of names provided by the political party electing the second highest number of members of the House of Representatives at the most recent general election. Three members shall be appointed by the Supreme Court and three members by the Court of Appeals. Appointments shall be made not later than November 30, 1998, and every fourth year thereafter. Should any vacancy on the commission occur from death, resig nation, or otherwise, the appointing authority shall appoint a successor member to serve during the unexpired term.
(b) In selecting members of the commission, each appointing authority shall seek to ap point members who have substantial experience in positions of responsibility in private industry, in the management of businesses, and in personnel management. The mem bers of the commission shall be guided in setting the salaries by the levels of compensa tion that will attract and maintain qualified individuals in public service, as well as by

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the fact that public salaries must be financed through tax dollars paid by the state's citizens and businesses.
(c) No member of the commission shall hold any other public office or public employment. No member shall be a lobbyist as such term is defined by general law. The members of the commission shall receive no salary for their service on the commission but may be reimbursed as provided by law for expenses incurred in the service of the commission.
Paragraph III. Manner of fixing compensation, (a) The commission shall no later than December 31 of 1998 and each subsequent even-numbered year thereafter fix the sala ries and per diem committed to its jurisdiction under Paragraph I of this section; pro vided, however, that the commission shall report the salaries to the Governor and the General Assembly on the first day of the first regular session of the General Assembly in odd-numbered years. Neither the General Assembly nor any other officer or entity of state government shall have the authority to change or vary the amounts so fixed by the commission except as provided in this Paragraph. The salaries so fixed by the commis sion shall become effective unless within the first ten days of the first regular session of the biennium both houses of the General Assembly veto such action by resolution adopted by a majority of the members elected to each house. The presiding officers shall call such resolution for a vote on the floor of each chamber within the first ten legislative days. This section, however, shall not prohibit laws and other actions affecting the reim bursement of actual expenses incurred in public service by officers whose compensation is subject to the jurisdiction of the commission or laws and other actions defining retire ment benefits, insurance benefits, and other employment benefits to be provided to such officers.
(b) The commission shall biennially make a study of the compensation currently being paid by the state to the officers whose compensation is subject to its jurisdiction; and the commission shall compare such compensation with that currently being received by of ficers and employees serving in comparable positions with the federal government, this state, other states, and local governments and in industry, business, and the professions. The compensation fixed by the commission shall be based upon such study and on the principles stated in subparagraph (b) of Paragraph II of this section.
Paragraph IV. Enactment of laws. Except as specifically provided otherwise in subpara graph (a) of Paragraph III of this section, the General Assembly may enact general laws providing for the administration of the affairs of the commission and other general laws in aid of this section. The General Assembly may from time to time provide for other public officers' compensation to be fixed by the commission and may likewise from time to time withdraw any such other public officers' compensation from the jurisdiction of the commission, but the General Assembly shall not withdraw from the jurisdiction of the commission the compensation of the officers specifically provided for in Paragraph I of this section."
SECTION 2.
Article III, Section IV of the Constitution is amended by striking Paragraph VI and in serting in its place a new Paragraph VI to read as follows:
"Paragraph VI. Salaries. The members of the General Assembly shall receive such sal ary and per diem allowance as shall be provided for by law, provided that nu iimease in ciciltii'y slici.il utiCGiiiG GiiGctivG prior to tlit; eiid ol tiiti term during wiiicli su.uli cliJiii^jti is made in Article IV, Section VIII of this Constitution and may receive employment bene fits aiiH be reimbursed for actual expenses as provided by law?
SECTION 3.
Article IV, Section VII of the Constitution is amended by striking Paragraph I and in serting in its place a new Paragraph I to read as follows:

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"Paragraph I. Qualifications, compensation, and removal from office. The qualifications; cciuipmmatiuii, and removal from office of members of constitutional boards and commis sions provided for in this article shall be as provided by law. The compensation of mem bers of constitutional boards and commissions provided for in this article shall be as provided for in Section VIII of this article for those boards and commissions subject to the Georgia Compensation Commission and otherwise shall be as provided by law."
SECTION 4.
Article V, Section I of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. Persons holding the office of Governor may succeed themselves for one four-year term of office. Persons who have held the office of Governor and have suc ceeded themselves as hereinbefore provided shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided by law in Article TV, Section VIII of this Constitution."
SECTION 5.
Article V, Section I of the Constitution is further amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:
"Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such execu tive duties as prescribed by the Governor and as may be prescribed by law not inconsis tent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law in Article FV, Section VIII of this Constitution."
SECTION 6.
Article VI, Section VII of the Constitution is amended by striking Paragraph V and in serting in its place a new Paragraph V to read as follows:
"Paragraph V. Compensation and allowances of judges. All judges shall receive compen sation and allowances as provided by law, except that the compensation of the Justices of the Supreme Court, the Judges of the Court of Appeals, and superior court judges shall be fixed as provided in Article IV, Section VIII of this Constitution, ^cuunty County supplements are hereby continued and may be granted or changed by the General Assembly. County governing authorities which had the authority on June 30, 1983, to make county supplements shall continue to have such authority under this Constitution. An incumbent's salary, allowance, or supplement shall not be decreased during the in cumbent's term of office."
SECTION 7.
Article VI, Section VIII, Paragraph I of the Constitution is amended by striking subparagraph (c) and inserting in lieu thereof the following:
"(c) The district attorneys shall receive such compensation and allowances as provided by tew in Article IV, Section VIII of this Constitution and shall be entitled to receive such local supplements to their compensation and allowances as may be provided by law."
SECTION 8.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

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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 a Georgia Compensa) NO tion Commission and to remove from the General Assembly the authority to
fix the compensation of the Governor, the Lieutenant Governor, the members and officers of the General Assembly, the members of the Public Service Com mission, the members of the State Board of Pardons and Paroles, the constitu tional officers elected state wide, the superior court judges, and the district attorneys and to place such authority in the compensation commission, sub ject to a veto by both houses of the General Assembly?"
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 and shall take effect as provided in Article X, Section I, Paragraph VI of the Constitution.
On the motion, the yeas were 30, nays 1; the motion prevailed, and HR 296 was taken from the Table.
Pursuant to Senate Rule 111, HR 296, having been taken from the Table was put upon its adoption. The Appropriations Committee amendment, having been previously adopted on March 27th, was as follows:
Amend HR 296 by striking line 26 of page 3 and inserting in lieu thereof the following:

"Paragraph V. Enactment of laws. Except as specifically". By inserting between lines 25 and 26 of page 3 the following:

"Paragraph IV. Review of employment termination. The commission shall have the authority and duty to review each termination of the employment of a state employee subject to the involuntary separation provisions of Code Section 47-2-123 of the Official Code of Georgia Annotated. Such review shall be made in the manner and under such conditions as provided by general law. No such employee shall be separated from em ployment without the approval of the commission."
The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Cheeks Crotts Dean Egan Fort Gillis Griffin

Harbison Henson Hill Hooks Huggins James Johnson of 2nd Kemp Land Langford Madden Marable Middleton

Oliver Perdue Ragan Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Turner Tysinger Walker

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Those voting in the negative were Senators:

Balfour Burton Cagle Clay Glanton

Gochenour Guhl Johnson of 1st Lamutt Price of 28th

Price of 56th Ralston Ray Tanksley

Those not voting were Senators Thomas of the 10th and Thompson.

On the adoption of the resolution, the yeas were 40, nays 14.
The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile 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 the release of the iden tity of a biological parent to an adopted child if the biological parent is deceased; 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 reg istry; to provide for keeping the putative father registry current and providing prompt re sponse to requests; to provide for information from the putative father registry and other sources to be available to child-placing agencies and attorneys for adoption purposes; to provide for fees and their waiver, transmittal, and accounting; to provide for procedures for rescinding voluntary acknowledgments of paternity; to provide for notices, forms, and edu cational materials; to provide for related matters; to provide effective dates; to repeal con flicting laws; and for other purposes.

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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."
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 location uf such biological fathui ait; knuwii and lie ha& nut executed a suiieiiJui as speci fied in yaiagiaph (2) uf subsection (e) of Code Settiun 19-8-4, 19-8-5, 19-8-C, m 19-8-7, hu
sllcill D6 HOtineu by I'egiatcreu ur uei'tilleu iliciil, return reCGlpt ruL[u6Stt;u, 3t lllS mSt

FRIDAY, MARCH 28, 1997

2181

fellOW11 lCl.CllLfc;ss, OI Lilt; jil'GCutiQlll^S^JuiLsu.ciiit tO tTlIS CJGCltiSGCtlOllcllTCttil6 riutiCt; Sll&li

COIilui'iii LO siuuStJCtlOIl \) Oi LliiS vJuu.c ScCtlOIl RHQ feiiall ut; Cit:61U6Q I'cCGlVGCl Ujpuii tllti "CltiLc

uf delivery sliuwn uii the inturii leceipt and such father shall have the lights specified iir

subsection (g) of this Code section and will luse thuse lights at, specified in bubbetliuii (h)

uf lliia Code section, 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 of the

proceedings pursuant to this Code section in the following circumstances:

~

(1) If his identify 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) 6T 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) of this 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 publication.

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 ur location 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:

(1) That that such biological father who is not the legal father has not performed any of the following acts:

fA) (1) Lived with the child;

(fi) (2) Contributed to its the child's support;

(O (3) Made any attempt to legitimate the child; or

fB) (4) Provided support or medical care for the mother (including medical caie) either durmg her pregnancy or during her hospitalization for the birth of the child,

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JOURNAL OF THE SENATE

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.
\2rj 1 iKlt SUCH DID 1 Gg i C til la-tlici" liciti jjci'lui'ilieu
lluuugh (D) uf paiagiaph (1) uf this subsection, then Hie court shall deteuniiiti fium Hie evidence whether &uch conduct by such biological fathei was sufficient tu establish a fa milial build between such biological fathei and the child. If the court finds that the con-

(A) Nut sufficient tu establish a familial bond, then no fuilhei iiiquiiy ui noliie to such
Ljiulu^jLi;il liitiici Slitiill ut; i~Gv^uiidL Ijy tlie uuuit anil Liic uuuit olmll tuiLtix tin uiuti tci -
minaUiig the lights uf such biological father to the child, ui
(D) Sufficient lu establish a familial build, then Hie couit shall determine from tlin evidence whether reasonable effoits have been made tu identify anJ locale the fathei.
11 the COux I uelei mmcs auuli icaouiiaulc clluito.

\Tj J.ldVC ilut Ijtiell 111 'd QC, It olltlll till t?ul LllC VlC^JCll LllidlL Ul llUtllGCll dllltl ^>lct^lllg

lu uxpuiid such aJJitiunal effuit ab the cum I bhall bpbcify in the identification

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the-h L,uiitmue

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uij iia.ve ue1C"l p"^1"3 ' uie coi_ii L snail ciiuci cin ajjpiui|Jl ictl/e ui uei uidiS neu LO amJ1U.

lulugn" el* lathei

and the Ul bllC |J1 uuccU-iii^ tu Lei 11 lllldtc. rot ice shall uiUll

cctiun (g) ufthis v^uue oev.,tiun and sliixll b 1e piuvi.dt;d mid -d yy rued tecei\md

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:ourt siiall cont iiiue Uie Iteming miu ciitci mi uirdCl 1,11 L UU11S1C.U

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tg) (h) When notice is given pursuant to subsection (e) of this Code section ui divisiuii (f)(2)(B)(ii) of this Cude secliuii, 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 termina tion 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.
frr) (i) If the A biological father who is not the legal father dues nut file a legitimation
petition 3.HQ j^-ive iiGLiCt? 3.S 1'cQU.ii'cCl ili SliOSeCtlOU \g) ui lliiri vJOCle scCtiuii wiLliiii oU ClctyS
fium his luceipt uf the iiutice provided for in bubbectiuii (e) of this Cude secliuii ur division
(l)(2)(13)(n) ui tliiE) (Juue scuLiun ui, il ciltei liliiig the pt:titiuii lie itiils tu piut;uuLt; it Lu lineal
judgmeiil, lie 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 ter mination 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;

FRIDAY, MARCH 28, 1997

2183

(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 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 19-8-1, 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:
"19-8-12.
(a) If theie is a biological fathei who is nut the legal fdtliei uf a child and the identity and
luutitiun ui SuCli biulugiuctl Ititlici ait; kiivjwn cinu lie Liao iiut tJAcuutcu a. auneiiucl as Sped-
fled ill paiagiaph (2) uf subsection (u) uf CuJe Section 19-8-4, 19-8-5, 19-8-0, ui 19-8-7, he
Sllfl.llDti HOtlllcuDy I'tJ^fiStel'ectOT" C6l*t1lieCt iilfl.iljl"etUi~ii I*eCcXpt I'tJU^UeSteu.,ETC111S IciSL
known aJdiess, that the legal mulhei uf the child has suiimutereJ hei parental lights tu the child, had her paiental lights terminated, has consented to the child's aJuptiun by
llel* SJjOu.Se, Oi' IS fl pflrty t/0 3. pl'OCccdiil^ t/O tenillllfl'tG llci' pfl.i'elitfl.1 I'l^lYCS, 3.11(1 SUCii liutiCe Slifl.ll ue QGellleCl tO 113.V6 ueen reCelVed OH tile Clfctte OT delivery cjliOWIi OH tile 1'etU.ril
receipt,
(b) If theiu is a biological father whu is nut the legal falliei uf the child and the identity or locaiiuii uf sudi biulugical fathei is nut kiiuwii and he lias nut executed a burreiidei as specified In paragiayli (2) uf bubseuliun (e) uf Code Sectiun 19-8-4, 19-8-5, 19-8-0, ui 19-87 tlien.
(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 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 deemed 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 therefore 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 19-8-

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4, 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 oT the child in accordance with subparagraph (A) of paragraph (2) subsection (d) 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 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 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.
(c) Notification provided for in subsection (b) 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 publication.
If feasible, the methods specified in paragraph (1) or (2) of this subsection shall be used before publication.
(d)(l) Where the rights of a parent or guardian of the a child have been surrendered or terminated in accordance with subsection (a) of Code Section 19-8-4, the department 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) or 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 Section 19-8-6, the petitioner shall file, under the authority of this paragraph, with the supe rior 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;

FRIDAY, MARCH 28, 1997

2185

(A) Thai that such biological father has not performed any of the following acts:
fr)(A) Lived with the child;
trr)(B) Contributed to its the child's support;
fiirKC) Made any attempt to legitimate the child; or
(rrKD) 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 possF 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 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 terminating the rights of such biological father to the child.
(D) That such biulogical father has performed any act specified in divisions (i) lliiough (iv) uf subpaidgraph (A) uf this paiagiaph, llibii the cuuit shall detbiinint!
liuiii the evidence wliethei such uunduut ijy teuuli biulugiucil latlit;! waa suiliuieiil tu tjstttuli&li o. Imiiilml uuiiu Uftwcull sucli uiuluf^iucil ititlici cmtl tlie tlnlQ. n lilt? uuuit
finds that the conduct was:
(I) Not sufficient to establish a familial buuJ, then no further inquiiy ui notice tu such biulogical fathui shall be required by the comt and the cuuit shall eiitui an uider terminating the lights of such biulogical father tu (lie child, or
(ii) Sufficient to establish a familial bund, then the cuuit shall dbtminine fium the
eviuenue wlielliei 1 cctouiieible clluits have beeii iimue tu lucntily cinu luv-ale the lallid . II tilt; uuuiL Qctci iiniiea outli icciBunciljlt; elluito.
(1} llcivc nut uedi illciLle, it slitill diitJut Hit |jti sun ui entity lilnig the |jt:liliuii ui
shall specify In the identlficatiun and lucation uf suub biulugical fatliei and tu repuit the tesitlts uf the additional effuits tu the cuuit, and the cuuit shall con tinue the heailng until the additiunal eflbiis have been expended and the le-
ci ult8 i*e^pOrteXr. WlitJil tile l*6SU.lts 31"6 reported, II tlie Cuui't liiids til tit I'eaSOliamG ellul'ts liaVt; 11ot tieeii 111 3Qe, rt Sll3ll ui'uei1 S uCli aCiClitlulial tJilortS 311Ci reports 1113Cie, 3S prOVlQeCtHi tlie pi'eCediil^ pl'OVItJIOllS Ol tlllS SU.DQ1V1S1O11, OT, il tlie Cuui't
Cndb that leasuiiable effuits have been made, the cuuit shall unter an order as provided in subdivision (II) of this division, ui
foi'd such biological falhei iiutice uf the suuendei, termination, consent to adopt,
ui pi'u^ceuing tu tci imiiatt;, tuiu tht; iiutiCt: shall Cuiiluini tu suusc^liun (u) ul Lino
lion (b) of Code Bectiun 19-8-11, but shall not include the name of the legal
illutllef ill ally pLtulli; nOtlCG to SUCll D10lu^iC3l l3tller ll lllS llciilie ify KJ1OW11 to tile
court 311el tliecourt slisllcontinue tlie liearm^ciiiclentei1 an orclei~consistent with subsection (d) uf this Code section.
fcXe) When notice is to be given pursuant to subsection (a) 01 (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.

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JOURNAL OF THE SENATE

fttXf) If the A biological father who is not the legal father dues nut file a legiLimaliuii
^jcLiLiun anil givt: iiuLiCe Jia lev^Llil'Ktl 111 BuusccLiun (,cj ul Lliio CJuilc ocuLiun vVlLliin oU Uiii^ys
iiuni Ins it;i;t;ipl ul Llic nuliut: piuviueu iui ill &uucCtiuii (a) ui (u) ul tins (Juuc aeuliun ui, 11
aflei filing the petition he fails Lu pioseciile il lu final judgment, 1m 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 further notice of the adoption if within 30 days from his receipt of the notice provided for in subsection (b) of this Code section heT
(1) Does not file a legitimation petition and give notice as required in subsection (c) of this Code section;
(2) Files a legitimation petition which is subsequently dismissed for failure to prose cute; or
(3) Files a legitimation petition and the action is subsequently concluded without a court order declaring a finding that he is the father of the child.
fg)(g) If the child is legitimated by his or her biological father, the adoption shall not be permitted except as provided in Code Sections 19-8-4 through 19-8-7."
SECTION 6.
Said chapter is further amended in Code Section 19-8-13, relating to petitions for adoption, by inserting a new subsection to be designated subsection (h) to read as follows:
"(h) A petition for adoption regarding a child or children who have a living biological father who is not the legal father and who has not surrendered his rights to the child or children shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child or children pursuant to subparagraph (d)(2)(A) of Code Section 19-11-9 or indicat ing the possibility 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 immedi ately prior to the child's date of birth. Such certificate shall indicate a search of the registry on or after the earliest of the following:
(1) The date of the mother's surrender of parental rights;
(2) The date of entry of the court order terminating the mother's parental rights;
(3) The date of the mother's consent to adoption pursuant to Code Section 19-8-6; or
(4) The date of the filing of the petition for adoption, in which case the certificate may be filed as an amendment to the petition for adoption.
Such certificate shall include a statement that the registry is current as of the earliest date listed in paragraphs (1) through (4) of this subsection, or as of a specified date that is later than the earliest such date."
SECTION 7.
Said chapter is further amended by striking subparagraph (f)(4)(D) of Code Section 19-823, relating to records of adoptions, and inserting in lieu thereof the following:
"(D)(i) If the director of a placement agency or the commissioner certifies that the placement agency or department has been unable to notify a parent identified in the original adoption record within six months after receipt of the adopted person's written request and if neither identified biological parent has at any time filed an unrevoked consent to disclosure with the placement agency or the department, the identity of a biological parent may only be disclosed as provided in division (ii) or (iii) of this subparagraph.
(ii) The adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of that person's biological parent from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made

FRIDAY, MARCH 28, 1997

2187

diligent efforts to locate each biological parent pursuant to this subparagraph without success and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental or emotional health of the adopted person.
(iii) If it is verified that the biological parent of the adopted person is deceased and if there is no sibling of the adopted person who may be contacted, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased biological parent, if known, to the adopted person seeking such infor mation without the necessity of obtaining a court order."
SECTION 8.
Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Child Support Recovery Act," is amended by striking in their entirety subsections (d) and (e) of Code Section 19-11-9, relating to location of absent parents and the putative father registry, and inserting in their place the following:
"(d)(l) There is established within the department a putative father registry. For pur poses of this subsection, 'biological father' and 'legal father' shall have the meanings set out in Code Section 19-8-1. The putative father registry shall record the name, address, and social security number of any person who claims to be the biological fa ther but not the legal father of a child, and the date of entry of such'information. Placement on the putative father registry shall not be used as an admission of guilt to any crime under Georgia law or used as evidence in any criminal prosecution under

(2) The putative father registry shall include two type of registrations:
(A) Persons who acknowledge paternity of a child or children before or after birth in a signed writing; ancl
(B) Persons who register to indicate the possibility of paternity without acknowledg ing paternity.
(3) Registrants shall be informed that this registration may be used to establish an obligation to support the child or children and that this registration shall be used to provide notice of adoption proceedings or proceedings to terminate the rights of a bio logical father who is not a legal father but that registration without further action does not enable the registrant to prevent an adoption or termination of his rights by ob jecting. All registrants shall be asked to provide information regarding changes in their addresses"
(4) iHIOni.13.Liun su.jjjjlj.tJU to I/lie i'e^JiSti'y LiiiHy Oc i'cVoted t)y 3. WTlttfin. Stflteilieilt WillCil
it> Si^iiticl 9.11cl cicltiiowltJil^tjclby tli6 r&^isti'&iitDstore<i notci^y^ju-Dliu. 1 IIGst<itKment
lHUSt HlClUQG SL Ci6ClirfltlOIl tllcttj ~UO" Hit; ucst Ol Ins l\.iiOvVltiU.jt; ctilCl uerl&T,"tilfr i't^iSti'iiilt
is nul the fatliei uf the named child 01 that a couil lias adjudicated paternity and some-
une uLliei llmii tilt; i tjgisli ttnl 1mb bet;ii ut;tt;i limitu 16 be Llic ialliei ui tlic dulu. Ivcvu-
caliuu shall unly be effective aflei the bii Hi of the child A voluntary acknowledgment of paternity may be rescinded pursuant to the provisions of Code Section 19-7-46.1.
(5) The department shall publicize the existence and availability of the putative father registry to the public, including but not limited to providing information disseminated in connection with certificates of live birth and through county boards of health. The department is authorized to prescribe the notices, forms, and educational materials to be used for entities that may offer voluntary paternity establishment services.
(6) The department shall keep the putative father registry as current as feasible, ad ding entries or information to the registry often enough that new registrations or new information regarding registrants, mothers, or children shall be added to the registry no later than two business days following receipt of the information from the registrant

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(e) The information which is obtained by the department shall only be available to:
(1) 3 A governmental department, board, commission, bureau, agency, or political sub division of any state for purposes of locating an absent parent or putative father to establish or to enforce his obligation of support, of enforcing a child custody determina tion, or of enforcing any state or federal law with respect to the unlawful taking or restraint of a child; or
(2) The department, a licensed child-placing agency, or a member in good standing of tEe State Bar of Georgia in response to a request for information for purposes of locat ing a biological father who is not the legal father to provide notice of adoption proceed ings or a proceeding to terminate the rights of a biological father who is not a legal father. The request for information shall include, to the extent the information is Known to the department, agency, or attorney, the name, address, and social security number of the mother of the child and of the alleged biological father who is not the legal father of the child and the child's name, sex, and date of birth. The department shall within two business days of its receipt of such a request for information issue a written certificate documenting its response.
(f) The department shall charge a fee of $10.00 for each certification regarding entries on the putative father registry or other information provided pursuant to paragraph (2) of subsection (e) of this Code section. The department shall waive the fee provided for in this subsection upon presentation of an affidavit of the petitioner's indigency. The de partment shall transmit the fees received pursuant to this subsection to the Office of Treasury and Fiscal Services for deposit in the treasury of the state and shall provide an annual accounting of such fees to the Governor and the General Assembly."

SECTION 9.

Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, Section 8 of this Act shall become effective July 1, 1997. The remaining provisions of this Act shall become effective January 1, 1998.

SECTION 10.

All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 28.
On the motion, 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

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

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Those not voting were Senators:

Abernathy Bowen

Langford Madden

Marable Thomas of 10th

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 28.
The following resolution was taken up to consider House action thereto:

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 House substitute was as follows:

A RESOLUTION
Authorizing the granting of nonexclusive easements for operation and maintenance of water lines, drainage pipelines, electrical distribution lines, and telecommunications facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bibb, Dougherty, Jasper, Macon, and Ware counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Bibb, Dougherty, Jasper, Macon and Ware counties, Georgia; and
WHEREAS, H/S MACLO, LLC; Carlton Company; Central Georgia Electrical Membership Corporation; Georgia Transmission Corporation; and AT&T Corporation desire to operate and maintain drainage pipelines, electrical distribution lines, and telecommunications facilities in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these water lines drainage, pipelines, electrical distribution lines, and telecommunications facilities in, on, over, under, upon, across, or through the hereinafter described state property have been approved by the Department of Natural Resources, Department of Technical and Adult Education, and Department of Corrections with respect to property under the jurisdiction of their respective departments.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I

SECTION 1.
That the State of Georgia is the owner of the hereinafter described real property in Bibb 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 2.
That the State of Georgia, acting by and through its State Properties Commission, may grant to H/S MACLO, LLC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintain ing, repairing, replacing, inspecting, and operating water lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably neces sary to accomplish the aforesaid purposes. Said easement area is located on the Campus of

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Macon Technical Institute in Bibb County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a drawing prepared by Tribble and Richardson, Inc., shown as sheet 5 of 18 Project No. 2756-010-01 dated January, 1997, 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 Sur veyor 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, installing, maintaining, repairing, replacing, inspecting, and operating said water lines.
SECTION 4.
That H/S MACLO, LLC, shall have the right to remove or cause to be removed from said easement only such trees and bushes as may be reasonably necessary for the proper con struction, operation, and maintenance of said water lines.
SECTION 5.
That, after H/S MACLO, LLC, has put into use the water lines 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, H/S MACLO, LLC, 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 6.
That no title shall be conveyed to H/S MACLO, LLC, and, except as herein specifically granted to H/S MACLO, LLC, 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 H/S MACLO, LLC.
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 in order to avoid interference with the State's use or intended use of the easement area, H/S MACLO, LLC, shall remove or relocate its facilities at its sole cost and expense.
SECTION 8.
That the easement granted to H/S MACLO, LLC, 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 9.
That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 10.
That this grant of easement shall be recorded by the grantee in the Superior Court of Bibb 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 H/S MACLO, LLC, 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 Dougherty 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 14.
That the State of Georgia, acting by and through its State Properties Commission, may grant to Carlton Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of drainage pipelines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating drainage pipelines, 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 the Campus of Albany Technical Institute in Dougherty County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a drawing prepared by Carlton Company entitled "Plat showing proposed storm drainage easement on property of Al bany Technical Institute," 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, installing, maintaining, repairing, replacing, inspecting, and operating said drainage pipelines.
SECTION 16.
That Carlton 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 drainage pipelines.
SECTION 17.
That, after Carlton Company has put into use the drainage pipelines for which this ease ment 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, Carlton Company or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving

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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 Carlton Company and, except as herein specifically granted to Carlton Company, 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 Carlton Company.
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 in order to avoid interference with the State's use or intended use of the easement area, Carlton Company shall remove or relocate its facilities at its sole cost and expense.
SECTION 20.
That the easement granted to Carlton Company 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 the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 22.
That this grant of easement shall be recorded by the grantee in the Superior Court of Dougherty 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 Carlton Company 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 Jasper 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 Central Georgia Electric Membership Corporation, or its successors and assigns, a

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nonexclusive easement for the construction, operation, and maintenance of electrical distri bution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and op erating electrical distribution lines, together with the right of ingress and egress over adja cent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Charles Elliott Wildlife Education Center in Jasper County, Georgia, and is more particularly described as follows:
That portion and that portion only marked in red as shown on a drawing prepared by Central Georgia Electric Membership Corporation marked as EXHIBIT "A" of revocable license agreement, Real Property Record No. 8897, on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey pre pared by a Georgia Registered Land Surveyor and presented by grantee 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 electrical distribution lines.
SECTION 28.
That Central Georgia Electric Membership Corporation 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 electrical distribution lines.
SECTION 29.
That, after Central Georgia Electric Membership Corporation has put into use the electri cal distribution lines 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, Central Georgia Electric Membership Corporation, 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 Central Georgia Electric Membership Corporation, and, except as herein specifically granted to Central Georgia Electric Membership Corporation, 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 Central Georgia Electric Membership Corporation.
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 in order to avoid interference with the State's use or intended use of the easement area, Central Georgia Electric Membership Corporation shall remove or relocate its facili ties at its sole cost and expense.
SECTION 32.
That the easement granted to Central Georgia Electric Membership Corporation 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

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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 33.
That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 34.
That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper 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 Central Georgia Electric Membership Corporation 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 IV
SECTION 37.
That the State of Georgia is the owner of the hereinafter described real property in Macon 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 Georgia Transmission Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines 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 elec trical transmission lines, 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 Land Lots 259, 260, and 269 of the 28th District of Macon County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown on a plat of survey prepared by Georgia Transmission Corporation entitled "North Americus-Buckeye 115 kV Transmission Line", on file in the offices of the State Properties Commission and may be more particu larly described by a plat of survey prepared by a Georgia Registered 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 elec trical transmission lines.

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SECTION 40.
That Georgia Transmission Corporation shall have the right to remove or cause to be re moved from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
SECTION 41.
That, after Georgia Transmission Corporation has put into use the electrical transmission lines 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 Transmission Corporation 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 42.
That no title shall be conveyed to Georgia Transmission Corporation, and, except as herein specifically granted to Georgia Transmission Corporation, 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 Georgia Transmission Corporation.
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 in order to avoid interference with the State's use or intended use of the easement area, Georgia Transmission Corporation shall remove or relocate its facilities at its sole cost and expense.
SECTION 44.
That the easement granted to Georgia Transmission Corporation 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 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 45.
That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 46.
That this grant of easement shall be recorded by the grantee in the Superior Court of Macon 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 Georgia Transmission Corporation shall expire three years after the date that this resolution be comes effective.

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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 Ware 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 AT&T Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of telecommunications equipment facilities in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating telecom munications equipment facilities together with the right of ingress and egress over adja cent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 121 of Ware County, Georgia, and is more particularly described as follows:
That portion and that portion only as shown in yellow on a plat of survey prepared by George T. White, Georgia Registered Land Surveyor No. 1929, dated June 18, 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 Registered 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, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommuncations equipment facilities.
SECTION 52.
That AT&T Corporation 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 telecommunications equipment facilities.
SECTION 53.
That, after AT&T Corporation has put into use the telecommunications equipment facili ties 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, AT&T Corpo ration, 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 54.
That no title shall be conveyed to AT&T Corporation, and, except as herein specifically granted to AT&T Corporation, 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 AT&T Corporation.

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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 in order to avoid interference with the State's use or intended use of the easement area, AT&T Corporation shall remove or relocate its facilities at its sole cost and expense.
SECTION 56.
That the easement granted to AT&T Corporation 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 57.
That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 58.
That this grant of easement shall be recorded by the grantee in the Superior Court of Ware 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 AT&T Corporation shall expire three years after the date that this resolution 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.
ARTICLE VI

SECTION 61.

That all laws and parts of laws in conflict with this resolution are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SR 165.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts
Dean

Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks James
Johnson of 1st

Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray
Roberts

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Scott Starr Stokes

Tanksley Taylor Thomas of 10th

Those not voting were Senators:

Bowen Huggins Johnson of 2nd

Langford Perdue Streat

Turner Tysinger
Thomas of 54th Thompson (excused) Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 165.
Senator Broun of the 46th moved that Senator Madden of the 47th be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Madden was excused.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate Amendment to House Bill 238 by striking the word "ten" on line 13 of page 1.
Senator Middleton of the 50th moved that the Senate agree to the House amendment to the Senate amendment to HB 238.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen 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 Starr Stokes Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th Egan

Johnson of 2nd Perdue Streat

Taylor Walker

On the motion the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 238.

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The following bill was taken up to consider House action thereto:
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.
Senator Johnson of the 1st moved that the Senate insist on its amendment to HB 567.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 567.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facili ties, so as to prohibit denial of staff privileges on the basis of certain licenses, certifications, specialties, and membership; to change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or institution and the powers, privileges, and responsibilities thereof; to provide for the execution of orders of health ser vice provider psychologists; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to the use of physical restraints; to provide for the duties and powers of psychologists; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by adding imme diately 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 medical doctor, 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 hospital based solely upon that person's license, board certification, or specialty membership in a professional association."
SECTION 2.
Said chapter is further amended by striking Code Section 31-7-160, relating to the defini tion of a term, and inserting in lieu thereof a new Code Section 31-7-160 to read as follows:

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"31-7-160.
As used in this article, the term:
(1) 'Health health service provider psychologist' means a licensed psychologist who meets the criteria of training and experience as provided in Code Section 31-7-162 in the delivery of direct, preventive, assessment and therapeutic intervention services to individuals whose growth, adjustment, or functioning is actually impaired or is demonstrably at a high risk of impairment.
(2) 'Psychologist's order' means an order issued by a health service provider psychologist practicing psychology in accordance with Chapter 39 of Title 43 for the care and treatment rendered to a person in a medical facility or institution, including admis sion and discharge. Such care and treatment does not include the ordering or pre scribing of medications, nursing assessments or interventions, or medical procedures."
SECTION 3.
Said chapter is further amended hy striking Code Section 31-7-161, relating to the appoint ment of health service provider psychologists to the staff of a medical facility or institution and inserting in lieu thereof a new Code Section 31-7-161 to read as follows:
"31-7-161.
(a) A medical facility or institution may provide for the appointment of health service provider psychologists on such terms and conditions as the medical facility or institution shall establish. Psychologists shall be eligible to hold membership and serve on commit tees of the medical or professional staff and may possess clinical privileges and carry professional responsibilities consistent with the scope of their licensure and their compe tence, subject to the reasonable rules of the medical facility or institution. Such privi leges and responsibilities may include issuing a psychologist's order. A physician shall be designated to be responsible for the medical aspects of care for a patient admitted by a psychologist.
(b) Notwithstanding any other provision of law:
(1) A health service provider psychologist is authorized to issue a psychologist's order to a registered professional nurse or a licensed practical nurse; and
(2) A registered professional nurse and a licensed practical nurse shall have the au thority to execute a psychologist's order, provided that a registered professional nurse or licensed practical nurse may confer with the health service provider psychologist prior to executing the psychologist's order. Nothing contained in this article shall be cTeemed to alter the standard of care of the registered professional nurse or the licensed practical nurse applicable to the evaluation and execution of orders, including a psy chologist's order."
SECTION 4.
Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking subsection (b) of Code Section 37-3-165, relating to mistreatment, neglect, or abuse of mentally ill patients, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Physical restraints shall not be applied unless they are determined by an attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient to be absolutely necessary in order to prevent a patient from seriously injuring himself or herself or others and are required by the patient's medical needs. Such determination shall expire after 24 hours. An attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient must then make a new determi nation before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such

FRIDAY, MARCH 28, 1997

2201

entry or a summary of such entries shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or herself or to others, restraints may be au thorized by attending staff who must immediately report the action taken to the physi cian and any psychologist involved in the care and treatment of the patient. The facility shall have written policies and procedures which govern the use of restraints and which clearly delineate, in descending order, the personnel who can authorize the use of re straints in emergency situations."
SECTION 5.
Said title is further amended by striking subsection (b) of Code Section 37-4-124, relating to mistreatment, neglect, or abuse of mentally retarded clients, and inserting in lieu thereof, a new subsection (b) to read as follows:
"(b) Physical restraints shall not be applied unless:
(1) A person who is involved in the care and treatment of the client as a physician, psychologist, or clinical nurse specialist in psychiatric/mental health determines such restraints to be necessary in order to prevent a client from seriously injuring himself or herself or others; or
(2) A professional staff member determines that there exists an emergency requiring the use of such restraints. For purposes of this Code section, an emergency exists when the client presents an immediate danger of injury to himself or herself or others. The authorization of physical restraints by a professional staff member shall be imme diately reported to a physician and any psychologist involved in the care and treatment of the client. A physician's, psychologist's, or clinical nurse specialist's in psychiatric? mental health order for restraints shall expire after 12 hours, at which time a new determination of the need for restraints must be made. The physician, psychologist involved in the care and treatment of the client, or clinical nurse specialist in psychiat ric/mental health involved in the care and treatment of the client must issue a written order for each use of restraints. The facility shall have written policies and procedures which govern the use of such restraints and which clearly delineate, in descending order, the personnel who can authorize the use of restraints in emergency situations."
SECTION 6.
Said title is further amended by striking subsection (b) of Code Section 37-7-165, relating to mistreatment, neglect, or abuse of alcoholic or drug dependent patients, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Physical restraints shall not be applied unless they are determined by an attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient to be absolutely necessary in order to prevent a patient from seriously injuring himself or others and are required by the patient's medical needs. Such determination shall expire after 24 hours. An attending physician, a psychologist involved in the care and treatment of a patient, or a clinical nurse specialist in psychiatric/mental health involved in the care and treatment of the patient must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entry shall be forwarded to the chief medical officer for review. A pa tient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or herself or to others, restraints may be authorized by attending staff who must immediately report the action taken to the physician and any

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psychologist involved it the care and treatment of the patient. The facility shall have written policies and procedures which govern the use of restraints and which clearly delineate, in descending order, the personnel who can authorize the use of restraints in emergency situations."
SECTION 7.
This Act shall become effective on July 1, 1997.

SECTION 8.

All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House Substitute to SB 219 by deleting on page 1, lines 24 and 25, the following "and Code Section 31-7-15"
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks 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 Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th Brush

Clay Johnson of 1st Streat

Thomas of 10th Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 219 as amended by the Senate.
The following bill was taken up to consider House action thereto:

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 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.

Senator Oliver of the 42nd moved that the Senate adhere to its substitute, and that a Conference Committee be appointed.

FRIDAY, MARCH 28, 1997

2203

On the motion, the yeas were 31, nays 2; the motion prevailed, and the President ap pointed as a Conference Committee on the part of the Senate the following Senators: Broun of the 46th, Hooks of the 14th, and Oliver of the 42nd.
Senator Guhl of the 45th moved that Senator Madden of the 47th be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Madden was excused.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize the joint-secretary of the state examining boards to retain funds received as collection fees for use in defraying the cost of collection of fees as required by law; to permit a state examining board to impose on a licensee or an applicant for a license a. fee or charge sufficient to cover the legal costs incurred by the board in conducting an investigative or disciplinary proceeding; to permit the joint-secre tary to disclose certain investigative information; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-1-3, relating to the duties of the joint-secretary of the state examining boards, by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions and to remit the same to the director of the Office of Treasury and Fiscal Services for deposit into the general fund of the state. Notwithstanding any other provision of law, the joint-secretary is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter; provided, however, that nothing in this Code section shall be con strued so as to allow the joint-secretary to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that thejoint-secretaVy shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds."
SECTION 2.
Said title is further amended in Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses, by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) When a state examining board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to the business or profession li censed by the board, the board may take any one or more of the following actions:

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(1) Refuse to grant or renew a license to an applicant;
(2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee;
(3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;
(4) Limit or restrict any license as the board deems necessary for the protection of the public;
(5) Revoke any license;
(6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct;
(7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or
(8) Impose on a licensee or applicant fees or charges in an amount necessary to reim burse an examining board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding."

SECTION 3.

Said title is further amended by striking in its entirety Code Section 43-1-21, relating to the release of information regarding investigations, and inserting in lieu thereof a new Code Section 43-1-21 to read as follows:
"43-1-21.

The joint-secretary of the state examining boards is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any appli cant for licensure by that board or licensee of that board notwithstanding the provisions of subsection (h) of Code Section 43-1-19 or any other law to the contrary regarding the confidentiality of that information. Nothing in this Code section or chapter shall be con strued to prohibit or limit the authority of the joint-secretary to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by a state examining board?'

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 Henson of the 55th moved that the Senate agree to the House substitute to SB 303.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts

Fort Glanton Gochenour Guhl Harbison Henson Hill Hooks James Johnson of 2nd

Johnson of 1st Lamutt Land Langford Marable Price of 28th Price of 56th Ragan Ralston Ray

FRIDAY, MARCH 28, 1997

2205

Roberts Scott Starr Stokes

Tanksley Taylor Thomas of 54th Thomas of 10th

Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brush Clay Dean Egan

Gillis Griffin Huggins Kemp Madden (excused)

Middleton Oliver Perdue Streat

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 303.
The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows: Amend the Senate substitute to HB 419 by inserting between "as" and "to" on line 3 of page 1 the following:
"to change the type of income tax information which is subject to the authority of county boards of tax assessors to summon witnesses and require production of documents;". By striking "an effective date" and inserting in its place "for effective dates" on lines 34 and 35 of page 1. By inserting between lines 4 and 5 of page 2 the following: "amended by striking subparagraph (a)(2)(A) of Code Section 48-5-300, relating to the au thority of county boards of tax assessors to summon witnesses and require production of documents, and inserting in its place a new subparagraph (a)(2) (A) to read as follows:
'(A) Any income tax records or returns; provided, however, that any income tax sched ules or forms pertaining to any business enterprise shall be subject to the authority provided for in paragraph (1) of this Subsection;'.
SECTION 2.
Said chapter is further". By striking "2" and inserting in its place "3" on line 23 of page 2. By striking lines 19, 20, and 21 of page 6 and inserting in their place the following:
"SECTION 4.
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1998. (b) Sections 2 and 3 of this Act this Act shall become effective on January 1, 1998.
SECTION 5."
Senator Thompson of the 33rd moved that the Senate disagree to the House amend ment to the Senate substitute to HB 419.

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JOURNAL OF THE SENATE

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate dis agreed to the House amendment to the Senate substitute to HB 419.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate amendment to HB 425 by inserting between lines 7 and 8 of page 1 the following:
"By striking 'facility' and inserting in its place 'conference and convention center facility or similar facility' on line 25 and line 31 of page 3."
Senator Roberts of the 30th moved that the Senate agree to the House amendment to the Senate amendment to HB 425.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour

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

Oliver Price of 28th Price of 56th Ragan Ralston Roberts Starr Stokes Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those voting in the negative were Senators:

Cagle

Ray

Tanksley

Those not voting were Senators:

Abernathy Brush Egan Griffin

Hill Madden (excused) Perdue

Scott Streat Walker

On the motion, the yeas were 43, nays 3; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 425.
The following bill was taken up to consider House action thereto:

SB 90. By Senators Taylor of the 12th, Brown of the 26th, Walker of the 22nd and others:
A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for eligibility for compensation of victims of certain crimes committed outside the state; to change definitions; to change the time period for filing a claim; to provide for the ineligibility of victims

FRIDAY, MARCH 28, 1997

2207

while they are delinquent in paying fines, other monetary penalties, or restitu tion imposed for conviction of certain offenses.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Anno tated, relating to victim compensation, so as to provide for eligibility for compensation of victims of certain crimes committed outside the state; to change definitions; to change the time period for filing a claim; 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 17 of the Official Code of Georgia Annotated, relating to victim compen sation, is amended by striking in their entirety paragraphs (3) and (8) of Code Section 1715-2, relating to definitions, and inserting in lieu thereof the following:
"(3) 'Crime' means: an act committed in this slate which constitutes a violent ciime a& defined by state ui'feduial law.
(A) An act which constitutes a violent crime as defined by state or federal law which results in physical injury or death to the victim and which is committed:
(i) In this state;
(ii) In a state which does not have a victims' compensation program, if the victim is a resident of this state; or
(iii) In a state which has compensated the victim in an amount less than the victim would be entitled to pursuant to this chapter, if the victim is a resident of this state;
(B) An act which constitutes international terrorism as defined in 18 U.S.C. Section 2331 which results in physical injury or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed; or
(C) An act of mass violence which results in physical injury or death to the victim, if trie victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed."
"(8) 'Victim' means a person who is injured physically, who dies, or who suffers financial hardship as a result of being injured physically a peisunal physical mjiiiy ui death as a direct result of a crime.""
SECTION 2.
Said chapter is further amended by striking subsection (b) of Code Section 17-15-5, relating to filing claims, and inserting in it its place a new subsection to read as follows:
"(b) A claim must be filed by the claimant not later than 180 days one year after the occurrence of the crime upon which such claim is based or not later than t80 days one year after the death of the victim; provided, however, that, upon good cause shown, the board may extend that time for filing for a period not exceeding two years after such occurrence. Claims shall be filed in the office of the board in person or by mail."
SECTION 3.
Said chapter is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 17-15-7, relating to persons eligible for awards, and inserting in lieu thereof the following:

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JOURNAL OF THE SENATE

"(b)(l) Victims may be legal residents or nonresidents of this state. Nu victim, whethei a legal ibbiiUmt uf this state ur another state, is entitled lu receive compensation pursuant to tins chapter if sucli persun has received crime victniis compensation pursuant to a
ijjiiiiilfcii' law Or aiiOthei'Stiltt;OT Wastil 6 VictimOr3 Ci'iiiit;COillili i111:d111 ailOthez'State
Wilcl'tJ fl.ii di^iule Crime VlCtllUS COnTpuiiSatiOii Statute exists. A Victim OI a Ci'iiiie Comiiiili"
ted in anotnei' state, wrucli victmi is A le^jal resident 01 tins state, may receive compt;iiSa~ tiOii pursuant to tnis^tirapter ii tnat Quite!1 sLai/e does iiut nave aii eligible crime victims compensation program. A surviving spouse, parent, or child who is legally dependent for his or her principal support upon a deceased victim is entitled to file a claim under this chapter if the deceased victim would have been so entitled, regardless of the residence or nationality of the surviving spouse, parent, or child."

SECTION 4.

Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-15-8, relating to terms and conditions for granting awards, and inserting in lieu thereof the following:
"(a) No award may be made unless the board or director finds that:
(1) A crime was committed;
(2) The crime directly resulted in the victim's physical injury, financial hardship as a result of the victim's physical injury, or the victim's death of the victim;
(3) Police records show that the crime was promptly reported to the proper authorities. In no case may an award be made where the police records show that such report was made more than 72 hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified; and
(4) The applicant has pursued restitution rights against any person who committed the crime unless the board or director determines that such action would not be feasible.
The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award."

SECTION 5.

Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall be come effective July 1, 1997.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Taylor of the 12th moved that the Senate agree to the House substitute to SB 90.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Crotts Dean Fort Gillis Glanton

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

Land Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Tanksley

FRIDAY, MARCH 28, 1997

2209

Taylor Thomas of 54th

Thomas of 10th Thompson

Turner Tysinger

Those not voting were Senators:

Abernathy Broun of 46th Brush Clay

Egan Langford Madden (excused) Perdue

Scott Streat Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 90.
The following bill was taken up to consider House action thereto:

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 an 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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to change provisions relating to notice of and en forcement 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 enforcement rights of transferees of tax executions; to specify amounts which may be charged by a transferee for a release or satisfaction; to provide for related matters; to revise comprehensively certain provisions regarding the selling and transferring of tax executions in lot blocks; to provide for defini tions; to provide for notice; to provide for procedures, conditions, and limitations; to provide for duties and responsibilities of transferees; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-9, relating to notice of tax levies, and inserting in its place a new Code section to read as follows:
"48-3-9.
(a) Whenever any real estate is levied upon by the sheriff for taxes, it shall be the sheriffs duty before proceeding to advertise the property for sale as provided by law to give 20 days' written notice of the levy to the record owner of the property and the record owner of each security deed and mortgage contained iu the lisl filed with him affecting such property as provided in subsection (b) of this Code section. The period of 20 days shall begin to run from the time the notice is personally delivered or, when delivered by regis tered or certified mail as provided in this Code section, from the date of its mailing. The notice shall contain a description of the land levied upon, the name of the owner of the land, the year or years for which the taxes were assessed, and a statement of the amount of the taxes due, together with the accrued cost. The notice shall be delivered to the owner and any secured parties entitled to notice either in person or by registered or certified mail, with return receipt requested at the address given on the list. The sheriff

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JOURNAL OF THE SENATE

shall keep a copy of the notice on which he or she shall enter the date the notice was delivered and how, where, and to whom the notice was delivered. The shei iff shall file
tilt; cup_y wiLli Lilt; liat piuviucu lui in Una Cuut; SeCtiuu.
(b) In order to entitle any owner of a security deed or mortgage to notice as provided in subsection (a) of this Code section, a list of each security deed ami mui Igage as tu which
Lilt: uutiue is uesufcu shall ue Iilcu u^ Lhc uwiitJi ui Hit; ut;t;d ui mui tgctgt; un ui uciOie JJeueiiibei ^0 ul cticlx .ytJtii with Hit: uleik ul Hit; au^jtiiui cuuil ul tlit; uuuiit_y ill whiuli tlic
IctllLI UUVtHCll Dy Lilt llcell Ul 111U1 L^cl^t? lltJS. Ill cltlliltlUli tD SllUWlllg Lilt? ClCtJils irtllLi lllul'L" gctf^CS, LllC ill slltlll SllUW Llltl Ll'dLlLC CXIIU U1LL1 COS ul tile UWlld, tllC iiclillt: clllll ^JUot UiilUC
address uf each giautui or muitgager, aud the book and page uf Lhb recuid wheie each
sbuuiiL^ ut:t;d ttnu liiuitgagc &u lioLcu 10 ictuiucu. llic li&L sliall ut: piuuiptl^y itiuuiueu u_y
the cleik in a huuk tu be kept by him in his uffice fur thai puipuse. the name and address of such owner must be stated: (1) on the face of a properly recorded security deed or mortgage from the owner of the property; or (2) on the face of a properly recorded trans fer of such a security deed or mortgage.
(c) Within ten Jays aflei the filing uf the list piovided fui in subsecliun (b) uf this Cude suctiun, the cleik bliall tiaiibinit the list tu the cuunty sheiiff. The sheriff shall file the list in his office as a ibcuid and shall eiitei on the execution duckel uf his office the date the
li&L wcia icuciveu by linn. Hit: siitjiili blmll til&u cutci un tlit; uuukcl Lilt; dtite un wliivjli iiutiut; to Llit; uwnei ul ci scuLiiiLy Qt;t:u ui iiiOi Lgcigt;, ci& IJIUVHICLI lui 111 Llns CJuuc ftccLiun, w cl& |jcz suilclll^ QcllVtiiCLl ctllli Ull wlluill lllll wlieie ui , li Llie Llclivtuy is Ill^iut: \jy legiritd'eu
ui ceitified mail, tliti dale when it was mailed, to whum, and at whal addiess. The return receipt uf a mailing shall be filed with the list as a lecuid uf the sheiiffs office. FBI the
glVlii^ OI tllic* ilOtitc Llit; Biidliii sliiill I'SCClVu, WI16H tll.6 HOtlCc IS pKrSOlltilly u.t;liV61"6u, tilG SUIll OI ipo.UU iillu., Wllcli ClcliVci'cCi. uy I'tJ^iSLci'eu ui' Cei'tiiiKLl iiia.il, CITG SU.111 OI ipl.jiDT
\ClJ -T et;S OI Viic siitil'lll fciiiCl 01 LllG ClBl'it 01 tilt; SLtpci'lul* COLli't IO1" Sci'ViCtiS uiiCit!iL Lliis CJOu.6 S^CtlOll Sllflli ucCOiilc u. jjo.i't Oi Lliu cusLs 3.11 Cl SO&ll D6 p3.1Cl Dy COG OWll.ur OI tin3 scCui'iL^y U-t^uu. Oi' iiiui'Lfl.fe 1 6C61V111 LilG llut/iCc.
\6/ 1 116 n^iltS, llitcl ^tiLt), fciilQ StJCLii'liy ul fciii^ OVViici1 Oi ti ScCLii'iL^ Qucu. ui* IHOl*tflu COlTi-
plying with this Code section shall nut be affected by a lax sale and a Jued uf uuiiv^aiite made puisuaiil tu a tax sale uiiletss such sale ui deed IK In compliance with this Cudb section.
j JNOtlllll.^ COH.tili.Ll.tjQ Hi tlllS vJuClt;
(1) AiiGct or afoi'iilj^t: aiiy I'l^lit Oi' I'eiiieuy proviu6u by law for any own6i ot a security
u.ct;Cl ui' THOrLgfci^G WllO 131 Is 01" 116^1&CLS ItXi" &liy I'tJ&Suil tO Ill6 tlit; ii SL wilili tlic t;lci'l\. Ol tlit; ti U.pt;i'iOi' COu.i 1, ui
\i) In O-ii^y \\~dy c!I3116, flltGr, Ol" llllilL tll.6 n^ntnOrl*6Ct6111JitlOii QiiCltrT 13.W Ol pi'Ojjei'l/y SOld
SECTION 2.
Said chapter is further amended by repealing Code Section 48-3-11, relating to the form of list to be furnished by owners of mortgages and security deeds desiring to receive notice of tax executions, and inserting its place the following:
"48-3-11.
Reserved."
SECTION 3.
Said chapter is further amended by striking Code Section 48-3-19, relating to transfer of executions, and inserting in its place a new Code Section 48-3-19 to read as follows:

FRIDAY, MARCH 28, 1997

2211

"48-3-19.
(a)(l) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes and proves com pliance with subsection fc) (b) of this Code section for individual transfers or subsection (c) of this Code section for transfers in lot blocks, the officer whose duty it is to enforce the execution, upon the request of the party paying the execution, shall transfer the execution to the party so paying. The person to whom the execution is transferred shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, if, within 30 days of the transfer, the person to whom the execution is transferred has the execution entered on the general execution docket of the superior court of the county in which the execution was issued and, if the person against whom the execution was issued resides in a dif ferent county, has the execution entered on the general execution docket of the supe rior court in the county of such person's residence. In default of the required entry, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution. The provisions of this paragraph with respect to enforcement rights of the transferee shall in no manner supersede the provisions of subsection (e) of this Code section which limit the amounts which the transferee may charge for a release of the execution.
(2)(A) It shall be unlawful for any tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this paragraph are:
(i) County tax receivers, tax collectors, and tax commissioners;
(ii) Members of county boards of tax assessors;
(iii) Members of county boards of equalization; and
(iv) County tax appraisers.
(B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and his such person's successors in interest.
(C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall upon conviction be guilty of a misdemeanor.
(,u/( -LJ X116 CGu.iiLj' jJuVci"lllIl L\AlilGi i\>y OI tifl.Cll CuLiiiVy in LlllS St/lt>G fculu. tlit; ^OVt;iLiiiii^
autllOrity OI 6&CI1 xiiu.iiiCipility WltlllTr ea.Cll SuCll COUHty ili&y Sell 3ilCL triiisit;i', iii lot
ulOCKci OI tllti iij^j^i'cgfcite Di'lllClJiil.i HiiiOuxlt/ OI HOt IfiiSs Llitiii (jjlU,UL)U.UO, eAcCu.ti.OiiS ISSUGu
lOi* utJiiiiC^uciil citl V<tlOl*6Hl tfctAtJC) <lt L ulSCOuiiL Oi* CllciCOUiits nuL LO eXCetiCi. _L(J JJei'Ccilt OI
Lilt; jji'iilCipfl.1 LIUO\i.iiL cuiCl IO1" HltGrelst tlleil ClUe OH CIIG eXeCUt/lOllS.M116 Li'tiiiSIci'tJc OI
cAecutiuiib suld diul Uaiiaferred shall have the same lights, puwem, liens, and piiuii-
iit;s as uO tile ti'eHisierees ui t&X 6X6tutiuiiS ti'&HSI6rrCCl in ^.CCOi'udllCe Wltli law uiluel*
wiiiCli HO ulSCOUHt IB a.llOWt!U.. WELGii a. CllSCOU.Hl/ is allOWfed Oil tll6 Sfcilc &.iiu ti'&liSIdr 01
flliy 6At;CuLiOii8 Wlinjli 1HC1U.Q6 LttXcci utlfc tilt; stttLt;, ilO pctiL Ol'tlit; CliSCOUllX Sil3.ll ue Cle~
Jucled fiuni llm poiiiun uf the taxes payable tu tlm slate and the purtion of the aiscuuiil applicable Lu the laxtjs due the slate shall be absuibed by QUJ cumit.y ui municipality.
TliKi't; sliall iiOt be iiiuiUu.6u 111 tuiy lotrur bluCk. OI t&X feXetutiunS Sulu 3.11Q tz'aiislei'i'eu at
a. uisCOuiit tny 6Xt;CutiuilS wlilcll eXCtjeu, Oi1 111 tiny limiibei' 01 6X6uutiuxio ct^&illSt tlie
Scilllt: pGl'SOIl Oi' COi |jurfl.tlOn wliidi cXue&u., Ml JJi'iiiCipfl.! cHiiOUiiL, j&U jjei'CtJliL OI tlitr LOLd.1
priHCi|jil &iliOU.Ht ui tllG t;ACC Lit1OHS In Lilt; lot Oi' ulOClt Ol eAeCiltiOllc!.
V2j7"WIit!ilcVei* tile ulliOliii tiut/ilOi^iZeu. tu 3611 ctnu. ti'S-iiSIfel tJAcCutiOilS flt 3. ulS(^uu.iit Clctcin~
mines tu do au, a schedule uf the executions tu be so UausfeimJ, togethei wiLh the
licilllt; \JL Lilt; jjei'ciun UIT COI'J.iOJ.'tiLiOii tO WilGIll Or Lu wlliCIi Lliti 6Xtruu.liOilc> iic I/O Oe Lil&ilS-
iei'i'eCl &ilu tlTC QlStuuilt CO DG allOMfeu, Sll&ll D6 lUriliSileu iii WTltllig CO tile OinCGl

2212

JOURNAL OF THE SENATE

chaiged by law with Ilia duty of enforcing the executions tu be ti ansfei i ed. Upuu m-
Ce.ipL li'Oili tlic p ui'Cll-fcicjei1 SO u.cSi^Hfl.tcu. OI tile EtlllOUllt OI til.6 pITiiiCipil, 111161*t; tit, ctliQ
coats then due on the executions leas the dibuuuuL specified in Ihe wutlen nulicb, Hie ufficei chaiged by law with the duty uf eiifuiclng the executions shall Uansfei and deliver the executions to the person or corporation making Lhe payment. The tiaiisfeis shall lecile as the cuiislJei atiuii fui the Uausfel' the mceiyt uf the full amuunt-oftfae executions as lliuugh no discount had been allowed. The tiansfeis shall vest in the Uansfeiee and his ui its successuis and assigns the full yiiuiily uf Lhe lien and all uf tlic I'i^litc) kiiu po\v&rs tor sniorcin^ Liiti executions tuicl uulltjctiii^ tlie iu.ll cn.nou.nt 01 tlie
UA.UU LI liuiis mCl u.u.111^ pi'nlCipcll, ultei'tjSt, 3.I1CI COSts WiilCli WtJi'e <it tliti Time Ortlit: Lil fciiift"
lei' possessed 01* iitiici oy tiit! stcit&j county, city, OF in unicipslity uy, lor, or in tlie n&nis or which the executions were issued. The Uansfeiee and its buecuMSuis and dbbigiib bhall
ue Su.Oi'O^fl.ttJCl t/O 3.11 OI tile I'i^lltc! 3.11C1 pO\V61"S \VlLli i"6Sp SCt t.0 IJQ.6 6X0CTltlOHS pOStiesscu
by, or which wuuld Uini'eallei acciue tu, the state, cuuiit^, iiiuiiicipality, ui wly by, fur, ui in thb name uf which tliu uxecutiuiis weiu issued, had nu tiansfei1 been made. The
n.611 OI tilG 6X6CU1/1OI1S Siifl.ll UOL Uc uiVcSlcu. uy SLI^y stile uiiuei' fciiiy Otlici* pi'OCeSo, ju-CLidtti
ui" OLlici* wiSc, Oi' O_y tiny stilt; Lu Sfl.tiSiy 3.1iy pi'iui1 Oi tiny SUOScQUGUt/ t&X 110 II, II tll6 trtiiis-
lel't!^ licit) tll^ t:X6CU.tiOilS t'lltd'GCl OH Lilt; ~ ^6U61*li t;At;CUtlOH O.ucJk.cL OI Llie SuptJi'iOi' CUU.IL
uf lliu uuuiit^ In which Lhe tJAeuutiuiis wie ibbued and, if the puisuii against whum the
So.ill6 Wei*6 ISSUeu TeSlueS ill & cllIIfcrGIlt COUllty, ttiGll also 111 the Cuuiitj ui suCii pt;iLsuii H
l*6Slu6IlC6 WlttllH oU Q&ys OI tllG QiiLG OI tiic td'cuiSlci'St In (j.t;Ia.LilL OI tlic i'cCjU.ii*cCi etiti'y,
b-lit; tJAeCutiOilB Slicill IUBC llleii' licil UpOil fl.liy pl'upcl't^' WllICli liS.8 DtjGH trflllSIGlTCQ lU
guud faith and fui a valuable consideration befuie lliu vuliy and wUhout iiulicu uf the
KAitt;nCt; ui tile UAtjCutiGiiS.
\tj) iMottllll^ uOH 6 O1T GHllttGu tO O6 U.OZ16 Oy &fiy OlIlCci* Oi1 ciliplOytJt! OI t/lit; Sla.tt;, COLiilty,
City, OI* HlUiliCip&.lity^ t*y, lOi1 , OI1 ill tilt! 113.1ilc OI Wlmjll tilt eXcCUtlOIlS SO SOlu tHCl tl*lHS~
feiied weib issued shall prevent ot in nay way inteifeie with the collection of the full amount of the principal, interest, and ousts due un, and in accui dance with the leims uf, the executiuiis. Nu pel sun liable fui the payment uf the taxes represented by the tjXccu.t/ioiit> or clGsirm^ tor tiny reason, to piy sucii laxss sticiil bs Gutitltju. to tiiiy ct'cdit ui*
DGHGiTt trOHl OI* Oil 3.CCOUIlt OT tllfe LliSCuuiit 3.11OWt;Cl tu tile tr3.1i8Ieree OI til& 6X6CUL1O1J.8.
i. lie collection oi tlie executions siiill not u^ QtiiEiiLeQ tor tny i*6cisoii 6xcspt upon prooi
LliiiL tll6 LclX llLS D6eli ptlu OI ttlSt tI16 prOp61*ty Oil WlliCli tile t&X WtlS ctt)St;8St;Q iti eX-
for taxation U.HUGT the l&ws ot tins
(4) \. SiX. 6XeCU.tlOHS SOIQ LHC1 tr&nslt;ili*cu &\j ii u.iSCGu.ilt< ill tiCCOi*Clo.ilCt! Witli tliiS 8U.tjat!C~
tion sri'Hii iiuL DG tsiilui'CtJil L*y levy witliiii tlii'cc moiitiis or tlie cl3t6 or tlic tr3nst&f. Nuthiug in this Cude sectiuii bhall be held ui cunsLiued to affect oi impaii the lien ui piiuiit^ uf lien uf the executiuns ui tu inleifeie with the cullectiuii uf lliu executiuiib in
Any ni&init;i' Otllci1 lliclii Dy IcVy OI tllti cXtiCLltlullS. XaX t;XfeCU.tlOHS SOIQ "3.HCt 'Li'fciiiEjlcj'i'cu
ill cLCCOi'dililCt; Wltll tlilS tiUOHttCLluli Sif& HCt SUDJGCt tu tlie pi'iOi* iiutiCe pi'OVISiOIl 01 SU.D~
SeCtlOll (_&) OT tlllS'vJOCIS ^scCtiuiij pi'OviQeu, lluWcVei , tll&t uOtli tile QelenQSllt 111 II. t&. iiliu
tiie Cui'i'cilti pi^upci'ty OWilei' OI rfeCOrd SI13.il u6 llStcu. Ill S. nutiCt tu ut; puuiisiieCl. liOt leSS
than uime a week fui linen weekb during the 90 day peiiud uiiui tu lev^i in thu legal
uigaii ui LllB uuuiiL^y 111 wlndi Llic CAcuuLiun vVciri iD&ut:il.
fc) (b) No Except as provided in subsection (c), no person may pay an execution issued for ad Valorem property taxes and thereby become the transferee of such execution as pro vided in subsection (a) of this Code section if the person is not a lawful heir or an equity holder in such property unless and until:
(1) Such person has notified the individual against whom the execution has was issued by certified mail, and, with respect to single-family residences and duplexes, notified the occupant thereof by first-class mail, of his such person's intention to pay such exe cution and unless and until 60 days have elapsed since the giving of such notice; or
(2) In the event that such notice by certified mail is returned undelivered, such person shall be required to publish such notice not less than once a week for three weeks in

FRIDAY, MARCH 28, 1997

2213

the legal organ of the county in which the execution was entered on the general execu tion docket of the superior court. Such person shall be required to show proof to the tax official who issued the execution that such notice was advertised in compliance with this paragraph.
(c)(l) As used in this subsection, the term:
(A) 'Delinquent taxpayer' means the person against whom an execution has been issued.
(B) 'Execution' means an execution issued for the collection of any ad valorem taxes, fees, penalties, interest, or collection costs due the state or any political subdivision thereof.
(C) 'Governing authority' means the county governing authority when the tax execu tions have been issued for state and county taxes or a combination of state, county and city taxes; or the municipal governing authority when the tax executions have been issued for city taxes alone.
(D) 'Lot block of executions' means a group of more than one execution of which the aggregate principal amount is not less than $10,000.OCX
(E) 'Transferee' means a person paying for a lot block of executions for the purpose of having those executions and all the rights to enforce collection thereof transferred to him or her.
(F) 'Transferor' means the official holding the tax executions and authorized to col lect or transfer such tax executions.
(2) Except for transferees who provide 60 days' notice pursuant to paragraph (1) of subsection (b) of this Code section and who purchase such lot blocks of executions lor the full, undiscounted principal amount of the executions and interest due thereon,"no transferee may, within a single calendar year, pay and have transferred to such trans feree executions for which the aggregate principal amount is more than $10,000.00 without first entering into a written agreement with the transferor approved by the governing authority and entered onto the minutes at a regular meeting. Such agree ment shall include, but not be limited to, the following provisions:
(A) The aggregate principal amount of each group of executions transferred shall be in lot blocks of not less than $10,000.00;
(B) No lot block may include one or more executions against the same delinquent taxpayer that exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot block of executions transferred;
(C) In the event any execution transferred is later determined to have been issued in error, the transferee will cease and desist from all collection efforts, remove the asso ciated entries from any execution dockets on which it has been entered, remove any negative reports that may have been submitted to credit reporting agencies regaTcT ing the erroneous execution, and return the execution to the transferor. In return, the transferor shall reimburse the transferee the amount paid for the execution at the time of transfer without any additional fees, penalties, interest, and collection costs that may have been incurred by the transferee since the transfer The trans feror shall deduct such reimbursement from subsequent remittances of taxes, fees, penalties, and interest collections to the levying authorities in the same proportion as the payment received from the transferee for the execution transferred in error was disbursed. Provided, however, the transferor and the transferee may allow for the collection of certain fees, penalties, interest, or costs by the transferee from the transferor when expressly stated in the contract negotiated between the parties;
(D) The transferee shall maintain a reasonably accessible office within the State of Georgia where delinquent taxpayers may come or call to inquire about their execu tion and make arrangements to pay the same;

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JOURNAL OF THE SENATE

(E) The transferee may begin collection proceedings immediately after the transfer; however, the transferee shall, within 60 days after transfer of the executions, send a notice to each delinquent taxpayer that has not yet settled such delinquent tax payer's execution indicating the transferee is now holding such execution. Such no tice shall include, but not be limited to, the payment amount necessary to settle the execution, the rate of accumulation of additional charges authorized by law on the execution, the payment terms and options available to the delinquent taxpayer, the actions that will be taken by the transferee if the execution is not settled in a timely manner, and a statement explaining the rights of the delinquent taxpayer to stop all collection efforts if the execution has been issued in error;
(F) The transferee shall, immediately after the execution has been settled, indicate such settlement on any execution dockets where the execution has been entered and submit a statement indicating such settlement to any credit reporting agencies to which negative reports were submitted by the transferee regarding the execution;
(G) Unless otherwise provided by the agreement between transferee and transferor, prior to enforcement of the collection of transferred executions, the transferee shall performa title examination pursuant to the current Title Standards as promulgated by the Real Property Section of the State Bar of Georgia and, upon request by the governing authority, provide a copy of such title examination and related title docu ments to the sheriff of the county prior to enforcement of the transferred executions by levy and sale;
(H) Preexisting agreements under this Code section in effect prior to the effective date of this Act which were approved by the governing authority shall remain in full force and effect until termination by the governing authority; and
(I) Responsibility for amounts expended for any mailing or publication costs associ ated with notification pursuant to paragraph (3) of subsection (c) of this Code section?
(3) Before the governing authority may agree to the transfer of executions in lot blocks, rFshall notify the delinquent taxpayers of its intention to authorize such transfers. Such notice shall be sent by regular mail and shall advise the delinquent taxpayers against whom the selected executions have been issued that they have 90 days in which to pay the transferor the amount of the execution plus any fees, penalties, inter est, and costs that may have accrued or the executions will be transferred to a private company for collection. In the event that such notice sent by regular mail is returned undelivered, or the identity of the delinquent taxpayer is unknown to the governing authority, the governing authority shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execu tion was entered on the general execution docket of the superior court. In either event, tKe transferor shall not be authorized to transfer the executions until this notice has Been made and the 90 day payment period has transpired. The transferor shall be authorized to transfer the balance of the executions in the lot block that are unpaid at the expiration of the notice period even though as a result of some of the executions Being settled during the notice period subparagraphs (A) and (B) of paragraph (2) of this subsection are no longer complied with.
(4) Upon compliance with any bidding requirements that may be required by law, the governing authority shall be authorized to allow a discount of up to 10 percent of the amount of the execution; provided, however, that when a portion of the execution rep resents taxes, fees, penalty, and interest due the state, no part of the discount shall be deducted from such portion and the discount applicable to the state's portion of the execution amount shall be absorbed by the governing authority. Any discount allowed by the governing authority shall not affect the amount due under the execution and the transferee shall have the right to collect the full amount of the execution as if no dis count had been allowed.

FRIDAY, MARCH 28, 1997

2215

(d) In addition lu the piuvisiuns uf subsection (c) uf HUM Code hecliuii, iiu No person may pay an execution issued for ad valorem property taxes and thereby becomeThe transferee of such execution as provided in subsection (a) of this Code section if:
(1) The property which is the subject of the tax execution has been included among a list of properties identified recommended by the local tax official, as authuiized and approved by the local governing authority, as eligible for exclusion from transfer of execution;
(2) A public hearing has been held on the issue of excluding such property from eligibil ity for transfer of execution; and
(3) Following the public hearing, the governing authority of the county or municipality, as applicable, has, in its discretion, approved the property for exclusion from transfer of execution based on a determination that such exclusion is in the best interest of the public.
(e) The person to whom a tax execution is transferred as provided in this Code section or such person's successor or assigns shall not charge the person against whom such execu tion was issued for the release or satisfaction of such execution more than the the total of:
(1) The amount paid on the tax execution plus interest from the date of such transfer on such amount calculated at a rate not exceeding 12 percent per annum; and any
uLliei CusLsilBSUi^ldLtu wiLli tiltlilliigCFTtti aiiSlci i cu Lcui CACuuLiuii un tin^y gcntl til
CACijLiLiuii iluulvet.
(2) Unless otherwise provided by law, recording fees, and where the principal amount of tax execution exceeds $1,500.00, title search fees not to exceed $150.00, actually expended in recording the transferred execution on the general execution docket of the county in which the execution was issued and the general execution docket of the county in which the person against whom the execution was issued resides, if different from the county in which the execution was issued. If a discount from the face amount of the tax execution has been allowed the person to whom a tax execution has been transferred in accordance with subsection (c) of this Code section, the person against whom such execution was issued may be charged the full face amount of the execution plus interest and recording fees as stated in this subsection. This limitation on the amount charged for release or satisfaction of an execution shall be absolute, and it shall be unlawful to charge any other fees or charges of any kind for such a release or satisfaction."

SECTION 4.

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

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 270.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts

Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison

Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt

2216

JOURNAL OF THE SENATE

Land Langford Marable Middleton Oliver Price of 56th

Ragan Ralston Scott Starr Stokes Taylor

Those not voting were Senators:

Abernathy Blitch Bowen Brush Clay

Egan Henson Madden (excused) Perdue Price of 28th

Thomas of 54th Thomas of 10th Thompson Turner Tysinger
Ray Roberts Streat Tanksley Walker

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 270.
Senator Land of the 16th moved that Senator Crotts of the 17th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Crotts was excused.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to uniform rules of the road, so as to regulate the use of a central lane of a highway or roadway; to change certain provisions relating to speed limits in construction sites; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by adding following Code Section 40-6-125, a new Code Section 40-6126 to read as follows:
"40-6-126.
Whenever a highway or roadway has a central lane in which traffic may enter from either direction for the purposes of making a left turn, no vehicle shall be driven into such central lane except for the purpose of making a left turn, and no vehicle shall enter into such central lane at a location which is more than 300 feet from the location where the vehicle will turn left across one or more lanes of oncoming traffic. No vehicle which has been driven into such a central lane shall be operated in such central lane for more than 300 feet."
SECTION 2.
Said chapter is further amended by striking Code Section 40-6-188, relating to speed limits in construction sites, and inserting in lieu thereof the following:

FRIDAY, MARCH 28, 1997

2217

"40-6-188.
(a) The Department of Transportation arrd or the governing authority of any county or municipal corporation are is authorized to establish a maximum speed limit through any construction site located on or adjacent to any street or highway under its respective jurisdiction.
(b) Whenever speed zones are established pursuant to subsection (a) of this Code section, there shall be erected or posted a sign signage of adequate size at the beginning point of such speed zone designating the zone; and the speed limit to be observed therein, and the minimum fine far exceeding such speeir; and there shall be erected or posted at the end of such speed zone an adequate sign signage indicating the end of such speed zone, which bigii signage shall also indicate such different speed limit as may then be observed. Where the speed limit established pursuant to subsection (a) of this Code section is at least ten miles per hours hour less than the established speed limit on the street or high way, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend 'Reduce Speed Ahead.'
(c) A person convicted of exceeding the speed limit in any speed zone established pursu ant to subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both."

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 Thompson of the 33rd moved that the Senate agree to the House substitute to SB 121.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Broun of 46th Brown of 26th Burton Cheeks Dean Gillis Glanton Gochenour Griffin Guhl Harbison

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

Price of 56th Ragan Ralston Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Brush Cagle Clay Crotts (excused)

Egan Fort Madden (excused) Middleton Oliver

Price of 28th Ray Streat Thomas of 10th Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 121.

2218

JOURNAL OF THE SENATE

The following resolution was taken up to consider House action thereto:
SR 286. By Senator Thompson of the 33rd:
A resolution directing the Georgia Rail Passenger Authority to undertake cer tain studies concerning passenger rail service.
The House substitute was as follows:
A RESOLUTION
Directing the Georgia Rail Passenger Authority to undertake certain studies concerning passenger rail service; urging the Surface Transportation Board of the United States De partment of Transportation to take account of the needs of the public in consideration of any merger or acquisition involving Conrail; urging CSX Railroad to reopen railroad cross ings in Marietta; and for other purposes.
PARTI
WHEREAS, the General Assembly is cognizant that the population and the economy of many Georgia communities have grown rapidly over recent years and are expected to con tinue to grow; and
WHEREAS, this growth has brought an ever-increasing demand for intercity travel among the various communities and cities of Georgia, continued growth in commuter traffic in our metropolitan regions, and the rapidly expanding movement of goods throughout our state; and
WHEREAS, this continued growth in travel has and will have substantial effects upon both the economic vitality of our state and the quality of life for our citizens, thus making critical the need for developing and implementing alternative transportation systems; and
WHEREAS, it has become increasingly clear that providing sufficient highway capacity to handle increased travel demand and economic activity is constrained by high cost, physical limitations of available rights of way, and environmental considerations; and
WHEREAS, there exists a unique opportunity to provide the impetus for developing new methods of travel for intercity travelers and commuters as a means of sustaining and en hancing the economy of Georgia and meeting the transportation needs of its growing popu lation; and
WHEREAS, intercity and commuter rail passenger service could significantly benefit the state by removing substantial automobile traffic from the highway system during periods of peak congestion with attendant reductions in automobile emissions and improvements in air quality; and
WHEREAS, intercity and commuter rail passenger service also would benefit users by pro viding safe, economical, reliable, and pleasant business or pleasure travel that is competi tive with automobile travel; and
WHEREAS, high quality rail freight service is also vital to the future economic well-being and continued growth of the state; and
WHEREAS, existing railroad rights of way already in place could accommodate rail pas senger service for the benefit of the state's economy, and passenger and freight service within the same tracks and rights of way with expanded capacity can be made compatible; and
WHEREAS, improved rail systems for moving both passengers and freight are in the eco nomic best interest of the state and its citizens, including the railroads.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Rail Passenger Authority is authorized and directed to undertake appro priate studies and meetings with CSX Transportation and the Norfolk Southern Corpora tion that will provide essential information necessary for the implementation of passenger

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rail service, both commuter and intercity, that addresses the scheduling, needed track and signal improvements, and other related data, including financial needs. This study shall include an evaluation of the feasibility of intercity and commuter rail service involving at a minimum the areas of Albany, Columbus, Macon, Savannah, Athens, Augusta, Atlanta, Rome, Dalton, Brunswick, Jesup, Statesboro, Gainesville, Waycross, Jacksonville, Fitzger ald, Bainbridge, Cairo, Thomasville, Valdosta, Lavonia, 1-85 North Corridor, Summerville, and Chickamauga. The Georgia Rail Passenger Authority shall provide a report of its anal ysis, findings, and recommendations to the Rail Passenger Overview Committee on or before January 1, 1998. This is not meant to duplicate any study or work having been done by the Department of Transportation.
PART II
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 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.

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PART III

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Georgia Rail Passenger Authority.
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, and to CSX.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House Substitute to SR 286 by adding at the end of Part II thereof the following:

"PART III

WHEREAS, the State of Georgia currently leases certain property to the CSX Railroad in the State of Georgia for the operation of a railroad; and
WHEREAS, said leased property runs through the City of Marietta and crosses certain rights of way within the City of Marietta; and
WHEREAS, the CSX railroad has unilaterally closed two of these public crossings, to the extreme detriment of the public, local businesses, and those covered by the Americans with Disabilities Act; and
WHEREAS, CSX did not notify any elected officials or local governments; and
WHEREAS, the State of Georgia feels that said closings are not in the best interest of the citizens of the City of Marietta, Cobb County, or the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that CSX is urged to immediately reopen the public crossings at Dobbs Street and Depot Street in Marietta. Georgia."
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears
Brown of 26th Burton Cagle Cheeks Dean Gillis Glanton Gochenour Griffin Guhl
Harbison

Henson Hill Hooks
Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Marable Middleton Oliver Perdue

Price of 28th Price of 56th Ragan
Ralston Ray Scott Starr Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Bowen Broun of 46th Brush Clay Crotts (excused)

Egan Fort Land Langford Madden (excused)

Roberts Stokes Streat Thomas of 10th Walker

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On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 286 as amended by the Senate.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 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.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 840. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to pro vide for the offense of vandalism to a cemetery or memorial.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 216. By Representatives Connell of the 115th and Williams of the 114th:
A bill to amend an Act creating the Augusta-Richmond County Coliseum Au thority, so as to provide for appointment of members.
The House insists on its position in amending the following bill of the Senate:
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.
The following resolution was read and adopted:
SR 456. By Senators Hooks of the 14th, Walker of the 22nd, Gillis of the 20th and others:
A resolution congratulating and commending Alan Essig.
The following bill was taken up to consider House action thereto:
SB 80. By Senators Taylor of the 12th, Brown of the 26th, Thomas of the 10th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to enact the "Drug Dealer Liability Act"; to provide a statement of purpose; to define terms; to establish who may bring an action; to provide for a standard of proof; to establish presumptions; to provide

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for the recovery of damages; to provide for the accrual of an action; to provide for limitations; to provide for joinder under certain circumstances.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to enact the "Drug Dealer Liability Act"; to provide a statement of purpose; to define terms; to establish who may bring an action; to provide for a standard of proof; to establish presumptions; to provide for the recovery of damages; to provide for the accrual of an action; to provide for limitations; to provide for joinder under certain circumstances; 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 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by adding a new Code section at the end of said chapter to read as follows:
"51-1-46.
(a) This Code section shall be known and may be cited as the 'Drug Dealer Liability Act.'
(b) The General Assembly finds and declares that every community in Georgia is im pacted by the marketing and distribution of illegal drugs. The purpose of this Code sec tion is to provide a civil remedy for damages to persons in a community injured as a result of illegal drug use. Those persons include parents, employers, insurers, govern mental entities, and others who pay for drug treatments, as well as infants injured as a result of exposure to drugs in utero. This Code section will enable them to recover from those persons in the community who have joined the illegal drug market. A further pur pose of this Code section is to shift, to the extent possible, the cost of the damage caused by the existence of the illegal drug market in a community to those who illegally profit from that market. Another purpose of this Code section is to establish the prospect of substantial monetary loss as a deterrent to those who have not yet entered into the ille gal drug distribution market.
(c) As used in this Code section, the term:
(1) 'Controlled substance' means that term as defined by paragraph (4) of Code Section 16-13-21. For the purpose of this Code section, the term 'controlled substance' shall include marijuana as defined by paragraph (16) of Code Section 16-13-21.
(2) 'Individual drug abuser' means an individual who uses a controlled substance that is not obtained directly from or pursuant to a valid prescription or order of a practi tioner who is acting in the course of the practitioner's professional practice or which use is not otherwise authorized by state law.
(3) 'Level one participation' means participating in illegal marketing of less than 50 grams of a mixture containing a specified controlled substance or of one or more pounds or 25 or more plants, but less than four pounds or 50 plants, of marijuana.
(4) 'Level two participation' means participating in illegal marketing of 50 or more grams, but less than 225 grams, of a mixture containing a specified controlled sub stance or of four or more pounds or 50 or more plants, but less than eight pounds or 75 plants, of marijuana.
(5) 'Level three participation' means participating in illegal marketing of 225 or more grams, but less that 650 grams, of a mixture containing a specified controlled sub stance or of eight or more pounds or 75 or more plants, but less than 16 pounds or 100 plants, of marijuana.

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(6) 'Level four participation' means participating in illegal marketing of 650 or more grams of a mixture containing a specified controlled substance or of 16 or more pounds or 100 or more plants of marijuana.
(7) 'Market area' means the area in which a person is presumed to have participated in illegal marketing of a market area controlled substance.
(8) 'Market area controlled substance' means a specified controlled substance or marijuana.
(9) 'Participate in illegal marketing' means doing any of the following in violation of state or federal law:
(A) Manufacturing, distributing, or delivering or attempting or conspiring to manu facture, distribute, or deliver, a controlled substance; or
(B) Possessing or attempting or conspiring to possess a controlled substance with the intent to manufacture, distribute, or deliver a controlled substance.
This definition shall not include any licensed practitioner who is acting in the course of the practitioner's professional practice.
(10) 'Person' means an individual, governmental entity, sole proprietorship, corpora tion, limited liability company, firm, trust, partnership, or incorporated or unincorpo rated association existing under or authorized by the laws of this state, another state, or a foreign country.
(11) 'Practitioner' means that term as defined in paragraph (23) of Code Section 16-1321.
(d)(l) A person injured by an individual drug abuser may bring an action under this Code section for damages against a person who participated in illegal marketing of the controlled substance used by the individual abuser. In an action brought under this Code section, participation in illegal marketing shall be proven by clear and convincing evidence.
(2) If a plaintiff in an action under this Code section proves that the defendant partici pated in illegal marketing of a market area controlled substance actually used by the individual abuser who injured the plaintiff, the defendant is presumed to have injured the plaintiff and to have acted willfully and wantonly if the plaintiff is one of the following:
(A) A parent, legal guardian, child, spouse, or sibling of the individual abuser;
(B) A child whose mother was an individual abuser while the child was in utero;
(C) The individual abuser's employer; or
(D) A medical facility, insurer, governmental entity, or other legal entity that finan cially supports a drug treatment or other assistance program for, or that otherwise expends money or provides unreimbursed service on behalf of, the individual abuser.
(e)(l) A plaintiff under paragraph (2) of subsection (d) of this Code section may prove that a defendant participated in illegal marketing of the market area controlled sub stance used by the individual abuser who injured the plaintiff by proving both of the following:
(A) The defendant was participating in the illegal marketing of the market area con trolled substance at the time the individual abuser obtained or used that market area controlled substance; and
(B) The individual abuser obtained or used the market area controlled substance, or caused the injury, within the defendant's market area.
(2) If a person participated in illegal marketing of a market area controlled substance, the person's market area for that controlled substance is the following:
(A) For level one participation, each county in which the person participated in ille gal marketing;

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(B) For level two participation, each market area described in subparagraph (A) of this paragraph plus all counties with a border contiguous to each of those market areas.
(C) For level three participation, each market area described in subparagraph (B) of this paragraph plus all counties with a border contiguous to each of those market areas; and
(D) For level four participation, the state.
(f)(l) If a defendant under this Code section has a criminal conviction under state or federal law for an act that constitutes participation in illegal marketing of a controlled substance under this Code section, that person is conclusively presumed to have par ticipated in illegal marketing of a controlled substance for the purposes of this Code section.
(2) If a defendant is proved or presumed to have participated in illegal marketing of a controlled substance, that defendant is presumed to have participated during the two years before and the two years after the date of the participation or conviction, unless the defendant proves otherwise by clear and convincing evidence.
(3) In addition to each county in which a defendant is proved to have actually partici pated in illegal marketing of a controlled substance, the defendant is presumed to have participated in each county in which the defendant resides, attends school, is em ployed, or does business during the period of participation. In addition to the counties in which the individual abuser is presumed to have obtained or used the controlled substance, the individual abuser is presumed to have obtained or used the controlled substance in each county in which the individual abuser resides, attends school, or is employed during the period of the individual's abuse of that controlled substance, un less the defendant proves otherwise by clear and convincing evidence.
(g)(l) A person who is entitled to a recovery under this Code section may recover eco nomic, noneconomic, and exemplary damages and reasonable attorney's fees and costs, including, but not limited to, reasonable expenses for expert testimony.
(2) A third party shall not pay damages awarded under this Code section or provide a defense or money for a defense on behalf of an insured under a contract of insurance or indemnification.
(h) A cause of action accrues under this Code section when a person who may recover has reason to know of the harm from use of an illegally marketed controlled substance that is the basis for the cause of action and has reason to know that the controlled substance used is the cause of the harm.
(1)(l) A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this Code section.
(2) On motion by a governmental agency involved in a controlled substance investiga tion or prosecution, an action brought under this Code section shall be stayed until the completion of the investigation or prosecution that gave rise to the motion for a stay of the action.
(3) An action shall not be brought under this Code section against a law enforcement officer or agency or a person acting in good faith at the direction of a law enforcement officer or agency for participation in illegal marketing of a controlled substance if that participation is in furtherance of an official investigation.
(j)(l) Two or more persons may join in one action under this Code section as plaintiffs if their respective actions have at least one market area of illegal marketing activity in common.
(2) Two or more persons may be joined in one action under this chapter as defendants if those persons are liable to at least one plaintiff.
(3) A plaintiff need not be interested in obtaining and a defendant need not be inter ested in defending against all the relief demanded. Judgment may be given for one or

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2225

more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities."

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 moved that the Senate agree to the House substitute to SB 80.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Gillis Gochenour

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

Marable Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Tanksley Taylor Thomas of 54th Turner

Those not voting were Senators:

Abernathy Boshears Brush Egan Fort Glanton

Hill Madden (excused) Middleton Oliver Perdue Stokes

Streat Thomas of 10th Thompson Tysinger Walker

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 80.
The following bill was taken up to consider House action thereto:

HB 490. By Representatives Royal of the 164th, Walker of the 141st and Reichert of the 126th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedure for imposing the special county 1 percent sales and use tax, so as to provide for additional notice requirements.
The House amendment was as follows:
Amend the Senate substitute to HB 490 by striking line 1 of page 1 through line 20 of page 2 and inserting in their place the following:
"To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sale and use taxes, so as to provide for an additional exemption for certain components of machinery used directly in the manufacture of tangible personal property; to provide for an additional exemption for the sale of certain machinery and equipment incorporated into any telecommunications manufacturing facility; to provide for conditions and limita tions; to provide for additional notice requirements for the imposition of the special

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county 1 percent sales and use tax; to provide for an effective date; to provide for applica bility; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 8 of Title 48 of the Official Code of Georgia, relating to sale and use taxes, is amended by striking subparagraph (A) of paragraph (34) of Code Section 48-8-3, relating to exemptions, and inserting in lieu thereof the following:
'(A) Machinery, including components thereof, which is used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade ma chinery in a manufacturing plant presently existing in this state;'

SECTION 2.

Said chapter is further amended in Code Section 48-8-3, relating to exemptions from state sales and use taxation, by striking the period at the end of paragraph (58) thereof and inserting in its place a semicolon, inserting '; or' at the end of paragraph (59) thereof, and adding thereafter a new paragraph (60) to read as follows:
'(60) The sale of machinery and equipment which is incorporated into any telecommuni cations manufacturing facility and used for the primary purpose of improving air quality in advanced technology clean rooms of Class 100,000 or less, provided such clean rooms are used directly in the manufacture of tangible personal property.'

SECTION 3.

Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 48-8-111, relating to procedure for imposing the special county 1 percent sales and use tax, and inserting in lieu thereof the following:
'(a) Whenever Prior to the vote of a county governing authority to impose the tax under this article, such governing authority shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the county. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authori ties of the county and of each municipality are to meet to discuss the possible projects for inclusion in the referendum, including municipally owned or operated projects. The no tice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, a county governing authority votes voting to impose the tax authorized by this article, the governing authuiiLy shall notify the county election super intendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolu tion shall specify:'.

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 Starr of the 44th moved that the Senate agree to the House amendment to the Senate substitute to HB 490.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch

Boshears Bowen

Broun of 46th Burton

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Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Guhl Harbison Henson Hill

Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Perdue Price of 28th

Voting in the negative was Senator Price of the 56th.

Those not voting were Senators:

Abernathy Brown of 26th Brush Fort

Griffin Hooks Madden (excused)

Ragan Ralston Ray Roberts Scott Stair Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger
Stokes Streat Walker

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 490.
The following bill was taken up to consider up to consider House action thereto:

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.

The House amendment was as follows: Amend the Senate substitute to HB 377 by striking "60" and inserting in lieu thereof "30" on line 27 of page 7. By striking lines 1 and 2 of page 15 and inserting in lieu thereof the following:
"for good cause and must be held by the court with a jury unless waived by the claimant." By striking lines 9 and 10 of page 16 and inserting in lieu thereof the following:
"for good cause and must be held by the court with a jury unless waived by the claimant." Senator Taylor of the 12th moved that the Senate agree to the House amendment to
the Senate substitute to HB 377. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton

Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton

Gochenour Griffin Guhl Harbison Henson Hill Huggins James

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

Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott

Starr Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Fort Hooks Marable

Perdue Ragan Stokes

Streat Thomas of 10th Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 377.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate amendment to HB 250 by striking in its entirety the Langford of the 29th amendment, which reads as follows:
"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' ".
Senator Henson of the 55th moved that the Senate agree to the House amendment to the Senate amendment.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Glanton Gochenour Guhl Harbison Henson Huggins James Johnson of 2nd Kemp Lamutt Land Langford Marable Middleton

Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Turner Tysinger

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Those not voting were Senators:

Abernathy Brush Fort Griffin Hill (excused)

Hooks Johnson of 1st Madden Oliver (excused) Perdue

Ragan Streat Thomas of 10th Thompson (excused) Walker

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Langford amendment to HB 250.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows: Amend SB 132 by striking from line 39 of page 7 the word "and" and inserting in lieu thereof the word "or". By adding on line 3 of page 9 between the number "20" and the period the following:
"when necessary for the discharge of their official duties".
Senator Starr of the 44th moved that the Senate agree to the House amendment to SB 132.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis

Glanton Gochenour Griffin Guhl Harbison Huggins James Johnson of 2nd Kemp Land Langford Madden Marable Middleton

Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Fort Henson Hill (excused)

Hooks Johnson of 1st Lamutt Oliver (excused) Perdue

Streat Thomas of 10th Thompson (excused) Walker

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 132.
The following bill was taken up to consider House action thereto:

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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.
Senator Brush of the 24th moved that the Senate insist on its substitute to HB 233.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 233.
The following bill was taken up to consider House action thereto:
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 for City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age or over.
Senator Egan of the 40th moved that the Senate insist on its substitute to HB 535.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 535.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for a short title; to provide for definitions; to create the State Personnel Oversight Commission and provide for its composition, ap pointment, organization, vacancies, assignment for administrative purposes, meeting facil ities, and duties; to provide for members of such commission and their qualifications, terms, and allowances; to provide for records of such commission members; to prohibit cer tain personnel actions which result in involuntary separation from state employment with out approval of such commission; to require state employers to notify the commission of proposed involuntary separations and provide for continued employment pending the com pletion of procedures to obtain positions of continued employment; to provide for conditions of continued employment and offers of such employment and consequences of failing to accept such offers; to provide for sanctions for failure to make certain responses; to provide standards for commission decisions; to provide for conditions for involuntary separations and employer sanctions relating thereto; to limit certain governmental reorganizations and provide for employment transfers relating thereto and for failure to accept such transfers; to provide that certain reorganizations and terminations resulting therefrom are void; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by inserting at the end thereof a new chapter to read as follows:
"CHAPTER 24
45-24-1.
This chapter shall be known and may be cited as the 'Governmental Reorganization and Termination from Employment Reform Act of 1997.'
45-24-2.
As used in this chapter, the term:
(1) 'Commission' means the State Personnel Oversight Commission.
(2) 'Employer' means an employing unit within the government of the State of Georgia, including every department, commission, board, bureau, agency, branch of govern ment, or any other employing unit by whatever name called, which has the authority and power to appoint, employ, release, separate, or fail to reappoint public officers or employees.
(3) 'Involuntary separation' means the release or separation from state service of an officer or employee who is entitled to coverage under the involuntary separation retire ment benefits provisions of Code Section 47-2-123.
(4) 'State department' means a unit of state government which is a budget unit in the General Appropriations Act.
45-24-3.
(a) There is created the State Personnel Oversight Commission to be composed of three members appointed by the President of the Senate, three members appointed by the Speaker of the House of Representatives, and three members appointed by the Governor. The Governor shall appoint one of the Governor's appointees as chairperson. Five mem bers of the commission shall constitute a quorum for the transaction of business. None of the members shall be officers or employees of the state. The President of the Senate shall designate one of such officer's initial appointees to serve an initial term of one year, one of such officer's initial appointees to serve an initial term of three years, and one of such officer's initial appointees to serve an initial term of five years. The Speaker of the House of Representatives shall appoint one of such officer's initial appointees to serve an initial term of two years, one of such officer's initial appointees to serve an initial term of four years, and one of such officer's initial appointees to serve an initial term of five years. The Governor shall appoint one of such officer's initial appointees to serve an initial term of one year, one of such officer's initial appointees to serve an initial term of two years, and one of such officer's initial appointees to serve an initial term of three years. After the expiration of such initial terms of office, successors to members of the commission whose initial terms of office expire and all future successors to members of the commission whose terms of office expire shall be appointed by the person occupying the office which made the original appointment and shall serve for a term of five years and until the appointment and qualification of their respective successors. Vacancies on the commission, except those caused by expiration of term, shall be filled by the appoint ment of a replacement member by the person occupying the office which made the ap pointment to the membership position on the commission which became vacant, and the person so appointed shall serve for the remainder of the unexpired term and until the appointment and qualification of a successor.
(b) The members of the commission shall serve without compensation but shall receive the allowances authorized for legislative members of interim legislative committees. The

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Governor's office shall maintain the names and addresses of the members of the commis sion as a matter of public record. The Georgia Building Authority shall make available to the commission such meeting facilities as the chairperson may request. The commis sion shall be assigned to the Employees' Retirement System of Georgia for administra tive purposes only, as defined in Code Section 50-4-3.
45-24-4.
From and after July 1, 1997, no employer shall cause the involuntary separation of a state officer or employee without the prior approval of the commission. An employer may proceed with a reorganization which might result in such involuntary separation without prior approval of the commission upon compliance with Code Section 45-24-8.
45-24-5.
An employer contemplating the involuntary separation from state service of an officer or employee shall notify the chairperson of the commission at least 90 but not more than 120 days prior to the proposed date of the separation. Pending the completion of such procedures, the employee or officer proposed for termination shall be compensated from any funds appropriated or available to the employer which may be used for such purpose. The notice shall be in writing and shall include the following information:
(1) The name and current annual compensation of the officer or employee proposed for involuntary separation;
(2) The age, length of service, current job description, and summary of the work experi ence of the officer or employee proposed for involuntary separation;
(3) The educational qualifications of the officer or employee proposed for involuntary separation; and
(4) An explanation of the reasons for the proposed involuntary separation of the officer or employee.
45-24-6.
(a) The commission shall provide written notice of each contemplated involuntary sepa ration to each chief executive officer of each state department, which notice shall contain the information required in the notice to the commission under Code Section 45-24-5 and be provided at least 60 days prior to the effective date of the contemplated involuntary separation. Within 21 days after such notice is sent by first-class mail, each such depart ment chief executive officer shall provide a written response to the commission regarding whether or not such department has available any position of continued employment for that official or employee proposed for termination from employment which may meet the requirements of paragraphs (1) through (3) of subsection (a) of Code Section 45-24-8. A failure of a department chief executive officer to provide a written response in accordance with the provisions of this subsection shall result in that chief executive officer's depart ment becoming ineligible to have any increase in the number of employees in such de partment for the next two fiscal years, shall authorize the commission to require that chief executive officer to appear and testify before any meeting of the commission sched uled in accordance with subsection (c) of this Code section, and shall also authorize the commission to obtain a writ of mandamus against such chief executive officer to compel the performance of any duties imposed by this subsection upon such officer.
(b) If any response provided under subsection (a) of this Code section shows the availabil ity of continued employment, the commission shall meet within 14 days after the re sponse deadline to determine whether the continued employment indicated in any response meets the requirements of paragraphs (1) through (3) of subsection (a) of Code Section 45-24-8. If the commission determines such response meets those requirements, it shall offer continued employment in that position to the officer or employee on whose behalf the response was obtained; otherwise, the commission shall proceed as provided in subsection (c) of this Code section. Any official or employee who is thus offered a position of continued employment shall be deemed to have resigned from service at his or her own choice upon that person's failure to accept the position of continued employment, and no

FRIDAY, MARCH 28, 1997

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such official or employee so resigning from service shall qualify for retirement benefits based upon involuntary separation from employment without prejudice.
(c) If none of the responses obtained from department chief executives under subsection (a) of this Code section shows availability of continued employment meeting the require ments of paragraphs (1) through (3) of subsection (a) of Code Section 45-24-8, the com mission chairperson shall schedule a meeting of the commission to review the release or separation. Five members of the commission shall be a quorum. At the meeting, the employer shall have the burden of convincing the commission that the involuntary sepa ration is necessary, justified, and in the best interests of the state. The commission may request as much information and may meet as many times on each case as it deems necessary to reach an informed decision. No action shall be taken on the separation of the officer of employee until the commission makes a final determination as to whether the separation is necessary, justified, and in the best interests of the state.
45-24-7.
If the commission by majority vote of those members present approves the involuntary separation, the employer is authorized, but not required, to proceed with the separation. If the employer proceeds with such separation, the employer shall not be eligible to have any increase in the number of employees in that employing unit for the next two fiscal years. If the commission rejects the involuntary separation, the employee shall not be separated, shall continue to be employed and compensated by the employer, and shall not be the subject of a proposed involuntary separation more than once every two years. As used in this subsection, the term 'number of employees' means the total number of employees immediately prior to the involuntary separation, not counting any employee to be involuntarily separated.
45-24-8.
(a) No employer shall institute a reorganization of that employer or any component thereof if the reorganization will result in the involuntary separation of any official or employee thereof who is eligible for involuntary separation unless, prior to that reorgan ization becoming effective, that employer effects a transfer of each such official or em ployee to another component of the employer not subject to such reorganization or obtains a transfer of each such official or employee to another employer, which transfer shall meet the following requirements:
(1) The annual compensation for the new employment position is the same or greater than the current annual compensation of the official or employee being transferred;
(2) The duties and responsibilities for such position shall be reasonably compatible with the previous work experience and educational qualifications of the official or em ployee being transferred and the availability of an unclassified position for a person in a classified position shall be deemed a comparable position if the duties, responsibili ties, and compensation of the unclassified position are otherwise comparable to the classified position; and
(3) The position is one which includes the holder thereof as a member of the Employ ees' Retirement System of Georgia.
(b) An official or employee transferred to an employer pursuant to this Code section shall be deemed to have resigned from service at his or her own choice upon the failure of such person to accept the transfer and shall therefor not qualify for retirement benefits based upon involuntary separation from employment without prejudice.
(c) A reorganization by an employer in violation of this Code section is void, and no offi cial or employee shall be separated from employment as a result of such void reorganiza tion, whether or not that person is eligible for involuntary separation."
SECTION 2.
In the event any section , subsection, sentence, clause, or phrase of this Act shall be de clared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect

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the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 3.

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 4.

All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate agree to the House substitute to SB 271.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan Gillis Glanton
Gochenour

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

Oliver Perdue Price of 28th Price of 56th Ragan Ray Roberts Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Cagle Fort Hooks

Langford Ralston Scott

Streat Thomas of 10th Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 271.
The following bill was taken up to consider House action thereto:

HB 840. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to pro vide for the offense of vandalism to a cemetery or memorial.
Senator Johnson of the 2nd moved that the Senate insist on its substitute to HB 840. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 840.
The following bill was taken up to consider House action thereto:

FRIDAY, MARCH 28, 1997

2235

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.

The House amendment was as follows:
Amend the Senate substitute to HB 918 by striking in their entirety lines 19 through 21 on page 1 and inserting in lieu thereof the following:
"(i) Effective January 1, 1998, $39,0000.00; and
(ii) Effective January 1, 1999, $44,000.00;"
Senator Brush of the 24th moved that the Senate agree to the House amendment to the Senate substitute to HB 918.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th 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

Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ray Roberts Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Egan Fort

Ralston Scott Streat

Thomas of 10th Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 918.
Senator Lamutt of the 21st moved that Senator Streat of the 19th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Streat was excused.
The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:

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A BILL
To be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change the provisions relating to the liability of succeeding employer and computation of rate of contributions; to change the provisions relating to the authority of the Commissioner of Labor to estimate contributions due from employers; to change a certain reference; to provide for the deduction and with holding of certain unemployment compensation payable to an individual who owes and uncollected overissuance pursuant to the federal Food Stamp Act of 1977, as amended; to define a certain term; to provide for certain disclosures with respect to uncollected overissuances; to provide for payments of amounts deducted to the Department of Human Re sources or the successor state food stamp agency; to provide for the consideration of such amounts deducted; to provide that the provisions of this Act relating to the deduction and withholding of certain unemployment compensation payable to an individual who owes an uncollected overissuance shall apply only if arrangements have been made for reimburse ment of the administrative costs incurred by the Commissioner of Labor which are attribu table to the repayment of uncollected overissuances; to change the provisions relating to the effective date and automatic repeal of an Act amending Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, approved April 13, 1994 (Ga. L. 1994, p. 1152); to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," is 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 which the acquisition occurred. The rate of contributions applicable to the successor be ginning on the first day of the quarter following the acquisition will be determined by the combined experience of the predecessor and successor as of the applicable computation date; provided, however, the experience of the predecessor shall not be combined with that of the successor for purposes of rate calculation if the predecessor's rate of contribu tions 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 results in a reduction of rates."
SECTION 1.5.
Said chapter is further amended by striking paragraph (2) of subsection (g) of Code Section 34-8-170, relating to the authority of the Commissioner of Labor to estimate contributions due from employers, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) In levying the assessment, the Commissioner may demand a deposit of such security as the Commissioner deems necessary to ensure compliance with the department, includ ing additional security from time to time, but not more frequently than monthly, in the amount of accumulating interest. The deposit of sufficient security to ensure compliance shall stay other collection action by the Commissioner while the assessment is under review. The deposit of the sufficient security shall not be a condition for the exercise of the review and appeal rights of the employer pursuant to this chapter. The filing of a petition for reassessment shall not stay collection action by the Commissioner while the assessment is under review but shall stay the sale of all property other than perishable goods seized by the Commissioner pursuant to the collection action until a final decision

FRIDAY, MARCH 28, 1997

2237

from a hearing pursuant tu this chapter is issued by the Office of State Administrative Appeals Hearings."
SECTION 2.
Said chapter is further amended by adding at the end of Article 7, relating to benefits, a new Code Section 34-8-199 to read as follows:
(a) As used in this Code section, the term:
(1) 'Uncollected overissuance' has the same meaning as provided in 7 U.S.C Section 2022 (c)(l).
(2) 'Unemployment compensation' means any compensation payable under this chap ter including amounts payable by the Commissioner pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.
(b) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not he or she owes an uncollected overissuance of food stamp coupons. The Commissioner shall notify the Department of Human Re sources or the successor state food stamp agency enforcing such obligation of any individ ual who discloses that he or she owes such uncollected overissuance and who is determined to be eligible for unemployment compensation.
(c) The Commissioner shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance:
(1) The amount specified by the individual to the Commissioner to be deducted and withheld as provided by this Code section;
(2) The amount, if any, determined pursuant to an agreement submitted to the Depart ment of Human Resources or the successor state food stamp agency under 7 U.S.C. Section 2022 (c)(3)(A); or
(3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to 7 U.S.C. Section 2022 (c)(3)(B).
(d) Any amount deducted and withheld pursuant to this Code section shall be paid by the Commissioner to the Department of Human Resources or the successor state food stamp agency.
(e) Any amount deducted and withheld under subsection (d) of this Code section shall for all purposes be treated as if it were paid to the individual as unemployment compensa tion and paid by such individual to the Department of Human Resources or the successor state food stamp agency as repayment of the individual's uncollected issuance.
(f) This Code section applies only if arrangements have been made for reimbursement by the Department of Human Resources or the successor state food stamp agency for the administrative costs incurred by the Commissioner under this Code section which are attributable to the repayment of uncollected overissuances to the Department of Human Resources or the successor state food stamp agency."
SECTION 3.
An Act amending Chapter 10 of Title 34 of the Official Code of Georgia Annotated, relating to labor pools, approved April 13, 1994 (Ga. L. 1994, p. 1152), is amended by striking Sec tion 7 thereof and inserting in its place the following:
"SECTION 7.
This Act shall be repealed in its entirety July 1, 2000, if funds have not been specifically appropriated for purposes of this Act on or before such date."

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SECTION 4.

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

Senator Langford of the 29th moved that the Senate agree to the House substitute to SB 148.

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

Those not voting were Senators:

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

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

Middleton Perdue Price of 28th Price of 56th
Ragan Ray Roberts Starr Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Fort Griffin Henson

James Oliver Ralston Scott

Stokes Streat (excused) Thomas of 10th Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 148.
The following bill was taken up to consider the Conference Committee Report thereto:
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 Conference Committee Report was as follows:

FRIDAY, MARCH 28, 1997

2239

COMMITTEE OF CONFERENCE REPORT ON SB 91

The Committee of Conference on SB 91 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 91 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Hugh Gillis, Sr. 20th District

/s/ Representative Jimmy Lord 121st District

Is/ Senator Paul C. Broun 46th District

Is/ Representative Roy E. Barnes 33rd District

Is/ Senator Van Streat 19th District

/s/ Representative Charlie Smith, Jr. 175th District

COMMITTEE OF CONFERENCE 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 provide for inclusion of certain county officers in certain health plans; to authorize the State Per sonnel Board to contract with the County Officers Association of Georgia for the participa tion of certain county officers in any health insurance plan or plans established 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 payments from county employees, retirees, and dependents; to provide for contributions and deductions; to pro vide that nothing in this Act shall preclude the exercise of any options or rights otherwise available to certain county officers under other state or federal laws which relate to exten sion or continuation of health benefits; to provide that employees of the Sheriffs' Retire ment Fund of Georgia shall be eligible to participate in the state employees' health insurance plan; to provide for related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
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 striking in its entirety Code Section 45-18-5, relating to county employees, and inserting in lieu thereof the following:
"45-18-5.
(a) The board is authorized to contract with the various counties of this state for the inclusion of the employees of any county within any health insurance plan or plans estab lished under this article. The various counties of this state are authorized to contract with the board as provided in this Code section. In the event that any such contract is entered into, it shall be the duty of any counties so contracting to deduct from the salary or other compensation of its employees such payment as may be required under any health insurance plan and to remit the same to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such county or counties to make the employer contributions required for the operation of such plan or plans.
(b) If a county does not offer or provide a health insurance plan, health maintenance organization, or other health benefits plan for its county officers, then such county of ficers, by majority vote, may elect to be included in any health plan or plans established

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under this article. The county commissioners of a county may elect by majority vote to provide for payment in a uniform manner of any portion, all, or none of the required premiums or payments due from the county officers or former county officers who under this Code section are eligible for inclusion in the health plan or plans established under this article. 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 depen dents of employees serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or parttime state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the board of commissioners; and employees, spouses, and dependents of employees leaving employment on or after December 31, 1996, who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commis sioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the board of commissioners. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section 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 this subsection 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 Association of Georgia to maintain and remit to the board accurate records of employee, dependent, and other information required by the board to administer this Code section.
(c) 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, full-time or part-time state court judge, solicitor, or solicitorgeneral, chief magistrate, or full-time chairperson of the board of commissioners; and employees, spouses, and dependents of employees leaving employment on or after December 31, 1996, 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, full-time or part-time state court judge, solicitor, or solicitor-general, chief magis trate, or full-time chairperson of the board of commissioners. The County Officers Asso ciation 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 com pensation 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 em ployees and former employees for the operation of such plan or plans?
(d) 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?
(e) Nothing in this Code section shall preclude the exercise of any options or rights other wise available to such county officers under other state or federal laws which relate to extension or continuation of health benefits."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 45-18-7.3, relating to employees of the Peace Officer's Annuity and Benefit Fund and the Georgia Firemen's Pension Fund, and inserting in lieu thereof the following:

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2241

"45-18-7.3.

The board is authorized to contract with the Peace Officers' Annuity and Benefit Fund, and Georgia Firemen's Pension Fund, and the Sheriffs Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers' Annuity and Benefit Fund, and Georgia Firemen's Pension Fund, and Sheriffs Retirement Fund of Georgia and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers' Annuity Benefit Fund, and Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia to deduct from the salary or other remuneration of its their employees such payment as may be required under the board's regu lations. In addition, it shall be the duty of said Peace Officer's Annuity and Benefit Fund, and Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia to make the employer contributions required for the operation of such plan or plans."

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.
Senator Gillis of the 20th moved that the Senate adopt the Conference Committee re port on SB 91.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Gochenour Griffin

Guhl Harbison Hill Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th

Price of 56th Ragan Ralston Ray Roberts Starr Stokes Tanksley Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Brown of 26th Brush Egan

Fort Henson Hooks James Langford

Perdue Scott Streat (excused) Taylor Thomas of 10th

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 91.

The following bill was taken up to consider House action thereto:

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

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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.
Senator Hooks of the 14th moved that the Senate adhere to its disagreement to the House amendment to SB 349 and that a Committee of Conference be appointed.
On the motion, the yeas were 35, nays 0; the motion prevailed and the President ap pointed as a Conference Committee on the part of the Senate the following Senators: Hooks of the 14th, Starr of the 44th and Bowen of the 13th.

The following bill was taken up to consider House action thereto:

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.

Senator Crotts of the 17th moved that the Senate recede from its amendment to HB 833.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Crotts Dean Gillis Guhl Harbison Henson Hill

Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th

Ragan Ralston Ray Roberts Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Blitch Brown of 26th Clay Egan

Fort Glanton Gochenour Griffin Huggins

Langford Perdue Scott Streat (excused) Thompson

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 833.
The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows:

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2243

Amend the Senate amendment to HB 398 by striking the words "counties and" at the end of line 5 of page 1 and inserting in lieu thereof the following:
"counties, and: or the governing authorities of such".
Senator Dean of the 31st moved that the Senate agree to the House amendment to the Senate amendment to HB 398.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears
Broun of 46th Brown of 26th Brush
Burton Cagle Cheeks Crotts Dean Egan Gillis Glanton Gochenour Griffin

Guhl
Harbison Hill Huggins
James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver

Price of 28th
Price of 56th Ragan Ralston
Ray Roberts Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Blitch Bowen
Clay

Fort Henson Hooks Langford
Perdue

Scott Starr
Stokes Streat (excused)

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 398.
The following bill was taken up to consider the Conference Committee Report thereto:
HB 663. By Representatives Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and Skipper of the 137th:
A bill to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for designa tion of state enterprise zones.
The Conference Committee Report was as follows:

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COMMITTEE OF CONFERENCE REPORT ON HB 663

The Committee of Conference on HB 663 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 663 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Steve Thompson 33rd District

/s/ Representative Jeanette Jamieson 22nd District

/s/ Senator Nathan Dean 31st District

/s/ Representative A. Richard Royal 164th District

/s/ Senator Waymond C. Huggins 53rd District

/s/ Representative Paul E. Smith 12th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 663

A BILL
To be entitled an Act to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legisla tive findings and intent; to provide definitions; to provide for municipal and county tax credits and exemptions or abatements for qualified businesses within an enterprise zone; to provide for procedures, conditions, and limitations; to provide for powers, duties, and au thority of the Department of Community Affairs; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 88 at the end of said title to read as follows:
"CHAPTER 88
36-88-1.
This chapter shall be known and may be cited as the 'Enterprise Zone Employment Act of 1997.' 36-88-2.
The General Assembly finds and determines that there is a need for revitalization in many areas of Georgia. Revitalization will improve geographic areas within cities and counties which are suffering from disinvestment, underdevelopment, and economic de cline and will encourage private businesses to reinvest and rehabilitate such areas. The General Assembly recognizes that increased employment opportunities for the citizens of Georgia will assist in the implementation of welfare reform. It is the intent of the General Assembly that this chapter be liberally construed to accomplish these purposes. 36-88-3.
As used in this chapter, the term:
(1) 'Ad valorem tax' shall mean property taxes levied for state, county, or municipal operating purposes but does not include property taxes imposed by school districts or property taxes imposed for general obligation debt.
(2) 'Business enterprise' means any business which is engaged primarily in manufac turing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries.

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(3) 'Department' means the Department of Community Affairs.
(4) 'Enterprise zone' means the geographic area designated pursuant to Code Section 36-88-5.
(5) 'Full-time job equivalent' means a job or jobs with no predetermined end date, with a regular work week of 30 hours or more, and with the same benefits provided to simi lar employees.
(6) 'Low-income and moderate-income individual' means a person who is currently:
(A) Unemployed or unemployed for three of the six months prior to the date of hire;
(B) Homeless;
(C) A resident of public housing;
(D) Receiving temporary assistance to needy families or who has received temporary assistance to needy families at any time during the 18 months previous to the date of hire;
(E) A participant in the Job Training Partnership Act or who has participated in the Job Training Partnership Act at any time during the 18 months previous to the date of hire;
(F) A participant in a job opportunity where basic skills are required or who has participated in such a job opportunity at any time during the 18 months previous to the date of hire;
(G) Receiving supplemental social security income; or
(H) Receiving food stamps.
(7) 'New job' means employment for an individual created within an enterprise zone by a new or expanded qualified business or service enterprise at the time of the initial staffing of such new or expanded enterprise.
(8) 'Qualified or qualifying business' means an employer that meets the requirements of Code Section 36-88-4 and other applicable requirements of this chapter.
(9) 'Service enterprise' means an entity which is engaged primarily in finance, insur ance, and real estate activity or activities listed under the Standard Industrial Classifi cation (SIC) Codes 60 through 67 according to the Federal office of Management and Budget Standard Industrial Classification Manual, 1987 edition. 36-88-4.
(a) The following incentives are available to qualifying business and service enterprises to encourage revitalization within enterprise zones:
(1) The enterprise zone property tax exemption provided in Code Section 36-88-8; and
(2) The occupational tax, regulatory fee, and business inspection fee abatement or re duction provided in Code Section 36-88-9.
(b) A qualifying business or service enterprise is an enterprise which increased employ ment by five or more new full-time job equivalents in an area designated as an enterprise zone and which provides additional economic stimulus in such zone. The quality and quantity of such additional economic stimulus shall be determined, on a case-by-case basis, by the local governing body of bodies that have designated the enterprise zone. Such business or service enterprise may be new, an expansion or reinvestment of an existing business or service enterprise, or a successor to such business or service enter prise. Whenever possible, 10 percent of such new employees shall be low-income or mod erate-income individuals.
(c) Notwithstanding any provision of this Code section to the contrary, a local governing body or bodies creating an enterprise zone prior to January 1, 2000, may provide the exemptions and abatements as provided in this chapter to any qualifying business or service enterprise which employs at least 5,000 persons and which creates ten or more

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new full-time job equivalents that did not exist prior to July 1, 1997, provided such quali fying business or service enterprise provides economic stimulus to such zone and the quality and quantity of such stimulus is acceptable to the local governing body or bodies creating the enterprise zone.
36-88-5.
A local governing body or bodies may designate one or more geographic areas as enter prise zones. In such enterprise zone, local ad valorem taxes, occupation taxes, license fees, and other local fees and taxes, except local sales and use taxes or any combination thereof, may be exempted or reduced from applying to qualified business and service enterprises in accordance with the provisions of this chapter. A joint resolution by a county and one or more municipalities may provide such exemptions for jointly desig nated enterprise zones. Any areas designated as an enterprise zone may be redesignated as an enterprise zone after the expiration of its initial term as an enterprise zone if the area continues to meet the criteria for an enterprise zone contained in this chapter.
36-88-6.
(a) In order to be designated as an enterprise zone, a nominated area shall meet at least three of the four criteria specified in subsections (b), (c), (d), and (e) of this Code section. In determining whether an area suffers from poverty, unemployment, or general dis tress, the governing body shall use data from the most current decennial census and from other information published by the Federal Bureau of the Census, the Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In determining whether an area suffers from underdevelopment, the governing body shall use the data specified in sub section (e) of this Code section. The data shall be comparable in point or period of time and methodology employed.
(b) Pervasive poverty shall be evidenced by showing that poverty is widespread through out the nominated area and shall be established by using the following criteria:
(1) The poverty rate shall be determined from the data in Table P121 contained in Census of Population and Housing, 1990: Summary Tape File 3A, on CD-ROM (Georgia), prepared by the U.S. Bureau of Census 1992 (1992);
(2) For each census geographic block group within the nominated area, the ratio of income to poverty level for at least 20 percent of the residents shall be less than 1.0;
(3) In at least 50 percent of the census geographic block groups within the nominated area, the ratio of income to poverty level for at least 30 percent of the residents shall be less than 1.0;
(4) Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (2) of this subsection but shall be treated as having a zero poverty rate for the purpose of applying paragraph (3) of this subsection; and
(5) All parcels of a nominated area must abut and may not contain a noncontiguous parcel, unless such nonabutting parcel qualifies separately under the criteria set forth under paragraphs (2) and (3) of this subsection.
(c) Unemployment shall be evidenced by the use of data published by the Office of Labor Information Systems of the Georgia Department of Labor indicating that the average rate of unemployment for the nominated area for the preceding calendar year is at least 10 percent higher than the state average unemployment or by evidence of adverse eco nomic conditions brought about by significant job dislocation within the nominated area as the closing of a manufacturing plant or federal facility.
(d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapi dated structures, deteriorated infrastructure, and substantial population decline.

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(e) Underdevelopment shall be evidenced by data indicating development activities, or lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is at least 20 percent lower than development activity within the local governing body's jurisdiction.
36-88-7.
(a)(l) Each ordinance adopted by a local government possessing an approved enter prise zone, when applicable, shall provide encouragement and incentives to increase rehabilitation, renovation, restoration, improvement for new construction for housing and the economic viability and profitability of businesses and commerce located within such enterprise zones.
(2) Creation of an enterprise zone shall be consistent with the comprehensive plan or plans of the jurisdiction or jurisdictions designating the enterprise zone which plan or plans are adopted pursuant to Chapter 70 of this title.
(3) Each local government possessing an enterprise zone may review its ordinances to determine which ordinances may have a negative effect upon the rehabilitation, reno vation, restoration, improvement, or new construction of housing, or the economic via bility and profitability of businesses and commerce located within an enterprise zone. Such local government may waive, amend or otherwise modify such ordinances so as to minimize such adverse effect.
(b) Nothing in this Code section shall authorize any local government to waive, amend, provide exceptions to or otherwise modify or alter any ordinance which is:
(1) Expressly required to implement or enforce any statutory provisions; or
(2) Designed to protect persons against discrimination on the basis of race, color, creed, national origin, sex, age, or handicap.
(c) Nothing in this Code section shall be construed so as to rescind the authority granted to local governments to create, maintain, and regulate enterprise zones pursuant to any local enterprise zone law in effect on July 1, 1997.
36-88-8.
(a)(l) The governing body of a local government or governments creating an enterprise zone shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises in accordance with the following schedule:
(A) One hundred percent of the property taxes shall be exempt for the first five years;
(B) Eighty percent of the property taxes shall be exempt for the next two years;
(C) Sixty percent of the property taxes shall be exempt for the next year;
(D) Forty percent of the property taxes shall be exempt for the next year; and
(E) Twenty percent of the property taxes shall be exempt for the last year.
(2) For any qualifying business or service enterprise, the schedule provided for in para graph (1) of this subsection may begin in any year during which an area has an enter prise zone designation. Such tax exemption may continue even if the area's enterprise zone designation has terminated. A minimum of five new jobs must be maintained for a qualifying business or service enterprise to maintain eligibility for the tax exemption provided pursuant to this Code section.
(b) If the project consists of rehabilitation of an existing structure and the value of the improvement exceeds the value of the land by a ratio of five to one, then the exemption schedule in subsection (a) of this Code section shall also apply whether or not the project is carried out by a qualifying business or service enterprise.

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(c) In no event shall the value of the property tax exemptions granted to qualifying busi ness and service enterprises within an enterprise zone created by a city, a county, or both, exceed 10 percent of the value of the property tax digest of the creating jurisdiction or jurisdictions.
36-88-9.
(a) In addition to other incentives, the local governing body or bodies creating an enter prise zone may include in the creating ordinance an exemption or abatement from occu pation taxes, regulatory fees, building inspection fees, and other fees that would otherwise have been imposed on a qualifying business. Such governing bodies may grant any of these incentives either when the enterprise is initially created or by subsequent resolution making such incentives applicable to an existing enterprise zone.
(b) Local governments shall report designations of enterprise zones to the department, providing sufficient information to identify at a minimum the geographic boundaries of the zones, the specific fees and taxes to be exempted or abated, and the beginning and end dates of the designation period. The time and manner of reporting shall be deter mined by the department.
36-88-10.
An area designated as an enterprise zone shall remain in existence for ten years from the first day of the calendar year immediately following its designation as an enterprise zone. Municipal and county governments may enter into agreements with qualifying business or service enterprises in designated enterprise zones to provide for modification or termination of the tax and fee exemptions and abatements. Property tax incentives available to a qualified business or service enterprise in an enterprise zone shall remain in effect for the full ten-year period established by Code Section 36-88-8, regardless of the termination of the designation of the enterprise zone."

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 Thompson of the 33rd moved that the Senate adopt the Conference Committee report on HB 663.

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

Those voting in the affirmative were Senators:

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

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

Marable Middleton Oliver Price of 56th
Ragan Ralston Ray Roberts Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner

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2249

Those not voting were Senators:

Abernathy Fort Hooks Huggins Langford

Perdue Price of 28th Scott Starr

Stokes Streat (excused) Tysinger Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 663.
The following resolution was taken up to consider House action thereto:

SR 260. By Senator Price of the 28th: A resolution designating the William Thomas Overby Memorial Parkway.
The House substitute was as follows:
A RESOLUTION Designating the William Thomas Overby Memorial Parkway and the Buddy Reddick Park way; and for other purposes.

PART I.
WHEREAS, William Thomas Overby was born in Brunswick County, Virginia, around 1840, the third child of William and Martha Overby, who were among the first families to settle in Coweta County, Georgia; and
WHEREAS, he volunteered for the 7th Georgia Infantry of the Confederate States of America, called the Coweta Guards, and was wounded in the Second Battle of Manassas; and
WHEREAS, he later joined the 43rd Battalion, Company D, Virginia Calvary, also called Moseby's Rangers; and
WHEREAS, he was captured by Union troops in Fort Royal, Virginia, and hanged without a trial; and
WHEREAS, originally buried on a private farm in Markman, Virginia, he was respectfully exhumed in December 1996, and returned home to Coweta County, Georgia, and was reinterred in January 1997, among the Confederate graves of Oakhill Cemetery in Newnan, Georgia; and
WHEREAS, he was the only Georgian who received the Confederate Medal of Honor.
PART II
WHEREAS, Harry Cleveland "Buddy" Reddick lived a life that touched so many people from September 19, 1950, when he was born in Peach County, Georgia, to the sad day of his death in the town that loved him, Fort Valley, on March 31, 1996; and
WHEREAS, Mr. Reddick attended Georgia Southern University and later Georgia South western where he earned a degree in business administration and met his lovely wife, Becky; and
WHEREAS, Mr. Reddick owned Reddick Hardware in Fort Valley, was past president of the Kiwanis Club and of the Peach County Chamber of Commerce, was past president of the Community Unity Group, past chairman of the Development Authority, and involved in Sunday School and coaching little league football; and
WHEREAS, Buddy received the Durwood Gassett Award in 1996 for his accomplishments; and

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WHEREAS, the list of his public accomplishments and civic contributions is certainly long, but Buddy's major contributions were as a friend to anybody who knew him. Buddy was unforgettable because he loved his community and all those in it; and
WHEREAS, on this the one-year anniversary of the month of Buddy's death, it is only fitting and proper that a beautiful stretch of road in the community dear to his heart be honored with his name.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the mem bers of this body designate that portion of Georgia Highway 154 from Sharpsburg to the intersection of Georgia Highway 154 with U.S. Highway 29 as the William Thomas Overby Memorial Parkway, in honor of William Thomas Overby, courageous and distinguished Confederate soldier.
BE IT FURTHER RESOLVED that the members of this body designate the bypass around the City of Fort Valley from Georgia Highway 49 North to U.S. Highway 341 as the Buddy Reddick Parkway to honor this great man.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the William Thomas Overby Memorial Parkway and the Buddy Reddick Parkway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to deliver a copy of this resolution to Mrs. Becky Reddick.
Senator Price of the 28th moved that the Senate agree to the House substitute to SR 260.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

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

Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Tanksley Taylor Thomas of 54th Thompson Turner

Those not voting were Senators:

Abernathy Fort Hooks Langford

Perdue Scott Starr Stokes

Streat (excused) Thomas of 10th Tysinger Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 260.
The following resolution was taken up to consider House action thereto:

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".

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2251

The House substitute was as follows:

A RESOLUTION

Designating a portion of Georgia Highway 120 Loop as the "Martin Luther King Jr., Memo rial Highway"; and for other purposes.
WHEREAS, Martin Luther King, Jr., was a great American whose legacy is an inspiration to all who dream for a better America; and
WHEREAS, the memory of Martin Luther King, Jr., has been honored in communities across the nation by the naming of streets, parks, and other public facilities after him; and
WHEREAS, it is only fitting and proper that Martin Luther King, Jr., be likewise honored in this state by designating a portion of Georgia Highway 120 Loop in the vicinity of the City of Marietta in honor of him while retaining and not changing the name of the street known as the North Marietta Parkway.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, while retaining and not changing the name of the street known as the North Marietta Parkway, the portion of Georgia Highway 120 Loop, known as the North Marietta Park way, from 1-75 west to Cherokee Street in the City of Marietta is dedicated as the "Martin Luther King, Jr., Memorial Highway."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the 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.
Senator Price of the 28th moved that the Senate agree to the House substitute to SR 63.
On the motion, 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 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 Ralston Ray Roberts Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker

Those not voting were Senators:

Abernathy Balfour Egan Fort

Langford Perdue Scott

Starr Streat (excused) Tysinger

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 63.

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The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
A BILL To be entitled an Act to amend Code Section 46-9-272 of the Official Code of Georgia Anno tated, relating to the definition of terms used in the "Georgia Rail Passenger Authority Law," so as to redefine the term "project"; 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 46-9-272 of the Official Code of Georgia Annotated, relating to the definition of terms used in the "Georgia Rail Passenger Authority Law," is amended by striking para graph (4) in its entirety and inserting in its place a new paragraph (4) to read as follows:
"(4) 'Project' means the acquisition, construction, installation, operation, modification, renovation, or rehabilitation of any rail passenger facilities or any other public trans portation facilities other than roads, either directly or through contract with another public or private agency, after approval by the State Transportation Board pursuant to state or federal law as part of any regional or state-wide transportation plan. A project may also include any fixtures, machinery, or equipment used on, in or in connection with any of the transportation facilities listed above. A project may be for any public passenger transportation purpose, provided that a majority of the members of the au thority determines, by a resolution duly adopted, that the project will further the pub lic purpose of this article."

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 Thompson of the 33rd moved that the Senate agree to the House substitute to SB 118.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brush Cagle Cheeks Clay Crotts Dean Egan

Gillis Gochenour 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

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2253

Ray Roberts Starr

Stokes Tanksley Taylor

Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Brown of 26th Burton Fort

Glanton Huggins Scott Streat (excused)

Thomas of 54th Thomas of 10th Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 118.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 provide for the cost of transporting such records to respond to a request for inspection in certain circumstances; 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 the costs of retrieval and the time period for retrieving such records for inspection in certain circum stances; 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 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 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 chiefjudge in those circuits having more than one judge, may cause the records to be stored at sume uthui place at a data storage and retrieval facility within the State of Georgia. The clerk shall give public

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notice of the place of storage by posting notice at the courthouse. If documents are stored outside the county where the documents were created, the government entity shall:
(1) Bear all costs of transporting such documents back to the county of origin for pur poses of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records; am?
(2) Provide by contract for:
(A) Specific retrieval times in which documents requested shall be delivered; and
(B) Payment of additional fees by the person requesting the document from the clerk for expedited service?'

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 nut more than 25 miles fiuiii the cuuithuusu not more than 100 miles from the county in a data storage and retrieval facility approved by the county governing authority within the State of Georgia which is in a building for facility which is in compliance with the fire safety standards applicable to archives and rec ord centers as established by the National Fire Protection Association in Standard No. 232, as such standard was adopted on May 18, 1972 August 11, 1995. If docu ments are stored outside the county where the documents were created, the govern ment entity shall bear all costs of transporting such documents back to the county of origin for purposes of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records. Such documents shall be made available to the requester?'

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 moved that the Senate agree to the House substitute to SB 324.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Broun of 46th Brush Burton Cagle Cheeks Clay

Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl

Harbison Henson Hill James Johnson of 2nd Kemp Lamutt Land

FRIDAY, MARCH 28, 1997

2255

Langford Madden Marable Middleton Oliver

Price of 28th Price of 56th Ragan Ray Roberts

Starr Stokes Tanksley Thompson Tysinger

Voting in the negative was Senator Blitch.

Those not voting were Senators:

Abernathy Bowen Brown of 26th Fort Hooks Huggins

Johnson of 1st Perdue Ralston Scott Streat (excused)

Taylor Thomas of 54th Thomas of 10th Turner Walker

On the motion, the yeas were 39, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 324.
The following message was received for the House through Mr. Rivers, the Clerk thereof:
Mr. President:

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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 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 Speaker has appointed on the part of the House, Representatives Smith of the 175th, Purcell of the 147th and Porter of the 143rd.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

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.

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

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 House has agreed to the Senate amendments, as amended by the House, to the following bill of the House:

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JOURNAL OF THE SENATE

HB 416. By Representatives Martin of the 47th, Henson of the 65th, O'Neal of the 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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in substituting, as amended, the following bill of the Senate:
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.
The House has disagreed to the Senate substitute to the following bill of the House:
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.
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 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.
The Speaker has appointed on the part of the House, Representatives Davis of the 48th, Martin of the 47th and Holmes of the 53rd.
The following bill was taken up to consider House action thereto:

FRIDAY, MARCH 28, 1997

2257

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 House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 34-9-2 of the Official Code of Georgia Anno tated, 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; 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 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of workers' compensation provisions to employers and employees generally, is amended by inserting a new subsection (f) to read as follows:
"(f)(l) As used in this subsection, the term 'sports official' means any person who is a neutral participant in a sports event, including without limitation an umpire, referee, judge, linesman, scorekeeper, or timekeeper. The term 'sports official' does not include any person, otherwise employed by an organization or entity sponsoring a sports event, who performs services as a sports official as part of his or her regular employment.
(2) Notwithstanding any other provision of this chapter, a person shall qualify as an independent contractor and not an employee if such person performs services as a sports official for an entity sponsoring an interscholastic or intercollegiate sports event or if such person performs services as a sports official for a public entity or a private, nonprofit organization which sponsors an amateur sports event."

SECTION 2.

Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997, and shall apply to claims filed on and after said date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate agree to the House substitute to SB 263.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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

Dean Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill James

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

2258

JOURNAL OF THE SENATE

Perdue Price of 28th Price of 56th Ragan Ray

Roberts Scott Starr Stokes Tanksley

Those not voting were Senators:

Balfour Brown of 26th Brush Egan

Fort Hooks Huggins Ralston

Taylor Thompson Tysinger Walker
Streat (excused) Thomas of 54th Thomas of 10th Turner

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 263.
Senator Perdue of the 18th assumed the Chair.
The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows:
Amend the Senate substitute to HB 54 by striking line 11 of page 1 and inserting in lieu thereof the following:
"legal representation for low-income people; to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to mu nicipal courts, so as to provide for jurisdiction in municipal courts of unified or consoli dated governments over misdemeanors if certain conditions are met; to provide".
By striking line 29 of page 1 and inserting in lieu thereof the following:
"any, a solicitor-general of the state court, if any, the clerk of the superior court, and two practicing".
By striking in their entirety lines 2 through 7 of page 3 and inserting in lieu thereof the following:
"probate, and any other courts of record, except county recorders' courts or municipal courts other than municipal courts of a unified or consolidated government that have been given jurisdiction as provided in Code Section 36-32-10.2. The amount of such".
By striking lines 12 through 18 of page 4 and inserting in lieu thereof the following:
"Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, is amended by adding immediately fol lowing Code Section 36-32-10.1 a new Code Section 36-32-10.2 to read as follows: '36-32-10.2.
(a) Notwithstanding any other provision of law to the contrary and in addition to any other jurisdiction conferred by law, the municipal court of any government which has been created through the unification or consolidation of county and city governments is granted jurisdiction to try and dispose of any misdemeanor violation of the laws of this state punishable as set forth in Code Sections 17-10-3 and 17-10-4, provided that the following conditions are and continue to be met:
(1) The chief judge of said court must be full time and a resident of the county wherein such municipal court is located, and each judge of said court must be a member in good

FRIDAY, MARCH 28, 1997

2259

standing of the State Bar of Georgia and must have been such a member for a mini mum of three years before becoming judge;
(2) The prosecuting attorney for that court having general misdemeanor jurisdiction in the county wherein any alleged misdemeanor violation occurs must consent to be the prosecuting attorney of such municipal court and must be authorized and made by ordinance the prosecuting attorney of such court; and
(3) Provision must be made for the availability of general probation supervision, fine collection services, counseling, and other probation services for persons convicted in such court and placed on probation, as set forth in Code Section 42-8-102 or as other wise provided by law.
The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any defendant charged with any misdemeanor violation pursuant to this Code section at any time before trial or before the entry of a plea of guilty or nolo contendere shall be entitled on request to have the case against such defendant transferred to the court hav ing general misdemeanor jurisdiction in the county wherein the alleged offense occurred. In addition, no such municipal court described in this Code section shall have the power to dispose of such misdemeanor cases as provided in this Code section unless the defend ant shall first waive in writing a trial by jury.
(c) A person convicted of any misdemeanor violation in municipal court pursuant to this Code section shall be punished as provided in the provision of law for which such person was convicted or as provided by any other applicable Code section.
(d) The prosecuting attorney of a municipal court of a unified or consolidated government shall have no less authority and discretion in the prosecution of such misdemeanor viola tions as he or she would if the same were otherwise prosecuted in that court having general misdemeanor jurisdiction.
(e) Any judge of a state court or a magistrate court of the county in which a municipal court of a unified or consolidated government is located may be authorized and made by ordinance the chief judge or any judge of said municipal court so long as he or she con sents to same and fulfills the qualifications of paragraph (1) of subsection (a) of this Code section.
(f) Any fines and forfeitures arising from the prosecution of cases pursuant to this Code section shall be retained by the unified or consolidated government and shall be paid into the treasury of such government.
(g) It shall be the duty of the appropriate agencies of the unified or consolidated govern ment, within the limits of which an offense under subsection (a) of this Code section occurred, to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35 or as otherwise required by law."'
By striking line 20 of page 4 and inserting in lieu thereof the following:
"(a) Except as provided by subsection (b) or (c) of this section,".
By striking line 24 of page 4 and inserting in lieu thereof the following:
"(b) Subsection (c) of amended Code Section 36-15-7, as set".
By inserting after line 27 of page 4 the following:
"(c) Notwithstanding Code Section 1-3-4.1, Section 5 of this Act is effective upon the ap proval of this Act by the Governor or upon becoming law without such approval."
Senator Oliver of the 42nd moved that the Senate agree to the House amendment to the Senate substitute to HB 54.

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brush Cagle Cheeks Crotts Dean Egan Gillis Glanton Gochenour
Griffin

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

Oliver Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Thomas of 54th Thompson Turner Walker

Those not voting were Senators:

Abernathy Brown of 26th Burton Clay Fort

Henson Middleton Perdue (presiding) Price of 28th

Streat (excused) Taylor Thomas of 10th Tysinger

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 54.
The following bill was taken up to consider the Conference Committee Report thereto:

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 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 Conference Committee report was as follows:

COMMITTEE OF CONFERENCE REPORT ON SB 50

The Committee of Conference on SB 50 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 50 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Mary Margaret Oliver 42nd District

/s/ Representative Charlie Smith, Jr. 175th District

/s/ Senator Paul C. Broun 46th District

Is/ Representative Ann R. Purcell 147th District

/s/ Senator George Hooks 14th District

/s/ Representative DuBose Porter 143rd District

FRIDAY, MARCH 28, 1997

2261

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 50
A BILL
To be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs so as to direct the De partment of Education 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 related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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.
(a) The Department of Education shall, in consultation with the Georgia School Age Care Association, operate a state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age chil dren during nonschool hours. The state program shall operate through the encourage ment and coordination of local programs providing such resources. Additionally, to the extent that funds are appropriated or otherwise made available to the Department of Education, 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 supervised academic, educational, and vol untary community service activities; and
(4) Reduction of juvenile crime and substance abuse and teenage pregnancy; provided, however, that in programs operated by local school systems, any sex education materi als or sex education classes shall be in accordance with the provisions set forth in Code Section 20-2-143.
(c) The Department of Education 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."

2262

JOURNAL OF THE SENATE

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate adopt the Conference Committee report on SB 50.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th
Brush Crotts Dean Gillis Griffin Harbison Hill

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

Oliver Ragan Ralston Roberts Scott Starr
Stokes Tanksley Taylor Thomas of 54th Thompson Turner

Those voting in the negative were Senators:

Balfour Burton Cagle Glanton

Gochenour Guhl Price of 28th

Price of 56th Ray Tysinger

Those not voting were Senators:

Brown of 26th Cheeks Clay Egan

Fort Henson Perdue (presiding)

Streat(excused) Thomas of 10th Walker

On the motion, the yeas were 36, nays 10; the motion prevailed, and the Senate adopted the Conference Committee report on SB 50.
The following bill was taken up to consider the Conference Committee Report thereto:
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.

FRIDAY, MARCH 28, 1997

2263

The Conference Committee Report was as follows:

COMMITTEE OF CONFERENCE REPORT ON SB 209

The Committee of Conference on SB 209 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to SB 209 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Senator Eddie M. Madden 47th District

/si Representative Jimmy Lord 121st District

Is,/ Senator Steve Henson 55th District

/s/ Representative Scott Tolbert 25th District

/s/ Senator Thomas E. Price 56th District

/s/ Representative Roger Byrd 170th District

COMMITTEE OF CONFERENCE 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 amend Code Section 33-20A-9 of the Official Code of Georgia Annotated, relating to emergency services requirements under managed health care plans, so as to provide for requests for managed care entity or private health benefit plan authorization for certain services; to provide for payment for authorized services; to provide that no such entity which has given prospective authorization 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 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 condi tion. For purposes of this Code section, the term 'emergency medical provider' includes without limitation an emergency services provider.
(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 for an emergency condition.

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JOURNAL OF THE SENATE

(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.

Code Section 33-20A-9 of the Official Code of Georgia Annotated, relating to emergency services requirements under managed health care plans, is amended by striking paragraph (1) and inserting in lieu thereof the following:
"(1) (A) In the event that a patient seeks emergency services and if necessary in the opinion of the emergency health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. No managed care entity or private health benefit plan may subsequently deny payment for an evaluation, diagnostic testing, or treatment provided as part of such intervention for an emergency condition. For purposes of this Code section, the term 'emergency health care provider' includes without limitation an emergency serv ices provider.
(B) No managed care entity or private health benefit plan which has given prospec tive authorization after the stabilization of a person's condition for an evaluation diagnostic testing, or treatment may subsequently deny payment for the provision of such evaluation, diagnostic testing, or treatment. An acknowledgment of an en rollee's eligibility for benefits by the managed care entity or private health benefit plan shall not, by itself, be construed as a prospective authorization for the purposes of this Code section.
(C) If in the opinion of the emergency health care provider, a patient's condition has stabilized and the emergency health care provider certifies that the patient can be transported to another facility without suffering detrimental consequences or aggra vating the patient's condition, the patient may be relocated to another facility which will provide continued care and treatment as necessary; and".

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 Madden of the 47th moved that the Senate adopt the Conference Committee report on SB 209.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brush Burton Cagle

Clay Crotts Dean Egan Glanton Gochenour Griffin Guhl

Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st

FRIDAY, MARCH 28, 1997

2265

Kemp Lamutt Land Langford Madden Marable Middleton
Oliver

Price of 28th Price of 56th Ralston Ray Roberts Scott Starr

Those not voting were Senators:

Balfour Brown of 26th Cheeks Fort

Gillis Perdue (presiding) Ragan

Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger
Streat (excused) Thomas of 10th Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 209.
The following resolution was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SR 73 by striking from line 28 of page 2 the following: "ten",

and inserting in lieu thereof the following: "five".

Senator Oliver of the 42nd moved that the Senate agree to the House amendment to
SR 73. On the motion, a roll call was taken, 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
Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Marable
Middleton Oliver

Price of 28th Price of 56th Ralston
Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner
Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Brown of 26th Fort

Henson Langford Madden Perdue (presiding)

Ragan Ray Streat (excused)

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JOURNAL OF THE SENATE

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 73.
The following bill was taken up to consider House action thereto:

HB 416. By Representatives Martin of the 47th, Henson of the 65th and Jones of the 71st:

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.

The House amendment was as follows: Amend Senate Amendment #1 to HB 416 as follows: By striking line 25 on page 1 and inserting in lieu thereof the following:
"third party, except for medicaid" Senator Oliver of the 42nd moved that the Senate agree to the House amendment to
Senate amendment #1 to HB 416. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Bowen Broun of 46th Burton Cheeks Clay Crotts Dean Egan Gillis Griffin Guhl Harbison

Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Land Langford Marable Middleton

Oliver Price of 56th Ralston Scott Starr Stokes Tanksley Thomas of 54th Thomas of 10th Turner Tysinger

Those voting in the negative were Senators:

Blitch Boshears Brush

Glanton Gochenour Lamutt

Price of 28th Roberts

Those not voting were Senators:

Abernathy Balfour Brown of 26th Cagle Fort

Madden Perdue (presiding) Ragan Ray

Streat (excused) Taylor Thompson Walker

On the motion, the yeas were 35, nays 8; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment #1 to HB 416.
Senator Johnson of the 1st assumed the Chair.
The following bill was taken up to consider House action thereto:

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.

FRIDAY, MARCH 28, 1997

2267

The House substitute and amendment were as follows: HOUSE SUBSTITUTE TO SENATE BILL 25

A BILL
To be entitled an Act 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 change certain provisions relating to the qualifications of the state school superintendent; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to the state school superintendent, is amended by striking in its entirety Code Section 20-2-31, relating to qualifications of the state school superintendent, and inserting in lieu thereof the following:
"20-2-31.
To render a person eligible to hold the office of State School Superintendent, he or she shall be a person of good moial cliaiaclei, uf high educational standing, have had at least tliiee ^uais' piactical expeiience a& a teacliei, hold a five year four-year degree from an accredited college or university and possess the same qualifications as required for a local school superintendent, and be at least 25 yuais of age. No person who has been convicted of any crime involving moral turpitude shall be eligible to hold the office of State School Superintendent."

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.

House amendment to House substitute Amend the House substitute to SB 25 by striking from lines 21 and 22 the following:
"and possess the same qualifications as required for a local school superintendent" Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB
25 as amended by the House. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Crotts Egan Fort Glanton Griffin

Harbison Henson Hooks James Johnson of 2nd Kemp Middleton Oliver Perdue

Scott Starr Stokes Taylor Thomas of 10th Thompson Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Abernathy Blitch Brush Burton Cagle Cheeks Clay Dean

Gillis Gochenour Guhl Huggins Lamutt Madden Marable Price of 28th

Price of 56th Ragan Ralston Ray Roberts Tanksley Thomas of 54th

Those not voting were Senators:

Hill Johnson of 1st (presiding)

Land Langford

Streat (excused)

On the motion, the yeas were 28, nays 23; and the motion to agree to the House substi tute to SB 25 as amended by the House was lost.
Senator Oliver of the 42nd moved that the Senate reconsider its action in defeating the motion to agree to the House substitute as amended by the House.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Crotts Dean Egan Fort Gillis

Glanton Griffin Harbison Henson Hooks Huggins James Johnson of 2nd Kemp Middleton Oliver

Perdue Scott Starr Stokes Taylor Thomas of 10th Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Abernathy Brush Burton Cagle Cheeks Clay Gochenour

Guhl Lamutt Madden Marable Price of 28th Price of 56th

Ragan Ralston Ray Roberts Tanksley Thomas of 54th

Those not voting were Senators:

Hill Johnson of 1st (presiding)

Land Langford

Streat (excused)

On the motion, the yeas were 32, nays 19; the motion prevailed, and the Senate recon sidered its action in defeating the motion to agree.
Senator Cheeks of the 23rd moved that SB 25 be placed on the Table.
The motion was ruled out of order.
Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB 25 as amended by the House.
Senator Thompson of the 33rd moved the previous question.

FRIDAY, MARCH 28, 1997

2269

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

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Burton Crotts Dean Egan Fort Gillis Glanton
Gochenour

Griffin Harbison Hill Hooks Huggins James Johnson of 2nd Kemp Langford Middleton Oliver Perdue

Price of 56th Ralston Scott Starr Stokes Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those voting in the negative were Senators:

Abernathy Blitch Brush Cagle Cheeks Clay

Guhl Henson Lamutt Madden Marable

Price of 28th Ragan Ray Roberts Tanksley

Those not voting were Senators:

Johnson of 1st (presiding)

Land

Streat (excused)

On the motion, the yeas were 37, nays 16; the motion prevailed, and the previous ques tion was ordered.
On the motion by Senator Oliver of the 42nd, that the Senate agree to the House sub stitute to SB 25 as amended by the House.

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Crotts Egan Fort Gillis Glanton
Griffin

Harbison Henson Hill Hooks Huggins James Johnson of 2nd Kemp Langford Middleton

Oliver Perdue Scott Starr Stokes Taylor Thomas of 10th Turner Tysinger Walker

Those voting in the negative were Senators:

Abernathy Blitch Brush Burton Cagle Cheeks Clay

Dean Gochenour Guhl Lamutt Madden Marable Price of 28th

Price of 56th Ragan Ralston Ray Roberts Tanksley Thomas of 54th

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JOURNAL OF THE SENATE

Those not voting were Senators:

Johnson of 1st (presiding) Land

Streat (excused) Thompson

On the motion, the yeas were 31, nays 21; the motion prevailed and the Senate agreed to the House substitute to SB 25 as amended by the House.
The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows:
Amend Senate bill 287 by striking "experience" from line 4 of page 1.
By striking lines 30 through 34 of page 1 and lines 1 through 10 of page 2 and inserting in their place the following:
CO SillfetOlO^iSt ilGiuiiig^ OL iiicioLci COSllititOlugiot Cti.TtiI1C<11c Oi' ctii eSLll6
piuvideJ lhat hiich cusmetulugist licensed esthetician who has had at least i8 36 months' experience, or under an instructor in a schuul uf cusmetulugy ui school of esffietics who has> btjtuii a licensed cosine tulugist fui a penud uf at Itua&l 18 muiilhs, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall pro hibit any person at least 16 years of age from learning the occupation of nail care or manicuring under a cusmetulugist huldiiig a mastei cusmeLulugibl ceiUficalu ui a mani curist cm tificatu, yiuvided that huch cusmntulugist a licensed manicurist who has had at least 8 36 months' experience, or under an instructor in a buhuul uf cusmutolugy ui school of~nail care who has> been a licensed cusmntulugist fui a period uf at least 18 months, is".
Senator Thomas of the 10th moved that the Senate disagree to the House amendment to SB 287.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate dis agreed to the House amendment to SB 287.
The following bill was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SB 247 by striking in its entirety line 14 of page 1 and inserting in lieu thereof the following:
"to the carrying of such firearms; to clarify certain provisions relating to carrying of fire arms by licensed persons in public places; to repeal conflicting".

FRIDAY, MARCH 28, 1997

2271

By adding after line 16 of page 1 the following:

"SECTION 1.

Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, is amended by striking in its entirety subsection (b) of Code Section 16-11-127, relating to carrying deadly weapons to or at pub lic gatherings, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.'"
By striking lines 18 through 20 of page 1 and inserting in lieu thereof the following:
"Said part is further amended by striking".
By renumbering existing Sections 1 through 3 as Sections 2 through 4.
Senator Roberts of the 30th moved that the Senate agree to the House amendment to SB 247.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Brown of 26th Burton Cagle Cheeks Crotts Dean Fort Gillis Glanton Gochenour

Griffin Harbison Henson Hill Hooks Hugging James Johnson of 2nd Kemp Lamutt Madden Marable Middleton

Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Taylor Thomas of 54th Thomas of 10th Thompson Turner

Those not voting were Senators:

Abernathy Broun of 46th Brush Clay Egan Guhl

Johnson of 1st (presiding) Land Langford Oliver Perdue

Ragan Streat (excused) Tanksley Tysinger Walker

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 247.
The following bill was taken up to consider House action thereto:

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.

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JOURNAL OF THE SENATE

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of Gilmer County," approved March 27, 1995 (Ga. L. 1995, p. 3824), so as to change the dates of the regular meetings of said board of commissioners; to change the provisions re lating to purchasing and competitive bids; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act entitled "An Act to create a board of commissioners of Gilmer County," approved March 27, 1995 (Ga. L. 1995, p. 3824), is amended by striking in its entirety Section 5 and inserting in lieu thereof the following:
"SECTION 5.
Said board of commissioners shall hold a regular meeting for the transaction of public busi ness pertaining to county matters which shall be held in an appropriate office of the court house of Gilmer County on the second and fourth Thursdays in each month of the year, but said board of commissioners may hold sessions at any time it deems proper or upon the call of the chairperson. The members of said board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county."
SECTION 2.
Said Act is further amended by striking in its entirety subsection (a) of Section 10 and inserting in lieu thereof the following:
"(a) The board of commissioners may purchase necessary machinery, tools, equipment, supplies, and services (hereinafter referred to collectively as 'goods and services') for county use. All purchases of goods and services, wherein the purchase price is expected to be in excess of $5,000.00, shall be made by a sealed competitive bid. Notice of the time and place where bids will be received and opened shall be advertised in the local legal organ of the county once each week for two consecutive weeks immediately prior to the opening of such bids. Such notice shall also include a description and specifications of the item or items to be purchased. All bids shall be received in sealed envelopes. If more than one bid is received for any purchase, all such bids shall be opened and thereafter filed for two years in the office of the board of commissioners for public inspection. If only one bid is received for any purchase, such bid shall not be opened and the purchase shall be readvertised and new bids shall be taken. Goods and services shall be purchased from the lowest responsible bidder and in determining the lowest responsible bidder such fac tors as distance, past dealings, financial responsibility, expertise, and experience may be taken into consideration. This section shall not apply to the repair of goods."
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.
Senator Ralston of the 51st moved that the Senate agree to the House substitute to SB 392.

FRIDAY, MARCH 28, 1997

2273

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour

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

Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Stokes Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brush Egan Henson

Johnson of 1st (presiding) Perdue Ragan

Starr Streat (excused) Taylor

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 392.
Senator Perdue of the 18th assumed the Chair.
The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee Report was as follows:

The Committee of Conference on HB 97 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 97 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ B. Joseph Brush, Jr. Senator, 24th District

/s/ Jimmy Lord Representative, 121st District

/s/ Steven E. Langford Senator, 29th District

/s/ Scott Tolbert Representative, 25th District

Is/ Don R. Thomas Senator, 54th District

/s/ Robin L. Williams Representative, 114th District

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JOURNAL OF THE SENATE

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 97:

A BILL
To be entitled an Act 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 generally; to change certain provisions relating to annual registration of agencies; to change certain pro visions relating to license requirements; to change certain provisions relating to qualifica tions for license applicants; to change certain provisions relating to form and content of license applications; to change certain provisions relating to issuance and content of a li cense; to change certain provisions relating to grounds for refusal, suspension, or revoca tion of a license; to change certain provisions relating to limitation on application after refusal or revocation of a license; to change certain provisions relating to information to be furnished by licensees; to change certain provisions relating to records of transactions; to change certain provisions relating to limitations on applicability of certain provisions; to change the definition of insurance fraud; 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 general provisions of the 'Georgia Insurance Code,' is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 33-1-9, relating to insurance fraud, venue of prosecutions, and penalties, and inserting in lieu thereof a new paragraph (1) to read as follows:

"(1) Makes or aids in the making of any false or fraudulent statement or representation

of any material fact or thing^ ill any written statement or ceiliflcaLe, in the making uf ail

cippj

m lui a jjuiiu_y ui IIIQUICiiiut;, ia.1 Llit; i t;i;t;iviiig ui suun aj.jpii^dtiun, ui 111 uie it;ueiv-

nf-moiitvy iui su.di tijj^jlicciLnJii, fui Llie puipuse uf piucuiiiii^ ui uLLciiiptiiig tu |ji (JUU1 12

the-[jnym

uuultJiil ultiiiii u^y tin in&uit;i,

(A) In any written statement or certificate;

(B) In the filing of a claim;

(C) In the making of an application for a policy of insurance;

(D) In the receiving of such an application for a policy of insurance; or

(E) In the receiving of money for such application for a policy of insurance

for the purpose of procuring or attempting to procure the payment of any false or fraudu lent claim or other benefit by an insurer;"

SECTION 2.

Said title is further amended by striking paragraph (1) of Code Section 33-8-1, relating to fees and charges generally, and inserting in its place the following:

"(1) Unless specifically provided otherwise, for each certificate of authority, original li cense, renewal of a certificate of authority, or renewal of a license:

(A) Agent, subagent, counselor, or adjuster, or principal office of an insurance agency (new license) ......... ....................... ... $ (B) Agent, subagent, counselor, or adjuster, or principal office of an insurance agency (license renewal) .................................. (B.I) Each branch office of an insurance agency other than the principal office (new license) ............................... .........
(B.2) Each branch office of an insurance agency other than the principal office (license renewal) ........................... .........
(C) Agent certificate if authority for subagent ........................ (D) Automobile self-insurance ......................................

50.00
50.00
10.00
10.00 5.00 100.00

FRIDAY, MARCH 28, 1997

2275

(E) Captive insurance company: Original license or certificate .......... 600.00 Renewal license or certificate ....................................... 500.00 (F) Continuing care provider ....................................... 75.00 (G) Duplicate certificate of authority, license, or permit................ 25.00 (H) Farmers mutual fire insurance company: Original license or certificate ........................................................ 500.00 Renewal license or certificate ....................................... 25.00 (I) Fraternal benefit society: Original license or certificate ............. 600.00 Renewal license or certificate ....................................... 500.00 (I.I) Health care corporations: Original license or certificate............ 600.00 Renewal license or certificate ....................................... 500.00 (J) Health maintenance organization: Original license or certificate ..... 600.00 Renewal license or certificate ....................................... 500.00 (K) Insurer certificate of authority for agent.......................... 10.00 (L) Life, accident, and sickness insurance company: Original license or certificate...................................................... 600.00 Renewal license or certificate ....................................... 500.00 (M) Managing general agent: Original license or certificate ............ 600.00 Renewal license or certificate ....................................... 500.00 (N) Multiple employer self-insurance plan ........................... 400.00 (O) Premium finance company (full power)........................... 500.00 (P) Premium finance company (limited power)........................ 300.00 (Q) Preneed funeral service company ................................ 25.00 (R) Prepaid legal services plans ..................................... 500.00 (S) Private review agents: Original license or certificate ............... 1,000.00 Renewal license or certificate ....................................... 500.00 (T) Property and casualty insurance company: Original license or certificate ........................................................ 600.00 Renewal license or certificate ....................................... 500.00 (U) Nonprofit organizations (medical service or hospital service corporation): Original license or certificate ........................... 600.00 Renewal license or certificate ....................................... 500.00 (V) Rating or advisory organization ................................. 100.00 (W) Reinsurance intermediary ...................................... 50.00 (X) Surplus lines broker ........................................... 300.00 (Y) Third-party administrators: Original license or certificate .......... 500.00 Renewal license or certificate ....................................... 400.00 (Z) Title insurance company: Original license or certificate ............. 600.00 Renewal license or certificate ....................................... 500.00 (AA) Utilization review agent....................................... 200.00 (BB) Each vending machine licensed under Chapter 23 of this title ..... 25.00 (CC) Worker's compensation group self-insurance fund: Original license or certificate ............................................... 600.00 Renewal license or certificate ....................................... 500.00"
SECTION 3.
Said title is further amended by striking subsection (a) of Code Section 33-23-3, relating to annual registration of agencies, and inserting in its place the following:
"(a) Each principal office and each branch office of an An agency as defined in paragraph (2) of subsection (a) of Code Section 33-23-1 must legislei obtain an agency license prior to commencement of operations and renew such license annually on by filing application forms prescribed by the Commissioner. Such mgislialiuii filing shall include the following:

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JOURNAL OF THE SENATE

(1) Name of the agency;
(2) Mailing address of the agency;
(3) Location of the agency;
(4) Names of all owners or, if a corporation, all officers and directors of the agency and, if any are licensees under this chapter, their license numbers;
(5) Names of all other employees of the agency and, if licensed under this chapter, their license numbers; and
(6) List of insurance companies represented by the agency."
SECTION 4.
Said title is further amended by striking Code Section 33-23-4, relating to license require ments, and inserting in its place the following:
"33-23-4.
(a) No person shall act as or hold himself or herself out to be an agent, subagent, coun selor, or adjuster or insurance agency in this state unless such person first procures a license from the Commissioner.
(b) No agent or subagent shall solicit or take applications for, procure, or place for others any kind of insurance for which such agent or subagent is not then licensed and for which a certificate of authority is not currently on file with the Commissioner; provided, how ever, no certificate of authority shall be required for:
(1) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year;
(2) An agent who places surplus lines insurance with or through a surplus lines broker, only with respect to such surplus lines insurance; or
(3) An agent who, with agreement of an insurer, places a specific policy or risk with such insurer provided the insurer within 15 days of the acceptance of the risk files with the Commissioner an application for a specific certificate of authority in such form and manner as may be prescribed by the Commissioner.
(c) No insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an agent, subagent, or adjuster within this state, unless such person is duly licensed in accordance with this article.
(d) An insurer may pay a commission or other valuable consideration to a legisltijbd licensed insurance agency in which all employees, stockholders, directors, or officers who solicit, negotiate, or effectuate insurance contracts are qualified insurance agents, subagents, or counselors holding currently valid licenses as required by the laws of this state; and an agent, subagent, or counselor may share any commission or other valuable consideration with such a i egistci ed licensed insurance agency.
(e) No person, partnership, or corporation other than a duly licensed adjuster, agent, subagent, or counselor shall pay or accept any commission or other valuable considera tion except as provided in subsections (c) and (d) of this Code section.
(f) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the grounds that the licensee has ceased to be an agent, subagent, or counselor nor prevent the receipt or payment of any commission by a person who has been issued a temporary license pursuant to this chapter.
(g) Any person who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be ex empt from the requirement to maintain at least one certificate of authority; provided, however, that if such person wishes to again perform any of the other functions specified in said paragraph, such person must obtain approval from the Commissioner and comply

FRIDAY, MARCH 28, 1997

2277

with the requirements of this chapter, including without limitation the requirements for certificate of authority.
(h) Any person who willfully violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in Code Section 17-10-3, relating to punishment for misdemeanors."
SECTION 5.
Said title is further amended by striking subsection (a) of Code Section 33-23-5, relating to qualifications for license applicants, and inserting in its place the following:
"(a) For the protection of the people of this state, the Commissioner shall not issue, con tinue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-2329. The Commissioner shall not issue a license to any applicant for a license other than an agency license who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (7) of this subsection:
(1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business;
(2) If applying for an agent's license for property and casualty insurance, the applicant must not use or intend to use the license for the purpose of obtaining a rebate or com mission upon controlled business; and the applicant must not in any calendar year effect controlled business that will aggregate as much as 25 percent of the volume of insurance effected by such applicant during such year, as measured by the compara tive amounts of premiums;
(3) If applying for an agent's license, the applicant must have been appointed an agent by an authorized insurer subject to issuance of the license;
(4) If applying for a subagent's certificate of authority, the applicant must have been appointed a subagent by a licensed agent subject to issuance of the certificate of authority;
(5) The applicant must be of good character;
(6) The applicant must pass any written examination required for the license by this article;
(7) If applying for a license as counselor, the applicant must show that he or she has had five years' experience acting as either an agent, subagent, or adjuster or in some other phase of the insurance business which in the opinion of the Commissioner has qualified the applicant to act as such counselor; and the applicant shall pass such ex amination as shall be required by the Commissioner; and
(8) If applying for an agent's license, subagent's license, counselor's license, or ad juster's license, except as provided in subsection (c) of this Code section and in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29, no applicant shall be qualified therefor or be so licensed unless he or she has:
(A) Successfully completed classroom courses in insurance satisfactory to the Com missioner at a school which has been approved by the Commissioner; or
(B) Completed a correspondence course in insurance approved by the Commissioner and has had at least six months of responsible insurance duties as a substantially full-time bona fide employee of an agent or insurer or the managers, general agents,

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JOURNAL OF THE SENATE

or representatives of the insurer in the kind or kinds of insurance for which such applicant seeks to be licensed."
SECTION 6.
Said title is further amended by striking Code Section 33-23-8, relating to form and content of license applications, and inserting in its place the following:
"33-23-8.
(a) An applicant for any license required by this chapter shall file with the Commissioner a written application upon forms prescribed by the Commissioner. The application shall be signed and verified by the oath of the applicant. As a part of or in connection with such application other than one for an agency license, the applicant shall state the kinds of insurance proposed to be transacted and furnish information concerning the appli cant's identity, personal history, experience, business history, purposes, and any other pertinent facts which the Commissioner may by rule or regulation require.
(b) If the application is for an agent's license, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by written appointment of the applicant as agent by an authorized insurer subject to issuance of the license.
(c) If the application is for a subagent's certificate of authority, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by a written appointment of the applicant as subagent by an agent subject to issuance of the certifi cate of authority.
(d) The application shall also show whether the applicant was ever previously licensed to transact any kind of insurance in the state or elsewhere; whether any license was ever refused, surrendered, suspended, restricted, or revoked; whether any insurer, general agent, agent, or other person claims the applicant is indebted to it and, if so, the details of the indebtedness; whether the applicant ever had an agency contract cancelled and the facts of the cancellation; whether the applicant has had a certificate of authority termi nated by an insurer or agent and the facts of the termination; whether the applicant will devote all or part of his or her efforts to acting as an insurance agent or subagent and, if part time only, how much time the applicant expects to devote to such work and in what other business or businesses he or she will be engaged; whether, if the applicant is a married person, the husband or wife has ever applied for or held a license to solicit insur ance in any state and whether the license has been refused, surrendered, suspended, restricted, or revoked; and such other information as the Commissioner in his or her discretion may require.
(e) As to any application for an agent's or subagent's license or certificate of authority, the Commissioner shall require as part of application a certificate of the insurer or agent proposed to be represented relative to the applicant's identity, residence, experience, or instruction as to the kinds of insurance to be transacted; and the certificate shall state the extent and nature of the investigation of the applicant's character and background conducted by the insurer or agent, the fact that the insurer or agent is satisfied that the applicant is trustworthy and qualified to act as its agent or subagent and to hold himself or herself out in good faith to the general public as an agent or subagent, and the fact that the insurer or agent desires that the applicant be licensed as an agent or subagent to represent it in this state.
(e.l) Each applicant for an agency license shall file with the Commissioner the informa tion required under Code Section 33-23-3.
(f) All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law."
SECTION 7.
Said title is further amended by striking subsection (b) of Code Section 33-23-11, relating to issuance and content of a license, and inserting in its place the following:

FRIDAY, MARCH 28, 1997

2279

"(b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered if not an insurance agency license, and the other conditions of licensing."
SECTION 8.
Said title is further amended by striking Code Section 33-23-21, relating to grounds for refusal, suspension, or revocation of a license, and inserting in its place the following:
"33-23-21.
A license, other than a probationary license, may be refused or a license duly issued may be suspended or revoked by the Commissioner if the Commissioner finds that the appli cant for or holder of the license:
(1) Has violated any provision of this title or of any other law of this state relating to insurance;
(2) Has intentionally misrepresented or concealed any material fact in any application for a license or on any form filed with the Commissioner;
(3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud;
(4) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer, insured, agent, agency, applicant or a beneficiary;
(5) Has committed fraudulent or dishonest practices;
(6) Has materially misrepresented the terms and conditions of an insurance policy or contract;
(7) Has failed to pass an examination pursuant to this article, or cheated on any exami nation required for a license;
(8) Has failed to comply with or has violated any proper order, rule, or regulation, issued by the Commissioner, including any order issued by the Commissioner or his the Com missioner's designated representative during the course of any administrative hearing proceeding;
(9) Is not in good faith carrying on business as an agent or subagent, but, on the contrary, is holding such license for the purpose of securing rebates or commissions or controlled business;
(10) Is not in good faith carrying on business as a licensee under this chapter;
(11) Has shown lack of trustworthiness or lack of competence to act as an licensee under this chapter;
(12) Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk;
(13) Has failed or refused, upon written demand, to pay over to any insurer, agent, agency, applicant, beneficiary, or insured any moneys which belong to such insurer, agent, agency, applicant, beneficiary, or insured;
(14) Has failed to comply with Code Section 33-2-12 or 33-2-13 or has refused to appear or to produce records in response to a written demand by the Commissioner sent by reg istered or certified mail to the last known address of the licensee as shown in the records of the Commissioner;
(15) Has been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (16) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;

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(16) Has been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.
The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evi dence of arrest and sentencing for such crime;
(17) Has had a license to practice a business or profession licensed under the laws of this state or any other state, territory, country, or the United States revoked, suspended, or annulled by any lawful licensing authority other than the Commissioner; had other disci plinary action taken against him or her by any such lawful licensing authority other than the Commissioner; was denied or refused a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings;
(18) Has failed to notify the Commissioner within 60 days of any event referred to in paragraph (15), (16), or (17) of this Code section; or
(19) Is not in compliance with an order for child support as defined by Code Section 19-628.1 or 19-11-9.3; for violations of this paragraph only, any hearing and appeal proce dures conducted pursuant to such Code sections shall be the only such procedures re quired to suspend, deny, or revoke any license under this title."
SECTION 9.
Said title is further amended by striking subsection (a) of Code Section 33-23-23, relating to limitation on application after refusal or revocation of a license, and inserting in its place the following:
"(a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-22 shall be entitled to file another applica tion for a license as an agent, agency, subagent, counselor, or adjuster within five years from the effective date of the refusal, revocation, or, if judicial review of such refusal or revocation is sought, within five years from the date of the final court order or decree affirming such refusal or revocation."
SECTION 10.
Said title is further amended by striking Code Section 33-23-33, relating to information to be furnished by licensees, and inserting in its place the following:
"33-23-33.
(a)(l) Every licensee under this chapter other than an insurance agency shall keep the Commissioner advised of: the office address of the licensee; the residence address of the licensee; the name and address of each insurer that the licensee represents directly or indirectly; the name and address of each agency of which the licensee is proprietor, partner, officer, director, or employee or which the licensee represents; every trade name of such agency; and the names of all partners and members of any firm or associ ation and the corporate name of any corporation owning or operating the agency. The information shall be transmitted in writing by the licensee to the Commissioner.
(2) Every insurance agency licensee under this chapter shall keep the Commissioner advised of the information required under Code Section 33-23-3.

FRIDAY, MARCH 28, 1997

2281

(b) Any change in the information required by subsection (a) of this Code section shall be transmitted in writing to the Commissioner within 30 days of such change. The Commis sioner shall prescribe by rule or regulation the form and manner by which such informa tion will be transmitted."
SECTION 11.
Said title is further amended by striking Code Section 33-23-34, relating to records of transactions, and inserting in its place the following:
"33-23-34.
(a) Every licensee agent, subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include:
(1) In the case of an agent or subagent, a record of each insurance contract procured, issued, or countersigned together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid;
(2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement or any fee, commission, or other compensation re ceived or to be received by the adjuster on account of the investigation or adjustment; and
(3) Such other and additional information as may be customary or as may be reason ably required by the Commissioner.
(b) All records as to any particular transaction shall be kept for a term of five years beginning immediately after the completion of the transaction or the term of the con tract, whichever is greater, provided that records of losses adjusted by an independent adjuster may be kept at the office of the insurer for whom the adjuster acted.
(c) In the case of agents or subagents, the maintaining of the records required by this Code section at the insurance agency licensed under this chapter for which agency the transaction was undertaken shall be deemed to comply with the requirements of subsec tion (a) of this Code section?'
SECTION 12.
Said title is further amended by striking Code Section 33-23-45, relating to limitations on applicability of certain provisions, and inserting in its place the following:
"33-23-45.
This article shall apply only with respect to acts occurring on or after July 1, 1992 1997; provided, however, that nothing in this Code section shall prevent the Commissioner from implementing sanctions which were authorized by law with respect to acts occur ring prior to July 1, 1992 1997."
SECTION 13.
This Act shall become effective on July 1, 1997.
SECTION 14.
All laws and parts of laws in conflict with this Act are repealed.
Senator Brush of the 24th moved that the Senate adopt the Conference Committee report on HB 97.

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

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 45th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton

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

Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Egan James Land

Oliver Perdue (presiding) Starr

Streat (excused) Taylor Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 97.
At 6:06 P.M., Senator Perdue of the 18th, who was presiding, announced that the Senate would stand in recess until 6:30 P.M.
Senator Perdue of the 18th, called the Senate to order at 6:30 P.M.
The following bill was taken up to consider the Conference Committee Report thereto:

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.

The Conference Committee Report was as follows:

The Committee of Conference on HB 183 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 183 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charles C. Clay Senator, 37th District

/s/ Arnold Mays Ragas Representative, 64th District

/s/ Rene D. Kemp Senator, 3rd District

/s/ William C. Randall Representative, 127th District

/s/ David Ralston Senator, 51st District

/s/ James G. Richardson Representative, 26th District

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2283

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 183
A BILL
To be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that under certain conditions a person who has been arrested may request in writing that the arresting agency expunge the records of such arrest; to provide for review of such request by the prosecuting attorney; to provide criteria for expungement; to provide for the destruc tion of certain records if the records qualify for expungement; to provide for the preserva tion of certain records to conform to constitutional requirements; to provide that the Georgia Crime Information Center shall restrict access to the criminal history of certain persons; to provide that certain records shall be available to certain criminal justice offi cials under certain conditions; to provide for actions to enforce certain rights under this Act; to provide for the award of reasonable court costs and attorney's fees in certain cases; to provide conditions under which records shall not be expunged; to provide for appeals by the prosecuting attorney in cases where the recommendation of the prosecuting attorney is not followed; to provide procedures for expungement of criminal records in certain cases where there has been an indictment or accusation; to provide that certain information re lating to criminal cases shall not be destroyed or disclosed; 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 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking Code Section 35-3-37, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, and inserting in lieu thereof a new Code Section 35-3-37 to read as follows:
"35-3-37.
(a) Nothing in this article shall be construed so as to authorize any person, agency, corpo ration, or other legal entity to invade the privacy of any citizen as defined by the General Assembly or the courts other than to the extent provided in this article.
(b) The center shall make a person's criminal records available for inspection by him such person or his or her attorney upon written application to the center. Should the person or his or her attorney contest the accuracy of any portion of the records, it shall be mandatory upon the center to make available to the person or his such person's attorney a copy of the contested record upon written application identifying the portion of the record contested and showing the reason for the contest of accuracy. Forms, procedures, identification, and other related aspects pertinent to access to records may be prescribed by the center.
(c) If an individual believes his or her criminal records to be inaccurate or complete, he or she may request the original agency having custody or control of the detail records to purge, modify or supplement them and to notify the center of such changes. Should the agency decline to act or should the individual believe the agency's decision to be unsatis factory, the individual or his or her attorney may, within 30 days of such decision, enter an appeal to the superior court of the county of his or her residence or to the court in the county where the agency exists, with notice to the agency, to acquire an order by the court that the subject information be expunged, modified, or supplemented by the agency of record. The court shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the probate court, except that the appellant shall not be required to post bond or pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certi fied mail shall be sufficient service on the agency having custody or control of disputed

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record that such appeal has been entered. Should the record in question be found to be inaccurate, incomplete, or misleading as set forth in paragraph (3) of subsection (d) of this Code section, the court shall order it to be appropriately expunged, modified, or sup plemented by an explanatory notation. Each agency or individual in the state with cus tody, possession, or control of any such record shall promptly cause each and every copy thereof in his or her custody, possession, or control to be altered in accordance with the court's order. Notification of each such deletion, amendment, and supplementary nota tion shall be promptly disseminated to any individuals or agencies, including the center, to which the records in question have been communicated, as well as to the individual whose records have been ordered so altered.
(d)(l) An individual who was:
(A) Arrested for an offense under the laws of this state but subsequent to such arrest is released by the arresting agency without such offense being referred to the prose: cuting attorney for prosecution; or
(B) After such offense referred to the proper prosecuting attorney, and the prosecut ing attorney dismisses the charges without seeking an indictment or filing an accusation
may request the original agency in writing to expunge the records of such arrest, in cluding any fingerprints or photographs of the individual taken in conjunction with such arrest, from the agency files. Such request shall be in such form as the center shall prescribe. Reasonable fees shall be charged by the original agency and the center For the actual costs of the purging of such records, provided that such fees shall not exceed $50^00?
(2) Upon receipt of such written request, the agency shall provide a copy of the request to the proper prosecuting attorney. Upon receipt of a copy of the request to expunge a criminal record, the prosecuting attorney shall promptly review the request to deter mine if it meets the criteria for expungement set forth in paragraph (3) of this subsec tion. If the request meets those criteria, the prosecuting attorney shall review the records of the arrest to determine if any of the material contained therein must be preserved in order to protect the constitutional rights of an accused under Brady v. Maryland.
(3) An individual has the right to have his or her record of such arrest expunged, in cluding any fingerprints or photographs of the individual taken in conjunction with such arrest, if the prosecuting attorney determines that the following criteria have been satisfied:
(A) The charge was dismissed under the conditions set forth in paragraph (1) of this subsection;
(B) No other criminal charges are pending against the individual; and
(C) The individual has not been previously convicted of the same or similar offense under the laws of this state, the United States, or any other state within the last five years, excluding any period of incarceration.
(4) The agency shall expunge the record by destroying the fingerprint cards, photo graphs, and documents relating exclusively to such person. Any material which can not be physically destroyed or which the prosecuting attorney determines must be preserved under Brady v. Maryland shall be restricted by the agency and shall not be subject to disclosure to any person except by direction of the prosecuting attorney or as ordered by a court of record of this state.
(5) It shall be the duty of the agency to notify promptly the center of any records which are expunged pursuant to this subsection. Upon receipt of notice from an agency that JTrecord has been expunged, the center shall, within a reasonable time, restrict access to the criminal history of such person relating to such charge. Records for which access

FRIDAY, MARCH 28, 1997

2285

is restricted pursuant to this subsection shall be made available only to criminal jus

tice officials~upon written application for official judicial law enforcement or criminal

investigative purposes.

~

(6) If the agency declines to expunge such arrest record, the individual may file an action in the superior court where the agency is located as provided in Code Section 5013-19". A decision of the agency shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in paragraph (3) of this subsection or subparagraphs (A) through (G) of paragraph (7) of this subsec tion. The court in its discretion may award reasonable court costs including attorney's fees to the individual if he or she prevails in the appellate process. Any such action shall be served upon the agency, the center, the prosecuting attorney having jurisdic tion over th"e offense sought to be expunged, and the Attorney General who may be come parties to the action.

(7) After filing of an indictment or an accusation, a record shall not be expunged if the prosecuting attorney shows that the charges were nolle pressed, dead docketed, or otherwise dismissed becauseT

(A) Of a plea agreement resulting in a conviction for an offense arising out of the same underlying transaction or occurrence as the conviction;

(B) The government was barred from introducing material evidence against the indi vidual on legal grounds including but not limited to the grant of a motion to suppress or motion in limine;

(C) A material witness refused to testify or was unavailable to testify against the individual unless such witness refused to testify based on his or her statutory right to do so;

(D) The individual was incarcerated on other criminal charges and the prosecuting attorney elected not to prosecute for reasons of judicial economy;

(E) The individual successfully completed a pretrial diversion program the terms of which did not specifically provide for expungement of the arrest record;

(F) The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of this state, the United States, another state, or foreign nation; OT

(G) The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution.

(8) If the prosecuting attorney having jurisdiction determines that the records should not be expunged because the criteria set forth in paragraph (3) or subparagraphs (A) through (G) of paragraph (7) of this subsection were not met, and the agency or center fails to follow the prosecuting attorney's recommendation, the prosecuting attorney having jurisdiction over the offense sought to be expunged or the Attorney General may appeal a decision by the agency or center to expunge a criminal history as prcT vided in Code Section 50-13-19.

(9) An individual who has been indicted or charged by accusation that was subse quently dismissed, dead docketed, or nolle prossed may request an expungement as provided b^paragraphs (1) through (3) of this subsection; provided, however, that if the prosecuting attorney objects to the expungement request within 60 days after re ceiving a copy of said request from the agency, the agency shall decline to expunge an3 the individual shall have the right to appeal as provided by paragraph (6) of this subsection.

(10) Nothing in this subsection shall be construed as requiring the destruction of inci dent reports or other records that a crime was committed or reported to law enforce^ ment. Further, nothing in this subsection shall be construed to apply to custodial records maintained by county or municipal jail or detention centers. It shall be the duty of the "agency to take such action as may be reasonable to prevent disclosure~of

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information to the public which would identify such person whose records were expungedT
fctXe) Agencies, including the center, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures, fees not to exceed $3.00, or restrictions including fingerprinting as are reasonably necessary to assure the records' security, to verify the identities of those who seek to inspect them, and to maintain an orderly and efficient mechanism for inspec tion of records.
The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act7 shall not apply to proceedings under this Code section.
tf)(g) If the center has notified a firearms dealer that a person is prohibited from purchas ing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such person's being involuntarily hospitalized within the immediately preceding five years, upon such person or his or her attorney making an application to inspect his or her records, the center shall provide the record of involun tary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person's eligibility to possess or transport a handgun."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate adopt the Conference Committee re port on HB 183.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Boshears Broun of 46th Burton Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin

Guhl Harbison Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Madden Marable Middleton

Ragan Ralston Roberts Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Blitch Bowen Brown of 26th Brush Cagle

Egan Henson Hill (excused) Johnson of 1st Langford Oliver (excused) Perdue (presiding)

Price of 28th Price of 56th Ray Scott Streat (excused) Thomas of 10th Walker

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adopted the Conference Committe report on HB 183.
The following communication was received by the Secretary:

FRIDAY, MARCH 28, 1997

2287

STATE OF GEORGIA
Office of the Governor Atlanta 30334-0900
March 28, 1997

Honorable Pierre Howard Lieutenant Governor and
President of the Senate, and Members of the Senate Senate Chamber Atlanta, Georgia 30334

Dear Lieutenant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointment for confirmation: The Honorable Joseph E. Kennedy of Evans County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning March 28, 1997 and ending January 1, 1999.
Thank you for your thoughtful consideration of this appointment.
Sincerely, /s/ Zell Miller
Senator Perdue of the 18th, President Pro Tempore, who was presiding, stated at this time the Senate would consider in open session the appointments submitted by His Excel lency, Governor Zell Miller, in communications to the Senate on January 29, March 21, and March 28, which appear in the Journals of January 30, March 21, and March 28.
Senator Taylor of the 12th asked unanimous consent that the reading of the appoint ments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments, unless any Senator desig nated any appointee to be deleted from the list and voted on individually. The consent was granted.
No Senator requested the name of any appointee be deleted.
The following committee reports were read by the Secretary:
The State Senate Atlanta, Georgia 30334
February 24, 1997

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

RE: State Board of Education

Dear Governor:

This letter is to inform you that the Senate Education Committee met on February 12, 1997 in room 450 of the Capitol. The committee voted unanimously to recommend the confirmation of all State Board of Education appointments, as follows:

District 1st

Name and Address
Willou Smith 127 F Street Brunswick, GA 31520

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2nd

William R. Grow, M.D.

Valdosta Medical Clinic

3207 Country Club Drive

Valdosta, GA 31602

4th

Edward B. Andrews

1792 Morris Landers Drive

Atlanta, GA 30345

5th

Larry D. Thompson

King and Spaulding

191 Peachtree Street

Atlanta, GA 30303

6th

Johnny Isakson

6065 Roswell Rd.

Suite 600

Atlanta, GA 30328

7th

Brenda Cody Fitzgerald, M.D.

205 Hickory Chase

Carrollton, GA 30117

9th

Philip Arthur Wilheit Sr.

P.O. Box 111

Gainesville, GA 30503

10th

E.G. Meybohm

3525 Walton Way Extension

Augusta, GA 30909

llth

Barbara Thurmond Archibald

Athens Tutorial Program

P.O. Box 49

Athens, GA 30603

We look forward to working with the new State Board of Education.

Sincerely, /s/ Richard O. Marable, Chairman
Senate Education Committee

The State Senate Atlanta, Georgia 30334
March 24, 1997

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

Dear Frank,
The Senate Committee on Higher Education met Monday, March 24, 1997, and considered the Governor's appointees to the Board of Regents of the University System of Georgia. The Committee voted unanimously to recommend to the Senate that the following appoin tees be confirmed:
Mr. A.W. Dahlberg of DeKalb County, for the term of office beginning January 7, 1997 and ending January 1, 2004.
Mr. George M.D. Hunt, III of Tift County, for the term of office beginning January 7, 1997 and ending January 1, 2004.

FRIDAY, MARCH 28, 1997

2289

Mr. Elridge W. McMillan of Fulton County, for the term of office beginning January 7, and ending January 1, 2003.
Mr. Glenn S. White of Gwinnett County, for the term of office beginning January 7, and ending January 1, 1998.
If you require further information, please contact my office.
Sincerely, /s/ Jack Hill

The State Senate Atlanta, Georgia 30334
March 28, 1997

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

Dear Frank,
The Senate Committee on Higher Education met Friday, March 28, 1997, and considered the Governor's appointee to the Board of Regents of the University System of Georgia. The Committee voted unanimously to recommend to the Senate that the following appointee be confirmed:
Honorable Joseph E. Kennedy of Evans County, for the term of office beginning March 28, 1997 and ending January 1, 1999.
If you require additional information, please contact my office.
Sincerely, /s/ Jack Hill

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

Those voting in the affirmative were Senators:

Boshears Bowen Broun of 46th Brush Burton Cheeks Clay Crotts Dean Fort Gillis Glanton
Gochenour

Griffin Guhl Harbison Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Madden Marable
Middleton

Price of 56th Ragan Ralston Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Turner Tysinger

Those not voting were Senators:

Abernathy Balfour Blitch Brown of 26th Cagle Egan

Henson Hill (excused) Johnson of 1st Langford Oliver (excused) Perdue (presiding)

Price of 28th Ray Streat (excused) Thomas of 10th Thompson Walker

On the confirmation, the yeas were 38, nays 0, and all the Governor's appointees were confirmed.

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On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Zell Miller:
Office of the Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334 March 28, 1997
Honorable Zell Miller Governor State Capitol Atlanta, Georgia
Dear Governor Miller:
Under the rules of the Georgia State Senate governing confirmation of appointments sub mitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on January 29, 1997, March 21, 1997 and March 28, 1997, were acted upon by the Georgia State Senate in Session on March 28, 1997, with the following results:
Honorable Willou Smith of Glynn County, as a member of the State Board of Education for the term of office beginning January 6, 1997 and ending January 1, 2002. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable William R. Grow of Lowndes County, as a member of the State Board of Educa tion for the term of office beginning January 6, 1997 and ending January 1, 2002. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Edward B. Andrews of Fulton County, as a member of the State Board of Educa tion for the term of office beginning January 6, 1997 and ending January 1, 1999. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Larry D. Thompson of Fulton County, as a member of the State Board of Educa tion for the term of office beginning January 6, 1997 and ending January 1, 2004. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Johnny Isakson of Cobb County, as a member of the State Board of Education for the term of office beginning January 6, 1997 and ending January 1, 2004. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Brenda Cody Fitzgerald of Carroll County, as a member of the State Board of Education for the term of office beginning January 6, 1997 and ending January 1, 2004. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Philip A. Wilheit, Sr. of Hall County, as a member of the State Board of Educa tion for the term of office beginning January 6, 1997 and ending January 1, 1999. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable E.G. Meybohm of Richmond County, as a member of the State Board of Educa tion for the term of office beginning January 6, 1997 and ending January 1, 1999. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Barbara Archibald of Clarke County, as a member of the State Board of Educa tion for the term of office beginning January 6, 1997 and ending January 1, 2000. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Dotty W. Roach of Fulton County, as Commissioner of the Department of Ad ministrative Services for the term of office beginning June 6, 1996 to serve at the pleasure of the Governor. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 28, 1997

2291

Honorable Stephen J. Adams of Gwinnett County, as a member of the State Board of Bar bers for the term of office beginning June 17, 1996 and ending July 25, 1998. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Charles W. Manning, Sr. of Laurens County, as a member of the State Board of Barbers for the term of office beginning June 17, 1996 and ending June 30, 1998. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Sherman R. Day of Cobb County, the Honorable Violet Bennett of Wayne County and the Honorable Eddie L. Long of DeKalb County, as members of the Board of Children and Youth Services for the term of office beginning May 28, 1996 and ending July 6, 2000. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable William J. Shellem, Jr. of Muscogee County, as a member of the Board of Chil dren and Youth Services for the term of office beginning May 28, 1996 and ending July 6, 1996. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable John C. Foster of Habersham County and the Honorable Robert L. Brown of DeKalb County, as members of the Board of Corrections the term of office beginning March 6,1997 and ending July 1, 2001. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable Bruce Hudson of Douglas County, as a member of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1,1998. The vote on this confir mation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Charles B. Webster of Richmond County, as a member of the Board of Correc tions for the term of office beginning March 6, 1997 and ending July 1, 1997. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable A. D. Frazier, Jr. of Fulton County, as a member of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1, 2000. The vote on this confir mation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Peggy I. Moon of Franklin County, as a member of the State Board of Cosmetol ogy for the term of office beginning May 8, 1996 and ending August 8, 1998. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Ollie Pendley of Douglas County, as a member of the State Board of Cosmetol ogy for the term of office beginning May 8, 1996 and ending May 1, 1998. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable James Gowen Fendig of Chatham County, as a member of the State Forestry Commission for the term of office beginning May 22,1996 and ending January 1, 2003. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Larry S. Walker of Bibb County, as a member of the State Forestry Commission for the term of office beginning May 22, 1996 and ending January 1, 2002. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Paul W. Bryan, Jr. of Thomas County, as a member of the State Forestry Com mission for the term of office beginning May 22, 1996 and ending January 1, 1997. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Terrell Alien of Troup County, the Honorable J. Gregory Jones of Bibb County and the Honorable Hilton Hatchett Howell, Jr. of Fulton County, as members of the Board of Human Resources for the term of office beginning May 17, 1996 and ending April 6, 2002. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable Todd Jarrell of Muscogee County, as a member of the Board of Human Re sources for the term of office beginning May 17, 1996 and ending April 6, 2001. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.

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Honorable David C. Garrett, III of DeKalb County and the Honorable Roger Willis of Gwinnet County, as members of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 1998. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable Rick Porter of DeKalb County, as a member of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 1999. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Jerry Vereen of Colquitt County, the Honorable Arthur M. Gignilliat, Jr. of Chatham County and the Honorable Robert L. Head, Jr. of Union County as members of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 2001. The vote on this confirmation was yeas 38, nays 0, and the nomi nees were confirmed.
Honorable A. Ray Weeks of Gwinnett County, as a member of the Board of Industry, Trade and Tourism for the term of office beginning January 6, 1997 and ending July 1, 1997. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable J. Veronica Biggins of Fulton County and the Honorable Richard Robert Ensley of Bibb County, as members of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning December 30, 1996 and ending December 15, 2001. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable Barbara M. Dooley of Clarke County, as a member of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning June 3, 1996 and ending December 15, 1997. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Bobby Wayne Hill of Cobb County, as a member of the Composite State Board of Medical Examiners for the term of office beginning May 2, 1996 and ending September 10, 1999. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable William Bell of Clayton County and the Honorable Connell Stafford of Fulton County, as members of the Georgia Music Hall of Fame Authority for the term of office beginning May 17, 1996 and ending January 1, 2000. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable J. D. Caswell of Gwinnett County, the Honorable Walter C. McNeely of Glynn County and the Honorable Thomas W. Wheeler, Jr. of Fulton County, as members of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending January 1, 2004. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable Lamond Godwin of Fulton County and the Honorable William H. Whaley of Fulton County, as members of the Board of Natural Resources for the term of office begin ning January 28, 1997 and ending April 16, 1999. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable Benjamin G. Porter of Bibb County, as a member of the Board of Natural Re sources for the term of office beginning January 28, 1997 and ending January 1, 2003. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable James Reynolds, III of Greene County, as a member of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending April 16, 2001. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Glenn E. Taylor of Fulton County, as a member of the Board of Natural Re sources for the term of office beginning January 28, 1997 and ending April 16, 2004. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Tom Carey of Fulton County, as a member of the Nonpublic Postsecondary Edu cation Commission for the term of office beginning January 14, 1997 and ending July 1, 1997. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.

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Honorable Bonnie C. Cleland of Chatham County, the Honorable Roy Rucks of Gwinnett County, the Honorable William A. Tomlin of Meriwether County and the Honorable Lillie R. Tripp of Greene County, as members of the Nonpublic Postsecondary Education Com mission for the term of office beginning January 14, 1997 and ending July 1, 1999. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable Louisa Franklin of Towns County, the Honorable Wade W. Herring of Bibb County and the Honorable Janie Hudson of Douglas County, as members of the Nonpublic Postsecondary Education Commission for the term of office beginning January 14, 1997 and ending July 1, 1998. The vote on this confirmation was yeas 38, nays 0, and the nomi nees were confirmed.
Honorable Betty Ann Cook of DeKalb County, as a member of the State Board of Pardons and Paroles for the term of office beginning January 7, 1997 and ending December 31, 2003. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Walter S. Ray of Coffee County, as a member of the State Board of Pardons and Paroles for the term of office beginning March 29, 1996 and ending December 31, 1997. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Claybon J. Edwards of Peach County, as a member of the State Personnel Board for the term of office beginning January 23, 1997 and ending January 3, 2002. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Anne H. Kaiser of DeKalb County, as a member of the State Personnel Board for the term of office beginning January 23, 1997 and ending January 3, 2000. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Robert Wagner of DeKalb County, as a member of the State Personnel Board for the term of office beginning January 23, 1997 and ending January 3, 2001. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Donald Haralson of Crisp County, as a member of the board of Public Safety for the term of office beginning March 12, 1997 and ending January 20, 2000. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable A. W. Dahlberg of DeKalb County, and the Honorable George M. D. Hunt, III of Tift County, as members of the Board of Regents of the University System of Georgia for the term of office beginning January 7, 1997 and ending January 1, 2004. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable Eldridge McMillan of Fulton County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 7, 1997 and ending January 1, 2003. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Glenn S. White of Gwinnett County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 7, 1997 and ending January 1, 2003. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Donna Novak Coles of Cobb County, as a member of the Georgia Student Fi nance Commission for the term of office beginning May 20, 1996 and ending March 15, 2001. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Mattie Hicks of Liberty County, as a member of the Georgia Student Finance Commission for the term of office beginning May 20, 1996 and ending March 15, 2002. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Patsy H. Upchurch of Carroll County, as a member of the Georgia Student Fi nance Commission for the term of office beginning May 14, 1996 and ending March 15, 2001. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.

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Honorable Thomas Sidney Yow, III of Towns County, as a member of the Georgia Student Finance Commission for the term of office beginning May 14, 1996 and ending March 15, 2002. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Charles A. Harris of Irwin County, as a member of the State Board of Technical and Adult Education for the term of office beginning June 6, 1996 and ending June 30, 2000. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Honorable Donald Pope of Bibb County and the Honorable Robert L. Silverman of DeKalb County, as members of the State Board of Technical and Adult Education for the term of office beginning June 6, 1996 and ending June 30, 2000. The vote on this confirmation was yeas 38, nays 0, and the nominees were confirmed.
Honorable Joseph E. Kennedy of Evans County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning March 28, 1997 and ending January 1, 1999. The vote on this confirmation was yeas 38, nays 0, and the nominee was confirmed.
Sincerely, /s/ Frank Eldridge, Jr.
Secretary of the Senate
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 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 reapportionment of election districts for municipal elections, so as to provide that in addition to reapportionment following publication of the de cennial census, the governing authority of any municipal corporation is author ized, from time to time, to reapportion or modify the election districts from which members of the municipal governing authority are elected.
The House has disagreed to the Senate substitute to the following bill of the House:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 242. By Senators Johnson of the 1st, Dean of the 31st, Thompson of the 33rd and others:
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.

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SB 182. By Senators Kemp of the 3rd, Tanksley of the 32nd, Ray of the 48th and others:
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 following bill was taken up to consider House actions thereto:
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.
Senator Madden of the 47th moved that the Senate insist on its substitute to HB 330.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 330.
Senator Dean of the 31st moved that Senator Gillis of the 20th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Gillis was excused.
Senator Griffin of the 25th moved that Senator Thomas of the 10th be excused. On the motion, the yeas were 36, nays 0, the motion prevailed, and Senator Thomas was excused.
The President resumed the Chair.
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Chapters 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 or temporary guardian of the prop erty; to change provisions relating to sale of stocks and bonds; to provide for sale of perisha ble 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 change provisions relating to service on minors or incapacitated adults; to eliminate certain provisions relat ing to appraisement of assets; to provide that a warranty in a conveyance by a guardian may not bind that ward's estate or bind the guardian personally except in specified circum stances; to change provisions relating to public sales and the manner, advertisement, peti tions, location, time, payment terms, and returns thereof; to change provisions relating to sale of evidences 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 for notice to the attorney of the proposed ward of the date and time of the evalua tion and changes in such date and time; to provide that the judge of the probate court shall

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have the exclusive power to change such date, place, and time; 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 counsel; to provide effective dates; to repeal con flicting 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 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 annual 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 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

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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.
(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 or temporary 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 described in this article; provided, however, that good cause is shown for not waiting until a different type of guardianship is created."
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.",

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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 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 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 if the minor or the incapacitated adult is within this state. If the minor or the inca pacitated adult is outside of this state or cannot be located, service upon the minor or the incapacitated adult may be by personal service or by registered or certified mail to the

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last known address of the minor or the incapacitated adult. If the incapacitated adult is a patient in any hospital, medical facility, residential facility, or any similar institution located within or outside this state, service upon such incapacitated adult may be per fected by delivery of a copy of the petition and citation to the incapacitated adult by a member of the staff of the institution in which the incapacitated adult is confined; the staff member shall make a certificate of the delivery and return the same to the judge of the probate court issuing the citation. The judge of the probate court shall appoint a guardian ad litem for the minor or the incapacitated adult and cause a copy of the peti tion and citation to be served upon the guardian ad litem. 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."
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:
"29-2-8.
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

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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 prop erty 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 trail 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 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.

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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 29-2-10.4 shall be advertised in a newspaper 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 spe cial 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 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.

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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.
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.
Said article is further amended by striking in its entirety Code Section 29-2-24, relating to inventory and appraisement, as 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 inserting in lieu thereof the following:

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"29-2-24.
Every guardian shall make a just and true inventory of all the personal property owned and possessed by the ward and all real property located in the county of the guardianship
miu slicill piuuuue ami cAliibiL Hie mvciiLui^y, il pussiult;, 10 Hit; cippicut;ie> cippuiiitcd pui-
suant tu Cude Sections 29-2-25 and 29-2-26. The inventory shall be filed with the judge of the probate court within four months after the qualification of the guardian. When the inventory and appi aisement ai b is returned to the judge of the probate court, the guard ian shall swear, in addition to fEe usual oath on making returns, that the inventory contains a true statement of all the goods, chattels, rights, and credits of the ward which are in the guardian's hands, possession, or knowledge. The guardian shall also return, under oath, with the appiaisement, so far as may come to the guardian's knowledge, all real property outside the county of the guardianship."
SECTION 10.
Said article is further amended by striking in their entirety Code Sections 29-2-25, relating to warrants of appraisement; 29-2-26, relating to request for appraisement; 29-2-27, relat ing to oath of appraisers; 29-2-28, relating to execution of the warrant of appraisement and return of inventory; 29-2-29, relating to the return of appraisers; 29-2-30, relating to debts due by the guardian to the estate and interest in unsettled partnership; and 29-2-31, relat ing to the failure of the guardian to return a correct inventory and appraisement, 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:
"29-2-25.
Upon the filing of a request for an appraisement, pursuant to Code Section 29-2-26, the judge of the probate court shall issue a warrant of appraisement directed to five disinter ested freeholders who are citizens of the county where the guardianship is pending, any three of whom shall be qualified to act, requiring them on oath fairly and justly to ap praise and value all of the personal property produced to them by the guardian and all real estate belonging to the ward, whether the real estate is situated in the county of the guardianship or any other county of this state.
29-2-26.
Any other law to the contrary notwithstanding, the property shall not be appraised un less a request for an appraisement is filed with the judge of the probate court within 90 days after the guardian files the inventory.
29-2-27.
The appraisers, before entering upon their duties, shall take and subscribe an oath before an officer authorized to administer oaths or before one of their number who, by this Code section, shall be authorized to administer the oath faithfully to discharge their duty as appraisers.
29-2-28.
The warrant of appraisement shall be executed, except when execution is prevented by providential causes, within 60 days after the warrant is issued, and the inventory and appraisement shall be returned to the judge of the probate court within four months after the issuance of the warrant. If the execution or return is delayed beyond the periods specified, the judge shall inquire into the reason and place the reason on the record with the return.
29-2-29.
The return of the appraisers shall be in writing and certified by their own signatures, any three appraisers being competent to act. The return shall be delivered to the guard ian and returned by the guardian to the judge of the probate court.

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29-2-30.
Debts due by the guardian to the estate shall be included in the inventory. Notice shall also be taken of any interest which the estate may have in an unsettled partnership, even if the assets are in the hands of a surviving partner. 29-2-31.
The failure of a guardian to return a correct inventory and appraisement shall be suffi cient ground for removal."
SECTION 11.
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 Sections 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 294-12; and
(C) Code Sections 53-7-180 and 53-7-184 53-7-73 through 53-7-191 53-7-78, relating to reports and accounts of fiduciaries."
SECTION 12.
Said chapter is further 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 not 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

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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;
(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 13.

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:
"Persons determined incapacitated pursuant to this chapter or alleged to be so incapaci tated 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 re move from the ward the power to bring an action relating to the guardianship, individu ally or through legal counsel."

SECTION 14.

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 (f) 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."

SECTION 15.

(a) Notwithstanding the provisions of Code Section 1-3-4.1, Sections 1, 12, 13, 14, and this section of this Act shall become effective on July 1, 1997.
(b) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 shall become effective on January 1, 1998.

SECTION 16.

All laws and parts of laws in conflict with this Act are repealed.
Senator Ray of the 48th moved that the Senate agree to the House substitute to SB 182.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th

Brown of 26th Brush Burton Cagle Cheeks

Clay Crotts Dean Egan Fort

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Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Kemp Lamutt

Land Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray

Those not voting were Senators:

Blitch Gillis (excused) James

Johnson of 1st Langford

Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker
Streat (excused) Thomas of 10th (excused)

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 182.
The following bill was taken up to consider House action thereto:

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 reapportionment of election districts for municipal elections, so as to provide that in addition to reapportionment following publication of the de cennial census, the governing authority of any municipal corporation is author ized, from time to time, to reapportion or modify the election districts from which members of the municipal governing authority are elected.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 36-35-4.1 of the Official Code of Georgia Anno tated, relating to reapportionment of election districts for municipal elections, so as to pro vide that in addition to reapportionment following publication of the decennial census, the governing authority of any municipal corporation is authorized, under certain circum stances, to reapportion or modify the election districts from which members of the munici pal governing authority are elected; to provide that such reapportionment of districts shall be effective for the election of one or more members to the municipal governing authority at the next regular general municipal election or special municipal election following such reapportionment; to provide certain limitations on such reapportionment; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 36-35-4.1 of the Official Code of Georgia Annotated, relating to reapportion ment of election districts for municipal elections, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) In addition to reapportionment following publication of the decennial census, the governing authority of any municipal corporation with a population of 40,000 or more according to the latest United States decennial census is authorized not more than one

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time during the ten-year period between the publication of consecutive decennial cen suses to reapportion or modify the election districts from which members of the munici pal governing authority are elected; provided, however, that (1) no such reapportionment shall result in the redistricting of more than 600 persons, (2) no such reapportionment shall occur within 180 days of a general or special municipal election or primary, and (3) a map reflecting any changes and copies of any communications to or from the United States Department of Justice relating to such changes are furnished to the Secretary of State and the Legislature Reapportionment Office within 30 days after such change or communication. Such reapportionment of districts shall be effective for the election of one or more members to the municipal governing authority at the next regular general municipal election or special municipal election following such reapportionment."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 113.
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 Clay Dean Egan Glanton Gochenour Griffin

Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th

Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Crotts Fort Gillis (excused)

James Johnson of 1st Oliver

Perdue Streat (excused) Thomas of 10th (excused)

On the motion,. The yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 113.
The following bill was taken up to consider the Conference Committee Report thereto:
HB 104. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers.

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The Conference Committee Report was as follows:

The Committee of Conference on HB 104 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 104 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Eddie Madden Senator, 47th District

/s/ J. M. Davis Representative, 60th District

/s/ Steve Thompson Senator, 33rd District

/s/ Bobby E. Parham Representative, 122nd District

Is/ Joe Burton Senator, 5th District

/s/ Roy Barnes Representative, 33rd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 104

A BILL
To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for the use of dealers' numbers; to provide for the promulgation by the state revenue commissioner of rules and regulations for the issuance of special license plates; to state legislative findings; to provide standards, procedures, and fees for the issuance of special plates; to provide for free plates and decals for certain veterans; to provide for display of such plates on motorcycles; to provide for special license plates commemorating square and round danc ers, special plates honoring and supporting Shrine Hospitals for children, special plates commemorating Civil War battlefields and historic sites, and special "Supporting Public Schools" plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking subsection (a) of Code Section 40-2-38, relating to registration and licensing of dealers, manufacturers, and distributors, and in serting in lieu thereof the following:
"(a) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leas ing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number, and to be distin guished from the number plates provided for in this chapter by a different and distin guishing color to be determined by the commissioner, with the word 'Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. A dealer may use or permit to be used a dealer's number for private use on vehicles owned by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing

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dealer's number used by an employee or officer shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. A dealer may apply for one or more distinguishing dealer's numbers. The manufacturer's or dis tributor's license plate is limited to no longer than six months' use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distributors number plates with the word 'Manufacturer' or 'Distrib utor' on such plates. Nothing in this subsection shall preclude a manufacturer or distrib utor from using a 'Manufacturer' or 'Distributor' number plate on motor vehicles they own when such vehicles are used for evaluation or demonstration purposes, notwith standing incidental personal use by a manufacturer or distributor. In the event the deal ers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished. Persons engaged in the business of transporting vehicles for others under such vehicle's own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being transported."
SECTION 2.
Said chapter is further amended by inserting after Code Section 40-2-60 a new Code Sec tion 40-2-60.1 to read as follows:
"40-2-60.1.
(a) The General Assembly finds that during recent years prior to and including 1997 there have been proposed and enacted numerous laws providing for the issuance of spe cial license plates for certain persons and vehicles. The General Assembly finds that there exists a need for a standardized administrative process to provide for the authori zation of issuance of such special license plates and that the public interest will be best served by such a standardized administrative process. While recognizing that the legis lature may not abridge its powers, the General Assembly declares that it is in the public interest of this state for future proposals for special license plates to be governed by the administrative process established by this Code section rather than by the legislative process.
(b) The commissioner of revenue is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. Such rules and regulations shall provide that no such special license plate shall be issued except upon the application of least 1,000 persons. The rules and regulations shall provide for the manner of such applications. The rules and regulations shall provide that upon receipt of the requisite number of applications, a special license plate may be issued as provided in this Code section. The rules and regulations may provide for exceptions whereby a spe cial plate will not be issued if the issuance of the plate would adversely affect public safety. The rules and regulations shall provide for the design and manufacture of such special license plates and shall provide that such plates shall be readily recognizable as Georgia license plates through the adoption of a standard design containing a smaller space for the insertion of an appropriate logo or graphic identifying the special nature of the license plate. Subject to the foregoing provisions of this subsection, the design of each special license plate shall be in the discretion of the state revenue commissioner.
(c) Any resident motor vehicle owner desiring a special license plate provided for in this Code section shall submit to the commissioner a completed application form for such plate with a $25.00 manufacturing fee in addition to the regular motor vehicle registra tion fee. Upon complying with the motor vehicle registration and licensing laws and the rules and regulations authorized in this Code section, a resident motor vehicle owner shall be issued a special license plate if the issuance of such plate is otherwise authorized under this Code section.
(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

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$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 be transferred between vehicles as provided in Code Section 40-2-80.
(e) Nothing in this Code section shall affect any special license plate provided for by any other law in existence on or becoming effective on the effective date of this Code section."
SECTION 3.
Said chapter is further amended by striking Code Section 40-2-69, relating to free license plates and revalidation decals for certain disabled veterans, and inserting in lieu thereof a new Code Section 40-2-69 to read as follows:
"40-2-69.
(a) Any veteran who was discharged under honorable conditions and who served on ac tive duty in the armed forces of the United States or on active duty in a reserve compo nent of the United States, including the National Guard, during wartime or during the peiiod beginning January 31, 1955, and muling May 7, 1970, shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that he such veteran is receiving or that he or she is entitled to receive a statutory award from the United States Department of Veterans Affairs for:
(1) Loss or permanent loss of use of one or both feet;
(2) Loss or permanent loss of use of one or both hands;
(3) Loss of sight in one eye or both eyes; or
(4) Permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acu ity of more than 20/200 if there is a field defect in which the peripheral field has con tracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye.
(b) Any w ai time veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 per cent total disabled and entitled to receive service connected benefits shall, upon applica tion therefor, be issued a free motor vehicle license plate upon presentation of proof that he or she is receiving or that he or she is entitled to receive benefits for a 100 percent service connected disability, as long as he or she is 100 percent disabled. A veteran who claims that such 100 percent total disability is permanent shall furnish proof of such permanent disability through a letter from the United States Department of Veterans Affairs.
(c) (1) Once a veteran has established his or her eligibility to receive free motor vehicle license plates as a result of being permanently disabled, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years on any automobile, private passenger pickup truck, motorcycle, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future.
(2) Once a veteran has established his or her eligibility to receive free motor vehicle license plates as a result of having a 100 percent total disability which has not been determined to be a permanent disability, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years upon furnishing, on an annual basis, proof of such 100 percent disability through a letter from the United States De partment of Veterans Affairs. Such free plates or free revalidation decals shall apply to any automobile, private passenger pickup truck, motorcycle, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future.

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(3)(A) Two license plates or revalidation decals each year shall be furnished for vehi cles other than motorcycles to veterans qualifying under this Code section unless the originals are lost. Such plates shall be fastened to both the front and the rear of the vehicle.
(B) One license plate or revalidation decal each year shall be furnished for motorcycles to veterans qualifying under this Code section unless the original is lost. Such plate shall be fastened to the rear of the vehicle?'
SECTION 4.
Said chapter is further amended by adding new Code Sections 40-2-86.1 through 40-2-86.4 to read as follows:
"40-2-86.1.
(a) The commissioner shall design a special license plate to be issued commemorating square and round dancers, which license plate shall be similar in design to the license plate issued to all other residents of the state except that an emblem consisting of a depiction of a traditionally attired square dancing couple and the letters 'D' arranged vertically shall be placed immediately to the left of the numbers on the license plate. The phrase 'Square & Round Dancers' shall be imprinted on such special license plate. It shall be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section.
(b) Any resident motor vehicle owner desiring a special license plate commemorating square and round dancers shall submit to the commissioner a completed application form for such license plate with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licens ing laws and the requirements of this subsection and subject to the restriction in subsec tion (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate.
(c) The commissioner shall retain all applications received for special license plates com memorating square and round dancers until a minimum of 1,000 applications have been received. After receipt of 1,000 applications for such commemorative license plate, the commissioner will then design the commemorative license plate. If the commissioner does not receive the required minimum of 1,000 applications 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 license plates and all fees shall be refunded to applicants.
(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 shall be transferred between vehicles as provided in Code Section 40-2-80.
40-2-86.2.
(a) Because the Shrine hospitals for children have done immeasurable good for the chil dren of this state, it is appropriate and proper that, subject to the provisions of this Code section, there shall be issued beginning in 1998 special license plates to honor and sup port the Shrine hospitals for children.
(b) The commissioner in cooperation with a representative of the Shrine hospitals shall prepare special distinctive license plates of a design appropriate to honor and support the Shrine hospitals for children, subject to subsection (d) of this Code section. Such Shrine hospital plate must be of the same size and general design of general issue motor vehicle license plates. Such plates shall include a unique identifying number whose total charac ters do not exceed the sum of seven, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.

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(c) Subject to subsection (d) of this Code section, 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 and 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.
(d) The commissioner shall retain all applications received for such special license plates until a minimum of 500 applications have been received. After receipt of 500 applica tions for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, the commis sioner shall not accept any applications for such special license plates and all fees shall be refunded to applicants.
(e) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions, at no cost to the State of Georgia, as may be required for the use of the Shrine logo or other acceptable design or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to the Shrine organization or its licensor for the use by the state on such license tags of such logo or design. The commis sioner is authorized, on behalf of the state, to accept and execute the licensing agree ments with the Shrine organization or its licensor. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the Shrine logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commis sioner may take steps necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design, except as authorized by the commissioner.
(f) 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 shall be transferred between vehicles as provided in Code Section 40-2-80.
40-2-86.3.
(a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of the regular motor vehicle registration fee and an additional initial fee of $25.00, shall be issued a license plate commemorating Civil War battlefields and historic sites in this state. A county name decal shall be affixed and displayed on each license plate issued under this Code section.
(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 plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however, that after such a transfer of ownership occurs, should the license plate holder acquire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.
(c) 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

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time of collection of other registration fees and remitted to the state as provided n Code Section 40-2-34.
(d) Each application for a special license plate under this Code section along with all fees are required by subsection (a) of this Code section shall be submitted directly to the Civil War Commission established by Ga. L. 1993, p. 1952, which shall retain all applications thereby received for such special license plates until a minimum of 500 applications have been received, whereupon the applications and fees shall be transmitted to the commis sioner. After the receipt of 500 applications for such special license plates, the commis sioner will then design the special license plate. If the commissioner does not receive the required minimum of 500 applications for special license plates under this Code section 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 no later than 30 days thereaf ter to applicants by the Civil War Commission. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in this article.
(e) The provisions of subsection (d) of this Code section notwithstanding, the Civil War Commission may impose a nonrefundable surcharge to be paid directly to the Civil War Commission by an applicant at the time of application which shall not exceed $20.00 per application; provided, however, that funds generated by any such surcharges shall be expended by the Civil War Commission only for the acquisition of Civil War battlefields in this state and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Ga. L. 1993, p. 1952.
40-2-86.4.
(a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of the regular motor vehicle registration fee and an additional initial fee of $25.00, shall be issued a license plate for a private passenger vehicle which shall bear the words 'Supporting Public Schools.' It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(b) The commissioner shall retain all applications thereby received for such special li cense plates until a minimum of 1,000 applications has been received. After the receipt of 1,000 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 1,000 applications for special license plates under this Code section 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 no later than 30 days thereafter to applicants. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as pre scribed in this article.
(c) 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 plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however, that after such a transfer of ownership occurs, should the license plate holder acquire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.
(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 remitted to the state as provided in Code Section 40-2-34."

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SECTION 5.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but no special license plate shall be issued under this Act prior to January 1, 1998.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.
Senator Burton of the 5th moved that the Senate adopt the Conference Committee report on HB 104.
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 Clay Crotts Dean Egan Fort Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Kemp Lamutt Land Madden Marable Middleton Perdue

Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Brown of 26th Gillis (excused) James

Johnson of 1st Langford Oliver

Streat (excused) Thomas of 10th (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 104.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 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.

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SB 369. By Senator Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to senior judges and Senior Appel late Court Justices and Judges serving as judges of the appellate courts; to change the provisions relating to compensation, travel, per diem, and pay al lowances.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:
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 following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 9 of Title 42 of the Official Code of Georgia Anno tated, 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 citizen 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; to provide for the information to be released; to provide that the board shall not release any information regarding a person who has previously been pa roled and whose civil rights have been restored; to provide that the board shall be author ized to charge a reasonable fee to cover the costs of providing such information; to provide for rules and 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.
Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, is amended by adding between Code Sections 42-9-20 and 42-9-21 a new Code Section 42-9-20.1 to read as follows:

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"42-9-20.1.

Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50 or any provisions of this chapter relating to the confidentiality of records, the State Board of Pardons and Paroles shall develop and implement a system whereby any interested citizen 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, who have been paroled, and whose current addresses are within the State of Georgia. With respect to each parolee, the board shall provide the parolee's name, sex, date of birth, current address, crime or crimes for which the parolee was convicted, and the beginning and ending dates of such person's parole. The board shall not release any information regarding a person who has previously been paroled and whose civil rights have been restored. The board shall be authorized to charge a reasonable fee to cover the costs of providing such information. The board shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section."

SECTION 2.

This Act shall become effective on July 1 of the fiscal year for which funds necessary to carry out its purposes are specifically appropriated by the General Assembly or upon the State Board of Pardons and Paroles establishing a data base and system to make the infor mation required under Section 1 of this Act available, whichever occurs first.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 242.
On the motion, 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 Fort Glanton Gochenour Griffin Guhl

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

Those not voting were Senators:

Abernathy Bowen Broun of 46th

Egan Gillis (excused) Land

Langford Streat (excused) Thomas of 10th (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 242.
Senator Thompson of the 33rd assumed the Chair.

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2317

The following bill was taken up to consider House action thereto:

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 House amendment was as follows: Amend SB 150 as follows: Delete the following on page 1, line 3: "to authorize annual meetings;"
Senator Burton of the 5th moved that the Senate agree to the House amendment to SB 150.
On the motion, 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 Clay Crotts Dean 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 Taylor Thomas of 54th Turner Tysinger Walker

Voting in the negative was Senator Guhl.

Those not voting were Senators:

Abernathy Bowen Brown of 26th Egan

Fort Gillis (excused) Streat (excused)

Tanksley Thomas of 10th (excused) Thompson (presiding)

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 150.
The following resolution was taken up to consider House action thereto:

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 House amendment was as follows:
Amend SR 145 by inserting following the word and symbol "duties." on line 3 of page 3 the following:

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"The commission shall not meet for more than five days unless additional days are au thorized by the President of the Senate and the Speaker of the House of Representatives."
Senator Walker of the 22nd moved that the Senate agree to the House amendment to SR 145.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour

Griffin Guhl Harbison Henson Hill Hooks Huggins 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 Stokes Tanksley Taylor Thomas of 54th Turner Tysinger Walker

Those not voting were Senators:

Bowen Gillis (excused) James

Langford Streat (excused)

Thomas of 10th (excused) Thompson (presiding)

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 145.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority, the fol lowing bill of the Senate:

SB 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 following bill was taken up to consider House action thereto:

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

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2319

other person, hinders a discovery of such death shall be guilty of a felony; to provide penalties.
The House substitute was as follows:
A BILL
To be entitled an Act 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 punishment for concealing the death of another person; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by striking Code Sec tion 16-10-31, relating to concealing the death of another person, in its entirety and in serting in lieu thereof the following:
"16-10-31.
A person who, by concealing the death of any other person, hinders a discovery of whether or not such person was unlawfully killed is guilty of a misdemeanor felony and upon conviction shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $1,000.00 nor more than $5,000.00, or both."

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 29th moved that the Senate agree to the House substitute to SB 316.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Glanton

Gochenour Griffin Guhl Harbison 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 Ralston Ray Roberts Scott Starr Stokes Tanksley Thomas of 54th Turner Tysinger Walker

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Those not voting were Senators:

Bowen Gillis (excused) Henson

Lamutt Streat (excused) Taylor

Thomas of 10th (excused) Thompson (presiding)

On the motion, the yeas were 48, nays 0; and motion prevailed, and the Senate agreed to the House substitute to SB 316.
The President resumed the Chair.
The following bill was taken up to consider House action thereto:

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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to insurable interests relating to personal 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; to prohibit certain discrimination by insur ers based on abuse status of an insured; to define certain terms; to specify prohibited acts or practices; to provide for exceptions; to require insurers to provide information in support of certain actions; to provide for policies and procedures of insurers; to provide remedies and penalties for violations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (c) of Code Section 33-24-3, relating to insurable interests relative to personal insurance, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) A corporation, foreign or domestic, has an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any con tractual arrangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrange ments or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to em ployees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or beneficiaries has an insura ble interest in the lives of employees for whom such benefits are to be provided. As used

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in this subsection, the term 'employee' shall include any and all directors, officers, em ployees, retired employees, or the dependents of such persons. The term 'employee' shall include any former employee, but only for the purpose of:
(1) replacing Replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered, ex cept 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 insur ance to qualify as life insurance or to not be treated as a modified endowment con tract for federal income tax purposes; or
(B) To otherwise comply with applicable federal law; or
(2) The former employer or trustee electing under the policy, upon cessation of pre mium payments, to use the cash value available under the policy to restructure the term, face amount, or investment options under the policy, even though such restruc turing may result in an increase in the amount of the insurance."
SECTION 2.
Said title is further amended by striking subsection (d) of Code Section 33-24-6, relating to consent of an insured to an insurance contract, and inserting in lieu thereof a new subsec tion (d) to read as follows:
"(d) As used in paragraphs (4), (5), and (6) of subsection (a) of this Code section, the term 'employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons. The term 'employee' shall include any former employee, but only for the purpose of:
(1) leplacing Replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered, ex cept 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 insur ance to qualify as life insurance or to not be treated as a modified endowment con tract for federal income tax purposes; or
(B) To otherwise comply with applicable federal law; or
(2) The former employer or trustee electing under the policy, upon cessation of pre mium payments, to use the cash value available under the policy to restructure the term, face amount, or investment options under the policy, even though such restruc turing may result in an increase in the amount of the insurance."
SECTION 3.
Said title is further amended by designating Code Sections 33-24-1 through 33-24-59 as Part 1 of said article and by adding at the end thereof a new Part 2 to read as follows:
"Part 2
33-24-59.1.
As used in this part, the term:
(1) 'Abuse' means one or more of the following acts:
(A) Causing bodily injury, serious emotional injury, psychological trauma, rape, as sault, sexual assault, or involuntary sexual intercourse;
(B) Stalking another person as defined in Code Section 16-5-90;

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(C) Subjecting another person to kidnapping as denned in Code Section 16-5-40 or false imprisonment as defined in Code Section 16-5-41;
(D) Causing damage to property so as to intimidate or attempt to control the behav ior of another person; or
(E) An act of family violence as defined in Code Section 19-13-1.
(2) 'Abuse related medical condition' means a medical condition which arises in whole or in part out of an act or pattern of abuse.
(3) 'Abuse status' means the fact or perception by the insurer that a person is, has been, or may be the subject of abuse, irrespective of whether the person has sustained abuse related medical conditions or has incurred abuse related claims.
(4) 'Health benefit plan' means any policy, certificate, or similar plan of insurance is sued, issued for delivery, or delivered in this state as accident and sickness insurance as defined in Code Section 33-7-2.
(5) 'Health carrier' means any person or entity authorized to conduct the business of accident and sickness insurance as defined in Code Section 33-7-2. For purposes of this part, a licensed third-party administrator shall be considered a health carrier.
(6) 'Insured' shall have the same meaning as defined in paragraph (1) of Code Section 33-6-32 and includes a person who is a dependent covered by the individual or group policy, contract, or certificate.
(7) 'Insurer' shall have the same meaning as defined in paragraph (4) of Code Section 33-1-2, excepting property and casualty insurers. For purposes of this part, a health care corporation shall also be considered an insurer.
(8) 'Policy' and 'certificate' shall mean a contract of insurance issued, proposed for issu ance, or intended for issuance by an insurer, including endorsements or riders thereto.
(9) 'Subject of abuse' means a person to whom an act of abuse is or has been directed or who is perceived by the insurer to be a person to whom an act of abuse is or has been directed.
33-24-59.2.
(a) Insurers shall not directly or indirectly engage in any of the following acts or practices on the basis that any person is, has been, or may be, in the perception of an insurer, the subject of abuse:
(1) Denying, refusing to-issue or renew, canceling, or otherwise terminating an insur ance policy or health benefit plan;
(2) Restricting, excluding, or limiting insurance or health benefit plan coverage for losses or denying a claim incurred by an insured, which is otherwise covered under the policy, as a result of abuse, except as otherwise required by Code Section 33-25-13;
(3) Adding a premium differential to any insurance policy or health benefit plan; or
(4) Terminating health coverage for a subject of abuse because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject of abuse or the abuser's coverage has terminated voluntarily or involuntarily and the subject of abuse does not qualify for coverage under the federal Consolidated Omnibus Budget Reconciliation Act of 1985, P.L. 99-272, as amended, referred to in this Code section as 'COBRA.' Nothing in this paragraph prohibits the insurer from requiring the subject of abuse to pay the full premium for the subject's coverage or requiring the subject of abuse to reside or work within its service area if the requirements are applied to all insureds of the insurer or health carrier. The in surer may terminate coverage after the continuation coverage required by this para graph has been in force for 18 months if it offers conversion to an equivalent individual plan. The continuation coverage required by this paragraph shall be satisfied by any COBRA coverage provided to a subject of abuse and is not intended to be in addition to any coverage provided under COBRA.

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(b) Insurers shall submit a written statement to the Commissioner for review and ap proval describing and setting forth the underwriting criteria and processes which they utilize on an annual basis or more often as required by the Commissioner.
(c) Medical conditions existing at the time of an application shall be underwritten pursu ant to actuarial standards for similarly situated medical conditions, without regard to evidence of abuse.
33-24-59.3.
(a) No insurer may request, use, disclose, or transfer information relating to an appli cant's or insured's abuse status, abuse related medical condition except as provided in subsection (c) of Code Section 33-24-59.2, or status as a family member, employer, associ ate, or person in a relationship with a subject of abuse or the location, address, or tele phone number of a subject of abuse at home, work, or otherwise for any purpose except as necessary for the direct provision of health care services or where required by the Commissioner of Insurance, a court of competent jurisdiction, or abuse reporting laws. Nothing in this subsection shall be construed as limiting or precluding a subject of abuse from obtaining his or her own medical records from an insurer. In the event that a sub ject of abuse exercises his or her absolute discretion to provide information to an insurer for the limited purpose of facilitating treatment of an abuse related condition or demon strating that a condition is abuse related, nothing in this subsection shall be construed to authorize the insurer to disregard that information.
(b) Insurers shall develop, submit for approval by the Commissioner, and adhere to writ ten policies specifying procedures to be followed by employees and agents which provide that their actions do not endanger the safety or breach the confidentiality of a subject of abuse in the process of taking an application, investigating a claim, pursuing subroga tion, or taking any other actions relating to an application, policy, or claim involving a subject of abuse.
33-24-59.4.
An insurer that takes any adverse action relative to a subject of abuse shall advise the applicant or insured of the specific reasons for the action in writing. Reference to general underwriting practices or guidelines does not constitute a specific reason. The insurer shall be able to demonstrate that its action and any applicable policy provision are other wise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse related.
33-24-59.5.
(a) An insurer shall not engage in any act or practice prohibited by this part. Any such action shall be an unfair trade practice as defined in Chapter 6 of this title and shall be subject to the remedies provided therein.
(b) Any person claiming to be adversely affected by any act or practice prohibited by this part may file a complaint with the Commissioner on his or her behalf and on behalf of any similarly situated individuals for individual or class relief, may maintain an action against the insurer in a court of appropriate jurisdiction, and may seek the remedies and penalties authorized by this Code section as well as other remedies available under law.
(c) An insurer who is found to have violated this part may be ordered to:
(1) Pay penalties not to exceed $5,000.00 for each and every act or violation; and
(2) Provide appropriate specific relief to the complainant and any similarly situated individual for whom relief is sought which may include temporary, preliminary, or per manent injunctive relief, compensatory damages, and the costs of suit including rea sonable attorneys' fees and expert witness fees."

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SECTION 4.
Said title is further amended by striking paragraph (11) of subsection (a) of Code Section 33-27-3, relating to required provisions in group life insurance policies, and inserting in lieu thereof a new paragraph (11) to read as follows:
"(11) A corporation or trustee of a trust having an insurable interest pursuant to sub section (c) or (c.l) of Code Section 33-24-3 and effectuation authority pursuant to para graph (4), or (5), or (6) of subsection (a) of Code Section 33-24-6, providing life, health, disability", retirement, or similar benefits to employees may designate the beneficiary of a group life insurance policy, providing that the corporation or trustee of a trust uses the insurance proceeds to provide life, health, disability, retirement, or similar benefits to such employees. As used in this paragraph, the term 'employees' shall include direc tors, officers, employees, retired employees, or the dependents of such persons. The term 'employee' shall include any former employee, but only for the purpose of:
(A) leylaciiig Replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being 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 in surance 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
(B) The former employer or trustee electing under the policy, upon cessation of pre mium payments, to use the cash value available under the policy to restructure the term, face amount, or investment options under the policy, even though such re structuring may result in an increase in the amount of the insurance?'
SECTION 5.
Section 3 of this Act shall apply to all acts, practices, transactions, and applications com mitted, occurring, or made on or after July 1, 1997, and to all policies applied for, issued, or renewed on or after that date.
SECTION 6.
This Act shall become effective on July 1, 1997.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senator Land of the 16th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 280 by striking lines 1 through 35 on page 1, lines 1 through 43 on page 2, lines 1 through 38 on page 3, lines 1 through 41 on page 4, lines 1 through 41 on page 5, lines 1 through 43 on page 6, lines 1 through 41 on page 7, and lines 1 through 35 on page 8 and inserting in lieu thereof the following:
"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 defini tions; to provide for reimbursement of medical benefits paid to benefit providers in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages exclusive of such reimbursable benefits; to provide allocations in a settlement or judgment among categories of damages; to provide for reimbursement claims to be paid net of a prorated share of attorney's fees and expenses of litigation; to restrict setoffs for medical reimbursement in payment of other benefits; to provide notice requirements; to provide that a reimbursement claim may not be enforced against an

FRIDAY, MARCH 28, 1997

2325

insured without actual notice of the claim; to provide definitions; to provide for excep 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 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, is amended by adding, following Code Section 33-24-56, a new Code Section 33-24-56.1 to read as follows:
'33-24-56.1.
(a) As used in this Code section, the term:
(1) "Benefit provider" means any insurer, health maintenance organization, health benefit plan, preferred provider organization, employee benefit plan, or other entity which provides for payment or reimbursement of health care expenses, health care services, disability payments, lost wage payments, or any other benefits under a policy of insurance or contract with an individual or group.
(2) "Injured party" means a person who alleges that he or she has been injured by the acts or omissions of a third party and who has received benefits from a benefit pro vider. This term also includes the personal representative of the estate of such person.
(b) In the event of recovery for personal injury from a third party by or on behalf of a person for whom any benefit provider has paid medical expenses or disability benefits, the benefit provider for the person injured may require reimbursement from the injured party of benefits it has paid on account of the injury, up to the amount allocated to those categories of damages in the settlement documents or judgment, if:
(1) The amount of the recovery exceeds the sum of all economic and noneconomic losses incurred as a result of the injury, exclusive of losses for which reimbursement may be sought under this Code section; and
(2) The amount of the reimbursement claim is reduced by the pro rata amount of the attorney's fees and expenses of litigation incurred by the injured party in bringing the claim.
(c) In the settlement of any claim for personal injury, under circumstances where it is claimed that the amount of the recovery does not exceed the sum of all economic and noneconomic losses incurred as a result of the injury, a benefit provider which has paid benefits to or on behalf of the injured person may seek a declaratory judgment pursuant to Code Section 9-4-2 as to what extent it may equitably share in said settlement. If the court determines said settlement does not fully and completely compensate the injured party, the benefit provider has no right of reimbursement.
(d) In the trial of any case for personal injury submitted to a court or jury, the trier of fact may allocate the amounts paid among the categories of damages actually sought by the plaintiff at trial, and it shall be conclusively presumed that such allocation by the trier of fact is reasonable.
(e) Subrogation for medical expenses and disability payments by a benefit provider against a person at fault for injury is prohibited and no defendant or liability insurance carrier shall include any insurer seeking reimbursement under subsection (b) of this Code section as a copayee on any check or draft in payment of a settlement or judgment.
(f) No benefit provider shall be entitled to reduce the amount for which it is liable under an insured party's coverage for liability, uninsured motorist, disability, medical pay ments, or other benefits as a setoff against any claim for reimbursement under subsec tion (b) of this Code section, nor shall any benefit provider be entitled to withhold or set off insurance benefits as a means of enforcing a claim for reimbursement. Nothing in this subsection shall be deemed to prohibit the coordination of benefits between or among benefit providers.

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(g) When a recovery for personal injury is sought from a third party by or on behalf of a person for whom any benefit provider has paid medical expenses or disability benefits, the person asserting the claim for recovery against the third party shall provide notice of the existence of the claim, by certified mail unless some other form of notice is agreed to by the designated recipient of the notice, to any benefit provider which the person assert ing the claim has reason to believe has paid benefits relating to the injury for which the injured party seeks a recovery. This notice shall be provided no later than ten days prior to the consummation of any settlement or commencement of any trial unless a shorter notice period is agreed to by the designated recipient of the notice and shall include a request for information regarding the existence of any claim by a benefit provider and an itemization of payments for which the benefit provider seeks reimbursement including the names of payees, the dates of service or payment or both, and the amounts thereof.
(h) If the notice required in subsection (g) of this Code section is provided, a claim for reimbursement under subsection (b) of this Code section is enforceable against an in jured party only to the extent that such person has actual notice prior to the consumma tion of a settlement or commencement of trial, by certified mail or other form of notice if agreed to by the designated recipient of the notice, of the claim of the benefit provider for reimbursement including a specific itemization of payments for which the benefit pro vider seeks reimbursement, including the names of payees, the dates of service or pay ment or both, and the amounts thereof. Nothing contained in this subsection shall prohibit the supplementation of a claim prior to the consummation of a settlement or judgment, except that any supplemental claims shall be subject to the notice require ments contained in this subsection.
(i) If the notice required in subsection (g) of this Code section is not provided, then sub section (h) of this Code section shall not apply, and a claim for reimbursement under subsection (b) of this Code section is enforceable subject to the other provisions of this Code section.
(j) No benefit provider contracts or policies containing or incorporating provisions in con flict with this Code section may be issued in this state, and no policy or contract provision for subrogation or reimbursement in conflict with this Code section may be enforced by a benefit provider with regard to claims or injuries.
(k) Any settlement which is subject to this Code section that contains a confidentiality provision as to any terms of the settlement which are necessary to a proceeding under this Code section shall be unenforceable as to the disclosure of such required information.
(1) This Code section shall not apply to the rights of the Department of Medical Assist ance to recover under Article 7 of Chapter 4 of Title 49, nor shall it affect the subrogation rights and obligations provided in Code Section 34-9-11.1."
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."

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2327

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

Those voting in the affirmative were Senators:

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

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

Middleton Oliver Perdue Ragan Ralston Ray Starr Stokes Tanksley Taylor Thomas of 54th Thompson Tysinger Walker

Those voting in the negative were Senators:

Glanton Lamutt

Price of 28th Price of 56th

Roberts Turner

Those not voting were Senators:

Egan Gillis (excused) Henson

Langford Scott

Streat (excused) Thomas of 10th (excused)

On the motion, the yeas were 43, nays 6; the motion prevailed, and the Senate agreed to the House substitute to SB 280 as amended by the Senate.
The following bill was taken up to consider House action thereto:

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 House substitute was as follows:
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 concur rent jurisdiction in the juvenile court regarding such matters 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 child support and legitimation 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.

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JOURNAL OF THE SENATE

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;
(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 denned 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 deprivation 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:

FRIDAY, MARCH 28, 1997

2329

"(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 hearing;
(4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; or
(5) At the court's discretion, any dispositional hearing involving any proceeding under this article."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court files and records, and inserting in lieu thereof the following:
"15-11-58.
(a) Except in cases aiisiiig undei Cudu Seutiun 15-11-49, and subject In Hie iequipments uTsubbeciion (d) uf Cude Seutiun 15-11-33 and Code Section 10-11-01, and with the e*cej>
Liun Oi <3.iiy LAjiiiplciiiiL,^jcLiLiun, cinil ui uci li uiu any tciocLli&L was ujjcntO Llie^juulu;
piusuant tu subsection (c.l) uf Cude Qecliuii 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 files and records for proceedings involving a legitimation petition under the jurisdiction of the juvenile court pursuant to paragraph (1) or (2) of subsection (e) of Code Section 15-11-5.
(c) (1) 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:

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"(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."

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 tHe 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 th~e 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, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-5, in the juvenile court of the county in which a deprivation proceed ing regarding the child 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?1

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. Senator Oliver of the 42nd moved that the Senate agree to the House substitute to SB
26. On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears

Bowen Broun of 46th Brown of 26th Burton

Cagle Cheeks Clay Crotts

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2331

Dean Fort Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins

James Johnson of 2nd Johnson of 1st Kemp Lamutt Madden Marable Middleton Oliver Perdue Price of 56th

Ragan Ralston Ray Roberts Starr Taylor Thomas of 54th Thompson Turner Tysinger

Voting in the negative were Senators Price of 28th and Tanksley.

Those not voting were Senators:

Brush Egan Gillis (excused) Land

Langford Scott Stokes

Streat (excused) Thomas of 10th (excused) Walker

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 26.
Senator Hooks of the 14th moved that the following bill of the House, having been placed on the Table March 27, 1997, be taken from the Table:

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.
On the motion, the yeas were 27, nays 15; the motion prevailed, and HB 95 was taken from the Table.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

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

SR 244. By Senator Thompson of the 33rd: A resolution designating the Coogan Ray Bleodow Memorial Bridge.

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JOURNAL OF THE SENATE

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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.
The House recedes from its position in amending the following bill of the Senate:
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.
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 840. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to pro vide for the offense of vandalism to a cemetery or memorial.
The Speaker has appointed on the part of the House, Representatives Bordeaux of the 151st, Randall of the 127th and Crews of the 78th.
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:

FRIDAY, MARCH 28, 1997

2333

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 ago or older.
The Speaker has appointed on the part of the House, Representatives Heard of the 89th, Lord of the 121st and Hugley of the 133rd.
The House has disagreed to the Senate amendment, to the House substitute, to the following resolution of the Senate:
SR 286. By Senator Thompson of the 33rd:
A resolution directing the Georgia Rail Passenger Authority to undertake cer tain studies concerning passenger rail service.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 841. By Representatives Henson of the 65th, Childers of the 13th, McClinton of the 68th and others:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to change the provisions regard ing use of titles by and identification of registered nurses.
The House recedes from its position in amending the Senate substitute to the following bill of the House:
HB 419. By Representatives Jamieson of the 22nd and Lee of 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.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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 non profit 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 correc tive actions.
The Speaker has appointed on the part of the House, Representatives Smith of the 12th, Wbitaker of the 7th and Coleman of the 142nd.
The House insists upon its position in disagreeing to the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:

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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.
The Speaker has appointed on the part of the House, Representatives Parham of the 122nd, Parrish of the 144th and Graves of the 125th.
The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Porter of the 143rd, Purcell of the 147th and Smith of the 175th.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions re garding the levy and collection of such tax.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 104. By Senators Taylor of the 12th, Brown of the 26th, Perdue of the 18th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for money payments of public assistance to be made by electronic transfer; to change provisions with respect to hearings; to change provisions with respect to the issuance of subpoenas; to repeal Article 5 of Chapter 4 of said title, the "Aid to Dependent Children Act".
The following bill was taken up to consider House action thereto:
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 House substitute was as follows:

FRIDAY, MARCH 28, 1997

2335

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 explicit media outlet or adult movie house within 1,000 feet of a school building, school grounds, college campus, church build ing, or area zoned primarily for residential use; to provide for applicability; to authorize more stringent local restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 36-60-3 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 in which is offered for sale any book or publication, film, or other medium which depicts 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.
(3) 'Explicit media outlet' means any commercial establishment which has an inven tory of goods that is composed of at least 50 percent of books, pamphlets, magazines, or other printed publications, films, or other media which depict sexually explicit nudity or sexual conduct.
(4) 'Sexual conduct' means acts of masturbation, homosexuality, sodomy, sexual inter course, 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, applying contemporary community standards, taken as "a whole, lacks serious literary, artistic, political, or scientific value and predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity or sex
(3) (5) 'Sexually explicit nudity' 'Nudily' means tlm showing uf a state of undress so as to expose the human male or temale 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, lacks serious literary, artistic, political, or scientific value and predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity or se
(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, explicit media outlets, and adult movie houses to areas zoned for commercial or industrial purposes; provided, however, that no explicit media outlet or adult movie house shall be located within 1,000 feet of any school build ing, school grounds, college campus, church building, or area zoned primarily for residen tial purposes. 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 explicit media outlets and adult movie houses shall not apply to said locations which hold lawful permits or business licenses on July 1, 1997. In determining the distance requirements provided for in this Code section, the measurement shall be from the clos est property line on which the adult bookstore, explicit media outlet, or adult movie

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house is located to the closest property line on which the school, college, religious institu tion, or area zoned primarily for residential purposes is located. 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, explicit media outlets, and adult movie houses which are more stringent than the requirements 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.
Senator James of the 35th moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 62 by striking the word "church" on line 6 of page 1 and the word "building" on line 7 of page 1 and inserting in lieu thereof the words "public place of worship".
By striking the words "church building" on line 31 of page 2 and inserting in lieu thereof the words "public place of worship"!
By striking the word "church" on line 43 of page 2 and inserting in lieu thereof the words "public place of worshipT
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort 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 Stokes Tanksley Taylor Thomas of 54th Turner Tysinger Walker

Those not voting were Senators:

Gillis (excused) Hill

Starr Streat (excused)

Thomas of 10th (excused) Thompson

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 62 as amended by the Senate.

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2337

The following bill was taken up to consider House action thereto:
SB 369. By Senator Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to senior judges and Senior Appel late Court Justices and Judges serving as judges of the appellate courts; to change the provisions relating to compensation, travel, per diem, and pay al lowances.
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 24, 1997
The Honorable Jim Martin, Chairman House Judiciary Committee State Capitol, Room 132 Atlanta, Georgia 30334
SUBJECT: Fiscal Note Senate Bill 369 (Substitute) (LC 9 9320S)
Dear Chairman Martin: This bill would increase the compensation paid to senior judges serving as judges of the superior court and senior appellate court judges serving in the Supreme Court, Court of Appeals, superior court, and all other courts in this state upon the request and consent of a majority of the judges of the requesting court. Currently, senior judges are compensated $165 per day for such service. If this legislation is enacted, the daily compensation will be increased to $300 per day.
This bill would increase state costs by approximately $385,000 annually. This estimate is based on a projection that senior judges of the superior court and senior appellate court judges will serve approximately 2,850 days during fiscal year 1998 and their compensation will be increased by $135 per day, from $165 to $300 per day.
Sincerely, /s/ Claude L. Vickers
State Auditor 1st Tim Burgess
Office of Planning and Budget
The House substitute was as follows:
A BILL To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to senior judges and Senior Appellate Court Justices and Judges serving as judges of the superior courts or appellate courts; to change the provisions relating to compensation, travel, per diem, and pay allowances; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing subsection (d) of Code Section 15-1-9.2, relating to requests for assistance of senior

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judges appointed pursuant to Chapter 8 or 9 of Title 47 or Chapter 3A of Title 15, and inserting in its place the following:
"(d) Senior judges serving as judges of the appellate or superior court under this Code section or any other provision of law shall be compensated in the amount of $105.00 $300.00 per day for such service. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the appel late or superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge."

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.
Senator Blitch of the 7th moved that the substitute be printed; the motion prevailed, and the substitute was ordered printed.
Senator Ralston of the 51st moved that the Senate agree to the House substitute to SB 369.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Boshears Broun of 46th Brown of 26th Clay Egan Johnson of 2nd

Johnson of 1st Kemp Lamutt Land Oliver Ralston

Ray Roberts Tanksley Thomas of 54th Thompson Tysinger

Those voting in the negative were Senators:

Balfour Blitch Brush Burton Cagle Cheeks Crotts Dean Fort Glanton

Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Langford Madden

Marable Middleton Perdue Price of 28th Price of 56th Scott Starr Taylor Turner Walker

Those not voting were Senators:

Bowen Gillis (excused) James

Ragan Stokes

Streat (excused) Thomas of 10th (excused)

On the motion, the yeas were 19, nays 30; the motion lost, and the Senate did not agree to the House substitute to SB 369.

FRIDAY, MARCH 28, 1997

2339

The following bill was taken up to consider House action thereto:

HB 840. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to pro vide for the offense of vandalism to a cemetery or memorial.
Senator Johnson of the 2nd moved that the Senate adhere to its substitute to HB 840 and that a Committee of Conference be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed and the President ap pointed as a Conference Committee on the part of the Senate the following Senators: Johnson of the 1st, Johnson of the 2nd and Kemp of the 3rd.
The following bill was taken up to consider House action thereto:

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.

The House amendment was as follows:
Amend the Senate substitute to HB 433 by adding after the word and symbol "plats;" on line 5 of page 1 the following:
"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; to pro vide an exception; to provide for related matters;".
By adding between lines 31 and 32 of page 1 the following:
"Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, is amended by inserting after Code Section 9-330.1 a new Code Section 9-3-30.2 to read as follows: '9-3-30.2.

(a) As used in this Code section, the term "land surveying" shall have the same meaning as provided by paragraph (6) of Code Section 43-15-2.
(b) No action to recover damages for any deficiency, defect, omission, error, or miscalcula tion in a survey or plat shall be brought against any person engaged in the practice of land surveying who performed or furnished such survey or plat more than six years from the date of the survey or plat. The cause of action in such cases shall accrue when such services are rendered. Any such action not instituted within the six-year period provided by this subsection shall be forever barred.'

SECTION 3."

Senator Price of the 56th moved that the Senate agree to the House amendment to the Senate substitute to HB 433.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Broun of 46th

Brown of 26th Brush Burton Cagle Cheeks

Clay Crotts Dean Egan Fort

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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

Those not voting were Senators:

Bowen Gillis (excused)

Streat (excused) Thomas of 10th (excused)

Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 433.
The following bill was taken up to consider House action thereto:

HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions re garding the levy and collection of such tax.
Senator Egan of the 40th moved that the Senate insist on its substitute to HB 609.
On the motion, the yeas were 31, nays 3; the motion prevailed, and the Senate insisted on its substitute to HB 609.
The following bill was taken up to consider House action thereto:

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.
Senator Oliver of the 42nd moved that the Senate adhere to its amendment and that a Committee of Conference be appointed.
On the motion, the yeas were 31, nays 1; the motion prevailed and the President ap pointed a Conference Committee on the part of the Senate the following Senators: Johnson of the 1st, Land of the 16th and Oliver of the 42nd.
The following bill was taken up to consider House action thereto:

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.

FRIDAY, MARCH 28, 1997

2341

Senator Langford of the 29th moved that the Senate adhere to its substitute and that a Committee of Conference be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed and the President ap pointed as a Conference Committee on the part of the Senate the following Senators: Brush of the 24th, Harbison of the 15th and Langford of the 29th.
The following bill was taken up to consider House action thereto:

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.
Senator Madden of the 47th moved that the Senate adhere to its substitute to HB 330 and that a Committee of Conference be appointed.
On the motion, the yeas were 33, nays 0; the motion prevailed and the President ap pointed as a Conference Committee on the part of the Senate the following Senators: Price of the 56th, Madden of the 47th and Land of the 16th.
The following bill was taken up to consider the Conference Committee Report thereto:

HB 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others:

A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission.

The Conference Committee Report was as follows:

The Committee of Conference on HB 888 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 888 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Senator Sonny Perdue 18th District
/s/ Senator Steven E. Langford 29th District
Senator Van Streat, Jr. 19th District

/s/ Representative Larry Walker 141st District
Is/ Representative Newt Hudson 156th District
/s/ Representative Hanson Carter 166th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 888

A BILL
To be entitled an Act to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide for a 22 mile toll-free calling area within certain local telephone exchanges; to provide that the commission shall determine the rate in crease necessary to implement such a calling area; to provide that in certain cases the commission shall poll the subscribers of each such exchange; to provide that under certain

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conditions the commission shall order the implementation of a 22 mile toll-free calling area and a concurrent rate increase; to provide for determination of net gain; to provide for applicability with respect to other laws; 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 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, is amended by adding between Code Sections 46-2-25.2 and 46-2-26 a new Code Section 46-2-25.3 to read as follows:
"46-2-25.3.
(a) On and after June 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the commission in any local exchange as pro vided in subsection (b) or (c) of this Code section; provided, however, that the provisions of this Code section shall not apply to a subscriber who has elected an optional plan. Such calls made in the 22 mile radius shall be considered local calls. Nothing in this subsection shall preclude the offer of optional rate plans.
(b)(l) For each telephone company which has not elected to have its rates, terms, and conditions for services determined pursuant to the alternative regulation provided for in Article 4 of Chapter 5 of this title, the Public Service Commission may conduct hear ings and accept evidence and, upon consideration of such evidence, shall determine if any telephone company should be authorized to increase its rates for basic exchange service to cover the reasonable costs of providing such toll-free service to customers of the telephone company throughout the 22 mile calling areas and to continue a reason able rate of return on investment authorized in the rate schedule previously approved by the Public Service Commission for such telephone company. Such determination shall consider the availability of funds and other revenue sources to affected companies to offset the costs associated with such toll-free calling areas. It shall be within the discretion of the Public Service Commission to determine the methodology and source of recovery for any such affected telephone company. In determining the method of offsetting the costs associated with the 22 mile plan, the Public Service Commission shall first utilize any available earnings at the telephone companies seeking assistance in excess of those authorized in their respective tariffs. The commission shall be au thorized to approve any increase in rates which the commission determines to be nec essary to implement and accomplish the toll-free calling requirements of this Code section.
(2) If the rate of increase determined pursuant to paragraph (1) of this subsection does not exceed $2.00 or 25 percent of the basic service rate then in effect, the commission shall require the concurrent implementation of a 22 mile toll-free expanded calling area and the increase in basic local exchange service rates for that exchanges, and the local exchange company shall be permitted to increase the basic local exchange service rates notwithstanding any provision of Chapter 5 of this title to the contrary.
(3) If the rate of increase determined pursuant to paragraph (1) of this subsection ex ceeds $2.00 or 25 percent of the basic service rate then in effect, the commission shall conduct balloting of the subscribers in each local exchange proposed to receive the 22 mile toll-free expanded calling area service. If a majority of those subscribers who return ballots is in favor of both the service and the requisite increase in basic local exchange service rates, the commission shall require the concurrent implementation of a 22 mile toll-free expanded calling area and the increase in basic local exchange ser vice rates for that exchange, and the local exchange company shall be permitted to

FRIDAY, MARCH 28, 1997

2343

increase the basic local exchange service rates notwithstanding any provision of Chap ter 5 of this title to the contrary.
(c)(l) For each telephone company which has elected to have its rates, terms, and con ditions for services determined pursuant to the alternative regulation provided for in Article 4 of Chapter 5 of this title, the commission shall determine for each local ex change company the increase in rates for basic local exchange services necessary to recover fully all revenues which would be lost if a 22 mile toll-free expanded calling area were implemented in that local exchange.
(2) If the rate of increase determined pursuant to paragraph (1) of this subsection does not exceed $2.00 or 25 percent of the basic service rate then in effect, the commission shall require the concurrent implementation of a 22 mile toll-free expanded calling area and the increase in basic local exchange service rates for that exchanges, and the local exchange company shall be permitted to increase the basic local exchange service rates notwithstanding any provision of Chapter 5 of this title to the contrary.
(3) If the rate of increase determined pursuant to paragraph (1) of this subsection ex ceeds $2.00 or 25 percent of the basic service rate then in effect, the commission shall conduct balloting of the subscribers in each local exchange proposed to receive the 22 mile toll-free expanded calling area service. If a majority of those subscribers who return ballots is in favor of both the service and the requisite increase in basic local exchange service rates, the commission shall require the concurrent implementation of a 22 mile toll-free expanded calling area and the increase in basic local exchange ser vice rates for that exchange, and the local exchange company shall be permitted to increase the basic local exchange service rates notwithstanding any provision of Chap ter 5 of this title to the contrary.
(d)(l) As used in this subsection, the term 'net gain' means the net revenue impact from the implementation less costs incurred as a result of the implementation of a 22 mile toll-free calling area.
(2) The commission shall adopt a methodology to provide that any net gain which a telecommunications company experiences as a result of implementing this Code sec tion be passed on to end user customers.
(e) Nothing in this Code section shall be interpreted as amending, modifying, or repeal ing Code Section 46-2-23, relating to the rate-making power of the Public Service Com mission generally and special provisions concerning telecommunications companies, or Article 4 of Chapter 5 of this title, 'The Telecommunications and Competition Develop ment Act of 1995."'

SECTION 2.

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

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate adopt the Conference Committee report on HB 888.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th

Brown of 26th Brush Burton Cagle Cheeks Clay

Crotts Dean Fort Glanton Gochenour Griffin

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

Langford Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray

Voting in the negative was Senator Huggins.

Those not voting were Senators:

Egan Gillis (excused) Hooks

Middleton Streat (excused)

Roberts Scott Starr Stokes Tanksley Thomas of 54th Thompson Turner Tysinger Walker
Taylor Thomas of 10th (excused)

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 888.
The following bill was taken up to consider House action thereto:

HB 841. By Representatives Henson of the 65th, Childers of the 13th, McClinton of the 68th and others:
A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to change the provisions regard ing use of titles by and identification of registered nurses.

Senator Boshears of the 6th moved that the Senate recede from its amendment to HB 841.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th
Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Gochenour Griffin

Guhl Harbison Henson Hill Huggins
James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Oliver Perdue Price of 28th

Price of 56th Ragan Ralston Ray Roberts
Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Brush Egan

Gillis (excused) Hooks Johnson of 1st

Middleton Streat (excused) Thomas of 10th (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 841.

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2345

The following resolution was taken up to consider House action thereto:
SR 244. By Senator Thompson of the 33rd:
A resolution designating the Coogan Ray Bleodow Memorial Bridge.
The House substitute was as follows:
A RESOLUTION
Designating the Coogan Ray Bleodow Memorial Bridge and the Harvey R. Greene Bridge, and the "Veterans Memorial Highway"; and for other purposes.
PART 1
WHEREAS, Coogan Ray Bleodow attended Mableton Elementary School, where he was a star basketball player; and
WHEREAS, he was an outstanding halfback for the South Cobb Vipers, the South Cobb Blue Angels, and the Pebblebrook High School Falcons; and WHEREAS, he was a devoted member of St. Luke's United Methodist Church; and WHEREAS, he was a friend to hundreds of young people throughout Cobb County and he touched the lives of countless individuals, to whom he will always be remembered with love, respect, and affection; and WHEREAS, "Coogie", as he was known to his many friends, passed away on March 25, 1967; and
WHEREAS, since he served as a bridge to bring many people together, it is only fitting and proper that a bridge be dedicated in his memory on the occasion of the thirtieth anniver sary of his death.
PART II
WHEREAS, Harvey R. Greene provided valuable leadership as an energetic, progressive mayor of Thomaston, Georgia, from 1958 through 1963; and WHEREAS, Mayor Greene's accomplishments in office were many, including fluoridation of the city water system, initiating the city manager type of government, modernizing the police department, and improving management of the city's funds; and
WHEREAS, The Free Press commented that Mayor Greene ran the City of Thomaston like a seasoned sea captain runs a taut ship; and WHEREAS, his vision and hard work led him to success in business, as he became the largest independent liquid propane gas dealer in the United States; and WHEREAS, he and his wife Antoinette Hardage Greene raised a fine family of three sons and a daughter; and WHEREAS, his generosity was outstanding, including a gift of approximately 1,000 acres to the First Baptist Church of Thomaston, a gift of a shopping center to Piedmont Hospital in Atlanta, and the donation of his entire salary as mayor to many charitable efforts reach ing families in time of need and other worthwhile community endeavors; and WHEREAS, his many friends and beneficiaries have missed his energy, dedication, kind ness, and generosity since his passing from this life in 1979.
PART III
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the U.S. Highway 78 bridge entering Cobb County over the Chattahoochee River is designated the Coogan Ray Bleodow Memorial Bridge. BE IT FURTHER RESOLVED that the bridge over Tobler Creek on US 19 approximately 6 miles south of Thomaston is designated the Harvey R. Greene Bridge.

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BE IT FURTHER RESOLVED that U.S. Highway 78, formerly known as Bankhead High way, will be renamed from the Chattahoochee River in Cobb County west to the Douglas County line the "Veterans Memorial Highway."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating such bridges and such highway.
Senator Gochenour of the 27th moved that the Senate agree to the House substitute to SR 244.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Blitch Boshears Bowen
Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Gochenour Griffin

Guhl Harbison Henson
Hill Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Oliver Perdue

Price of 56th Ragan Ralston
Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Abernathy Balfour Brush Egan

Gillis (excused) Hooks Johnson of 1st Middleton

Price of 28th Streat (excused) Thomas of 10th (excused)

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 244.
The following resolution was taken up to consider House action thereto:

SR 286. By Senator Thompson of the 33rd:

A resolution directing the Georgia Rail Passenger Authority to undertake cer tain studies concerning passenger rail service.

Senator Thompson of the 33rd moved that the Senate recede from the Senate amend ment to the House substitute to SR 286.
On the motion, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch
Boshears Bowen Broun of 46th Brown of 26th Brush
Burton Cagle

Cheeks Clay
Crotts Dean Fort Glanton Gochenour
Griffin Guhl

Harbison Henson
Hill Huggins James Johnson of 2nd Johnson of 1st
Kemp Lamutt

FRIDAY, MARCH 28, 1997

2347

Land Madden Marable Middleton Oliver Perdue Price of 28th

Price of 56th Ralston Ray Roberts Scott Starr Stokes

Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Balfour Egan Gillis (excused)

Hooks Langford Ragan

Streat (excused) Thomas of 10th (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from its amendment to the House substitute to SR 286.
The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendments, as amended by the House, to the following bill of the House:

HB 528. By Representatives Dixon of the 150th, Bordeaux of the 151st and Mueller of the 152nd:
A bill to amend Code Section 12-5-96 of the Official Code of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water, so as to lower the threshold over which a person must obtain a water permit to 10,000 gallons per day.
The following bill was taken up to consider House action thereto:

SB 104. By Senators Taylor of the 12th, Brown of the 26th, Perdue of the 18th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for money payments of public assistance to be made by electronic transfer; to change provisions with respect to hearings; to change provisions with respect to the issuance of subpoenas; to repeal Article 5 of Chapter 4 of said title, the "Aid to Dependent Children Act".
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to public assistance, so as to provide for money payments of public assist ance to be made by electronic transfer; to change provisions with respect to hearings; to change provisions with respect to fraud and the issuance of subpoenas; to repeal Article 5 of Chapter 4 of said title, the "Aid to Dependent Children Act"; to create the "Temporary Assistance for Needy Families Act"; to define terms; to provide for the purpose of said Act; to provide for administration; to provide for limitations on assistance; to authorize and require the promulgation of rules and regulations; to provide for guidelines for such rules and regulations; to provide for duties of the Board and Department of Human Resources; to provide for criteria which make an applicant ineligible for assistance; to provide for conduct which authorizes the reduction or termination of assistance; to provide for appeals, hear ings, and a conciliation process; to provide for a family cap; to provide for a limitation on assistance for persons moving into Georgia; to provide for limited assistance to qualified aliens; to provide for statutory construction; to provide for screening TANF recipients for

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domestic violence and for referrals and waivers relating thereto: to provide for a LEARNFARE pilot program to require school attendance of certain teen-agers and provide for sanctions and reports relating thereto; to provide for reports; to make conforming amendments to numerous other provisions of the Official Code of Georgia Annotated; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, so as to repeal a certain tax credit; to provide for severability; to provide for related matters; to provide an effective date; to repeal conflicting laws; to pro vide for the establishment of a social assistance register; to provide for the listing 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; 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; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assist ance, is amended by striking in its entirety subsection (b) of Code Section 49-4-11, relating to the award and payment of public assistance, and inserting in lieu thereof the following:
"(b) Money payments of public assistance shall be made by check or electronic transfer in accordance with the regulations of the board."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 49-4-13, relating to hearings and appeal, and inserting in lieu thereof the following:
"49-4-13.
(a) ATI Except as provided in subsection (b) of this Code section, an applicant for or recipi ent of public assistance who is aggrieved by the action or inaction of the department, including any county department of family and children services, shall be entitled to a hearing. Each applicant or recipient shall be notified of his or her right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted by the Office of State Administrative Hearings in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act7 the rules and regulations of the Office of State Adminis trative Hearings, and the rules and regulations prescribed by the board. The decision of the commissioner on any appeal shall be final, subject to the right to judicial review of contested cases under Chapter 13 of Title 50.
(b) An applicant for or recipient of assistance under Article 9 of this chapter, the 'Tempo rary Assistance for Needy Families Act,' shall be authorized to request and receive a hearing to challenge any denial, reduction, or termination of assistance based upon any action by the department, including any county department of family and children serv ices. Nothing contained in this subsection shall operate to create an entitlement to the receipt of assistance under the TANF program?'
SECTION 3.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-4-15, relating to fraud in obtaining public assistance, and inserting in lieu thereof the following:
"(b) It shall be a fraudulent device within the meaning of subsection (a) of this Code section, and punishable as therein provided, for any person:
(1) Knowingly to use, alter, or transfer food stamp coupons or authorizations to purchase food stamp coupons in any manner not authorized by law;

FRIDAY, MARCH 28, 1997

2349

(2) Knowingly to possess food stamp coupons or authorizations to purchase food stamp coupons when he or she is not authorized by law to possess them;
(3) Knowingly to possess or redeem food stamp coupons or benefits when he or she is not authorized by law to possess or redeem them; or
(4) Knowingly to use or redeem food stamp coupons or benefits in any manner or for purposes not authorized by law."
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 49-4-15.1, relating to examination of financial records in instances of alleged fraud, and inserting in lieu thereof the following:
"49-4-15.1.
The department may examine any books, papers, or memoranda reflecting the income of, or financial records bearing upon the determination of the eligibility of, recipients in in stances of alleged fraud by recipients of food stamps and public assistance. This process may be implemented by means of a subpoena which may be issued by a departmental
iit^m'lllg CAtiiiiiiieiwiiu litis iil IcctoL live ^yctii'js cicLuctl CAJJCIicnuc 111 i;uiiilu^Ling licciiiiigH
and issuing cumpulbuiy piuiebb and whu, in addition, shall be a mtmibei in good standing uf Hie Stale Dai uf Geui gia the commissioner of human resources, upon the advice of the State Department of Law. In order to consider the issuance of such subpoenas, the direc tor of the department's office of fraud and abuse must personally make application in writing to such heaiing examiimi the commissioner of human resources specifying why such information is necessary. If issued, such subpoenas 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 applica tion of the department, through the commissioner of human resources or his the commis sioner's duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to com ply with the subpoena and to produce the relevant documents."
SECTION 4A
Said chapter is further amended by inserting 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 register 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 children 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 assist ance. It shall be the further duty of the department to publicize the existence 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 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:

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"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.
(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 denned by Part A of Title IV of the federal Social Security Act, as amended. The term 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, but such activity by a recipient shall be limited to no more than six weeks, only four weeks of which may be consecutive, unless the state's unemployment rate is 50 percent above the national average, in which case such activity shall be limited to no more than 12 weeks, only four weeks of which may be consecutive;
(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;

FRIDAY, MARCH 28, 1997

2351

(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. The minimum average number of hours per week of such work activity for not less than the percentage of recipients comprising the minimum work participation rate in a given federal fiscal year shall be as follows:

The minimum average

If the month is in

number of hours per week

federal fiscal year

is:

1997..............................................................20

1998............................................................. .20

1999..............................................................25

2000 or thereafter ................................................. .30

(11) 'Work participation rate' means the percentage of TANF recipients who are required to engage in a work activity in accordance with Part A of Title IV of the federal Social Security Act, as amended. The minimum work participation rate with respect to all families receiving assistance under the Georgia TANF Program shall be, in accordance with current federal law, as follows:

If the federal

The minimum

fiscal year is:

participation rate is:

1997............................................................ 25%

1998............................................................ 30%

1999............................................................ 35%

2000............................................................ 40%

2001............................................................ 45%

2002 or thereafter ................................................ 50%

The minimum work participation rate with respect to two-parent families receiving assistance under the Georgia TANF Program shall be, in accordance with current federal law, as follows:

If the federal

The minimum

fiscal year is:

participation rate is:

1997............................................................ 75%

1998............................................................ 75%

1999 or thereafter ................................................ 90%

Provided, however, that the work participation rates reflected in this paragraph may be adjusted due to caseload reductions in accordance with Part A of Title IV of the federal Social Security Act, as amended.

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 necessary support services to enable such parents, legal guardians, or caretaker relatives to become self-sufficient and leave the program as soon as possible. After an initial assessment and once the state determines an applicant is ready for work, applicants for

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assistance 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 amendments thereto. Cash assistance to a recipient who is not a minor child and who is a head of a household or married to the head of a household shall be limited to a lifetime maximum 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 any 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 issue such rules and regulations as may be necessary to administer this article properly and to comply with the requirements 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. The initial rules and regulations for the Georgia TANF Program shall be promulgated by the board pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and specifically Code Section 50-13-4 no later than July 1, 1997.
(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 available for recipients;
(3) Consideration of the income and resources of an applicant for assistance in determining 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, provided that programs included in the personal responsibility obligations established by the board shall include counseling on abstinence until marriage;
(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 applicants 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;
(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 administering such immunizations, including the presentation of a certificate of immunization, 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

FRIDAY, MARCH 28, 1997

2353

period 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; or
(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; and
(11) The establishment and maintenance of individual development accounts. The funds in such accounts may be used for postsecondary educational expenses, the purchase of a first home, or business capitalization. The funds in such accounts shall not be considered in determining eligibility for cash assistance pursuant to 42 U.S.C 604(h).
(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;
(3) Publish an annual report and such interim reports as may be necessary. The annual report and such interim reports shall be provided to the Governor and members of the General Assembly and contain the following:
(A) The total TANF caseload count;
(B) Quarterly and annual TANF reports, in full, prepared for submission to the federal government;
(C) The percentage of the TANF caseload and the number of individuals given a hardship exemption from the lifetime limit on cash assistance and a categorization of the reasons for such exemptions;
(D) The number of individuals who received transportation assistance and the cost of such assistance;
(E) The number of individuals who received diversionary assistance in order to prevent their requiring TANF assistance and the categories and cost of such diversionary assistance, and job acceptance and retention statistics;
(F) The number of individuals denied assistance due to a serious violent felony conviction;
(G) The number of mothers under 19 years of age who received assistance and their percentage of the total TANF caseload;
(H) Number of children receiving subsidized child care and the total and average per recipient cost of child care provided to TANF recipients;
(I) Data on teen pregnancy prevention;
(J) The number of families sanctioned;
(K) The number of legal immigrants receiving TANF benefits by category of immigration status;
(L) The number of families no longer eligible because of time limits;
(M) Follow-up information on job retention and earnings; and

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(N) An evaluation of the effect of Code Section 49-4-186 on the number of births to TANF recipient families.
The information required under this paragraph shall be provided on a county-by-county basis where feasible; and
(4) Develop a plan, on or before January 1, 1998, to provide incentives for employers to hire those TANF recipients who have difficulty in finding employment.
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 establishing, 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 applicant 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 subsection (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 education or its equivalent, unless the applicant or recipient participates and obtains passing grades 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 supportive 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;
(9) The applicant or recipient violates a condition of probation or parole imposed under state or federal law; or
(10) The recipient is pregnant and fails to participate actively in prenatal care arranged by the department at a level defined by the department.
(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 that applicant or recipient to

FRIDAY, MARCH 28, 1997

2355

live in the home of that parent or legal guardian, or the department otherwise determines 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 any cash assistance provided to a family for a time period established by the board for the first material violation and termination of any cash assistance provided to the family for any subsequent material violation within a time period established by the board; provided, however, that the department 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 sanctioned 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 available; 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 eliminate 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, subsequent to which the family or recipient is again eligible for assistance. The recipient family 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 assistance 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 restrictions 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 applicant 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, further, that an applicant who moves into this state shall be eligible to receive cash assistance for the same time period for which he or she would have been eligible in his or

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her previous state of residence, if such time period is shorter than the maximum time period permitted for receipt of assistance in this state.
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 Reconciliation Act of 1996, as amended, Public Law 104-193.
(b) Qualified aliens who arrived in the United States prior to August 22, 1996, if otherwise 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 until July 1, 1998, unless such period is extended by enactment of the General Assembly, upon meeting the same qualifications and conditions as other applicants.
49-4-189.
Reserved.
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 authorize 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 federal block grant available for expenditures made under the state plan. 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 provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving TANF assistance to escape domestic violence or unfairly penalize such recipients who are or have been victimized by such violence, or individuals who are at risk of further domestic violence."
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;

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(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.
SECTION 7.1
Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assist ance, is amended by adding a new Code section to read as follows:
"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 residing with a parent or guardian, and who has not graduated from high school or received a certificate 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 not less 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 defined by the department.
(e) Upon determination that a teen-ager has failed without good cause to attend school as required, the teenager 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."
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":

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(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 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 defined 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 that $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.
(g) This Code section shall be automatically repealed January 1, 2001."
SECTION 10.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be de clared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The

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General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 11.

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 12. All laws and parts of laws in conflict with this Act are repealed.
Senator Middleton of the 50th moved that the Senate agree to the House substitute to SB 104.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan 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 Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Voting in the negative were Senators Fort and Johnson of 2nd.

Those not voting were Senators:

Gillis (excused)

Streat (excused)

Thomas of 10th (excused)

On the motion, the yeas were 51, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 104.
The President addressed the Senate extemporaneously.
The following bill was taken up to consider House action thereto:

HB 528. By Representatives Dixon of the 150th, Bordeaux of the 151st and Mueller of the 152nd:
A bill to amend Code Section 12-5-96 of the Official Code of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water, so as to lower the threshold over which a person must obtain a water permit to 10,000 gallons per day.
The House amendment was as follows:
Amend the Senate committee amendment to HB 528, such amendment being designated AM 26 0108, by striking lines 3 through 17 of page 1 and inserting in lieu thereof the following:

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"Amend HB 528 by striking lines 1 through 33 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the following:
'To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities; to provide that such moratorium shall not apply to previously permitted sewer connections; to lower the threshold over which a person must obtain a water permit to 50,000 gallons per day in special ground-water management areas; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking in its entirety paragraph (6) of subsection (c) of Code Section 12-523.2, relating to waste-water discharge limitations and penalties, and inserting in lieu thereof the following:
"(6) If in any month after July 1, 1996, and before December 31, 1998, a person dis charges waste water from such person's water pollution control plants containing more than 0.75 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 1999, and before December 31, 2000, a person discharges waste water from such person's water pollution control plants containing more than 0.64 milligrams of phoshorous per liter of water on a monthly average basis; or if in any month after January 1, 2001, a person discharges waste water from any individual water pollution control plant containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis, such person shall not permit any additional sewer connections within such person's corporate limits until he or she has been in compliance with such provisions for three consecutive months. The provisions of this subsection shall apply without regard to the provisions of paragraphs (1) through (5) of this subsec tion and shall not be suspended or terminated; provided, however, that nothing in this paragraph shall prohibit additional sewer connections required for any capital outlay project funded in whole or in part as provided in Article 5 of Chapter 13 of Title 48 or for any privately funded facility constructed in conjunction with any such capital outlay pro ject, which projects are started prior to July 1, 1998; provided, further, that nothing in this paragraph shall prohibit additional sewer connections permitted prior to the imposi tion of a moratorium on additional sewer connections and provided, further, that nothing in this paragraph shall prohibit additional sewer connections required for any project constructed by or in partnership with a public housing authority, as long as the addi tional connections for such project do not cause the total quantity of sewage generated to exceed the total quantity of sewage generated by that public housing authority's housing units in existence on January 1, 1995."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 12-5-96, relating to permits to withdraw, obtain, or use ground water, and inserting in lieu thereof the following:
"(a)(l) No person shall withdraw, obtain, or utilize ground waters in excess of 100,000 gallons per day for any purpose unless such person shall first obtain a permit therefor from the division. Notwithstanding the foregoing sentence, in areas which the director has designated as special ground-water management areas, no person shall withdraw, obtain, or utilize ground waters in excess of 50,000 gallons per day for any purpose un less such person shall first obtain a permit therefor from the division. Within special ground-water management areas, any permitted user other than an agricultural user shall, after receiving at least 90 days' notice from the division, submit to the division a report of actual withdrawals or reasonable estimates of ground-water use for such period as the director may determine. Any permittee may apply to the director for a waiver of

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such reporting requirement due to economic or technical hardship within 60 days of re ceipt of notice of such reporting. Nothing in this paragraph shall preclude the division from assisting any permittee in fulfilling the reporting requirement by such measures as loans or leases of measuring or recording equipment.
(2) Any person applying for a permit or a permit modification under this part which indicates an increase in water usage, except for permits for solely agricultural usage, shall also submit with such application a water conservation plan approved by the direc tor and based on guidelines issued by the director. The director shall collect and dissemi nate such technical information as the director deems appropriate to assist in the preparation of water conservation plans."'
By redesignating Section 2 as Section 3."
Senator Scott of the 36th moved that the Senate agree to the House amendment to the Senate committee amendment to HB 528.
On the motion, 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 Fort Griffin Guhl

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

Perdue Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

Those voting in the negative were Senators:

Balfour Glanton

Gochenour Land

Price of 28th Price of 56th

Those not voting were Senators:

Abernathy Egan Gillis (excused)

Henson Streat (excused)

Thomas of 10th (excused) Walker

On the motion, the yeas were 43, nays 6; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 528.
The following bill was taken up to consider House action thereto:

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.
The House amendment was as follows:
Amend SB 205 by striking from lines 3, 8, 21, and 29 the word "woman" and inserting in lieu thereof on each such line the word "female".

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Senator Clay of the 37th moved that the Senate agree to the House amendment to SB 205.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle
Cheeks Clay Crotts Dean Egan Fort Glanton

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

Oliver Perdue Price of 28th Price of 56th Ragan Ray Roberts Starr
Stokes Tanksley Taylor Thomas of 54th Thompson Tysinger

Those not voting were Senators:

Abernathy Brush
Gillis (excused) Henson

Kemp Middleton
Ralston Scott

Streat (excused) Thomas of 10th (excused)
Turner Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 205.
The following bill was taken up to consider the Conference Committee Report thereto:

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.

The Conference Committee Report was as follows:

The Committee of Conference on SB 349 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 349 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator George Hooks 14th District

/s/ Representative Terry Coleman 142nd District

/s/ Senator Terrell Starr 44th District

/s/ Representative Paul E. Smith 12th District

/s/ Senator Rooney L. Bowen 13th District

/s/ Representative Ben N. Whitaker 7th District

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COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 349
A BILL
To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the operation of certain motor vehicles owned or leased by a state agency unless such vehicles have certain identifying decals or seals affixed to them; to change provisions relating to state relations with nonprofit organizations pro viding 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 audi tor; to provide for required corrective actions; to provide for repayment of funds received by organizations not in compliance; to provide for the public nature of records; to provide for exceptions; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, 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; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking in its entirety Code Section 50-19-2, relating to the requirement that the state seal be placed on motor pool vehicles, which reads as follows:
"50-19-2.
The state seal, measuring at least ten inches in diameter, shall be placed on the trunk or some other conspicuous spot on all state owned vehicles included in the motor pool estab lished in Code Section 50-19-1 except law enforcement vehicles used for investigative purposes.",
and inserting in its place the following:
"50-19-2.
(a) It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by the state or any branch, department, agency, commission, board, or authority of the state or which has been purchased or leased by any public official or public employee with state funds, unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying the governmental entity owning or leasing such vehicle or on be half of which entity funds were expended to purchase or lease such vehicle. This Code section shall not apply to any vehicle used for law enforcement or prosecution purposes or any vehicle assigned for the transportation of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the executive head of any department of state government, the chancellor of the University System of Georgia, the Chief Justice of the Supreme Court of Georgia, or any Constitutional state official who is elected by the voters of the entire state or to any vehicle owned or leased by a county or municipality and assigned to an official or employee who is employed pursuant to a contract of employ ment which requires the furnishing of a motor vehicle to such person and which allows the private use of such vehicle by such person provided the effective date of the contract was prior to January 1, 1997.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."

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SECTION 2.
Said title is further amended by striking in its entirety Chapter 20 which reads as follows:
"CHAPTER 20
50-20-1.
The General Assembly finds that state agencies are increasingly utilizing nonprofit con tractors to provide services and facilities for state programs and that an increasing amount of public funds is being paid to nonprofit contractors. The General Assembly finds that the state has a right and a duty to monitor nonprofit contractors who contract with the state to ensure that their activities are in the public interest and to ensure that public funds are used for proper purposes. Accordingly, the General Assembly finds that there is a need for a law providing a reporting procedure to ensure the financial account ability of nonprofit contractors and to develop adequate information about nonprofit con tractors. The General Assembly finds that the procedure is necessary to establish adequately the dimensions of the relationship between a state agency and a nonprofit contractor.
50-20-2.
As used in this chapter, the term:
(1) 'Nonprofit contractor' means any individual, partnership, corporation, association, organization, or similar entity which contracts with and receives public funds from a state agency to provide services on a nonprofit basis. The term 'nonprofit contractor' includes only those entities which do not distribute any part of their income or profit to members, directors, officers, or any other private person. The term 'nonprofit contrac tor' shall not include authorities, nonprofit hospitals, nonprofit nursing homes, state wide associations of local governments, any educational institution of higher learning located in this state and accredited by the Southern Association of Colleges and Schools, any nonprofit organization which, during the applicable fiscal year of the or ganization, does not receive more than a total of $5,000.00 from all state agencies com bined, the federal government, state or local governments, or school systems or their agencies, but shall include regional development centers and community action agen cies. If a state agency contracts with a unit in this state of a national or multistate organization, the state unit shall be considered the nonprofit contractor for the pur poses of this chapter.
(2) 'State agency' means the state or any of its departments, boards, bureaus, commis sions, authorities, or other agencies. The term 'state agency' shall not include agricul tural commodity commissions created pursuant to Chapter 8 of Title 2.
50-20-3.
(a) Before entering into a contract with a nonprofit contractor, a state agency shall re quire the contractor to:
(1) Furnish the state agency with certified financial statements showing the nonprofit contractor's financial condition at the end of the previous fiscal year and revenues and expenditures for the previous fiscal year. Where the nonprofit contractor has been in existence for less than a full year, the financial statements shall cover the operations year to date for the current year . The financial statements shall include an individual listing of each employee and his salary and reimbursable expenses, a listing by cate gory of the sources of income of the nonprofit contractor, and a listing of the source or sources of all public funds received by the nonprofit contractor and the program for which the funds were received;
(2)(A) Furnish annually to the state agency, after the end of the nonprofit contrac tor's fiscal year, the report of an independent auditor acceptable to the state agency with the predominant interest. The report shall cover the nonprofit contractor's ac tivities for the fiscal year just ended, the nonprofit contractor's financial condition at

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the end of the fiscal year just ended, and shall contain at minimum the financial, compliance, internal control, and Federal Financial Assistance information in a for mat as described in Public Law 98-502 known as the Single Audit Act of 1984 and its implementing regulation, OMB Circular A-128. The report shall also include a schedule of Federal Financial Assistance, a listing of each employee's salary and re imbursable expenses paid during the fiscal year just ended, and any other schedules, reports, and exhibits required by the contracting state agencies. All audits shall be conducted in accordance with generally accepted government auditing standards es tablished by the comptroller general of the United States. The state agency with the predominant interest shall be that state agency which has contracted to pay to the nonprofit contractor the largest aggregate amount of money covered by the audit report.
(B) It shall be the duty of the state agency with the predominant interest to review each audit report and no other state agency shall be required to do so;
(3) Provide on an annual basis, after the end of the nonprofit contractor's fiscal year, a summary statement, for each contracted program, of the services delivered, the number of people served, and such other information as the state agency shall require. A copy of each summary statement shall be furnished by the nonprofit contractor to the state agency; and
(4) Refrain from political activities including endorsement of any political candidate or party, use of machinery, equipment, postage, stationery, or personnel in behalf of any candidate or any question of public policy subject to a referendum, or the display of political posters, stickers, or other printed material.
(b) For the purposes of paragraphs (1) through (3) of subsection (a) of this Code section, if for any nonprofit contractor's fiscal year:
(1) There are or will be in operation during such fiscal year contracts from more than one state agency but no contracts or grants from any federal agency, then the reports required by such paragraphs prepared for the agency with the predominant interest shall be accepted by the other state agencies as fulfilling such requirements; or
(2) There are in operation during such fiscal year contracts from one or more state agencies and contracts or grants from one or more federal agencies and the nonprofit contractor was required to provide reports to the federal agency or agencies which sub stantially comply with the requirements of such paragraphs, then the state agency shall accept such reports as fulfilling such requirements.
(c) No state agency shall transfer to a nonprofit contractor any public funds from any source if the nonprofit contractor does not comply with the requirements of this Code section.
(d) A state agency may require, in accordance with law, nonprofit contractors to submit reports in addition to those required by this chapter and may require nonprofit contrac tors to meet requirements in addition to those specified by this chapter.
(e) A nonprofit contractor shall furnish the state agency with a financial audit required by paragraph (2) of subsection (a) of this Code section and the summary statement re quired by paragraph (3) of subsection (a) of this Code section within 120 days after the end of the nonprofit contractor's fiscal year unless the state agency with the predominant interest, in its discretion, authorizes additional time for the filing of the reports. In no case shall the information be filed later than 180 days after the end of the annual report ing period. Any nonprofit contractor who receives less than $25,000.00 in contracts or grants in any year shall not be required to submit a certified audit but shall submit a financial summary and statement with such information as required by the agency ad ministering such contract or grant.
50-20-4.
(a) A nonprofit contractor which receives public funds from a state agency pursuant to a contract with the state agency and which after having received the funds does not comply

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with this chapter shall be required to repay the funds to the state agency and shall be prohibited from receiving funds from any state agency for a period of 12 months from the date of notification by the state agency of the failure to comply.
(b) This Code section shall be cumulative to any other penalties applicable to the misuse of public funds.
(c) The prohibition referred to in subsection (a) of this Code section against receiving funds from any state agency shall not apply to grants to regional educational service agencies under Part 11 of Article 6 of Chapter 2 of Title 20 or to HUD-701 planning grants to regional development centers.
50-20-5.
Prior to each regular session of the General Assembly, each state agency shall submit to the members of the House and Senate Appropriations Committees a report containing the following information for the preceding fiscal year:
(1) The name and address of each nonprofit contractor with which the state agency contracted; and
(2) The amount of public funds received by the nonprofit contractor from the state agency.
50-20-6.
The certified financial statements, financial audits, and summary statements required by this chapter shall be public records and shall be made available for public inspection during regular office hours.
50-20-7.
(a) Except as provided in paragraphs (1) through (4) of subsection (b) of this Code section, all contracts between a nonprofit contractor and a state agency shall be subject to this chapter.
(b) This chapter shall not apply to the following:
(1) Contracts entered into after competitive bids, including amendments thereto;
(2) Individual employment contracts;
(3) Contracts entered into on or after March 31, 1976, and prior to March 30, 1977, with a state agency by any authority, nonprofit hospital, nonprofit nursing home, state-wide association of local governments, any educational institution of higher learning located in this state and accredited by the Southern Association of Colleges and Schools, or any nonprofit organization which received not more than a total of $5,000.00 from all state agencies combined during the fiscal year of the organization in which it entered into the contract;
(4) Nonprofit health care plans operated pursuant to Chapter 19 of Title 33, relating to hospital service nonprofit corporations, Chapter 20 of Title 33, relating to health care plans, or Chapter 18 of Title 33, relating to nonprofit medical service corporations; and
(5) Resource Conservation and Development Councils under the federal Resource Con servation and Development Program of the Secretary of the Department of Agriculture.
50-20-8.
Any provisions of this chapter which are in conflict with federal law or regulations appli cable to a particular nonprofit contractor shall not apply if the provisions would cause such nonprofit contractor to lose federal funds.",

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and inserting in its place a new Chapter 20 to read as follows:
"CHAPTER 20
50-20-1.
The intent of this chapter is to provide auditing and reporting requirements for nonprofit organizations which provide services and facilities to the state, to ensure the financial accountability of nonprofit contractors, and to develop adequate information concerning nonprofit contractors. The General Assembly finds that the state has a right and a duty to monitor nonprofit organizations which contract with the state to ensure that their activities are in the public interest and to ensure that public funds are used for proper purposes.
50-20-2.
As used in this chapter, the term:
(1) 'Corrective action plan' means a plan of corrective action prepared by the nonprofit organization which addresses each audit finding included in the auditor's report. The corrective action plan shall provide the name or names of the contact person or persons responsible for the corrective action, the corrective action planned, and the anticipated completion date. If the nonprofit organization does not agree with audit findings or believes corrective action is not required, the corrective action plan shall then include an explanation and specific reasons.
(2) 'Generally accepted accounting principles' means generally accepted accounting principles specified in generally accepted auditing standards issued by the American Institute of Certified Public Accountants.
(3) 'Generally accepted auditing standards' means auditing standards issued by the American Institute of Certified Public Accountants for the conduct and reporting of financial audits.
(4) 'Generally accepted government auditing standards' mean generally accepted gov ernment auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits.
(5) 'Nonprofit organization' means any corporation, trust, association, cooperative, or other organization that is operated primarily for scientific, educational, service, chari table, or similar purposes in the public interest; is not organized primarily for profit; and uses its net proceeds to maintain, improve, or expand its operations. The term nonprofit organization includes nonprofit institutions of higher education and hospi tals. For financial reporting purposes guidelines issued by the American Institute of Certified Public Accountants should be followed in determining nonprofit status.
(6) 'Reporting package' means a package of documents containing a specified audit re port, a summary schedule of prior year audit findings, and a corrective action plan for unresolved prior year and current year audit findings. Each audit report should in clude a schedule of findings and questioned costs and a schedule of state contractual assistance.
(7) 'Schedule of State Contractual Assistance' means a schedule arranged by state pro gram name and contract number which reflects revenues, expenditures, or expenses and amounts owed to or due from each state organization. Amounts listed for each program should include federal funds which pass through state organizations to the nonprofit contractor.
(8) 'State awards' means funds received from state organizations through contractual agreement.
(9) 'State awards expended' means the disbursement or obligation of state awards by a nonprofit organization.

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(10) 'State organization' means any organization included within the state financial reporting entity. Such organizations include all departments, boards, bureaus, com missions, authorities and other such organizations whose financial activities and bal ances are included within the state's comprehensive annual financial report.
(11) 'Summary schedule of prior year audit findings' means a schedule reporting the status of all audit findings included in the prior audit's schedule of findings and ques tioned costs. The schedule shall also include audit findings reported in the prior au dit's summary schedule of prior audit findings which were listed as uncorrected.
50-20-3.
(a) Before entering into a financial agreement with a nonprofit organization, a state or ganization shall require the nonprofit organization to furnish financial statements for the previous fiscal year. Such financial statements shall be prepared in conformity with generally accepted accounting principles and shall have been audited in conformity with generally accepted auditing standards. Where the nonprofit organization has been in existence for less than a full year, financial statements shall be provided which cover the year to date. The nonprofit organization shall also provide a listing of each employee and his or her salary and reimbursable expenses, a listing by category of the sources of reve nue of the nonprofit organization, and a listing of the sources of all public funds received by the nonprofit organization and the program for which the funds were recorded if such information is not available within the submitted financial statements.
(b) State organizations which have entered into a financial agreement with a nonprofit organization shall require a nonprofit organization which:
(1) Has expended $75,000.00 or more during its fiscal year in state awards to provide for and cause to be made annually an audit of the financial affairs and transactions of all the nonprofit organization's funds and activities. The audit shall be performed in accordance with generally accepted government auditing standards;
(2) Has expended less than $75.000.00 in a year in state awards to forward to the state auditor and each contracting state organization a copy of the nonprofit organization's financial statements which will include a schedule of state contractual assistance; and
(3) Receives funds from a state organization and which meets the federal audit require ments of the Single Audit Act Amendments of 1996 to submit audit reports and report ing packages performed in accordance with Office of Management and Budget regulations. Such reporting packages shall also include a schedule of state contractual assistance.
(c) All financial statements required in subsection (b) of this Code section shall be pre pared in conformity with generally accepted accounting principles.
(d) Reporting packages or financial statements shall be forwarded to the state auditor and each contracting state organization within 180 days after the close of the nonprofit organization's fiscal year. The state auditor for good cause may waive the requirement for completion of an audit within 180 days. Such waiver shall be for an additional period of not more than 90 days, and no such waiver shall be granted for more than two succes sive years to the same nonprofit organization. The state auditor may prescribe an elec tronic format for financial statement and audit package submission purposes.
(e) Audits made in accordance with this Code section shall be in lieu of any financial audit requirements under individual state awards. Audits and financial statements re quired under this Code section, however, shall neither limit the authority of state organi zations or the state auditor to conduct or arrange for audits or additional audits of nonprofit organizations contracting with the state. Any additional audits shall be planned and performed in such a way as to build upon work performed by other auditors.
(f) Nonprofit organizations which receive funds from state organizations shall refrain from political activities, including endorsement of any political candidate or party, use of machinery, equipment, postage, stationery, or personnel on behalf of any candidate or

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any question of public policy subject to referendum, or the display of political posters, stickers, or other printed materials. 50-20-4.
(a) The state auditor shall review the nonprofit organizations' report packages and finan cial statements to ensure compliance with the requirements for audits and financial statement presentation for nonprofit organizations. If the state auditor finds such re quirements have not been met, the state auditor within 60 days of receipt of the report package or financial statements shall submit a list of deficiencies to be corrected to the nonprofit organization and, if appropriate, to the auditor who performed the audit and to the affected state organizations.
(b) If the state auditor has not received the required report package or financial state ments by the date specified in subsection (d) of Code Section 50-2-3, the state auditor shall within 30 days of such date notify the appropriate state organizations to cease all payments to the nonprofit organization.
(c) The state auditor shall promptly notify appropriate law enforcement officials of any reported irregularities or illegal acts.
(d) It shall be the duty of the state organization to review the financial statements and schedules required in subsection (a) Code Section 50-20-3 before entering into a financial agreement with a nonprofit organization.
(e) State organizations entering into agreements with nonprofit organizations shall no tify the state auditor of the agreement and provide the nonprofit organization's name, fiscal year-end, contract amount, and other information as required by the state auditor.
(f) When contracting with a nonprofit organization, a state organization shall provide:
(1) Identification of any federal pass-through assistance included as part of the con tract. Such identification should include the Catalog of Federal Domestic Assistance number; and
(2) Identification of requirements imposed by federal laws, regulations, and the provi sions of contracts as well as any state or supplementary requirements imposed by state law or the contributing state organization.
(g) State organizations contracting with a nonprofit organization shall review the correc tive action plans to ensure that appropriate corrective action has been taken by the non profit organization. If the corrective action listed is determined to be inappropriate, the state organization should formally request additional corrective action by the nonprofit organization. No state organization shall transfer to a nonprofit organization any public funds from any source if a nonprofit organization does not take appropriate corrective action for findings determined to be significant by the state organization. 50-20-5.
(a) A nonprofit organization which receives public funds from a state organization and which after having received the funds does not comply with this chapter shall be required to repay the funds to the state organization and shall be prohibited from receiving funds from any state organization for a period of 12 months from the date of notification by the state organizations or the state auditor of the failure to comply.
(b) This Code section shall be cumulative to any other penalties applicable to the misuse of public funds. 50-20-6.
All reporting packages, financial statements, audit reports, and other schedules required by this chapter shall be public records and shall be made available for public inspection during regular office hours. 50-20-7.
(a) Except as provided in subsection (b) of this Code section, all contracts between a non profit organization and a state organization shall be subject to this chapter.

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(b) This chapter shall not apply to: (1) Contracts entered into after competitive bids, including amendments thereto;
(2) Individual employment contracts; and (3) Benefit payments made by state organizations to a nonprofit organization on behalf of individuals for health care or other services."

SECTION 3.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding at the end thereof a new Chapter 88 to read as follows:

"CHAPTER 88
36-88-1.
(a) It shall be unlawful for any person to operate on any public road in this state any motor vehicle which is owned or leased by any county, municipality, regional develop ment center, county or independent school system, commission, board, or public author ity or which has been purchased or leased by any public official or public employee with public funds unless there is affixed to the front door on each side of such vehicle a clearly visible decal or seal containing the name of or otherwise identifying such governmental entity. This Code section shall not apply to any vehicle used for law enforcement or prosecution purposes.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor."

SECTION 4.

Sections 1 and 3 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. The re maining provisions of this Act shall become effective July 1, 1997.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.
Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on SB 349.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gochenour Griffin

Guhl Harbison Henson 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 Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger

FRIDAY, MARCH 28, 1997

2371

Those not voting were Senators:

Abernathy Blitch Gillis (excused)

Glanton Johnson of 2nd Middleton

Streat(excused) Thomas of 10th (excused) Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 349.
The following bill was read the first time and referred to committee:

HB 216. By Representatives Connell of the 115th and Williams of the 114th:
A bill to amend an Act creating the Augusta-Richmond County Coliseum Au thority, so as to provide for appointment of members.
Referred to State and Local Governmental Operations Committee. The following bill was taken up to consider the Conference Committee Report thereto:

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.

The Conference Committee Report was as follows: The Committee of Conference on HB 294 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 294 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Mary Margaret Oliver 42nd District

/s/ Representative Jim Martin 47th District

/s/ Senator Jack Hill 4th District

/s/ Representative Dubose Porter 143rd District

/s/ Senator Steve Thompson 33rd District

/s/ Representative Roy E. Barnes 33rd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 294
A BILL
To be entitled An Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, relating to business corporations, so as to change the provisions relating to fees and penalties; 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 dividend expressly so provides; to provide that a corporation may create se curity interest in treasury shares; to change the provisions relating to special meetings of shareholders; to change the provisions relating to actions of shareholders without meet ings; to change the provisions relating to certain consents; to change the provisions relating

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to voting entitlement of shares; to change the provisions relating to a corporation's accept ance of votes; to provide for the appointment of inspectors to act at meetings of sharehold ers and make written reports; to provide for oaths; to provide for powers and duties of inspectors; to change the provisions relating to actions on plans of merger; to provide for actions by shareholders of the acquiring corporation in a share exchange; to change the provisions relating to sales of assets acquiring shareholder approval; to change the provi sions relating to reinstatement following administrative dissolution; to amend Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corporations, so as to change the provisions relating to filing fees; to redefine the term "entity"; to change the provisions relating to articles of incorporation; to substantially revise the provisions relat ing to indemnification; to provide for definitions and redefining certain terms; to provide for indemnification of individuals who are or were directors or officers under certain condi tions; to provide for the advancement of funds; to provide for practices, procedures, and requirements related to indemnification; to provide for the advancement of expenses and orders related to expenses; to provide for insurance; to change the provisions relating to plans of merger; to provide for definitions relating thereto; to change the provisions relat ing to approval of mergers; to change the provisions relating to articles of mergers and publication of notice of merger; to change the provisions relating to the affects of mergers; to provide for other matters relating to corporations and nonprofit corporations; to change the provisions relating to reinstatement following administrative dissolution; to provide for other matters relating to the foregoing; 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 14 of the Official Code of Georgia Annotated, relating to business corpo rations, is amended by 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) (2) (3) (4) (5) (6) (7)
(8)
(9) tfrKlO)

Articles of incorporation........................................ .$60.00 Application for certificate of authority ........................... .170.00 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 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 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 1.1.

Said chapter is further amended by striking in its entirety subsection (b) of Code Section 14-2-141, relating to notice, and inserting in lieu thereof the following:
"(b) Notice may be communicated in person; by telephone, telegraph, teletype, facsimile, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper

FRIDAY, MARCH 28, 1997

2373

of general circulation in the area where published, or by radio, television, or other form of public broadcast communication. Unless otherwise provided in the articles of incorpora tion, bylaws, or this chapter, notice by facsimile transmission, telegraph, or teletype shall be deemed to be notice in writing for purposes of this chapter?'
SECTION 2.
Said chapter is further amended by adding a new subsection (d) to Code Section 14-2-623, relating to share dividends, to read as follows:
"(d) If a corporation which has treasury shares declares a share dividend, such dividend shall not be deemed to include a dividend on treasury shares unless the resolution de claring the dividend expressly so provides."
SECTION 3.
Said chapter is further amended by adding a new subsection (e) to Code Section 14-2-631, relating to a corporation's acquisition of its own shares, to read as follows:
"(e) A corporation may create security interests in treasury shares."
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 14-2-702, relating to special meetings of shareholders, and inserting in lieu thereof the following:
"14-2-702.
(a) A corporation shall hold a special meeting of shareholders:
(1) On call of its board of directors or the person or persons authorized to do so by the article of incorporation or bylaws;
(2) Except as to corporations described in paragraph (3) of this subsection, if the hold ers of at least 25 percent, or such greater or lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue proposed to be considered at the proposed special meeting, sign, date, and deliver to the corporation's Mecielaiy corporation one or more written demands for the meeting describing the purpose or purposes for which it is to be held; or
(3) In the case of a corporation having 100 or fewer shareholders of record, if the hold ers of at least 25 percent, or such lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue to be consid ered at the proposed special meeting sign, date, and deliver to the cm poi atiou'h hecietary corporation one or more written demands for the meeting describing the purpose or purposes for which it is to be held.
(b) If not otherwise fixed under Code Section 14-2-703 or Code Section 14-2-707, the rec ord date for determining shareholders entitled to demand a special meeting is the date the first shareholder signs the demand.
(c) Special shareholders' meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporation's principal office.
(d) Only business within the purpose or purposes described in the meeting notice re quired by subsection (c) of Code Section 14-2-705 may be conducted at a special share holders' meeting.
(e) Unless otherwise provided in the articles of incorporation, a written demand by a shareholder for a special meeting may be revoked by a writing to that effect by the share holder received by the corporation prior to the call of the special meeting.
(f) A bylaw provision governing the percentage of shares required to call special meetings is not a quorum or voting requirement?'

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JOURNAL OF THE SENATE

SECTION 5.
Said chapter is further amended by striking in their entirety subsections (a), (d), and (e) of Code Section 14-2-704, relating to actions of shareholders without meetings, and inserting in lieu thereof the following:
"(a) Action required or permitted by this chapter to be taken at a shareholders' meeting may be taken without a meeting if the action is taken by all the shareholders entitled to vote on the action or, if so provided in the articles of incorporation, by persons who would be entitled to vote at a meeting shares having voting power to cast not less than the minimum number (or numbers, in the case of voting by groups) of votes that would be necessary to authorize or take the action at a meeting at which all shareholders entitled to vote were present and voted. The action must be evidenced by one or more written consents bearing the date of signature and describing the action taken, signed by share holders entitled to take action without a meeting and delivered to the corporation for inclusion in the minutes or filing with the corporate records."
"(d) If not otherwise fixed under Code Section 14-2-703 or Code Section 14-2-707, the record date for determining shareholders entitled to take action without a meeting is the date the first shareholder signs the consent. No written consent shall be effective to take the corporate action referred to therein unless, within 60 days of the earliest date ap pearing on a consent delivered to the corporation in the manner required by this Code section, evidence of written consents signed by shareholders sufficient to act by written consent are received by the corporation. A written consent may be revoked by a writing to that effect received by the corporation prior to the receipt by the corporation of unrevoked written consents sufficient in number to take corporate actionT------------------
(e) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document. A consent delivered to the corporation shall become effective on the date of delivery of the last consent required to take action under subsec tion (d) of this Code section or such later date as it may provide."
SECTION 6.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 14-2-721, relating to the voting entitlement of shares, and inserting in lieu thereof the following:
"(b) Absent special circumstances, the shares of a corporation are not entitled to vote if owned by the corporation as treasury shares or if they are uwiied held, directly or indirectly, by a second corporation, domestic or foreign, and of which the first corporation owns, directly or indirectly, shares sufficient to elect a majority of the directors of the second corporation."
SECTION 7.
Said chapter is further amended by striking in their entirety subsections (b), (c), (d), and (h) of Code Section 14-2-722, relating to voting shares by proxies, and inserting in lieu thereof the following:
"(b) A shareholder or his or her agent or attorney in fact may appoint a proxy by execut ing a writing which authorizes another person or persons to vote or otherwise act un tliu shaiehuldtii's behalf for the shareholder by signing an appointment form. Execution may be accomplished by any reasonable means, including facsimile tetecummumcation trans mission, either personally or by an attorney in fact in the case of an individual share holder or by an authorized office, director, employee, or agent in the case of any other shareholder. Any copy, facsimile lulccummumcatiuu transmission, or other reliable re production of such writing or transmission may be substituted or used in lieu of the origi nal writing or transmission for any and all purposes for which the original writing or

FRIDAY, MARCH 28, 1997

2375

transmission could be used, provided that such copy, facsimile telecuiumimicatiuii trans mission, or other reproduction shall be a complete reproduction of the entire original writing ui U ansmisslun.
(c) An appointment of a proxy is effective when a signed appointment form or facsimile transmission of the signed appointment is received by the secielaiy ui ullitii ollicei ui1 agent inspector of election or the officer oFagent of the corporation authorized to tabulate votes. An appointment is valid for 11 months unless a longer period is expressly pro vided in the appointment form.
(d) An appointment of a proxy is revocable by the shaiehuldei unless the appointment form or facsimile transmission conspicuously states that it is irrevocable and the appointment is coupled with an interest. Appointments coupled with an interest include the appointment of:
(1) A pledgee;
(2) A person who purchased or agreed to purchase the shares;
(3) A creditor of the corporation who extended it credit under terms requiring the appointment;
(4) An employee of the corporation whose employment contract requires the appoint ment; or
(5) A party to a voting agreement created under Code Section 14-2-731."
"(h) Subject to Code Section 14-2-724 and to any express limitation on the proxy's author ity appealing un the faLe uf stated in the appointment form, a corporation is entitled to accept the proxy's vote or other action as that of the shareholder making the appointment."
SECTION 8.
Said chapter is further amended by striking in their entirety subsections (c), (d), and (e) of Code Section 14-2-724, relating to a corporation's acceptance of votes, and inserting in lieu thereof the following:
"(c) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signa tory's authority to sign for the shareholder or about the faithfulness or completeness of the reproduction when the original has not been examined.
(d) The corporation and its officer or agent who accept or reject a vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this Code sec tion or subsection (b) of Code Section 14-2-722 are not liable in damages to the shareholder for the consequences of the acceptance or rejection.
(e) Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under this Code section or subsection (b) of Code Section 14-2-722 is valid unless a court of competent jurisdiction determines otherwise."
SECTION 9.
Said chapter is further amended by adding a new Code Section 14-2-729.1 to read as follows:
"14-2-729.1.
(a) A corporation having any shares listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securi ties association shall, and any other corporation may, appoint one or more inspectors to act at a meeting of shareholders and make a written report of the inspectors' determina tions. Each inspector shall take and sign an oath faithfully to execute the duties of in spector with strict impartiality and according to the best of the inspector's ability.

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(b) The inspectors shall:
(1) Ascertain the number of shares outstanding and the voting power of each;
(2) Determine the shares represented at a meeting;
(3) Determine the validity of proxies and ballots;
(4) Count all votes; and
(5) Determine the result.
(c) An inspector may be an officer or employee of the corporation."
SECTION 10.
Said chapter is further amended by striking in its entirety subsection (h) of Code Section 14-2-1103, relating to action on plans of merger, and inserting in lieu thereof the following:
"(h) Action by the shareholders of the surviving corporation on a plan of merger or by the shareholders of the acquiring corporation in a share exchange is not required iF!
(1) The articles of incorporation of the surviving or acquiring corporation will not differ (except for amendments enumerated in Code Section 14-2-1002) from its articles before the merger or share exchange;
(2) Each share of stock of the surviving or acquiring corporation outstanding immedi ately before the effective date of the merger or share exchange is to be an identical outstanding or reacquired share immediately after the merger or share exchange; and
(3) The number and kind of shares outstanding immediately after the merger or share exchange, plus the number and kind of shares issuable as a result of the merger or share exchange and by the conversion of securities issued pursuant to the merger or share exchange or the exercise of rights and warrants issued pursuant to the merger or share exchange, will not exceed the total number and kind of shares of the surviving or acquiring corporation authorized by its articles of incorporation immediately before tEe merger or share exchange."
SECTION 11.
Said chapter is further amended by striking in its entirety subsection (e) of Code Section 14-2-1202, relating to sale of assets requiring shareholder approval, and inserting in lieu thereof the following:
"(e) Unless the articles of incorporation, the bylaws, or the board of directors (acting pur suant to subsection (c) of this Code section) require a greater vote or a vote by voting groups, the transaction to be authorized must be approved by a majority of all the votes entitled to be cast on the transaction."
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 withiu five yuaib aflm the effective date 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 14-2-401;

FRIDAY, MARCH 28, 1997

2377

(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."

SECTION 12.

Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corpo rations, is amended by 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:

Document

Fee

(1) Articles of incorporation........................................ .$60.00 (2) Application for certificate of authority ............................. 70.00 (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) Statement of change of address of registered agent. . .$5.00 per
corporation but not less than .................................... .20.00 (8) 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 striking paragraph (13) of Code Section 14-3-140, relat ing to definitions, and inserting in lieu thereof the following:
"(13) 'Entity' includes corporation and foreign corporation; business corporation and for eign business corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign limited liabil ity company; limited liability partnership and foreign limited liability partnership; state, United States, and foreign government; and regional development center solely for the purpose of implementing subsection (f) of Code Section 50-8-35."

SECTION 13.

Said chapter is further amended by striking in its entirety subsection (b) of Code Section 14-3-202, relating to articles of incorporation, and inserting in lieu thereof the following:
"(b) The articles of incorporation may set forth:
(1) The purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity;
(2) The names and addresses of the individuals who are to serve as the initial directors:
(3) Provisions not inconsistent with law regarding:
(A) Managing and regulating the affairs of the corporation;
(B) Defining, limiting, and regulating the powers of the corporation, its board of di rectors, and members (or any class of members); and

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(C) The characteristics, qualifications, rights, limitations, and obligations attaching to each or any class of members;
(4) A provision eliminating or limiting the ptusuual liability of a director to the corpora tion or its members for monetary damages for bieach uf duty ofcaie ui ulher duly any action taken, or any failure to take any action, as a director, piuvided that uu piuvlsiuii shall blimiuaU) ui limit the except liability ol a diiectui:
(A) For any appropriation, in violation of his or her duties, or any business opportu nity of the corporation;
(B) For acts or omissions which involve intentional misconduct or a knowing viola tion of law;
(C) For the types of liability set forth in Code Sections 14-3-860 through 14-3-864; or
(D) For any transaction from which the director received an improper personal bene fit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective;
(5) Any provision that under this chapter is required or permitted to be set forth in the bylaws; and
(6) Provisions not inconsistent with law regarding the distribution of assets on dissolution."
SECTION 14.
Said chapter is further amended by striking in its entirety Part 5 of Article 8, relating to indemnification, and inserting in lieu thereof the following:
"Part 5
14-3-850.
As used in this part, the term:
(1) 'Corporation' includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon con summation of the transaction.
(2) 'Director' or 'officer' means an individual who is or was a director or officer, respec tively, of a corporation ui an individual who, while a director or officer of a the corpora^ tion, is or was serving at the corporation's request as a director, officer, partner, trustee, employee, or agent of another fuibigu ui domestic or foreign business or non profit corporation, partnership, joint venture, trust, employee benefit plan, or other unltiipiiije entity. A director or officer is considered to be serving an employee benefit plan at the corporation's request if the director's duties to the corporation also impose duties on, or otherwise involve services by, the director to the plan or to participants in or beneficiaries of the plan. 'Director' or 'officer' includes, unless the context lequues otherwise requires, the estate or personal representative of a director.
(3) 'Disinterested director' means a director who at the time of a vote referred to in subsection (c) of Code Section 14-3-853 or a vote or selection referred to in subsection (b) or (c) of Code Section 14-3-855 is not:
(A) A party to the proceeding; or
(B) An individual having a familial, financial, professional, or employment relation ship with the director whose indemnification or advance for expenses is the subject of the decision being made, which relationship would, in the circumstances, reason ably be expected to exert an influence on the director's judgment when voting on the decision being made.

FRIDAY, MARCH 28, 1997

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f3)(4) 'Expenses' include includes counsel fees.
f4)(5) 'Liability' means the obligation to pay a judgment, settlement, penalty, fine (in cluding an excise tax assessed with respect to an employee benefit plan), or reasonable expenses actually incurred with respect to a proceeding.
(6) 'Official capacity' means:
(A) When used with respect to a director, the office of director in a corporation; and
(B) When used with respect to an officer, as contemplated in Code Section 14-3-857, the office in a corporation held by the officer.
'Official capacity' does not include service for any other domestic or foreign corporation or any partnership, joint venture, trust, employee benefit plan, or other entity.
(5X7) Tarty' includes means an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding.
(6)(8) 'Proceeding' means any threatened, pending, or completed action, suit, or pro ceeding whether civil, criminal, administrative, arbitrative, or investigative and whether formal or informal.
14-3-851.
(a) Except as otherwise provided in subsection (d) ui (e) of this Code section, a corpora tion may indemnify or~ubligale ilself Lu indemnify an individual made who is a party to a proceeding because the individual is or was a director against liability incurred in the proceeding if the individual acled ill a maiim he believed hi good faiQi lo be in ui nut
uppuacd Lu Llie beat mleieots ul Llic ttiipuititiuii cinu, m Llic uttac ui any i;iiiiiuitxl ^JiuuccdLlit;iiuji v ILL Lml liavl HO i ccisvjiiciL/lt;utniricCO Ijelievctilt? mill v itl ticiluuntluCtwctes
IW1U1..
(1) He or she conducted himself or herself in good faith; and
(2) He or she reasonably believed:
(A) In the case of conduct in his or her official capacity, that his or her conduct was in the best interests of the corporation;
(B) In all other cases, that his or her conduct was at least not opposed to the best interests of the corporation; and
(C) In the case of any criminal proceeding, he or she had no reasonable cause to believe his or her conduct was unlawful.
(b) A director's conduct with respect to an employee benefit plan for a purpose the direc tor believed in good faith to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirements of subsection (a) of this Code section.
(c) The termination of a proceeding by judgment, order, settlement, or conviction or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct described in this Code section.
(d) A corporation may not indemnify a director under this Code section:
(1) In connection with a proceeding by or in the right of the corporation, except for reasonable expenses incurred in connection with the proceeding if it is determined that the director has met the relevant standard of conduct under this Code section in which"
(2) In connection with any other proceeding in with respect to conduct for which the director was adjudged liable on the basis that personal benefit was improperly received by the director, whether or not involving action in the director's official capacity.
\&) 111 Clem i ii II Celt i Gil JJG1'mitted untreF tlliS Duile cicCLiOii in uOinieCtlOU Wltll o. ^Jiui;t;t?u.lii^ *Jy Oi" iH tilt; i i^T-il/ OI tile uui JJLHdtlGii is liunLed tG I'GJlSGllci.ule eXptillSeci ulCUlTetl iii COilIltiCuLGUi Wltll tlitr^jrGCtJtJUiilg1.

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14-3-852. Uiilesb limited by its aitides uf iiiioipuiatkm, tu the extent Lliat d diiectui1 has been buc-

is ui was a diiectui of Lhe cuipoiatiun, llie A corporation shall indemnify the a director who was successful, on the merits or otherwise, in the defense of any proceeding to which the director was a party because the director was a director of the corporation against reasonable expenses incurred By the director m connection llieiewith with the proceeding.
14-3-853.
(a) A corporation may, before final disposition of a proceeding, advance funds to pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final dispositiun of the piuceeding because the director is a director if the director delivers to the corporation:
(1) The diiectoi furnishes the cui poratioii a A written affirmation of the director's good faith belief that the director has met the relevant standard of conduct described in subsection (a) of Code Section 14-3-851 or that the proceeding involves conduct for which liability has been eliminated under a provision of the articles of incorporation as authorized by paragraph (4) of subsection (b) of Code Section 14-3-202; and
(2) The diiectoi1 furnishes the curpuiation a director's written undertaking, executed peisoiially or on the diieitui'b behalf, to repaythe advance any funds advanced if it is ultimately determined that the director is not entitled to indemnification under this part.
(b) The undertaking required by paragraph (2) of subsection (a) of this Code section must be an unlimited general obligation of the director by need not be secured and may be accepted without reference to the financial ability of the director to make repayment.
(c) Authorizations under this Code section shall be made by the board of directors:
(1) If there are two or more disinterested directors, by a majority vote of all the disin terested directors (a majority of whom shall for such purpose constitute a quorum) or by a majority of the members of a committee of two or more disinterested directors appointed by such a vote; or
(2) If there are fewer than two disinterested directors, by the vote necessary for action by the board in accordance with subsection (c) of Code Section 14-3-824, in which au^ thorization directors who do not qualify as disinterested directors may participated
14-3-854.
(a) Uiilehb a cuipuiatiun's aitides of incoipuiation piovide utheiwise, a A director of the cuipoiatioii who is a party to a proceeding because he or she is a director may apply for indemnification or advances of expenses to the court conducting the proceeding or to an other court of competent jurisdiction. On After receipt of an application, the cuui I, after giving any notice the cuuit it considers necessary, may oi'dei indemnification ui advances fui expenses in the auiuunt it cuiibideis piopei1 if it determines the court shall:
(1) The Jiiectui is entitled to maiidaluiy indemnification under Cude Section 14-3-802, in which case tile couit shall also ordei the corpuiatiuii tu pay the diiectui's leasuiiable expen&es incuimd to ubtain cuuit uideied indemnification,
(2) The Jiiectur is faiily and lea&onably entitled tu iiideiiiiiiflcatiun in view uf all Llie

teC^l.^IU:H..J.l.l Vt..iU\/ U..IrpV.^.U.Ui^C U1-G.^-HI:U..l.l.A*u.-O^~On*rJi-- -L, iL.I.L.lilj 1:1r tnll.C~ U.Kll.t~lU..iL..U.--lW CIO ~I.UiJ:.U..iU..g.~cU.i S-.U. Klla~UI.IIC~--, 1:1..1"
Llt^iiiiiilii;catiun 10 liunLcil Lu 1 cciouiiciulc CA^jeiiciCB intuiicLi, LiiilcScs Llie on Lidcs ui u^ltiwo
piovide uLheiwise, ui Order indemnification or advance for expenses if it determines that the director is entitled to indemnification under this part; or

FRIDAY, MARCH 28, 1997

2381

An tilt; CciSc OT {KAVtHiCeS TOT eAjjtinsGSj tile Clii'cCLOi' IS tJiltiLltiU, plll'ci net-Lit tu Lliu 't:ellit;ilL LU pfl._yiH6iit
or reimbursement uf the dheitui'b leasonable expenses inclined as a paily tu a pro ceeding in advance uf final disposition uf the proceeding. Order indemnification or ad vance for expenses if it determines, in view of all the relevant circumstances, that it is fair and reasonable:
(A) To indemnify the director; or
(B) To advance expenses to the director,
even if he or she has not met the relevant standard of conduct set forth in subsections (a) and (b) of Code Section 14-3-851, failed to comply with Code Section 14-3-853, or was adjudged liable in a proceeding referred to in paragraph (1) or (2) of subsection (d) of Code Section 14-3-851, but if he or she was adjudged so liable his or her indemnifica tion shall be limited to reasonable expenses incurred in connection with the proceeding.
(b) If the court determines that the director is entitled to indemnification or advance for expenses under this part, it may also order the corporation to pay the director's reason able expenses to obtain court ordered indemnification or advance for expenses.
14-3-855.
(a) A corporation may not indemnify a director under Code Section 14-3-851 unless au thorized thereunder and a determination has been made in the for a specific case pro ceeding that indemnification of the director is permissible in the circumstances because the director has met the relevant standard of conduct set forth in subsection (a) of Code Section 14-3-851.
(b) The determination shall be made:
V A/ Aiy IAit; uufcrTQ Ol Clii*t;CtjUiLis Ary HlflJOl'iL^y VutdfTJl 3. t^UCi'tiill COiiDlSllll^ Ol un tJuLulS liOL at
tAlC; tlllltr pfcti'bi6S t/O tilt; !(ji*OCct;tlHl^,
\i) At SL i^U.ui'u.iil CHlHut lie ODb&lIlSCl Ulltlel1 ^jai'd^l'tipll. (.A/ Ol tAliS SUDSeCtluil, uy ITlEtJOrrty
vote of a committee duly designated by the budid of directuib (in which dubignatiuii
uneutuiS wiiu cue pai tics mei^ pm tiuijjatc), liOiiaioliiig sulcly ul Lwu ui muit; uneutuio
not at lliu time parties tu the proceeding, If there are two or more disinterested direc tors, by the board of directors by a majority vote of all the disinterested directors (a majority of whom shall for such purpose constitute a quorum), or by a majority of the members of a committee of two or more disinterested directors appointed by such a vote;
t9H2) By special legal counsel:
(A) Selected by the buaid uf diiectuis ui its cummiUee in the manner prescribed in paragraph (1) 01 (2) of this subsection; or
(B) If there are fewer than two disinterested directors, a quur um uf the buai'd camiut
UC OutctllltJll Uiltld pell dgl cl^jll \-L/ *ji tills BUUcicOtlUll &I1U 1 uulllllli LLtlt; UiXliilUL UC Ucdlf^"
nateJ uadei paiagiaph (2) uf ChlH subseclioii, selected by majuiity vote uf the ftrH board of directors, in which selection directors who aie pailies do not qualify as dis interested directors may participate; or
f4-)(3) By the members, but directors who are at the lime pai ties tu the proceeding do not qualify as disinterested directors may not vote as members on the determination.
(c) Authorization of indemnification or an obligation to indemnify and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if there are fewer than two disinterested di rectors or if the determination is made by special legal counsel, authorization of indemni fication and evaluation as to reasonableness of expenses shall be made by those entitled under paragraph (3) of subsection (b) of this Code section to select special legal counsel.

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JOURNAL OF THE SENATE

14-3-856.
UllhjsS a cui'uuiciliuii's ai'ticlca uf iiiCGi Liuialiuii GiOVidt; utllciWist:
\i) All GlllCci GI tll^ COr'uGi ciLlGii WilG lo ilOt SL Clil'tiCLui" IS tiltlljlfeur LU iiifl.liu.fi.tui~y lllu
fHiU.^c^tL:.l.U.^ll jUii.1^1.U^^.C-1v -OP.U-.U.-1.C^ M Ot^JU^tLiwlU,I^l 1J.J*.~QO~Q O(^J.^9i .^t.It.!-U1 IlSa C.vlnItL-HIL-l'lt^J.U-l. ft<.^J CarliUiTU^IV_fyr 1f.U-.iI- U.^.U.mUHi ^L U...I.L1^id.^C.i1-l 1'.J,
nificatiuii undei Code Oectiun 14-0-854, In eaili tase tu the same ejiUmt ab a director; artd
lu.vc
3.^t;iiL WllO lS~~ij.Gt ct tlU'tjCLui" tu 1116 tiXLtJi.il, CGHSlStdil Wltll puOliC ^jOliCyj LllSL J.lifl.y Ot1
piuvidbd by its ai'Lideti uf iiicuipuiaLiun, b,ylawi>, guiimal or specific action uf its buard
ui uiicctuia, ui cunliact.
(a) A corporation may indemnify and advance expenses under this part to an officer of the corporation who is a party to a proceeding because he or she is an officer of the corporation:
(1) To the same extent as a director; and
(2) If he or she is not a director, to such further extent as may be provided by the articles of incorporation, the bylaws, a resolution of the board of directors, or contract except for liability arising out of conduct that constitutes:
(A) Appropriation, in violation of his or her duties, of any business opportunity of the corporation;
(B) Acts or omissions which involve intentional misconduct or a knowing violation of law;
(C) The types of liability set forth in Code Section 14-2-832; or
(D) Receipt of an improper personal benefit.
(b) The provisions of paragraph (2) of subsection (a) of this Code section shall apply to an officer who is also a director if the sole basis on which he or she is made a party to the proceeding is an act or omission solely as an officer.
(c) An officer of a corporation who is not a director is entitled to mandatory indemnifica tion under Code Section 14-3-852, and may apply to a court under Code Section 14-3-854 for indemnification or advances for expenses, in each case to the same extent to which a director may be entitled to indemnification or advances for expenses under those provisions.
(d) A corporation may also indemnify and advance expenses to an employee or agent who is not a director to the extent, consistent with public policy, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of directors, or contracC
14-3-857.
A corporation may purchase and maintain insurance on behalf of an individual who is or was a director, officer, employee, or agent of the corporation or who, while a director, officer, employee, or agent of the corporation, is ui was sbiviug serves at the lequest uf the cuipuialiuu corporation's request as a director, officer, partner, trustee, employee, or agent of another fuieigii ui1 domestic or foreign business or nonprofit corporation, part nership, joint venture, trust, employee benefit plan, or other enteipiise entity against liability asserted against or incurred by the individual in that capacity or arising from the individual's status as a director, officer, employee, or agent, whether or not the corpo ration would have power to indemnify or advance expenses to the individual against the same liability under Cude Secliuu 14-3-851 ui 14-0--852 this~part.
14-3-858.
ci Cur^Juil&.tiOIi S iiidcillillliOciLiOll OI Or culVctiiCt; 1O1 CA^jeHS^iS LO ui~
Gj.lt 3.111 fed in it/S 3.1 LitlcS ui lIiCoi'^Oi&.tiuii, oylilWs, d. I'tJSOlU.T'luii ul its
uci e OF LMJCH Cl Ol i-lncCLuirij ui in ci COHtlauL Oi GllltirwiSt; IS V3J.ru Oilly il buid Lu tUG e&tciiL
tllfe uiuv'iSiOli IET liOHS i$tti 11 L witll U11S |Jcii L. Aiiy esLitll pluviSiOii eAi&lm^ Oil J u.1^ TJ J.t/y J. (

FRIDAY, MARCH 28, 1997

2383

shall be valid tu Qie exleiil il dues iiul piuvide fui biuadei indemnification than is allowed
U-HQtii* LiliS p31*t. n ai tiCItiSOI inCOl*p01"3.11011 IITllltlll.QGiiiJ.iiilCfltlOri Oi" cltlVct11Ct;TOT" eX-
pexiSGS, liitlcilliiillufciLiuii tuiLi StlVtiirCt; lui" t;AjJt;iiSct> en't; vtiliu. Glily Lu Hit? cXtciiL CGiis intent
with the articles. A corporation may, by a provision in its articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or shareholders, obligate itself in advance of the act or omission giving rise to a proceeding to provide indemnification or advance funds to pay for or reimburse expenses consistent with this part. Any such provision that obligates the corporation to provide indemnifica tion to the fullest extent permitted by law shall be deemed to obligate the corporation to advance funds to pay for or reimburse expenses in accordance with Code Section 14-3853 to the fullest extent permitted by law, unless the provision specifically provides otherwise. Any such provision existing on July 1, 1991, shall be valid to the extent it does not provide for broader indemnification than is allowed under this part
(b) Any provision pursuant to subsection (a) of this Code section shall not obligate the corporation to indemnity or advance expenses to a director of a predecessor of the corpo ration, pertaining to conduct with respect to the predecessor, unless otherwise specifi cally provided. Any provision for indemnification or advance for expenses in the articles of incorporation, bylaws, or a resolution of the board of directors or shareholders, part ners, or, in the case of limited liability companies, members or managers of a predecessor of the corporation or other entity in a merger or in a contract to which the predecessor is a party, existing at the time of the merger takes effect, shall be governed by paragraph (3) of Code Section 14-3-1105T
(c) A corporation may, by a provision in its articles of incorporation, limit any of the rights to indemnification or advance for expenses created by or pursuant to this part.
(b)(d) This part does not limit a corporation's power to pay or reimburse expenses in curred by a director or an officer in connection with appealing his or her appearance as a witness in a proceeding at a time when the diiectui has he or she is not been made a named defendant ui lespundeiit tu the pioceeding a party.
(e) Except as expressly provided in Code Section 14-3-856, this part does not limit a cor poration's power to indemnify, advance expenses to, or provide or maintain insurance on behalf of an employee or agent
fc)(f) The provisions of this part may be incorporated by reference into a corporation's articles of incorporation, bylaws, or a resolution of its members or board of directors. In such case, any such provision shall subsequently be deemed amended to conform with any amendments to this part, unless such provision otherwise expressly provides."
SECTION 15.
Said chapter is further amended by striking in its entirety Code Section 14-3-1101, relating to plans of merger, and inserting in lieu thereof the following:
"14-3-1101.
(a) As used in this Code section, the term:
(1) 'Business corporation' means a corporation for profit, incorporated under the provi sions of Chapter 2 of this title.
(2) 'Entity' includes any domestic or foreign business corporation, domestic or foreign nonprofit corporation, domestic or foreign limited liability company, domestic or for eign joint-stock association, or domestic or foreign limited partnership.
(3) 'Foreign business corporation' means a corporation for profit incorporated under a law other than the law of this state.
(4) 'Governing agreements' includes the articles of incorporation and bylaws of a do mestic or foreign business corporation or domestic or foreign nonprofit corporation, ar ticles of association or trust agreement or indenture and bylaws of a joint-stock

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JOURNAL OF THE SENATE

association, articles of organization and operating agreement of a limited liability com pany, and the certificate of limited partnership and limited partnership agreement of a limited partnership, and agreements serving comparable purposes under the laws of other states or jurisdictions.
(5) 'Joint-stock association' includes any association of the kind commonly known as a Joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partner ship, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction.
(6) 'Limited liability company' includes limited liability companies formed under the laws of this state or of any other state or territory or the District of Columbia, unless tEe laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation.
(7) 'Limited partnership' includes limited partnerships formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation.
(8) 'Share' includes shares, memberships, financial or beneficial interests, units, or pro prietary or partnership interests in a domestic or foreign business corporation, limited liability company, joint-stock association, or a limited partnership, but does not include debt obligations of any entity.
(9) 'Shareholder' includes every shareholder, member, or partner in a domestic or for eign business corporation, a limited liability company, a joint-stock association, or a limited partnership that is a party to a merger or a holder of a share of stock or other evidence of financial or beneficial interest therein.
(a)(b) Subject to the limitations set forth in Code Section 14-3-1102, one or more nonproHt corporations may merge into a business or nunpiufit mipuialiuu an entity if the plan of merger is approved as provided in Code Section 14-3-1103.
fb)(c) The plan of merger must set forth:
(1) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each plans to merge;
(2) The terms and conditions of the planned merger; and
(3) The manner and basis, if any, of converting the memberships of each corporation and the shares, financial or beneficial interests, or units in each of the entities into shares, obligations, memberships, or other securities of the surviving or any other corporation or entity or into cash or other property in whole or in part.
ftrXd) The plan of merger may set forth:
(1) Any amendments to the articles of incorporation, or bylaws, or governing agree ments of the surviving corporation or entity to be effected by the planned merger; and
(2) Other provisions relating to the planned merger."
SECTION 16.
Said chapter is further amended by striking in their entirety subsections (a) and (c) of Code Section 14-3-1102, relating to approval of mergers, and inserting in lieu thereof the following:
"(a) Without the prior approval of the superior court in a proceeding of which the Attor ney General has been given written notice, a corporation described in paragraph (2) of

FRIDAY, MARCH 28, 1997

2385

subsection (a) of Code Section 14-3-1302 may merge with a domestic or foreign corpora tion or business coipuiatiun other entity, provided that:
(1) The corporation or entity which is the surviving corporation or entity is a corpora tion or entity described in paragraph (2) of subsection (a) in Code Section 14-3-1302 after the merger; or
(2)(A) On or prior to the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets (including good will) of the corporation or the fair market value of the corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under subsection (b) of Code Section 14-3-1403 had it dissolved;
(B) It shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and
(C) The merger is approved by a majority of directors of the corporation who are not and will not become members or shareholders in or officers, employees, agents, or con sultant of the surviving corporation or entity."
"(c) Without the prior approval of the superior court in a proceeding in which the Attor ney General has been given notice, no member of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may receive or keep anything as a result of a merger other than membership in the surviving corporation or entity. The court shall approve the transaction if it is in the public interest."
SECTION 17.
Said chapter is further amended by striking in its entirety Code Section 14-3-1104, relating to articles of merger and publication of notice of merger, and inserting in lieu thereof the following:
"14-3-1104.
(a) After a plan of merger is approved by the board of directors, and, if required by Code Section 14-3-1103, by the members and any other persons, the surviving or acquiring corporation or entity shall deliver to the Secretary of State articles of merger setting forth:
(1) The plan of merger;
(2) If approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors;
(3) If approval by members was required:
(A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and
(B) Either the total number of votes cast for and against the plan by each class enti tled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class;
(4) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-31103, a statement that the approval was obtained; and
(5) The merging corporation or entity shall deliver the articles of merger to the Secre tary of State for filing in substantially the same manner as provided in Cude Section 14-2-1105 its governing agreements and in compliance with any applicable laws apply ing to domestic entities, or, in the absence of such requirements, in substantially the

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JOURNAL OF THE SENATE

same manner as provided in Code Section 14-2-1105 and shall comply with the provisions of Code Section 14-2-1105.1, except that the notice to the publisher of the news paper shall be in substantially the following form:

'NOTICE OF MERGER

Notice is given that articles or a certificate of merger by and between _____ (name

and state of incorporation or organization of each of the constituent corporations or

entities) will be delivered to the Secretary of State for filing in accordance with th"e

Georgia Nonprofit Corporation Code. The name of the surviving corporation (or

other entity) in the merger will be _____, a corporation (or other entity) incorjxT

rated (organized pursuant to the laws of) in the State of

. The registered

office of such corporation (name of type of entity) (is) (will be) located at ____

(address of registered office) and its registered (agent (agents) at such address (is)

(are) _____ (name or names of agent or agents).'

(b) In lieu of filing articles of merger that set forth the plan of merger, the surviving or acquiring corporation or entity may file a certificate of merger which sets forth:

(1) The name and state of incorporation of each corporation or entity which is merging and the name of the surviving corporation or entity into which each other corporation or entity is merging;

(2) Any amendments to the articles of incorporation or governing agreements of the surviving corporation or entity;

(3) That the executed plan of merger is on file at the principal place of business of the surviving corporation or entity, stating the address thereof;

(4) That a copy of the plan of merger will be furnished by the surviving corporation or entity, on request and without cost, to any shareholder of any corporation or entity that is a party to the merger;

(5) If shareholder approval was not required, a statement to that effect; and

(6) If approval of the shareholders of one or more corporations or entities party to the merger was required, a statement that the merger was duly approved by the shareholders.

(c) Unless a delayed effective date is specified, a merger takes effect when the articles or certificate of merger is filed."

SECTION 18.

Said chapter is further amended by striking in its entirety Code Section 14-3-1105, relating to the effect of mergers, and inserting in lieu thereof the following:
"14-3-1105.
When a merger takes effect:
(1) Every other corporation or entity party to the merger merges into the surviving corporation or entity and the separate existence of every corporation except the surviv ing corporation or entity ceases;
(2) The title to all real estate and other property owned by each corporation or entity party to the merger is vested in the surviving corporation or entity without reversion or impairment subject to any and all conditions to which the property was subject prior to the merger;
(3) The surviving corporation or entity has all liabilities and obligations of each corpo ration or entity party to the merger;
(4) A proceeding pending against any corporation or entity party to the merger may be continued as if the merger did not occur or the surviving corporation or entity may be substituted in the proceeding for the corporation or entity whose existence ceased; and

FRIDAY, MARCH 28, 1997

2387

(5) The articles of incorporation and bylaws of the surviving corporation or entity are amended to the extent provided in the plan of merger."

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 within five yuais allei Lhe effeclivt; dale 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."

SECTION 19.

Notwithstanding the provisions of Code Section 1-3-4.1, 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 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 20.

All laws and parts of laws in conflict with this Act are repealed.
Senator Egan of the 40th moved that the Senate adopt the Conference Committee re port on HB 294.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Cagle Crotts Dean Egan Fort Glanton Gochenour 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 Ralston Ray Starr Stokes Taylor Thomas of 54th Turner Tysinger

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Brush Burton Cheeks

Clay Lamutt Roberts

Tanksley Thompson

Those not voting were Senators:

Blitch Gillis (excused)

Scott Streat (excused)

Thomas of 10th (excused) Walker

On the motion, the yeas were 42, nays 8; the motion prevailed, and the Senate adopted the Conference Committee report on HB 294.
The following bill was taken up to consider the Conference Committee Report thereto:

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.

The Conference Committee Report was as follows:

The Committee of Conference on HB 567 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 567 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Mary Margaret Oliver 42nd District

/s/ Representative DuBose Porter 143rd District

/s/ Senator Clay Land 16th District

/s/ Representative Ann R. Purcell 147th District

/s/ Senator Eric Johnson 1st District

Is/ Representative Charles Smith, Jr. 175th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 567

A BILL
To be entitled an Act to enact the "School Safety Act"; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, so as to require superior courts to provide notice to the local school system when a person who is 17 years of age or older is convicted of a felony; to provide for applicability; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to 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 a juve nile convicted of certain offenses or adjudicated delinquent on the basis of conduct which would constitute certain offenses is enrolled; 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 notice to teachers regarding students who have been convicted of or adjudicated to have committed a designated felony; to provide for review of certain information; to pro vide that procedures for local boards as tribunals shall apply to disciplinary proceedings; to provide for a student code of conduct to be adopted by local school systems; to provide for

FRIDAY, MARCH 28, 1997

2389

reporting alleged criminal action by a student; to authorize state-wide suspension or expul sion of students convicted of any felony; to provide for alternative placement; to provide for creation of alternative school programs; to provide for related matters; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "School Safety Act."
SECTION 2.
Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, is amended by inserting a new Code section to be designated Code Section 15-6-36 to read as follows:
"15-6-36.
(a) For the purposes of this Code section, 'conviction' means any felony conviction of a person who is at least 17 years of age.
(b) Within 30 days of any proceeding ending in a conviction, the superior court shall provide written notice of the conviction to the school superintendent or the school super intendent's designee of the school in which the convicted defendant was enrolled, or, if the information is known, of the school in which the convicted defendant plans to be enrolled at a future date. Such notice shall include the specific criminal offense for which the defendant was convicted. A local school system to which such a convicted defendant is assigned may request further information from the court's file."
SECTION 3.
Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by adding at the end of paragraph (2) of subsection (b) a new subparagraph (E) to read as follows:
"(E) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of certain offenses over which the superior court has exclusive jurisdiction as provided in subparagraph (A) of this paragraph or adjudicated delinquent on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. A local school system to which the student is assigned may request further information from the court's file."
SECTION 4.
Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, is amended by striking Code Section 20-2-751.2, relating to disciplinary orders of other school systems, and inserting in lieu thereof the following:
"20-2-751.2.
(a) As used in this Code section, the term 'disciplinary order' means any order of a local school system which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system.
(b) A local board of education which has a student who attempts to enroll or who is en rolled in any school in its school system during the time in which that student is subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school system's disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other

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JOURNAL OF THE SENATE

school was an offense for which suspension or expulsion could be imposed in the enrolling school.
(c) A local school system may request of another school system whether any disciplinary order has been imposed by the other system upon a student who is seeking to enroll or is enrolled in the requesting system. If such an order has been imposed and is still in effect for such student, the requested system shall so inform the requesting system and shall provide a certified copy of the order to the requesting system.
(d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-5 or 15-11-58.1 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-37, such administrator shall so inform all teachers to whom the student is assigned. Such teachers and other certificated professional per sonnel as the administrator deems appropriate may review the information in the stu dent's file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 5.
Said part is further amended by adding immediately following Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, a new Code Sec tion 20-2-751.3 to read as follows:
"20-2-751.3.
(a) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall adopt a student code of conduct and shall send a copy of such code of conduct to the State Board of Education by August 15, 1997.
(b) Local boards of education shall provide for disciplinary action against students who violate the student code of conduct. A student who violates the student code of conduct may be punished for misconduct as provided by his or her local board of education.
(c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in-school suspension programs or alternative educa tional settings rather than to suspend or expel such students from school."
SECTION 6.
Said part is further amended by striking Code Section 20-2-754, relating to procedures to be followed by disciplinary officer, panel, or tribunal, in its entirety and inserting in lieu thereof the following:
"20-2-754.
(a) The provisions of Code Section 20-2-1160 shall apply to disciplinary proceedings under this subpart.
(a)(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Codlf Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, en sure that:
(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel;
(2) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; and

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(3) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties.
(bXc) If appointed to review an instance specified in Code Section 20-2-753, the discipli nary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal.
(c)(d) The local board of education shall review the record and shall render a decision in writing. The decision shall be based solely on the record and shall be given to all parties within ten days, excluding weekends and public and legal holidays provided for in Code Section 1-4-1, from the date the local board of education receives the notice of appeal. The board may take any action it determines appropriate, and any decision of the board shall be final. All parties shall have the right to be represented by legal counsel at any such appeal and during all subsequent proceedings.
(e) Either or both parents or guardians or legal counsel of the student involved may ob tain a copy of any documents relating to a disciplinary proceeding conducted pursuant to this Code section."
SECTION 7.
Said part is further amended by striking Code Section 20-2-756, relating to reports by school officials to law enforcement officials, and inserting in lieu thereof the following:
"20-2-756.
(a) The school administration, disciplinary hearing officer, panel, tribunal of school offi cials, or the local board of education may, when any instance specified in subsection (a) of Cude Secliuii 20-2-753 alleged criminal action by a student occurs, report the incident to the appropriate law enforcement agency or officer for investigation to determine if crimi nal charges or delinquent proceedings should be initiated.
(b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be subject to any action for malicious prosecution, malicious abuse of pro cess, or malicious use of process."
SECTION 8.
Said part is further amended by striking subsection (a) of Code Section 20-2-759, relating to certain children exempt from provisions relating to public school disciplinary tribunals, and inserting in lieu thereof the following:
"(a) This subpart shall not apply to children in kindergarten through piimaiy giadu 0 elementary grade 5."
SECTION 9.
Said part is further amended by adding at the end thereof a new Subpart 4 to read as follows:
"Subpart 4
20-2-768.
As used in this subpart, the term:
(1) 'Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester.

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(2) 'Suspension' means the short-term suspension of a student from a public school for not more than ten days or long-term suspension for more than ten days pursuant to Code Section 20-2-751.
20-2-769.
(a) Each local board of education is authorized to refuse to readmit or enroll any student who has been suspended or expelled for being convicted of, being adjudicated to have committed, being indicted for, or having information filed for the commission of any fel ony or any delinquent act under Code Section 15-11-5 which would be a felony if commit ted by an adult. If refused readmission or enrollment, the student or the student's parent or legal guardian has the right to request a hearing pursuant to the procedures provided for in Code Section 20-2-754.
(b) A hearing officer, tribunal, panel superintendent, or local board of education shall be authorized to place a student denied enrollment in a local school system under subsec tion (a) of this Code section in an alternative educational system as appropriate and in the best interest of the student and the education of other students within the school system.
(c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individually oriented in-school suspension programs or alternative educa tional settings rather than to suspend or expel such students from school.
20-2-770.
(a) The State Board of Education is authorized to create an alternative school program for students in grades 6 - 12 to serve students who violate the student code of conduct. This program shall provide the individualized instruction, intervention strategies, and transition to other programs these students need to become successful students and good citizens.
(b) Any local board of education may choose to establish an alternative school for the sole purpose of providing a separate educational program for students who violate the stu dent code of conduct.
(c) The educational program for an alternative school must include the objectives of the quality core curriculum, ensuring that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and ensuring that credit earned by students participating in the alternative school program can be transferred to either the home school or another public school.
(d) The state board is authorized to establish criteria and procedures for alternative schools. Each year the state board must review petitions for alternative school status received from local boards of education. The state board is directed to approve such peti tions and to grant alternative school status to local boards of education whose petitions, in the opinion of the state board, meet the established criteria in subsection (d) of this Code section.
(e) The state board is authorized to grant alternative school status on a multiyear basis, not to exceed five years. Annual progress reports for each alternative school must be filed with the State Board of Education. These reports must include, at a minimum, a statement of:
(1) The process by which the educational program for each student has been determined;
(2) The process through which the educational progress of each student has been eval uated and a summary report of the results of these evaluations; and
(3) The process by which students have been returned to their home school or another public school and a summary report of the total number of students served and the enrollment or program completion status of each student upon withdrawal from the alternative school.

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(f) The State Board of Education may withdraw an alternative school status designation if, in the opinion of the board, the designated school is not complying with the criteria and procedures established by the board.
(g) If a school district is granted alternative school status for one or more schools and fails to comply with the above requirements for annual reporting, state funding may be withheld."

SECTION 10.

Article ISA of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the liability of educators for disciplining students, is amended by striking in its entirety subsection (b) of Code Section 20-2-1000, relating to limitation on civil damages for disci plining a student, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No educator shall be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, except for acts or omissions of willful or wanton misconduct."

SECTION 11.

Said article is further amended by adding at the end thereof a new Code section, to be designated as Code Section 20-2-1001, to read as follows:
"20-2-1001.
(a) As used in this Code section, the term 'educator' means any principal, school adminis trator, teacher, guidance counselor, paraprofessional, school bus driver, volunteer assist ing teachers in the classroom, tribunal members, or certificated professional personnel.
(b) An educator shall be immune from criminal liability for any act or omission concern ing, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, provided that the educator acted in good faith."

SECTION 12.

This Act shall become effective on July 1, 1997.

SECTION 13.

All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved that the Senate adopt the Conference Committee report HB 567.

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

Those voting in the affirmative were Senators:

Abernathy Balfour Bowen Broun of 46th Brush Burton Cagle Crotts Dean Fort Glanton Gochenour

Guhl Harbison Huggins James Johnson of 2nd Johnson of 1st Lamutt Land Marable Middleton Oliver Perdue

Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Turner Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Blitch Boshears Brown of 26th Clay

Griffin Henson Hill Kemp

Langford Taylor Tysinger

Those not voting were Senators:

Cheeks Egan Gillis (excused)

Hooks Madden Streat (excused)

Thomas of 54th Thomas of 10 (excused) Thompson

On the motion, the yeas were 36, nays 11; the motion prevailed, and the Senate adopted the Conference Committee report on HB 567.
The following bill was taken up to consider the Conference Committee Report thereto:

HB 840. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:

A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to pro vide for the offense of vandalism to a cemetery or memorial.

The Conference Committee Report was as follows: The Committee of Conference on HB 840 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Confer ence Substitute to HB 840 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Diana Harvey Johnson 2nd District

/s/ Representative Tom Bordeaux 151st District

/s/ Senator Eric Johnson 1st District

/s/ Representative William C. Randall 127th District

/s/ Senator Rene D. Kemp 3rd District

/s/ Representative Ronald A. Crews 78th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 840

A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide for the offense of vandalism to a cemetery or memorial; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking in its entirety Code Sec tion 16-7-26, relating to vandalism to a place of worship, and inserting in its place the following:

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2395

"16-7-26.

(a) A person commits the offense of vandalism to a place of worship when he or she mali ciously defaces or desecrates a church, synagogue, or other place of public religious worship.
(b) A person commits the offense of vandalism to a cemetery or memorial when he or she maliciously defaces, disturbs, mutilates, removes, or destroys all or any part of a burial object, burial ground, cemetery, or abandoned cemetery as those terms are denned in Code Section 36-72-2T
(c) A person convicted of the offense of vandalism to a place of worship shall be punished Ey imprisonment for not less than one nor more than five years.
(d) A person convicted of the offense of vandalism to a cemetery or memorial shall be punished by imprisonment for not less than one nor more than three years."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 2nd moved that the Senate adopt the Conference Committee report on HB 840.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Glanton Gochenour

Guhl 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 Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker

Those not voting were Senators:

Egan Fort Gillis (excused)

Griffin Harbison Perdue

Roberts Streat (excused) Thomas of 10th (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 840.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House:

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HR 296. By Representatives Holland of the 157th, Coleman of the 142nd, Skipper of the 137th and others:
A resolution proposing an amendment to the Constitution so as to provide for a Georgia Compensation Commission with the authority to fix the compensation of certain state constitutional officers and such other state officers as may be provided for by law; to provide that such commission shall investigate and ap prove or disapprove the separation of state employees subject to involuntary separation benefits.
The following resolution was taken up to consider House action thereto:
HR 296. By Representative Holland of the 157th:
A resolution proposing an amendment to the Constitution so as to provide for a Georgia Compensation Commission with the authority to fix the compensation of certain state constitutional officers and such other state officers as may be provided for by law; to provide that such commission shall investigate and ap prove or disapprove the separation of state employees subject to involuntary separation benefits.
The House amendment was as follows:
Amend the Senate amendment to HR 296, said amendment being designated AM 9 0508, by striking lines 3 through 17 of page 1 and inserting in lieu thereof the following:
"Amend HR 296 by striking line 1 of page 1 through line 23 of page 6 and inserting in lieu thereof the following:
'Proposing an amendment to the Constitution so as to provide for a Georgia Citizens Com mission on Compensation of Public Officials with the authority to fix the compensation of certain public officers and such other state officers as may be provided for by law; 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 IV of the Constitution is amended by adding at its end a new Section VIII to read as follows:
"SECTION VIII. GEORGIA CITIZENS COMMISSION ON COMPENSATION OF PUBLIC OFFICIALS
Paragraph I. Powers and duties. The Georgia Citizens Commission on Compensation of Public Officials shall set the salaries of the Governor; the Lieutenant Governor and the Speaker of the House of Representatives which shall be uniform; the Justices of the Supreme Court; the Judges of the Court of Appeals; the members of the General Assembly, which shall be uniform for all members, and any additional salaries for the officers of the General Assembly who are members of the General Assembly; the members of the Public Service Commission; the members of the State Board of Pardons and Paroles; the constitu tional officers who are elected state wide; the superior court judges; the district attorneys; and such other officers of state government as may be provided for by general law. The Georgia Compensation Commission shall also set the amount of per diem compensation, if any, to be received by such officers.
Paragraph II. Membership, (a) The commission shall be composed of 18 members who shall serve for terms of four years commencing December 1, 1998, and quadrennially there after. Each member shall serve until his or her successor has been appointed and qualified. Six members shall be appointed by the Governor. Three members shall be appointed by the Lieutenant Governor, one of whom shall be selected from a list of at least three names

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2397

provided by the political party electing the second highest number of members of the Senate at the most recent general election. Three members shall be appointed by the Speaker of the House of Representatives, one of whom shall be selected from a list of names provided by the political party electing the second highest number of members of the House of Representatives at the most recent general election. Three members shall be appointed by the Supreme Court and three members by the Court of Appeals. Appointments shall be made not later than November 30, 1998, and every fourth year thereafter. The General Assembly shall enact general laws relating to the appointment procedure to ensure that at least one member of the commission resides in each congressional district. Should any vacancy on the commission occur from death, resignation, or otherwise, the appointing au thority shall appoint a successor member to serve during the unexpired term.
(b) In selecting members of the commission, each appointing authority shall seek to appoint a commission constituting a cross section of the citizens of Georgia with a broad and repre sentative variety of opinions, backgrounds, business experience, personal experience, and education, such that the members shall exist as a true independent citizens commission.
(c) No member of the commission shall hold any other public office or public employment. No member shall be a lobbyist as such term is defined by general law. The members of the commission shall receive no salary for their service on the commission but may be reim bursed as provided by law for expenses incurred in the service of the commission.
Paragraph III. Manner of fixing compensation, (a) The commission shall no later than December 31 of 1998 and each subsequent even-numbered year thereafter fix the salaries and per diem committed to its jurisdiction under Paragraph I of this section; provided, however, that the commission shall report the salaries to the Governor and the General Assembly in writing on the first day of the first regular session of the General Assembly in odd-numbered years. The salaries so fixed by the commission shall become effective unless within the first 20 days of the first regular session of the biennium both houses of the General Assembly reject such action of the commission by an Act of the General Assembly adopted by a majority of the members elected to each house. The presiding officers shall call such proposed Act for a vote on the floor of each chamber within the first 20 legislative days of the first year of the biennium. The Governor may only veto such Act of the General Assembly rejecting the commission's actions within ten legislative days of its adoption. In such event, the General Assembly may still reject the commission's action by overriding the Governor's veto within ten legislative days thereof by a two-thirds' vote of both houses of the General Assembly. This section, however, shall not prohibit laws and other actions affecting the reimbursement of actual expenses incurred in public service by officers whose compensation is subject to the jurisdiction of the commission or laws and other actions defining retirement benefits, insurance benefits, and other employment benefits to be pro vided to such officers.
(b) The commission shall biennially make a study of the compensation currently being paid by the state to the officers whose compensation is subject to its jurisdiction, and the com mission shall compare such compensation with that currently being received by officers and employees serving in comparable positions with the federal government, this state, other states, and local governments and in industry, business, and the professions. The members of the commission shall be guided in setting the salaries by the levels of compensation that will attract and maintain qualified individuals in public service, as well as by the fact that public salaries must be financed through tax dollars paid by the state's citizens and busi nesses. The compensation fixed by the commission shall be based upon such study and on the principles stated in this subparagraph.
Paragraph IV. Enactment of laws. Except as specifically provided otherwise in subpara graph (a) of Paragraph III of this section, the General Assembly may enact general laws providing for the administration of the affairs of the commission and other general laws in aid of this section. The General Assembly may from time to time provide for other public officers' compensation to be fixed by the commission and may likewise from time to time

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withdraw any such other public officers' compensation from the jurisdiction of the commis sion, but the General Assembly shall not withdraw from the jurisdiction of the commission the compensation of the officers specifically provided for in Paragraph 1 of this section.
SECTION 2.
Article III, Section IV of the Constitution is amended by striking Paragraph VI and in serting in its place a new Paragraph VI to read as follows:
"Paragraph VI. Salaries. The members of the General Assembly shall receive such sal ary and per diem allowance as shall be provided for by law, piuvided lhal nu muiease iii
saltuj' sli till Occuuit; cllcuLivc ^jnui Lu Llic cuil ul Lilt? Lciui ULii~iii^ wliicli siiuii ulitiiigc is
in Article TV, Section VIII of this Constitution and may receive employment bene fits and be reimbursed for actual expenses as provided by law."
SECTION 3.
Article IV, Section VII of the Constitution is amended by striking Paragraph I and in serting in its place a new Paragraph I to read as follows:
"Paragraph I. Qualifications, compensation, and removal from office. The qualifications; cumpmisaliun, and removal from office of members of constitutional boards and commis sions provided for in this article shall be as provided by law. The compensation of mem bers of constitutional boards and commissions provided for in this article shall be as provided for in Section VIII of this article for those boards and commissions subject to the Georgia Citizens Commission on Compensation of Public Officials and otherwise shall be as provided by law."
SECTION 4.
Article V, Section I of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows:
"Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. Persons holding the office of Governor may succeed themselves for one four-year term of office. Persons who have held the office of Governor and have suc ceeded themselves as hereinbefore provided shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided by law in Article FV, Section VIII of this Constitution."
SECTION 5.
Article V, Section I of the Constitution is further amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:
"Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such execu tive duties as prescribed by the Governor and as may be prescribed by law not inconsis tent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law in Article IV, Section VIII of this Constitution."
SECTION 6.
Article VI, Section VII of the Constitution is amended by striking Paragraph V and in serting in its place a new Paragraph V to read as follows:
"Paragraph V. Compensation and allowances ofjudges. All judges shall receive compen sation and allowances as provided by law, except that the compensation of the Justices of the Supreme Court, the Judges of the Court of Appeals, and superior court judges shall

FRIDAY, MARCH 28, 1997

2399

be fixed as provided in Article IV, Section VIII of this Constitution. , cumity County supplements are hereby continued and may be granted or changed by the General Assembly. County governing authorities which had the authority on June 30, 1983, to make county supplements shall continue to have such authority under this Constitution. An incumbent's salary, allowance, or supplement shall not be decreased during the in cumbent's term of office."

SECTION 7.

Article VI, Section VIII, Paragraph I of the Constitution is amended by striking subparagraph (c) and inserting in lieu thereof the following:
"(c) The district attorneys shall receive such compensation and allowances as provided by taw in Article IV, Section VIII of this Constitution and shall be entitled to receive such local supplements to their compensation and allowances as may be provided by law."

SECTION 8.

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 a Georgia Citizens ) NO Commission on Compensation of Public Officials and to remove from the
General Assembly the authority to fix the compensation of the Governor, the Lieutenant Governor, the members and officers of the General Assembly, the members of the Public Service Commission, the members of the State Board of Pardons and Paroles, the constitutional officers elected state wide, the su perior court judges, and the district attorneys and to place such authority in the commission, with the action of the commission subject to rejection by both houses of the General Assembly?"
All person 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 and shall take effect as provided in Article X, Section I, Paragraph VI of the Constitution.'"
Senator Perdue of the 18th moved that the Senate agree to the House amendment to the Senate amendment to HR 296.
On the motion, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Abernathy Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Cagle Cheeks Crotts Dean Egan Fort Griffin

Harbison Henson Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable

Middleton Oliver Perdue Ragan Roberts Scott Starr Stokes Taylor Thomas of 54th Turner Tysinger Walker

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Balfour Burton Clay Glanton Gochenour

Guhl Johnson of 1st Price of 28th Price of 56th

Those not voting were Senators:

Gillis (excused)

Streat (excused)

Ralston Ray Tanksley Thompson
Thomas of 10th (excused)

On the motion, the yeas were 40, nays 13; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HR 296.
The following communication was received by the Secretary:
THE STATE SENATE
Atlanta, Georgia 30334 March 28, 1997

Mr. Frank Eldridge Senate Secretary 18 Capitol Square Atlanta, GA

Dear Mr. Eldridge:
Today, March 28, 1997 I missed voting on HR 296. Please let the journal reflect a yes vote for me.
I remain,
Sincerely yours, Isi Nadine Thomas
State Senator
The following resolutions were read and adopted:

SR 455. By Senator Dean of the 31st: A resolution commending Mr. Edward Dickey.

SR 457. By Senator Clay of the 37th:
A resolution commending and honoring Richard L. Hillman and the Glover Machine Works of Marietta, Georgia.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments, to the House amendments, to the following hills of the Senate:
SB 143. By Senators Land of the 16th, Broun of the 46th, Cheeks of the 23rd and others:
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

FRIDAY, MARCH 28, 1997

2401

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.
SB 397. By Senator Boshears of the 6th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, as amended, so as to provide for a vacancy in the office of chairperson; to provide for additional compensation for the acting chairperson; to require the commis sioners to give bond conditioned on the faithful discharge of the duties of the county commissioners; to provide for the payment for such bonds.
The House has agreed to the Senate amendments, to the House substitutes, to the following bills of the Senate:
SB 48. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the hiring out of inmates and the sale of products produced by in mates, so as to provide that any private person, organization, or corporation with whom the commissioner of corrections has contracted may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the Board of Corrections.
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.
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.
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.
SB 254. By Senators Walker of the 22nd, Madden of the 47th, Abernathy of the 38th 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.

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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.
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.
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.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 111. By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs; to provide for penalties relating to flunitrazepam.
HB 193. By Representative Johnson of the 84th:
A bill to amend Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability of a parent or person in loco parentis for the willful or mali cious acts of a minor child or children, so as to provide for liability for the willful or malicious acts of a minor child or children resulting in personal injury to another person.
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 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

FRIDAY, MARCH 28, 1997

2403

change a provision relating to inheritance of a child born out of wedlock through the child's father.
HB 383. By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to eligibility for and exceptions from free public education, so as to pro vide for the state to reimburse local units of administration for reasonable attor neys' fees incurred in actions relating to the education of a child residing in a state facility.
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 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 572. By Representative Teper of the 61st:
A bill to amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to damages, so as to provide for removing the limitation on punitive damages for tort cases involving the in fluence of intoxicating or toxic agents on the defendant or for defendants meet ing specified criteria as to intent, knowledge, or constructive knowledge.
The House has agreed to the Senate substitute to the following resolution 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.
The House has agreed to the Senate amendments to the following bills of the House:
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 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.

2404

JOURNAL OF THE SENATE

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 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.
The House has agreed to the Senate amendments to the following resolutions 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 326. By Representatives Banner of the 159th, Dixon of the 150th and Bordeaux of the 151st:
A resolution creating the Joint Coastal Ground-water Resources Study Commit tee.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 401. By Senator Ralston of the 51st:
A bill to provide a new charter for the Town of Talking Rock; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacan cies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations.
SB 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.
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-

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,

FRIDAY, MARCH 28, 1997

2405

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.
SB 278. By Senators Kemp of the 3rd, Thompson of the 33rd, Clay of the 37th and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to definitions.
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.
SB 1. By Senators Ray of the 48th, Balfour of the 9th, Oliver of the 42nd and others:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to litigation costs and attorney's fees assessed for frivolous actions and defenses, so as to provide for the assessment and award of attorney's fees and expenses of litigation incurred in obtaining an order of court for the payment of attorney's fees and expenses of litigation.
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.
SB 297. By Senators Hooks of the 14th, Walker of the 22nd, Perdue of the 18th and others:
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 House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 253. By Senator Streat of the 19th:
A resolution designating the Thomas Kirkland Bridge.
SR 305. By Senator Thompson of the 33rd:
A resolution honoring the late Walter H. Buce and designating the bridge carry ing Mableton Parkway (State Route 139) over the Chattahoochee River at the Cobb County-Fulton County line as the "Walter H. Buce Memorial Bridge".

2406

JOURNAL OF THE SENATE

SR 304. By Senator Thompson of the 33rd:
A resolution honoring the late L.G. Landers and designating the bridge separat ing Austell Road and Maxim Road (State Route 5) in the City of Austell as the "L.G. Landers Memorial Bridge".
SR 159. By Senators Kemp of the 3rd, Taylor of the 12th, Hooks of the 14th 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 House has adopted the report of the Committee of Conference on the following bills of the House:
HB 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County.
HB 663. By Representatives Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and others:
A bill to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for designa tion of state enterprise zones.
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.
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 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.
HB 104. By Representative Davis of the 60th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers.

FRIDAY, MARCH 28, 1997

2407

HB 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission.
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 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.
The House has adopted the report of the Committee of Conference on the following bills of the Senate:
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.
SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and others:
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 definition of the term "criminal offense against a victim who is a minor" to in clude federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions.
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.

2408

JOURNAL OF THE SENATE

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 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.
SB 91. By Senators Gillis of the 20th, Marable of the 52nd, Henson of the 55th and others:
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.
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.
The following resolution was read and adopted: H.R. No. 718 By: Representative Murphy of the 18th
A RESOLUTION
Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn sine die at midnight on Friday, March 28, 1997.
Pursuant to the provisions in HR 718, the President announced the Senate adjourned sine die at 11:56 p.m., on March 28, 1997.

INDEX

2409

Senate Journal Index
1997 Regular Session

INDEX

2411

PARTI

SENATE BILLS AND RESOLUTIONS

SB 1--Civil Actions; frivolous actions; award of litigation expenses.

39, 98,

109, 122, 123, 131, 141, 147, 2405

SB 2--Driver's Licenses and ID cards; repeal fingerprinting requirement.

199,

914, 953, 1024, 1047, 1050

SB 3--Inmates; costs of incarceration; reimbursement to state.

19

SB 4--Felony Criminal Offenders; not eligible parole or reduced sentence.

19

SB

5--Sexually Violent Predators, Child Molesters; chemical castration.

19

SB 6--Objects Packaged to Look Like Drug Pharaphernalia; prohibited

sales. ...... ..................................................... 19

SB 7--Drugs; accusation of illegal activity; declare property a nuisance.

19,

156, 186, 230, 242

SB 8--Sport Shooting Ranges; noise control; when actions against limited.

20,

98, 109, 122, 123, 300, 1244

SB 9--Richmond County; Board of Commissioners; tie votes; chairperson-

mayor. ............................................... ...... 20

SB 10--Richmond County; boards, commissions; appointment.

20, 344, 361

SB 11--Augusta-Richmond County Coliseum Authority; membership;

appointment. ...... ........ ............................ .... 20

SB 12--Business and Industry Recruitment; specific identity protected.

20

SB 13--Securities Dealers; certain split commissions not unethical.

20

SB 14--Gaming Equipment Manufacturers, Processors; legal authority.

21,

184, 205, 259, 311, 319, 1463

SB 15--Rape and Aggravated Sodomy; minimum mandatory term of

imprisonment. ... .................... ......... . 21, 58, 73, 84, 85

SB 16--Plains High School; Official State School designation.

21, 109, 120,

141, 142, 1853

SB 17--Drivers 16 Years Old; new provisional Class D license; restrictions.

21,

109, 120, 142, 158, 165, 177

SB 18--Juvenile Felons; Rehabilitation Training Camps; establishment.

21,

205, 229, 272, 273

SB 19--Waste-water Discharge; sewer connections moratorium; exempt certain

publicly funded facilities.

21, 184, 205, 258, 259

SB 20--Nurses, Physician Assistants; authority to possess certain drugs.

22,

98, 109, 122, 123

SB 21--Historic Landmarks; school facilities; use of capital outlay funds.

22,

469, 498, 642, 683, 1380

SB 22--Mobile New Health Services; certificate of need exemption.

22

SB 23--Inmate Parole Considerations; citizen input; electronic call system.

22

SB 24--Adoptions; special needs children; financial aid to families.

22

SB 25--State School Superintendent; qualifications.

22, 156, 186, 797, 798,

920, 921, 922, 943, 956, 1025, 1051, 1054, 1820, 1841, 1842,

2256, 2266, 2270

SB 26--Paternity Proceedings; legitimacy cases; records; adoption; support.

23,

255, 270, 311, 314, 1464, 2327, 2330

2412

JOURNAL OF THE SENATE

SB 27--Adoption Proceedings; termination of parental rights; child

placementaffidavit.

23, 255, 270,

311, 326, 1464

SB 28--Adoption Proceedings; locating biological fathers; deceased parent.

23,

60, 269, 309, 363, 441, 1464, 2179

SB 29--Teachers, Food Service, Bus Drivers; decrease in salary supplements. 23

SB 30--Volunteer Fire Departments Consolidating Into Nonprofit Corporation. 23,

309, 344, 363, 456

SB 31--DUI; nonresident offender; increase fine in lieu community service.

24,

98, 109, 122, 125

SB 32--Counties; employment benefits; prohibit in lieu cash compensation.

24

SB 33--Merit System Personnel; dismissal procedures; administrative hearing

officers; records relevant child related employment. 24, 1014, 1072, 1128,

1197, 1920, 2082, 2087

SB 34--Appeals; Superior Court decisions in workers' compensation cases.

24

SB 35--State Courts; orders for deferred partial payments on judgments.

24,

58, 73, 84, 85

SB 36--Attempted Suicide; emergency nonconsensual medical treatment.

24,

98, 109, 122, 126

SB 37--Incapacitated Adults; emergency guardians; out of state evaluation.

24,

58, 73, 84, 87

SB 38--Driver's License; drivers under age 18; educational requirements.

25,

119, 138, 189, 192

SB 39--Sex Offenders; register residency; inform local school officials.

25,

730, 793, 1025, 1056

SB 40--Libraries; school and public; restrict harmful materials to minors.

25

SB 41--Prescribed Courses; home economics may include parenting

education.

25, 156, 186, 208, 211, 230, 241

SB 42--Insurance to Cover Liability for Damages; government owned

vehicles. ................................................... ...... 25

SB 43--Voter Identification; valid documents; present at polling place.

26,

309, 344

SB 44--Medicaid Providers Committing Certain Offenses; bar participation.

26,

119, 138, 189, 194

SB 45--Insurers; discriminating against certain communities prohibited.

26

SB 46--Sentencing; probationers; misdemeanors involving injury or threats. 26,

97, 109, 122, 128

SB 47--Evidence; admissible; certified records; Department of

Corrections. ............... ......................... 26, 58, 73, 84, 88

SB 48--State Prisons; private management contractors; use of penal labor.

27,

58, 73, 84, 89, 1928, 2016, 2018, 2401

SB 49--Richmond County; Commission-Council; voting member; chairperson-

mayor.

... ............................................. 39

SB 50--After-school Activity Program for Middle School Age Children.

39,

109, 120, 142, 189, 194, 1244, 1914, 1915, 2174, 2202, 2255, 2260, 2408

SB 51--Public School Language Instruction; prohibit teaching of Ebonics.

39,

109, 120, 142, 230, 234

SB 52--Alcoholic Beverages; distilled spirits, wines; advertising prices.

40,

268, 309, 475, 511, 521, 523, 531, 539

SB 53--Law Enforcement Officers Engaging in Political Activities.

40

SB 54--Mastectomy Patient Care Act; health insurers required coverage.

40

SB 55--Diabetes; outpatient self-management services; insurance coverage.

40

SB 56--Capital Felony Prosecutions; county expenses; reimbursement.

40,

952, 1017, 1075, 1080

SB 57--Privatization Proposed by Executive Branch; notify certain officials.

41,

309, 344, 363, 450, 1381, 1795

INDEX

2413

SB 58--Child Support; out-of-wedlock births; Fatherhood Responsibility Act. 41,

270, 309, 363, 457

SB 59--Reduction in Force by State Agencies Eliminating Positions; notices. 41,

358, 472, 540, 557, 1549

SB 60--Teachers; grades K-2; maximum number of students who may be

taught.

.............. ........ 41

SB 61--DUI; eliminate plea of nolo contendere to DUI charges.

41, 470,

498, 703, 710

SB 62--Adult Bookstores or Movie Houses; restrict location certain areas.

41,

268, 309, 346, 363, 367, 2318, 2334, 2336, 2401

SB 63--License Plates; special; promote recycling; solid waste trust fund.

42,

953, 1017, 1076, 1111

SB 64--Jurors; peremptory challenges; allow state same number as accused.

42

SB 65--Acupuncturists and Detox Specialists; licensure; registration.

42

SB 66--DUI; violations; drivers under age 21 .02 grams or more; testing.

42

SB 67--Crimes Against Family Members Act of 1997; increased penalties.

42,

269, 309, 346, 363, 368

SB 68--Georgia Youthbuild Employment Skills Training Program; establish. 54,

308, 344, 363, 455

SB 69--County, Municipal Probation Supervision Services; private providers. 54,

109, 120, 142, 143, 1381, 1856, 1858

SB 70--Charter Schools Act of 1997; student learning improvement plans.

54,

469, 498, 575, 599

SB 71--Child Custody; evidence of abuse; supervised parent visitation.

54

SB 72--Civil Cases; notice of appeal; motion for supersedeas; filing.

55

SB 73--Child Custody Issues; appeals; expedited consideration by court.

55

SB 74--Child Custody Disputes Alleging Abuse; juvenile court jurisdiction.

55

SB 75--Child Protection Issues; specialized training for judges.

55

SB 76--Public Property Not Needed for Road Purposes Pursuant to Court

Order. .........

.................... 55

SB 77--Stone Mountain Judicial Circuit; superior court; tenth judgeship.

55,

572, 613, 642, 691

SB 78--Court of Appeals; composition; increase to 13 judges, 4 divisions.

56,

309, 344, 363, 453

SB 79--Teachers Retirement; creditable service; forfeited leave.

56

SB 80--Drug Dealer Liability Act; enact.

56, 183, 205, 311, 323, 1381, 2221

SB 81--State Regulated Practice or Business; waiver of rules, regulations.

56,

185, 205, 346, 347, 1987, 2142, 2144

SB 82--DUI Convictions; placement of red stripe or words "CONVICTED

DUI".

56, 184, 205, 1025, 1059, 1060, 1076, 1103

SB 83--Speedy Trial Victim's Rights Act; vehicular homicide and DUI.

56,

638, 699, 734, 736

SB 84--Civil Practice; actions for wrongful death; time limitation.

57

SB 85--Scholastic Aptitude Test, SAT Review; test-taking skills course. ... 57,

109, 120, 142, 143

SB 86--Motorcycle Operators; safety training; age required to wear headgear. 57

SB 87--Administrative Procedure Act; exempt Technical and Adult Education

Department.

70, 109, 120, 142, 144, 1381

SB 88--DUI Violation; drivers under age 18; license suspended 12 months.

70

SB 89--Negligence; parent liability; malicious property damage by a minor.

70,

119, 138, 189, 197

SB 90--Crime Victim Compensation; victims of violence outside the state.

71,

269, 309, 363, 460, 1244, 2206

SB 91--State Personnel Board; health insurance plans; contract with County

Officers Association of Georgia, Sheriffs' Retirement Fund.

71, 344,

359, 511, 525, 528, 1463, 1562, 1851, 1855, 2022, 2238, 2408

2414

JOURNAL OF THE SENATE

SB 92--Student Code of Conduct; acts punishable by expulsion, suspension.

71,

730, 793, 957, 998, 1003, 1076, 1096

SB 93--Health Plan Purchasing Cooperatives for Small Employers.

71,

156, 186, 208, 211, 1920, 2131, 2138, 2401

SB 94--Municipal Training Institute; change name; add members to board.

71,

120, 138, 158, 161, 1381

SB 95--State Depositories; foreign banks; restrictions.

72, 183, 205, 702,

704, 1380

SB 96--Perishable Foods Sold at Retail; labeled expiration date.

72

SB 97--Educational Programs Targeting At-Risk Students; additional grants. 72

SB 98--Solid Waste Management; long-term reduction goals.

72

SB 99--Mental Health Involuntary Treatment Emergency Evaluation

Orders.

76, 308, 344, 475, 511, 519

SB 100--Felony Criminal Offenders Shall Serve Full Sentence Without Parole. 77

SB 101--County, Municipal; contracts; grants; job training program funding.

77,

157, 186, 208, 218, 1920

SB 102--Agriculture Commissioner; subpoena powers; records of licensees.

77,

108, 120, 142, 145, 158, 189

SB 103--Georgia Electronic Records and Signatures Act; enact.

77, 184,

205, 230, 238, 1320, 1411

SB 104--TANF, Temporary Assistance for Needy Family Act; enact.

77, 269,

309, 475, 485, 2334, 2347, 2359

SB 105--Sexually Violent Predators; state registration program; criminal acts against

a minor; federal Megan's Law.

78, 269, 309, 363, 452, 1320, 1335,

1338, 1641, 1703, 1704, 1774, 2097, 2102, 2407

SB 106--Mandatory School Attendance Age; change from age 16 to 17 years.

78,

789, 914, 957, 1024, 1032

SB 107--Telemedicine; out-of-state or foreign physicians; licensure.

78, 119,

138, 158, 164, 1319, 1358, 1360

SB 108--Teachers Retirement; creditable service; U.S. Defense Department.

78

SB 109--Employees Retirement; creditable service; military service; teachers

employed by U.S Defense Department.

78

SB 110--DUI; additional fines for Brain and Spinal Injury Trust Fund.

79,

204, 229, 259, 272, 284

SB 111--Alcoholic Beverages; distilled spirits; dealer licenses; residency.

79,

204, 229, 346, 362, 365

SB 112--Municipal Elections; notice of candidacy; change filing day.

79

SB 113--Municipal Election Districts; reapportionment; additional changes.

79,

791, 914, 958, 1024, 1038, 2294, 2306

SB 114--Jurors; misdemeanor, felony trials; number of peremptory challenges; size of

jury panels.

79, 470, 498, 539, 545

SB 115--License Plates, Decals; issue to owners; transfers between vehicles.

80

SB 116--Travel Lanes; alternative fueled vehicles; special license plates.

80,

185, 205, 272, 299, 1319

SB 117--Indemnification of State DOT Highway Employees Killed or

Disabled.

80, 270, 309, 363, 454

SB 118--Rail Passenger Authority; projects; public transportation facilities.

80,

185, 205, 363, 440, 1245, 2252

SB 119--State Depository Board; additional member; voting restrictions.

80,

183, 205, 641, 681, 1462

SB 120--Transportation Department; negotiated contracts of $50,000 or

more.

80, 185, 205, 311, 318, 1319

SB 121--Traffic Regulations; construction speed zones; central turn lanes.

81,

185, 205, 363, 440, 1493, 2216

SB 122--Designation or Naming of Roads and Bridges; State DOT Board

powers.

81, 185, 205

INDEX

2415

SB 123--Abortion; prohibited medical procedure; partial-birth abortion.

81, 84

SB 124--Certificate of Need; exemption; institutions practicing treatment by spiritual

means. ............... ............... ...

................ 81

SB 125--Municipal Courts; failure pay costs, fines; writ of fieri facias.

81, 185,

205, 642, 691

SB 126--Professional Employer Organizations; employee staffing; licensure.

81

SB 127--Disabled Adults and Elder Persons Protection Act.

91, 269,

309, 540, 549, 1852, 2168

SB 128--Firemen's Pension Fund; membership; expand eligible fire fighters.

91

SB 129--Students Suspended or Expelled May Be Placed Alternative

Classroom. ........ ............

.....

. 91

SB 130--Public Utilities; violations; maximum penalties recoverable by PSC.

91,

183, 205, 957, 1024, 1027, 1921

SB 131--State Depositories; securing public funds; collateralization.

91, 183,

205, 259, 272, 279, 1462

SB 132--Juvenile Justice Act of 1997; enact.

92, 184, 205, 272, 286, 1921, 2229

SB 133--Georgia Court-connected Alternative Dispute Resolution Act; enact.

92,

184, 205, 230, 244, 1929, 2126, 2130

SB 134--County Law Libraries; funding; maintain ordinance code; trustees.

92,

205, 229, 272, 295

SB 135--State Agencies; records disclosure; privacy of personal information.

92

SB 136--Counties of 180,000 or More; county administrators; appointment.

92,

156, 186, 208, 219

SB 137--Ad Valorem Tax Digests; completion by July I; taxpayer appeals

date. ................ ....

...... 93, 119, 138, 158, 161, 189

SB 138--Hospital Staff Privileges; podiatrists, osteopaths, dentists. . .

93, 308,

344, 363, 438

SB 139--Medicaid Patients; prescription drug services; change restrictions.

93,

308, 344, 511, 528

SB 140--Peace Officers; indictment for a crime; procedures; rights.

93, 498,

536, 616, 624, 2404

SB 141--Public Safety Department; discipline and dismissal procedures.

93,

952, 1017, 1076, 1101, 1928

SB 142--Sheriffs; qualifications for office; mandatory drug test; training. .

93,

500, 611, 638

SB 143--Land Bank Authorities; creation by consolidated governments.

94,

119, 138, 189, 198, 1465, 1998, 2400

SB 144--Sales of Alcoholic Beverages; hotel in-room guest services.

. . 94, 108,

120, 142, 145, 146, 158, 341

SB 145--Pedestrian Walkways and Bicycle Facilities; include as DOT projects. 94,

613, 638, 703, 734, 738

SB 146--Stone Mountain Park; natural districts; restrict changes, use of.

... 94,

610, 638, 703, 716, 1853

SB 147--Land Surveyors; damage actions against; 7-year period of limitation. 94,

184, 205, 230, 246

SB 148--Unemployment Compensation; succeeding employer contributions; benefits

held for overissued food stamp coupons.

94, 156, 186,

540, 555, 2221, 2235

SB 149--Elections; Nomination of Candidates by Petition; signatures required. 95

SB 150--Silver-Haired Legislature; meetings, funding, personnel.

95, 157,

186, 208, 219, 2315, 2317

SB 151--Silver-Haired Legislature Fund; establish; tax refund donations.

95

SB 152--Richmond County; ad valorem; exemption for disabled residents.

95,

138, 140, 1380

SB 153--Abortion; Woman's Right to Know Act.

.......... 95, 101

2416

JOURNAL OF THE SENATE

SB 154--Banking and Finance; regulations; directors; conversions, mergers; internet

banking; ATMs; mortgage brokers; check cashers.

........... 96, 183,

205, 641, 642, 661, 1493, 1796

SB 155--Workers' Compensation; insureds with drug-free workplace

programs. ....... ....... .........

96, 269, 309, 346, 363, 433

SB 156--Corrections Department; educational programs; re-employ teachers. 104

SB 157--Juvenile Court Records Proving Similar Criminal Acts; evidence.

104

SB 158--Sexual Offenses; prostitution; vehicles used shall be forfeited.

105,

183, 205, 259, 272

SB 159--Abuse of a Vulnerable Adult or Elder Person; warrantless arrests.

105,

255, 270, 311, 322

SB 160--Family Violence; petitions for relief involving nonresidents; venue.

105

SB 161--School Safety; students convicted any felony; discipline procedures.

105,

730, 793, 957, 982

SB 162--Serious Violent Felony Offenders Must Serve 85% of Sentence.

105

SB 163--Medical Care Savings Account and Trust Act. . . .

106

SB 164--Driver's License; applicant fingerprinting; delete requirements.

106

SB 165--Sewage Treatment; on-site systems, septic tanks; regulations.

106,

470, 498, 575, 616, 619, 1320, 1368, 1785

SB 166--Workers' Compensation; self-insured employers; solvency; security.

106,

156, 186, 272, 298

SB 167--Rental Motor Vehicle Agreements; collision damage

waivers.

106, 611, 638

SB 168--Georgia Military Pension Fund; creation.

107

SB 169--Montgomery County; Board of Commissioners; vacancies. .

107, 185,

187, 262

SB 170--DeKalb County; DeKalb County State Court; additional judge.

107,

138, 141, 566

SB 171--Family Violence; cases involving nonresidents; unlawful disclose shelter

location; state commission administration. 107, 730, 793, 921, 932, 1462

SB 172--State Properties Commission; add Secretary of State as member.

114,

185, 205, 1075, 1076

SB 173--Bombs, Explosives Disposal; technicians; rendering of outside aid.

115,

184, 205, 346, 363, 435, 1462

SB 174--Public Environmental Enforcement Act of 1997.

115

SB 175--Mortgages; realty as security; home equity lines of credit.

115, 183,

205, 346, 352, 1319, 1816

SB 176--Child Care Facilities; prohibit employment of certain persons. . 115,

205, 229, 259, 272, 276, 1320, 1354

SB 177--Ethics; General Assembly members; prohibit accept lobbyists gifts.

115

SB 178--Civil War Historic Sites Acquisition and Preservation Program.

116,

183, 205, 230, 235

SB 179--Guardianships; incapacitated adults; evaluation of a proposed ward. 116,

139, 612, 638, 703, 718

SB 180--Guardians of Minors; dissolution of appointed temporary guardians. 116,

140

SB 181--Guardians of Incapacitated Adults; protection of ward's rights.

116,

140, 185, 205, 475, 511, 517

SB 182--Guardianships of Incapacitated Adults; powers, duties, liability.

116,

790, 914, 957, 963, 2295, 2305

SB 183--Power of Attorney; clarify when agent's authority terminates.

116,

611, 638, 703, 709

SB 184--Durable Power of Attorney for Health Care; appointment of a

guardian.

.......... . . 117, 140, 185, 205, 346, 363, 436

SB 185--Depositions; court reporters; disqualification for interest waiver. ...... 117,

730, 793

INDEX

2417

SB 186--Health Insurers; discriminatory acts; victims of violence or abuse. . 117

SB 187--Child Custody; joint legal and physical custody parenting plan. . . . . 117,

572, 613, 1128, 1209

SB 188--Child Custody; parenting time rights; presumption of equal access.

117

SB 189--Gwinnett County; Magistrate Court; office of chief magistrate;

qualifications.

.......... . . . . . ........... 117, 185, 187, 1063

SB 190--Firearms Protection for Minors; loaded guns; negligent storage.

118

SB 191--Recycling, Litter Reduction; beverage container deposit-redemption.

118

SB 192--QBE; local fair share funds; 3-year increase in student FTE count.

133

SB 193--QBE; local fair share formula; alternative method of calculating.

133

SB 194--QBE; midterm adjustment amount; personnel training and

experience.

............... . . .

133

SB 195--AFDC Benefits; require name child's father on birth certificate.

133

SB 196--Used Motor Vehicle Dealers; security interest; disclose to purchaser. 134,

204, 229, 272, 292

SB 197--General Assembly; fiscal affairs subcommittees; budget transfers.

134

SB 198--License Plates; special; retention by retired military reservists.

134,

914, 953, 1025, 1062

SB 199--False ID Cards; sales to minor or illegal alien; increased penalty.

134,

255, 270, 346, 362, 364

SB 200--Peace Officers; state and local; training; appropriation of funds.

134,

269, 309, 346, 347

SB 201--Pardons and Paroles Board; votes cast by members; public

inspection.

134, 255, 270

SB 202--Child Welfare Agency Laws; health, safety regulations; violations. . 135

SB 203--Open Alcoholic Beverage Containers; driver and passenger

prohibited.

135, 1017, 1072, 1128, 1205

SB 204--Elections; primaries to nominate candidates; change the dates. . . . . 135

SB 205--Offenses of Battery Against a Female Who is Pregnant;

punishment.

.

135, 255, 270, 311, 318, 2332, 2361

SB 206--Alcoholic Beverages; possession by person under age 21;

punishment.

135, 358, 472, 540, 560

SB 207--Health Insurance Benefit Bills; prerequisite for introduction. ...... 135,

470, 498

SB 208--Controlled Stimulant Drugs; phenylpropanolamine; prohibited sales. . 136,

255, 270, 311, 324

SB 209--Patient's Seeking Emergency Care; insurance coverage.

151, 470,

498, 616, 626, 1319, 1785, 1844, 1858, 2041, 2262, 2407

SB 210--Office of Senior Court Reporter; provide for. .................... 151, 206

SB 211--Insurance; health; Managed Care Responsibility Act of 1997

152

SB 212--Building Permits; protective codes, standards; resolving conflicts.

152,

469, 498, 703, 713

SB 213--Torts; landowners; questions of negligence for hazardous conditions. . 152,

572, 613, 734, 742

SB 214--Chiropractors; determination of treatment needs; patient referrals. . .. 152,

268, 309, 363, 439, 1464, 2088

SB 215--Natural Gas Competition and Deregulation Act; enact.

179, 497,

536, 575, 582, 1494, 2102, 2121

SB 216--Abortion, Sterilization Procedures; Woman's Right to Know Act. 179, 189

SB 217--Wages; unclaimed payroll checks; disposition; revert to issuer.

179,

270, 309, 475, 511, 524

SB 218--Consumer Credit Reporting Agencies; violations; deceptive practices. . 179,

204, 229, 272, 293

SB 219--Hospital Staff Privileges; prohibit deny on basic license, specialty. . . 179,

497, 536, 575, 641, 682, 1903, 2199, 2401

2418

JOURNAL OF THE SENATE

SB 220--Hospital Authorities; business transactions; financial disclosure.

180,

638, 699, 957, 990, 995

SB 221--Coweta County; Board of Commissioners; chairperson election; member

compensation. . . . . ........... ..................... 180, 255, 257, 354

SB 222--Child Care Facilities; shopping malls, office complexes; licensure.

180,

497, 536

SB 223--Rental Property; premises repaired by tenant; deduct from rent due. 180

SB 224--Private Passenger Automobile Insurance; medical payment

coverage. . .......... ......................... 180, 611, 638, 957, 971

SB 225--Motor Vehicle Repairs; unlawful practices; customer protections.

180

SB 226--Vandalism to a Place of Worship Causing Injuries; penalty.

181,

730, 793, 921, 927

SB 227--Criminal Acts Involving Bombs, Explosives; sentencing; punishment.

181, 790, 914, 957, 988, 2404

SB 228--Georgia Physical Therapy Act; change provisions. .............. 200, 469,

498, 575, 616, 623, 1463, 1999, 2007

SB 229--Public Works Contracts; bids; requirements; emergency situations.

200

SB 230--Property; rebuttable presumption of a gift by the parent to child.

200,

358, 472, 575, 616, 618

SB 231--Child Support; orders; life insurance; amount of the premium.

200,

359, 472, 540, 559

SB 232--Baldwin County; State Court; solicitor-general; compensation

200, 255,

257, 1318

SB 233--Putnam County; Magistrate Court; chief magistrates; nonpartisan

election.

200, 255, 257, 354

SB 234--Hancock County; Magistrate Court; chief magistrate; nonpartisan

election. .........................

........... 201, 255, 258, 907

SB 235--Jasper County; Magistrate Court; chief magistrates; nonpartisan

election

....... .................. 201, 255, 258, 1244, 1395

SB 236--State School Superintendent; qualifications; repeal provisions.

201

SB 237--Emergency Telephone 911 System Funds; authorized

disbursements. ............................. . 201, 469, 498, 703, 715

SB 238--Radiology; independent diagnostic services; Medicaid enrollment.

201

SB 239--Motor Vehicle Title Pawn Transactions; excessive interest and fees. 202

SB 240--Civil Damages for Injuries; deny or limit certain drivers recover.

202

SB 241--Driver's License; persons under age 18; require driver education.

202

SB 242--Pardons and Paroles, State Board; citizen inquiry; electronic calls.

224,

469, 498, 539, 546, 2294, 2315

SB 243--Discrimination of or Preferential Treatment to Any Person

Prohibited.

..........................

............ 224

SB 244--Foster Care Home Parents, Other Residents; criminal records check. 225,

611, 638, 797, 901

SB 245--Mental Disorders; prohibit health insurers impose treatment limits. 225,

497, 536, 575

SB 246--Franchise Businesses; marketing and contract rights.

225

SB 247--Public Gatherings; clarify carrying of firearms by licensed persons.

249,

359, 472, 575, 616, 617, 1928, 2270

SB 248--Election Campaign Expenditure Limitations; General Assembly

members.

..................................... 249

SB 249--Abandoned Motor Vehicles; removal, storage costs; foreclosure.

250,

793, 914, 957, 1024, 1026

SB 250--Senatorial Districts 48 and 56; change descriptions.

250, 359,

472, 540, 560

SB 251--Annexation of Commercial Property by a Municipality;

requirements. .......... .

............................ 250

INDEX

2419

SB 252--Drinking Water Standards; privately-owned public water systems.

250,

269, 309, 475, 511, 523

SB 253--Jurors; grand, trial; compilation of jury lists; minimum standards.

250

SB 254--Patient Access to Eye Care Act; enact.

250, 497, 536, 575,

580, 1977, 2019, 2022, 2041, 2044, 2401

SB 255--State Purchasing; recycled paper products; reduce paper usage.

251

SB 256--Bond Elections; date of November general election; exception.

251

SB 257--Public Works Projects; contractors; prohibit employ illegal aliens.

251

SB 258--Inmates; offenses committed confines of a

correctional facility.

264, 469, 498, 539, 547, 2404

SB 259--Private Schools; public tuition assistance grants; school choice.

264

SB 260--Market Based Medicaid Reform Act.

264

SB 261--Hospital Authorities; directors; conflicts of interest restrictions.

265,

310, 730, 793, 957, 1024, 1027

SB 262--Privatization of State Operations; employee assistance; training.

265,

612, 638, 1128, 1207, 2405

SB 263--Sports Officials; independent contractors; Workers' Compensation.

265,

470, 498, 616, 625, 1244, 2257

SB 264--Sales Tax; local special purpose taxation; referendum elections. 265, 345

SB 265--Inheritance Without a Will; decedent's heirs; spouse's inheritance.

265,

359, 472, 575, 616

SB 266--Alcoholic Beverage Licensees; sales to underage persons; penalties. 265,

572, 613

SB 267--Social Assistance Register; persons willing to help DFACs

recipients.

304, 790, 914, 957, 1024, 1029

SB 268--State Officials; candidates for office; prohibited agency mailings.

304

SB 269--Underground Gas Pipes, Utilities; proposed blasting; notification.

304,

470, 498, 734, 735, 1462

SB 270--Tax Executions; notice to owners; sales, transfer in lot blocks.

304,

638, 699, 734, 741, 1852, 2209

SB 271--Government Reorganization and Termination from Employment Reform

Act.

304, 471, 498, 539, 546, 1463, 2230

SB 272--Highways; maximum lengths, overhang; truck tractors-semitrailers. 305,

953, 1017, 1127, 1181

SB 273--Voting; identification required; verification of absentee ballots.

305,

473, 572, 613, 642, 688, 690, 1066, 1338, 1342

SB 274--Stone Mountain Park Projects; lease contracts; requirements.

305,

729, 793, 921, 923

SB 275--Residential Housing; legislation or agency rules affecting costs.

305

SB 276--Professional Malpractice Actions; require affidavit stating basis.

305,

638, 699, 734, 742, 1820, 1982, 2402

SB 277--Teachers Retirement; crediting of time; General Assembly members. 305

SB 278--Chiropractors; scope of practice; definition of 'adjustments'.

306,

472, 498, 703, 714, 2405

SB 279--Medical Care Savings Account and Trust Act. 306, 790, 914, 1024, 1044

SB 280--Insurers; medical reimbursement claims; third party settlements.

306,

358, 472, 540, 554, 1245, 2320, 2327, 2402

SB 281--Rental Property; landlords; disclose name, address, telephone

number. . . . . . ..............................................

342

SB 282--Georgia RICO Act Applicable to Certain Patterns of Criminal

Activity.

342, 471, 498, 539, 548, 1820, 2124

SB 283--Offense of Embracery; persons attempting to influence a witness.

342

SB 284--Notaries Public; certification; transfer functions to Superior Court Clerks

Cooperative Authority.

356, 572, 613, 642, 690, 1244

SB 285--Fulton County; ad valorem school tax exemption; senior citizens.

356,

536, 538

2420

JOURNAL OF THE SENATE

SB 286--Atlanta; ad valorem school tax exemption; senior citizens. 356, 612, 615

SB 287--Cosmetology; esthetics, nail care; student apprentices; instructors.

356,

1016, 1072, 1128, 1193, 2256, 2270, 2332

SB 288--Berkeley Lake, City of; corporate limits; annex certain property.

356

SB 289--Alcoholic Beverages; brewpubs; sales to dealers; brewery tours.

464,

610, 638, 709

SB 290--Georgia Lottery Corporation; employee retirement membership

option. .

................... ................ . ....... 464

SB 291--Law Enforcement Personnel Injured Line of Duty; disability

benefits. ..............................................

. 464

SB 292--Georgia Education Authority (University); member; staff; projects.

464,

790, 914, 957, 973

SB 293--School Bus Equipment; require passenger seat belts.

464

SB 294--Gwinnett County; ad valorem school tax; exempt elderly, disabled.

465,

536, 538, 1064

SB 295--Home Improvement Contract Regulation Act.

465

SB 296--Death Penalty Cases; applications for appeal; review procedures.

465

SB 297--State Programs, Functions; recommendations; department

evaluations.

465, 951, 1017, 1075, 1091, 2405

SB 298--Alcoholic Beverage Sales; minimum distance from churches, schools. 465,

788, 914, 957, 1024, 1030

SB 299--Trial Courts; continuances; number of; grounds; absence of counsel. 493,

612, 638

SB 300--Massage Therapists; create state licensing board to regulate.

493

SB 301--Local School Systems; energy cost savings measures; contracts.

493,

951. 1017, 1076, 1091, 1853, 2077, 2080

SB 302--Certificate of Title; salvaged or rebuilt vehicles; designation.

493

SB 303--State Examining Boards; fees to defray costs; releasing information. 493,

572, 613, 642, 692, 1852, 2203

SB 304--Medicaid; providers; unlawful acts and penalties; hearings, appeals. 493,

952. 1017, 1076, 1104, 1922, 2138, 2141

SB 305--Student Discipline; require uniform student dress code.

494

SB 306--Georgia Council of Court Administrators; creation.

494, 612, 638,

703, 704, 706, 1821

SB 307--Physicians; unconventional or experimental medical procedures.

494

SB 308--Medicaid; reimbursement; clinical social workers for nursing homes. 494,

610, 638, 703

SB 309--Divorce; grounds; minor children, 'children first rule'.

494

SB 310--Limousine Carriers; qualifications; temporary permits; safety.

494

SB 311--Fireworks Exhibitions; licenses; storage for use in another state.

495,

610, 638

SB 312--Computer Materials Deemed Harmful to Minors; prohibited

advertising.

533, 792, 914, 957, 995, 997, 1024, 1025

SB 313--Magistrate Courts; Training Council; members; nonlawyer representation

before court.

533, 612, 638, 703, 711, 1903, 2096

SB 314--State Developmental Highway Projects; revise; delete Outer

Perimeter. .................... ............... ............. 533

SB 315--MARTA; Board of Directors; terms; ineligible appointments.

534,

730, 793, 957, 997

SB 316--Concealing Death of Another Person or to Hinder Discovery;

penalty.

567, 792, 914, 1025, 1054, 2314, 2318, 2320

SB 317--Health Districts, Mental Health Services; define service areas.

568

SB 318--Municipal Water or Sewer Systems; authorize contract private

firms.

568, 612, 638, 958, 1024, 1037

INDEX

2421

SB 319--Water Quality Emergencies Due to Sewage Wastewater Treatment; state

appoint interim operations manager; return of certain fines paid.

568,

1016, 1072, 1128, 1215, 1218

SB 320--Insurance; Health; continuation of spousal coverage.

568

SB 321--Habitual Violators Convicted of DUI; punishment; parole

limitations. .......... ........................

568, 1015, 1072

SB 322--Georgia Military Pension Fund; creation.

568

SB 323--Elbert County; ad valorem; exempt residents age 65 or over.

608,

699, 701, 1064

SB 324--County Documents and Court Records; storage facilities; location.

608,

792, 914, 957, 1076, 1094, 1929, 2253

SB 325--Magistrate Courts; increase monetary jurisdiction in civil claims.

608,

730, 793, 921, 938

SB 326--Employees' Retirement System; Disability Benefits; parole and probation

officers. ............................. ........................ 632

SB 327--Dallas, City of; abolish Parking Authority; referendum.

632, 731,

732, 1380

SB 328--Teachers Retirement; creditable service; private school service.

632

SB 329--Outdoor Lighting; advertising signs, luminairies; regulate use of.

632

SB 330--Appropriate Patient Care Act; postsurgery care; coverage by insurers. 632

SB 331--Middle School Program Grants; delete certain qualifying provision.

633

SB 332--Remedial Education Services for Students in Grades 6 through 12.

633

SB 333--Lottery for Education Account; limit amount each county entitled.

633

SB 334--Children Placed State Custody; Juvenile Court ordered child

support. ......................................................... 633

SB 335--Public Employees; ordered military duty; compensation.

633, 789,

914, 1024, 1046, 2405

SB 336--Local School Systems; contracts with other educational entities.

633,

789, 914, 1024, 1046

SB 337--Outdoor Advertising; tree trimming permits; vegetation replantings. 634,

953, 1017

SB 338--Coweta County; Board of Commissioners; compensation

634, 792,

795, 1064

SB 339--Henry County; Board of Education; compensation.

634, 731, 733, 1418

SB 340--DeKalb County; Commission Meetings; counsel; Merit System employees;

referendum. ...........................

................... 696

SB 341--Experimental Drugs, Medical Devices; patient's right to treatment. 696,

952, 1017, 1076, 1099, 1641, 1720, 1774, 1788, 1844, 2124, 2126, 2407

SB 342--Cobb County; State Court; solicitor general; compensation

696, 792,

795, 1064

SB 343--Municipal Corporation Free Enterprise Encouragement Act.

696

SB 344--Judicial Review of Professional License Revocation Decisions.

724,

792, 914, 958, 1024, 1039

SB 345--Hypnotherapist Licensure Act.

725

SB 346--Cobb County; Court Officials, Sheriffs Chief Deputy, Investigator, Executive

Assistant; compensation ..............................

725, 913,

916, 1113

SB 347--Waters, Wetlands; pollutant discharge facilities; permit to operate.

725

SB 348--Abortion; unlawful procedure; partial-birth abortion method.

725, 734

SB 349--Public Funds; identifying markings on motor vehicles; financial

accountability of nonprofit organizations.

725,

792, 914, 957, 981, 1852, 1897, 1898, 2221, 2241, 2333, 2362, 2371, 2408

SB 350--Felony Drug Conviction; prohibit grant license to carry a pistol.

783,

952, 1017

SB 351--Clayton County; Probate judge; salary

783

2422

JOURNAL OF THE SENATE

SB 352--Clayton County; State Court; solicitor-general; compensation

783, 952,

955, 1232

SB 353--Clayton County; Superior Court; court reporter; compensation 783, 953,

955, 1319

SB 354--Clayton County; Board of Commissioners; Chairman; Compensation 784,

1236, 1239, 1241, 1418

SB 355--Clayton Collaborative Authority; community partnership, planning. 784,

953, 955, 1232

SB 356--Insurers; surplus line provisions; claims in insolvencies; surrendered life

insurance; auto coverage.

784, 1014, 1072, 1128,

1190, 1928, 1992, 2402

SB 357--Abortion; unlawful procedure; partial-birth abortion method.

784,

916, 952, 1017, 1127, 1129, 1463

SB 358--Insurers; surplus line insurers; inapplicable provisions.

909, 1014, 1072

SB 359--Clayton County; Probate Court; judge; compensation.

909, 1016,

1019, 1243

SB 360--Employees of DHR Division of Mental Health; transfers;

terminations.

909

SB 361--Insurance; motor vehicle; prohibit surcharge when no prior claims.

909

SB 362--Sales Tax; exemption; motor fuel used in commercial fishing.

909

SB 363--License Plates; display on front and rear of vehicles.

910

SB 364--Motor Vehicles Operated Without Consent of Insured; coverage.

910

SB 365--Agricultural Commodity Commission for Peanuts; overview

committee. ................................. . . . ............... 910

SB 366--Official State Museum; Ralph Mark Gilbert Civil Rights Museum.

910,

1016, 1072, 1128, 1203

SB 367--Stone Mountain Park; define purposes; use of revenue funds.

945

SB 368--Workers' Compensation; state board decisions; appeals; time period. 945

SB 369--Appellate Courts; senior judges and justices; compensation.

946,

1015, 1072, 1128, 1201, 2315, 2337, 2338

SB 370--Prisoner Litigation; civil actions; appeals require an application.

946,

1015, 1072, 1128, 1204

SB 371--Corporations; venue in damage actions for torts, wrongs or injury.

946,

1015, 1072, 1127, 1187, 1190, 1199

SB 372--Civil Actions; tortfeasors; codefendants residing different counties.

946,

1015, 1072, 1127, 1218

SB 373--Houston County Commission on Children and Youth; create

946,

1016, 1019, 1493

SB 374--Cobb County; Board of Commissioners; chairman; personnel powers. 946

SB 375--Sex Crime Offenders; notices of release; residency restrictions.

947

SB 376--Workers' Compensation Insurers; complaints against; investigations. 947,

1014, 1072, 1128, 1195, 1921

SB 377--Local School Districts Capital Outlay Expenditures; funding

method. . . . .

......... . ................................. 947

SB 378--Minors; prohibit admission where alcoholic beverages consumed.

947

SB 379--Emergency Telephone Number 911; duties of public safety

responders. . . . . . . ....

................ ............ 947

SB 380--County Boundary Lines; petitions to change; procedures.

947

SB 381--Georgia Education Local Control Act of 1997.

948

SB 382--Senatorial Districts; descriptions; effective elections of 1998.

948,

1017, 1072, 1127, 1130, 1180, 1463

SB 383--Disability Commissions; establishment by local governments. 948, 1016,

1072, 1128, 1196

SB 384--Workers' Compensation; medical service provider billing errors.

948

SB 385--Parent-Child Relationships; petition to end legal obligation.

948

SB 386--Teachers; new hires; school year contracts; term of years renewable. 948

INDEX

2423

SB 387--Public Education Reform Act of 1997.

1009

SB 388--Land Zoned for Commercial Use; tort liability of owner; insurance. 1009

SB 389--Regional Development Centers; creation of for-profit corporations.

1009

SB 390--Medicaid; enrolling recipients in an HMO; marketing restrictions.

1009

SB 391--Primary Care Physicians; medical training; scholarships, loans.

1010

SB 392--Gilmer County; Board of Commissioners; meeting date; bids.

1067,

1236, 1239, 1418, 2271

SB 393--Union City; mayor and council; election by plurality vote

1067

SB 394--Emergency Reflectors for Disabled Vehicles; requirements.

1067

SB 395--Estates; year's support for surviving spouse and minor children.

1116

SB 396--Lincoln County; Board of Education; staggered terms of office.

1116,

1251, 1254, 1493

SB 397--Pierce County; Board of Commissioners; chairperson duties, salary;

bonds.

1232, 1327, 1329, 1851, 2089, 2401

SB 398--Butts County; board of education; nonpartisan elections.

1232,

1327, 1329, 1851

SB 399--Polk County; Board of Education; compensation; expenses.

1245,

1382, 1384, 1851

SB 400--Fairburn, City of; mayor, council salaries; Municipal Court powers 1245,

1382, 1384

SB 401--Talking Rock, Town of; new charter.

1321, 1467, 1468, 2404

2424

JOURNAL OF THE SENATE

SENATE RESOLUTIONS

SR 1--Senate; Rules; adopt for 1997 Session.

9

SR 2--Senate Convened; notify House of Representatives.

........... 13

SR 3--Senate; Officials, Employees, Committees for 1997 Session.

....... 14

SR 4--Joint Study Committee on Home Study Programs.

27, 498, 536

SR 5--Random Student Drug Testing Study Committee.

27

SR 6--Amend Constitution; tax defaulters ineligible hold public office.

27, 97,

109, 122, 128

SR 7--Fountain, Heather; Soap Box Derby Champion; commend.

44, 229

SR 8--Amend Constitution; public initiative petition process.

27, 612, 638

SR 9--Designate; Hugh L. Logan Interchange in Athens-Clarke County,

42,

270, 309, 511

SR 10--UDC Laura Rutherford Chapter; commend.

44

SR 11--Poss, Robert E., Jr.; condolences. ........................ .......... 44

SR 12--Munson, Larry; UGA Broadcaster; commend.

44, 99

SR 13--Black, J. Lucius of Webster County; commend.

44

SR 14--Baum, Colonel John; tribute to

44

SR 15--Sauls, Marilyn; Jones County Tax Official; commend.

. .... 44, 122

SR 16--Speir, Dr. Edwin G.; Georgia College and State University; commend. 44,

123

SR 17--Driver's Education Study Committee; create. ............ 27, 498, 536

SR 18--DuPree, Tom E., Jr.; commend.

44, 99

SR 19--Lowndes County School District; commend.

44, 229

SR 20--Eanes, Dr. Mark Joseph; commend.

44, 113

SR 21--School Choice Vouchers; create joint committee to study.

27, 498, 536

SR 22--Senate Committee on School Choice Vouchers.

................ 27

SR 23--Music Industry Committee and Citizens' Advisory Council.

28, 498,

536, 734, 738

SR 24--Braswell, Fred B.; commend. ..........

...

. . 44

SR 25--Forsyth, Robert Morrison; commend.

..........

.... 44

SR 26--Phillips, Ken; commend. ........

..........

45

SR 27--Bremen High School Girls' Softball Team; commend. .......

. . 45

SR 28--Crawford, Frank; commend. ........... ..........

. . . . 45, 473

SR 29--Paulding County; High School Marching Patriots; commend.

45

SR 30--Gurley, Mrs. Jessie; honoring 103rd birthday.

45

SR 31--Clonts, Mrs. Charlotte Fuller; commend.

..........

45

SR 32--Brookwood High School Football Team; commend.

29

SR 33--Parker, Mr. T.E. and Mrs. Edna; Senior Citizens of Year; commend.

45

SR 34--Winn, Henry A.; condolences.

..

...... ........ 45

SR 35--Dent, John W.; condolences.

.......

.......... ......... 45

SR 36--Auburn, Georgia and Auburn, New South Wales, Australia; sister

cities.

.....

........... ............... ... 45

SR 37--State Board of Education; new method of selection; election of members by

General Assembly. ........ ........ 43, 254, 270, 311, 320, 322

SR 38--Georgia Citizens for the Arts; commend.

.......... . . 45, 157

SR 39--Rossi, Dario F.; Artist and Marble Sculptor; commend.

45

SR 40--African American Business Enterprise Day; proclaiming

45, 271

SR 41--Amend Constitution; Georgia Senate; minimum age to be elected. . . . . . 43,

469, 498

SR 42--Kiwanis International and Kiwanis Youth Safety Week; commend.

46

SR 43--Gainesville-Hall County Government Unification Task Force;

continue.

57, 99, 109, 120, 142, 146, 303

SR 44--Southern Frozen Foods, Inc.; honoring ....... .........

...

59

INDEX

2425

SR 45--Haralson County Veterans Association; commend.

59

SR 46--Study Commission on Promoting Aerospace Development, Commercial Space

Activities, and Telecommunications Technology

57, 498, 536

SR 47--Waters, Romie of Tattnall County; tribute to

59, 157

SR 48--Designate; Evelyn S. Wade Highway on Highway 120, Buchanan.

57,

270, 309, 511, 512

SR 49--Financial Accounts for TANF Recipients; urge 2-year pilot project.

57,

497, 536

SR 50--Sam Nunn Tribute Commission; creation.

58, 498, 536,

1024, 1040, 1320

SR 51--The Honorable Sam Nunn; welcoming home to Georgia.

59, 1253

SR 52--Sims Superior Seating, Inc.; commend. .......................... ... 59

SR 53--Emergency 911 Telephone Systems Funding Study Committee.

72,

498, 536, 1836, 2047

SR 54--Rotary Student Program of Georgia; honoring

74

SR 55--Bills for Revenue or Appropriating Money May Originate in Senate.

72

SR 56--Recycling and Solid Waste Reduction Fund; amend Constitution.

72

SR 57--Claxton Mothers Club 60th Anniversary; commend.

74

SR 58--Younts, S.E. (Gene) of UGA; commend. ......................... . 74, 85

SR 59--Engineers Day in Georgia; declaring.

83

SR 60--Gooch, Glenn; commend.

83, 186

SR 61--Macon County High School Football Team; commend.

83, 99

SR 62--Supporting Commuter Rail Service Development on Existing CSX tracks

linking Atlanta and NW communities.

81, 270, 309, 511, 513

SR 63--Designate; Martin Luther King, Jr. Memorial Highway; Marietta.

82,

270, 309, 511, 513, 1009, 2250

SR 64--Indemnification of State Highway Employees; amend Constitution.

82,

270, 309

SR 65--Vehicular Traffic Metropolitan Atlanta Areas; alternative projects.

82,

613, 638, 1128, 1204

SR 66--Senior Softball-USA World Championship Tournament; commend. 83, 113

SR 67--Dunwoody High School; Lady Wildcats Softball Team; commend. 83, 186

SR 68--Dodson, Johnny L., 1996 GOAL Award; commend.

84, 271

SR 69--GA Farm Bureau Federaton; commend. .....................

84

SR 70--Kennesaw State University; Lady Owls Softball Team; commend. 84, 113

SR 71--Kennesaw State University; Fighting Owls Baseball Team; commend. 84,

113

SR 72--Joint Driver's Education Study Committee and Joint Georgia Transportation

Study Committee.

96, 791, 914, 1075, 1077, 1079, 1127, 1128, 1853

SR 73--Joint Guardianship Rewrite Committee; re-creation.

96, 572,

613, 1024, 1050, 2255, 2265

SR 74--Declaring Georgia's Sovereignty Under the U.S. Constitution.

96

SR 75--Silver-Haired Legislature; commend.

99

SR 76--Amend Constitution; election of Local School Superintendents.

96

SR 77--Atlanta Braves Baseball Field Within Ted Turner Stadium; urge name to

honor Henry Aaron

96, 183, 205

SR 78--Barr, Nancy, Dr.; Georgia Optometric Association; commend.

99

SR 79--Hodges, Cecil, Reverend Dr.; commend.

99

SR 80--Loganville Middle School Band; commend.

99, 186, 1024

SR 81--Hames, Curtis, Dr.; commend.

110, 360

SR 82--Statesboro Business and Professional Women's Club; commend.

110

SR 83--Neville, William J., Judge; commend.

110

SR 84--DeLoach, Harry R., Judge; condolences.

110, 257

SR 85--Kennedy, William E. of Claxton; tribute to.

110

SR 86--Amend Constitution; provide for an Environmental Trust Fund.

107,

269, 309

2426

JOURNAL OF THE SENATE

SR 87--Senior Week at Capitol; Council on Aging 20th Anniversary;

commend.

110, 186

SR 88--Designate; Walter L. Dasher Memorial Bridge; Tattnall County.

472,

498, 641, 662, 1381

SR 89--Committee to Study Link Between Animal Cruelty and Human

Violence.

107, 498, 536

SR 90--Four-H Day at State Capitol; observance.

110, 163

SR 91--Dick, Beauman; commend.

Ill

SR 92--Hughes, Pamela; commend.

Ill

SR 93--Malcolm, Kristy; commend. ............................ .......... Ill

SR 94--Dale, Peter; commend.

Ill

SR 95--Mills, Julie; commend.

Ill

SR 96--Thorpe, Abmad; commend.

Ill

SR 97--Owens, Michael; commend.

.............................. Ill

SR 98--Estep, Jason; commend.

Ill

SR 99--Wood, Kenny; commend.

Ill

SR 100--Structured Sentencing Commission; review criminal justice system. 108,

498, 536, 797, 885

SR 101--Warburton, Kelly; commend.

Ill

SR 102--Ebrahimji, Alefia; commend.

Ill

SR 103--McFarlin, Crystal; commend. ...................................... Ill

SR 104--Davis, Mary; commend. ........................................... Ill

SR 105--Sparrow, Marcus; commend.

Ill

SR 106--Beamon, Heidi; commend.

Ill

SR 107--Twitty, Kristina; commend. ....................................... 112

SR 108--Atlanta Falcons Head Coach; congratulating Dan Reeves.

112

SR 109--South Fulton County; Legislative Day Celebrating Black History

Day.

112

SR 110--Ramadan and the Islamic Community; recognizing.

108, 205, 220

SR 111--Georgia Conference of Black Mayors; welfare reform concerns.

108,

497, 536

SR 112--Recycling and Economic Development Study Committee; create.

108

SR 113--Children and Youth Coordinating Council; commend.

112

SR 114--DuPree, Tom E., Jr.; commend.

120

SR 115--Milledgeville and Antebellum Rotary Clubs; commend.

120, 256

SR 116--Smith, O.E.; Rockmart Pharmacist; commend.

120

SR 117--Rockmart, City of; Congratulating. .............. .............. 121

SR 118--Scott, Georgia Harvey 'Red'; commend.

121

SR 119--Addison, E.C. 'Boo'; commend.

121, 623

SR 120--Tift County High School 1996 Lady Softball Team; commend.

121, 345

SR 121--Firefighters' Recognition Day, 25th Observance; commend.

121

SR 122--Tifton and Tift County; commend accomplishments

121

SR 123--Bradley, Bryan G., Eagle Scout; commend.

121

SR 124--Chattahoochee-Flint Heritage Highway; recognizing.

121

SR 125--Property Conveyance; surplus National Guard Armory; Hancock

County

118, 183, 205, 311, 1464

SR 126--Sheriffs Deputy William Edward Robinson, IV; tribute to.

121, 186

SR 127--Georgia Association of Black State Universities; commend.

113

SR 128--Cowell, Police Corporal Frank P. of Richmond Hill; commend.

121,186

SR 129--Blaylock, James M.; recognizing

121, 256

SR 130--Property Conveyance; surplus tract, Savannah; convey Chatham

County.

118, 183, 205, 311, 312, 908

SR 131--Harmeyer, Dr. Virginia M.; commend.

121, 157

SR 132--Amend Constitution; motor vehicle taxation; formula; prorations.

118

SR 133--Thomas County Central High School Football Team; commend. 121, 139

SR 134--Hicks, Mrs. Ruby Hinton Gardner, 99th Birthday; congratulate

139

INDEX

2427

SR 135--Douglass Theatre Historic Art and Cultural Building, Macon;

honoring ........................................................ 139

SR 136--Macon-Bibb County Citizens, Taste of Macon Day; welcoming.

139, 794

SR 137--PTA, Georgia Parents and Teacher Members; recognizing

139, 537

SR 138--Jamison, Yvonne; commend.

139

SR 139--Howard, Lt. Governor Pierre; birthday congratulations.

148

SR 140--Olympic Games; commend certain public agencies, officials.

157

SR 141--Ellijay Apple Marketing Association; commend.

139, 582

SR 142--Clay, Robert A.; commend.

158

SR 143--Property Conveyance; Milledgeville-Baldwin County Development Authority;

and to Baldwin County for recreation.

152, 268, 309, 511, 514, 1245

SR 144--Brain and Spinal Injury Trust Fund; allocate certain DUI

penalties. ............. ......... ....... . . .................... 152,

204, 229, 259, 272, 284

SR 145--Georgia Long-term Care Study Commission.

153, 268,

309, 1024, 1041, 2315, 2317

SR 146--Amend Constitution; public initiative process to propose, amend, enact or

reject Laws. ................ .................................... 153

SR 147--Amend Constitution; Legislation Providing or Increasing State Taxes, Fees,

Assessments or Charges; approval by 2/3 of General Assembly.

153

SR 148--Property Conveyance; Burke County Satellite Center to Augusta

Technical Institute

153, 204, 229, 311, 313, 1821

SR 149--Tam, Dr. Vincent K.H., Pediatric Surgeon; commend.

158

SR 150--Dillard, James Arthur; commend.

158, 473

SR 151--Joint Study Committee on Baldwin County State Properties.

181, 498,

536, 1025, 1061

SR 152--Proposed Chemical Weapons Incinerator in Anniston, Ala.; urge public

hearings for Northwest Georgia.

181

SR 153--Paulding County High School Marching Band; commend.

187

SR 154--Beck, Ray; commend.

187, 310

SR 155--Ramey, Terry; commend.

187, 310

SR 156--LeGrande, John Ernest; commend.

187

SR 157--Williams, Doug; Morehouse College Football Coach; commend.

187

SR 158--Alpha Kappa Alpha Sorority, Inc.; recognizing

187, 345

SR 159--Local Legislative Delegations; notice of state building projects.

181,

309, 344, 1025, 1054, 2406

SR 160--Knapp, Dr. Charles B.; commend.

187, 1350

SR 161--Amend Constitution; election of Senate members; four-year term.

181,

469, 498

SR 162--Georgia Youth Legislature; create.

181

SR 163--Roberts, Mary Ann; commend.

206, 473

SR 164--Property Conveyance; grant easements in Clarke, Crisp, Gordon, Gwinnett,

McDuffie, Newton, Sumter, Troup, Baldwin Counties.

202, 470,

498, 641, 663, 1549, 2149, 2168

SR 165--Property Conveyance; utility easements; Dougherty, Jasper, Macon, Ware,

Bibb Counties.

202, 268, 309, 511, 517, 1549, 2189

SR 166--Property Conveyances; Baldwin, Fulton and Gwinnett Counties.

202,

268, 309, 641, 677, 680, 702, 703, 1464, 2063, 2068

SR 167--Brook Run Facility Campus; proposed closing; study usage and disposition

of property.

203, 611, 638, 797, 899, 1566, 2071, 2074

SR 168--Uninsured Motorists Study Committee; creation.

203, 791, 914,

1836, 2047

SR 169--Stone Mountain Park; commend.

206

SR 170--Amend Constitution; State School Superintendent; qualifications.

203

SR 171--Amend Constitution; create State Government Waste Task Force.

203

SR 172--Prison and Jail Construction Cost Analysis; committee to study.

203

2428

JOURNAL OF THE SENATE

SR 173--Jones, Allison M., Young Vocalist from Augusta; commend.

230, 345

SR 174--Tinsley, Shonterria, Victim of Hit and Run Driver; sympathy to

family. .......................................................... 230

SR 175--Smith, Melodie Bryson; Pilot Club President; commend.

230

SR 176--Amend Constitution; public initiative petition process to enact or reject

statutes. ................................. ....................... 225

SR 177--Amend Constitution; establish limitation on state expenditures.

225

SR 178--Conrail Acquisition Plan; urge U.S. Department of Transportation consider

rail passenger and competitive freight service.

225, 793, 914,

1075, 1079

SR 179--Sanders, Eugene H., 100th Birthday; congratulating

230

SR 180--Urge Congress Adopt the Balanced Budget Amendment.

251, 471, 498,

1024, 1050

SR 181--Albany-Dougherty County Day; declaring

257

SR 182--White, Norma Solomon; Educator and Musician; commend.

257

SR 183--Buckhead Baseball T-League Team Coaches, Athletes; commend

257,

623

SR 184--Donehoo, Candice Song; Miss Cobb County; commend.

257, 537

SR 185--Coastal Region Aquarium and Maritime Facility Study Commission. 266,

790, 914, 1836, 2047, 2050

SR 186--America's Youth PASSPORT, Preventive Health Care; recognize.

271

SR 187--Terrell Academy 1996 Football Team; commend.

271

SR 188--Rice, Anne; commend.

271, 310

SR 189--Cordele-Crisp County Fish Fry Officials; commend.

271

SR 190--Talley, Barbara H.; honoring

271

SR 191--Georgia County Welfare Association, Inc.; commend.

271, 272

SR 192--Blount, Alice Sharpe, 90th Birthday; congratulating

271

SR 193--Akins, Julie Ann; 1997 Watermelon Queen; commend.

271

SR 194--Urge FDA Correct Regulatory Delays to New Medical Technology.

306,

470, 498, 641, 680

SR 195--Georgia Dairy Production Senate Study Committee; create.

306,

498, 536, 1836, 2047

SR 196--Property Conveyance; grant easement to tunnel under Savannah River for

utility services to Hutchinson Island; Chatham County

306,

470, 498, 641, 680, 2057

SR 197--Urge USDA Abandon Planned Quarantine of Wheat to Control

Disease.

. ............................ 306, 468, 498, 540, 548

SR 198--Gwinnett's Fallen Heroes Memorial Committee; commend.

310

SR 199--Haynes, Heath; commend.

310

SR 200--Civil Trials; juries consist of six persons; amend Constitution.

307,

1015, 1072, 1128, 1200

SR 201--Annis, Ms. Frances V., Probate Court Judge; commend.

310, 618

SR 202--Ophthalmology, Georgia Society of; commend.

342, 497, 536, 616, 625

SR 203--Taiwan, Republic of China; United Nations membership; endorse,

support.

343, 913, 953, 1024, 1040

SR 204--Georgia Nursing Home Association Education and Research;

commend. ..........................

....................... 346

SR 205--Urge Support for the Admission of Republic of Poland to NATO.

343,

913, 953, 1025, 1055

SR 206--Niekro, Phil; National Baseball Hall of Fame; recognizing.

351

SR 207--Smee, Leslie Norman; Prudential Community Award; recognizing

346

SR 208--Herrington, Frank H.; commend.

346

SR 209--Plastics Industry in Georgia; commend.

356, 471, 498, 540, 556

SR 210--Woods, Sergeant Harold; commend.

360

SR 211--Atlanta Association of Insurance Professionals; commend.

461

SR 212--Albritton, Bradley K.; commend.

360

INDEX

2429

SR 213--Property Conveyance; surplus Stone Mountain Property.

465, 611,

638, 703, 711, 1853

SR 214--Designate; Lovell-Wikle Scenic Highway; Lauren 'Bubba' McDonald

Parkway; and Woodstock Centennial Interchange.

465, 613, 638,

921, 934, 1381, 2122, 2124

SR 215--Amend Constitution; abolish State Board of Pardons and Paroles; grant

authority to General Assembly. .............

................. 466

SR 216--General Assembly Members; term limitations; six two-year terms.

466

SR 217--African Delegation Cote d'lvoire; recognizing

473, 614

SR 218--Mascolo, Joseph; commend.

473, 537

SR 219--Immigrants and Migrant Workers; entitlement programs under the TANF

Act; committee to study.

466, 498, 536, 1836, 2048

SR 220--Pickney, Edward, Jr.; condolences.

473

SR 221--Schermerhorn, Landora; commend.

473

SR 222--Peach Festival, Georgia; commend.

473, 582

SR 223--Dow Chemical Company; commend.

473

SR 224--McKinney, Honorable Cynthia Ann; commend.

499, 954

SR 225--Coastal Ground-Water Resources Joint Study Committee; create.

495,

791, 914

SR 226--Lamutt, Mrs. Cindy; recognizing her courtesy.

499, 623

SR 227--Hancock, Dr. S. Anne; commend.

499

SR 228--Cox, Stephen R., Eagle Scout; commend.

499

SR 229--Tucker, Roy, 100th Birthday; congratulating

500

SR 230--Frye, Nell Oglesby; commend.

500

SR 231--Groome, Jim; commend.

537

SR 232--Joint Study Committee on Prevention, Treatment of Substance

Abuse. .......................

534, 791, 914, 1076, 1110, 1928

SR 233--Child Custody; committee to study joint custody; shared parenting.

534

SR 234--Department of Audits; commend efforts to control Medicaid fraud.

537

SR 235--Greater Antioch Baptist Church 125th Anniversary; commend.

573

SR 236--Designation to Honor Harold S. Willingham; South Marietta

Loop

569, 613, 638, 703, 708, 1009, 1355

SR 237--Arthritis Awareness Day; designating March 4

. 574, 74-9

SR 238--Slosheye Trail Big Pig Jig Barbecue Cooking Contest; recognize.

614

SR 239--Olliff, Shea; Miss Georgia 1996; honoring

614, 1241

SR 240--Deavours, L. E. (Sonny); commend.

614, 639

SR 241--Russo, Gene C.; commend.

614, 916

SR 242--Perdue, David Alfred, Sr.; tribute to; condolences to family

614, 700

SR 243--Holtz, Harold F.; commend.

614

SR 244--Designate; Coogan Ray Bleodow Memorial Bridge and Veterans Memorial

Highway in Cobb County; Harvey R. Greene Bridge in Thomaston. 634,

793, 914, 1021, 2331, 2345

SR 245--Pennington, Brooks; expressing regrets at passing.

614

SR 246--Smith, Dr. W.T.; Mental Health Physician; commend.

614

SR 247--Tudor, Jim, Convenience Store Association; commend

640

SR 248--State Appropriations; prohibit total outlays exceeding revenue sources;

requirements to enact taxes, fees, assessments. ........... ....... 634

SR 249--Elections Laws; comprehensive Code revision; committee to study.

634,

791, 914, 1025, 1060, 1494, 2081, 2082

SR 250--Ralston, Willard of Gilmer County; commend.

640

SR 251--Designate; George W. Ross Highway in City of Eton.

634,793,

914, 1021

SR 252--Designate; Reverend Charles Walter Hayes Memorial Highway and

Bridge.

635, 793, 914, 1021

SR 253--Designate; Thomas Kirkland Bridge; Coffee County

697,

793, 914, 1021, 2405

2430

JOURNAL OF THE SENATE

SR 254--State Office Campaign Finance Study Committee; create.

697, 791, 914

SR 255--State Office Campaign Finance Joint Study Committee; create

697,

791, 914

SR 256--Alexander, Robert S., 86th Birthday; honoring

693

SR 257--McDowell, Nancy and Drew; commend.

700, 733

SR 258--Shiloh Hills Christian School Men's Basketball; commend.

700

SR 259--St. Patrick's Day in Savannah; Parade Officials; commend.

700,

749, 1253

SR 260--Designate; William Thomas Overby Memorial Parkway, Sharpsburg; and

Buddy Reddick Parkway, Peach County.

725, 914, 953,

1021, 1464, 2249

SR 261--St. Patrick's Day Savannah; honoring Grand Marshal Monsignor Daniel J.

Bourke.

731, 749

SR 262--DeKalb County Adapted Sports Program; commend.

732

SR 263--Adapted Sports After-school Programs; committee to study

725, 1250,

1328

SR 264--Sanders, Former Governor Carl E.; Georgia Aviation Hall of Fame.

732

SR 265--Okefenokee Area Council of Boy Scouts of America; commend.

732

SR 266--Germany, Office of Consulate General Federal Republic of; honoring. 732

SR 267--Orberg, Hank; Waycross German Oktoberfest; commend.

732

SR 268--Glass, Carolyn Y.; commend.

732

SR 269--Child Protective Services; Children's Advocacy Centers; commend.

732

SR 270--Election Campaign Finance Reform; joint committee to study.

726

SR 271--Automobile Registration, Taxation; joint committee to study.

726

SR 272--Automobiles Registration and Taxation; committee to study.

726

SR 273--Automobile and Motorcycle Insurance Policy Cancellation and Nonrenewal

Study Committee

726

SR 274--Property Tax Equity; committee to study.

726

SR 275--Property Taxes; equity in taxation; joint committee to study.

726

SR 276--Gwinnett County State Court, 60th Anniversary; congratulate

732

SR 277--Water Well Drilling Industry, Importance of Ground Water;

recognize. ....................................................... 794

SR 278--Air Quality; ozone standards; urge U.S. EPA refrain new changes.

784,

1015, 1072, 1128, 1198

SR 279--Joint Subsequent Injury Trust Fund Study Committee.

784

SR 280--Study Committee on Foster Care and Adoption; re-creating.

784,

1467, 1836, 2048

SR 281--McMichael, Robert H. and U.S. Marshals Office; recognize.

794, 954

SR 282--Tabb, Michael B.; commend.

794

SR 283--Fries, Norman W., Claxton Poultry; commend.

794

SR 284--Sports, Don; Evans County Radio Broadcaster; commend.

794

SR 285--Model High School Mock Trial Team; commend.

794, 923

SR 286--Rail Passenger Service; Georgia Rail Passenger Authority to study. 910,

953, 1017, 1128, 1202, 1929, 2218, 2333, 2346, 2347

SR 287--Langford, Arthur; placement of portrait at State Capitol

910

SR 288--Hendley, Dr. John Eli; honoring

915

SR 289--Milton, DeLisha; SEC Women's Basketball Player of Year; commend. 703,

915

SR 290--State and Local Bond Issuance Procedures; committee to study.

910

SR 291--Shrimp Fishery Resources; committee to study

910,

1467, 1836, 2048

SR 292--Georgia National Guard Youth Challenge Academy; commend.

915

SR 293--Grizzard, L. Drew; condolences to family

915

SR 294--Mitchell, Pete; commend.

915

SR 295--Impact Ministries, Inc.; commend.

915, 954

INDEX

2431

SR 296--Disability Access; Olympic and Paralympic Games; commend volunteer

efforts of CODA/Committee.

916

SR 297--Downs, Harry S.; commend.

916

SR 298--Nealy, James; commend.

916

SR 299--Irwin County High School Wrestling Team; commend.

954

SR 300--Williams, Major W.L.; Savannah Police Department; commend.

954

SR 301--Consumer Privacy in the Marketplace; committee to study.

949,

1250, 1328

SR 302--Historic Preservation and Heritage Tourism; committee to study.

949

SR 303--Joint Georgia Transportation Study Committee.

949

SR 304--Designate; L.G. Landers Memorial Bridge, Austell; and Wendy Bagwell

Parkway, Paulding County.

949, 1017, 1072, 1125, 1127, 2406

SR 305--Designate; Walter H. Buce Memorial Bridge, Cobb County; and Segal

Durrence Memorial Bridge; Reidsville.

949, 1017,

1072, 1125, 1126, 1127, 2405

SR 306--Farrell, David Paul; regrets at the passing

954

SR 307--Economic Security 2000; workers savings incentives; supporting.

954

SR 308--Cartersville High School Jazz Band; commend.

1018

SR 309--Cartersville Board of Education; supporting charter school concept 1018

SR 310--TEAM Georgia Sober Driving Coalition; commend.

1018

SR 311--Southside Savannah Raiders Baseball Team; commend.

954

SR 312--Driver's Education; urge implement within public schools.

1018

SR 313--Hate Crimes; condemning acts; urge effective law enforcement.

1018

SR 314--International Longshoremen's Association; recognizing

1018

SR 315--Murphy, Speaker Tom; expressing happy birthday wishes

1018

SR 316--Designate Wendy Bagwell Parkway; Paulding County

1010

SR 317--Friendship Force, The; commend.

1018

SR 318--UGA Law School's Moot Court Team and Their Advisor; commend. 1018

SR 319--Study Committee on Cosmetology School Curriculum.

1010

SR 320--Heck, George L. Ill; commend.

1018

SR 321--Child Custody Study Committee; create. ............. 1067

SR 322--Gustafson, Bill; commend.

1073

SR 323--Lee, Vicki; commend.

1073

SR 324--Paulk, Melba Wilkes of Irwin County; commend.

1073

SR 325--Pope, Leonard C. of Irwin County; commend.

1073

SR 326--Centennial Park Bombing; commend security, law enforcement, and

emergency response personnel who assisted in aftermath

1073

SR 327--Georgia Network of Food Banks; tribute to staff and volunteers.

1073

SR 328--Williams, Dr. Willis Howard; commend.

1073

SR 329--Williford, Tina of Elbert County; commend.

1073

SR 330--Casey, Judge Nelson; commend.

1073

SR 331--Amend Constitution; provide additional penalties, fees; allocate for

construction, operation, staffing of municipal jails.

1067, 1247, 1328

SR 332--O'Rear, Leslie Elizabeth; commend.

1073

SR 333--Elections; Campaign Finance Reform and Ethics Study Committee. 1067

SR 334--Information Technology Relating to Technical Institutes and Public

Libraries Study Committee. ...

...........

1067

SR 335--Stevens, John P., Sr.; commend.

1122

SR 336--Powell, Lillie Alien; commend.

1073

SR 337--Dodgen, George III, Eagle Scout; commend.

1073

SR 338--Tillman, Dr. Ralph A.; President of MAG; recognizing

1073

SR 339--Study Committee on Job Training.

1116, 1250, 1328, 1836, 2048

SR 340--Women's Health Care Issues Study Committee; create.

1117

SR 341--Hudgins, Benjamin; Eagle Scout; commend.

1122

SR 342--Mahon, Michael, Eagle Scout; commend.

1122

SR 343--Elam, Mrs. Leverta H.; honoring

1122

2432

JOURNAL OF THE SENATE

SR 344--Waller, Robert; honoring . . . .

. . 1122

SR 345--Gardner, Christy J.; commend.

1122

SR 346--Duggan, Gail D.; honoring

. 1122

SR 347--Horton, Mrs. Peggy A.; honoring

.

1122

SR 348--Powell, Mrs. Cecelia Fancher; commend.

....

1122

SR 349--Roswell High School Basketball Team; commend.

........

1122

SR 350--Curtis Baptist High School Boys Basketball Team; commend.

1122

SR 351--Unemployment Insurance; request state project to run own UI

System.

'

1232, 1248, 1328

SR 352--Pelham H. S. Lady Basketball Class A Championship; commend.

1237

SR 353--West Point Lake Water Problems; urge Congressman Bob Barr help

resolve.

1233, 1249, 1328

SR 354--Zoller, Dr. Michael; commend.

1237

SR 355--Parkview High School Boys Swimming and Diving Team; commend. 1237

SR 356--Al-Mansour, Dr. Khalid Abdullah Tariq; honoring

1237, 1253

SR 357--Waters, Charles R., Jr.; condolences.

1237

SR 358--Richards (Bob) Youth Detention Center; honoring dedication.

1237

SR 359--Nzita, Dr. Stephen; honoring

1253

SR 360--Agricultural Employers; farm labor; urge effective H2A Program.

1245,

1465, 1467, 1837, 2052

SR 361--Georgia State University; College of Business Administration;

commend.

1253

SR 362--Cedar Grove High School Basketball Team; commend.

. . . . 1253

SR 363--Walker, Dr. Eugene P.; honoring

1253

SR 364--Hood, Mrs. Evelyn Hawkins; honoring

......... 1253

SR 365--Nash, Mrs. Lillie Ruth; honoring birthday

. . ...

1253

SR 366--Study Committee on Controlled School Choice

1321

SR 367--Study Committee on Effectiveness and Efficiency in State

Government.

.... .

1321

SR 368--Motorcycle Awareness and You Month; recognizing

1321

SR 369--Waller, Robert; honoring

1328

SR 370--Thomasville High School Lady Basketball Team; commend.

1253

SR 371--Medicaid; Study Committee on Appropriate Medicaid Reform;

create.

1321, 1467

SR 372--Life College's Mens Track and Field Team; commend.

..

1328

SR 373--Pennywell, Denise L.; commend.

. . 1328

SR 374--Wigglesworth, Thomas, UGA Degree in History at Age 92; commend. 1329

SR 375--Vass, Malcom R.; condolences.

1383

SR 376--Oglethorpe, James Edward, Tercentenary Commission; commend

1384

SR 377--Cole, Jean; Lilburn City Clerk; commend.

1384

SR 378--Women's Cancer Care Issues Study Committee.

1382, 1467,

1836, 2048

SR 379--Dawson, Dr. James Byron; Acting State Medical Examiner;

commend.

. . . . . 1384

SR 380--Fannin County 9 and 10 Year Old Girls Basketball Team;

commend.

1384

SR 381--Kessler, Kathleen; condolences.

.........

1384

SR 382--Georgia National Guard Future Mission Requirements Study

Committee

..

...... 1382

SR 383--University System Scholars, Academic Recognition Day; recognize. 1384

SR 384--Cedartown Kiwanis Club; commend.

1384

SR 385--Kiker, Charles W. Jr. of Fannin County; condolences.

1384

SR 386--DeKalb County's Form of Government Study Committee; create. . 1465

SR 387--Georgia's Forestry Industry; adverse affect of subsidized Canadian lumber

imported duty-free

.......

1468

SR 388--Children; affirming Senate commitment to ensure their welfare.

1465

INDEX

2433

SR 389--Rock Quarrying Activities Near Populated Areas; urge review.

1824

SR 390--Savannah Foods and Industries, Inc.; recognizing

.......

1824

SR 391--Tallent, William George "Gee"; condolences. ..................... 1825

SR 392--Johnson, Bertha Boykin; condolences.

......... 1825

SR 393--Lynch, Edward; commend.

.................. 1825

SR 394--Hardwick, Kathryn G.; honoring

1825

SR 395--Welfare and Health Care Reform, Impact on Working Georgians Study

Committee

1823

SR 396--Barrett, Gil; commend.

... 1825

SR 397--Study Committee on School Support Personnel.

. . . . . 1823

SR 398--NeSmith, James Colquitt; commend.

1825

SR 399--South Fulton Municipal Association; relative retirement fund

investments.

1825

SR 400--Pitts, Charles "Chip" Wilson; expressing condolences.

. 1820

SR 401--Lucas, Amy Suzanne; University System Scholar; commend. . . . . . 1825

SR 402--Worthington, Samuel E.; University System Scholar; commend. . . . . 1825

SR 403--Williams, Laura L.; University System Scholar; commend.

1825

SR 404--Wells, Donna E. Lowary; University System Scholar; commend.

. 1825

SR 405--Webb, Patricia A.; University System Scholar; commend.

1825

SR 406--Rogers, Tiffanie L.; University System Scholar; commend. . . . . ...... 1826

SR 407--Sewell, Frances; University System Scholar; commend.

1826

SR 408--Tekulvc, Angela Marie; University System Scholar; commend.

1826

SR 409--Rodriquez, Elisa J.; University System Scholar; commend.

1826

SR 410--Moore, Darryl C.; University System Scholar; commend. ......

1826

SR 411--Maxwell, Cheryl S.; University System Scholar; commend.

1826

SR 412--Shannon-Levins, Kerri; University System Scholar; commend. .

1826

SR 413--Joiner, Jenna E.; University System Scholar; commend.

1826

SR 414--Richardson, Christopher; University System Scholar; commend. . . . . 1826

SR 415--Sawyer, Danielle C.; University System Scholar; commend.

1826

SR 416--Rickards, Kristy; University System Scholar; commend. . . . . . . 1827

SR 417--May, Amy Renee; University System Scholar; commend.

1827

SR 418--Hunter, lan Scott; University System Scholar; commend. .......... 1827

SR 419--Hudson, Amanda J.; University System Scholar; commend.

1827

SR 420--Hughes, Cynthia; University System Scholar; commend.

1827

SR 421--Huckaby, Dorothy; University System Scholar; commend.

1827

SR 422--Hershovitz, Scott Adam; University System Scholar; commend.

. 1827

SR 423--Greer, Deirdre C.; University System Scholar; commend.

1827

SR 424--Harkleroad, Thomas Conley; University System Scholar; commend. . 1827

SR 425--Donehoo, Sheila R.; University System Scholar; commend. ......... 1827

SR 426--Burns, D'Andrea N.; University System Scholar; commend. ......... 1827

SR 427--Farr, Joshua A.; University System Scholar; commend.

1828

SR 428--Cook, Tina E.; University System Scholar; commend.

1828

SR 429--Chason, Tracy Lynn; University System Scholar; commend.

1828

SR 430--Bryant, Janis; University System Scholar; commend.

1828

SR 431--Burdette, Elizabeth Lee; University System Scholar; commend.

1828

SR 432--Best, Raylynn Lynette; University System Scholar; commend.

1828

SR 433--Paulding County Junior ROTC Color Guard and Drill Team;

commend.

1828

SR 434--Walls, B.E.; commend.

1828

SR 435--Tsongas, Paul E.; former U.S. Senator and Concord Coalition;

commend.

1828

SR 436--Yu, Grace; University System Scholar; commend.

1828

SR 437--Order of Ahepa, 75th Anniversary; recognizing

.............. 1828

SR 438--Robinson, John Roosevelt "Jackie"; honoring

.......... 1828

SR 439--Bingham, Michael and Joseph LeVert, STAR Student and Teacher;

commend.

1829

2434

JOURNAL OF THE SENATE

SR 440--Lister, Hovie, Statesmen Quartet; commend.

1829

SR 441--Moran, Pat, Southeast Toyota Distributors Inc; commend.

1829

SR 442--Sickle Cell Foundation of Georgia; commend.

1829

SR 443--Nurses Association and Professional Registered Nurses; commend.

1829

SR 444--Aniton, Reverend Emmett; recognizing

1829

SR 445--Brown, James, Godfather of Soul Music; commend.

1843

SR 446--Motorcycle Awareness and You Month; recognizing

2060

SR 447--Pittman, James of Louisville; commend.

2060

SR 448--Thomas, Monica Webb; University System Academic Scholar;

commend.

2060

SR 449--Life University's Men's Basketball Team and Coach; commend.

2060

SR 450--Smith, Orlando "Tubby", UGA Head Basketball Coach; commend.

2060

SR 451--Vann, Solomon, Jr.; expressing condolences.

2060

SR 452--State Patrol Law Enforcement Efforts During Olympic Games; heroic efforts

at Centennial Olympic Park; commend.

2060

SR 453--Smith, Norris; commend. ........................ . . . .

2060, 2126

SR 454--Ozburn, Trent, Capitol Grounds Manager, and Assistants Steve Johnson

and Willie Key; commend.

2060

SR 455--Dickey, Edward; commend.

2400

SR 456--Essig, Alan; Senate Research Office; commend.

2221

SR 457--Glover Machine Works and Richard L. Hillman of Marietta;

commend.

2400

INDEX

2435

PART II

HOUSE BILLS AND RESOLUTIONS

HB 15--Local Option Sales Tax; special county 1%; termination date.

132,

136, 150, 183, 205, 1836, 2040

HB 19--Municipal Elections; qualifying period; designate number of days.

149,

153, 952, 1017, 1342, 1353

HB 32--Counties, Municipalities; construction projects; bidding

procedure.

1222, 1228

HB 34--Appropriations, Supplemental; SFY 1996-1997.

199, 203,

308, 344, 363, 375, 433, 489, 490, 799, 858, 909, 1003

HB 49--Georgia Fertilizer Act of 1997; enact.

222, 226, 468, 498, 734, 758, 1822

HB 54--Municipal Courts; misdemeanor jurisdiction; county law library

funds.

303, 307, 1015, 1072, 1257, 1297, 2255, 2258

HB 55--Agents; restrict power of attorney to transfer property ownership.

1220,

1225

HB 57--Solid Waste; landfills; restrictions; disposal of asphalt shingles; siting near

military bombing range.

263, 266, 1465, 1467, 1835, 1925, 2332

HB 58--Clay County; Board of Education; compensation.

46, 98, 100

HB 60--Homestead Option Sales, HOST Tax; purposes; capital

outlay projects. ... ... ....................... 48, 53, 73, 82, 101

HB 61--DeKalb County; ad valorem exemption; HOST sales tax proceeds.

46,

73, 74

HB 62--Driver's License or Permits; replacement of original; fingerprints.

150,

153, 269, 309, 1835, 1987

HB 67--Superior Court Clerks Training Council; membership; voting

quorum.

222, 226, 612, 638, 957, 960, 1242

HB 70--Sales Tax; exemption; aircraft engine remanufacturing equipment.

48,

53, 73, 82, 101, 102, 229, 539, 542

HB 71--Telephone Subscribers Objecting to Unsolicited Calls; PSC maintain a

database of numbers; solicitors prohibited call numbers included.

303,

307, 1325, 1328, 1394, 1420, 1426, 1719, 1777, 1852, 1923

HB 79--Parking Law for Disabled Persons; enforcement monitors; uniforms. 263,

266, 793, 914, 1835, 1927

HB 83--Georgia Tax Code; incorporate provisions of federal laws.

149, 154,

204, 229, 797, 903

HB 84--Intangible Recording or Real Estate Transfer Taxes; distribution.

150,

154, 204, 229, 1835, 1991

HB 85--Income Tax; repaid income qualifying as a refundable tax credit.

491,

495, 611, 638, 1835, 1991

HB 92--Drugs and Narcotics Agency; director, agents; retain weapons,

badge.

199, 203

HB 93--Farm Wineries; state licensing; authorized sales on premises.

90, 97,

469, 498, 734, 750

HB 94--Excise Taxes; hotel-motel; levy by a local consolidated government. 248,

251, 497, 536, 957, 962, 1822

HB 95--Public Service Commission; divide state into single-member

districts.

631, 635, 789, 914, 1834, 2055, 2331

2436

JOURNAL OF THE SENATE

HB 96--Professional Counselor, Mental Health Therapists; license

exception.

1221, 1226, 1326, 1328

HB 97--Insurance Agencies and Licensees; requirements; fraudulent acts.

151,

154, 358, 472, 797, 877, 1055, 1291, 1310, 1417, 2054, 2273, 2282, 2406

HB 98--General Assembly; certain local salary, annexation bills prohibited. 150,

154, 256, 270, 1257, 1300

HB 100--Offense of Criminal Trespass; property of minor's parent, guardian. 132,

136, 1466, 1467, 1834, 1840

HB 104--License Plates; special; standardize process for issuance; motor vehicle

dealer plates; veteran's plates; special issues.

945, 949, 1252,

1328, 1394, 1438, 2012, 2024, 2053, 2054, 2307, 2314, 2406

HB 105--Receipt of Remuneration Pertaining to Criminal Cases; prohibitions. 303,

307, 471, 498, 1256, 1259

HB 106--Patient Medical Treatment Under HMO Plans; time period to

receive.

263, 266

HB 110--License Plates; special; Shrine Hospitals; Civil War Historic Sites.

149,

154, 613, 638, 797, 889, 891, 920, 923, 2022, 2071

HB 111--Controlled Substances; change listing; penalties relating to flunitrazepam,

amphetamine.

151, 154, 1016, 1072, 1836, 2026, 2033, 2402

HB 112--Families Adopting Hard-to-Place Children; financial assistance.

150,

155, 1249, 1328, 1395, 1479, 1488

HB 119--Alcoholic Beverages; prohibit direct shipments to unlicensed persons. 76,

82, 183, 205, 734, 744, 748, 908

HB 123--OCGA; code revision; correct errors and omissions; reenact statutes.

76,

82, 255, 270, 1480, 1554

HB 124--District Attorneys' Offices; budgets, functions, personnel, salaries.

178,

182, 1015, 1072, 1481, 1704, 1902

HB 125--Superior Court; office of judge; employment, benefits of personnel.

178,

182, 1015, 1072, 1481, 1704

HB 126--Delinquent or Unruly Child Placed in Foster Care; review; duration. 76,

82, 1249, 1328, 1482, 1780, 2013

HB 127--Articles of Bedding; repeal OCGA Title 31, Chapter 25 relating to.

114,

118. 470, 498, 734, 755

HB 128--Secretary of State; summaries of state-wide referendum questions

70,

73, 109, 120, 142, 146

HB 130--Department of Agriculture; registration, licensing electronically.

114,

119. 182, 205, 734, 757

HB 138--Respiratory Care Professionals; board approved continuing

education.

262, 266, 610, 638, 798, 904

HB 143--Engineer or Land Surveyors; persons practicing unlawfully;

penalty.

492, 495, 791, 914, 1256, 1289

HB 148--Alabama-Coosa-Tallapoosa River Basin, ACT Interstate Compact.

102,

184, 205, 259, 260

HB 149--Apalachicola-Chattahoochee-Flint River Basin Interstate Compact.

102,

184, 205, 259, 261

HB 151--Income Tax Credit; claims for creating new jobs; calculation basis.

354,

357, 497, 536, 797, 897

HB 152--Judicial Sales; legal advertising; qualifying as official newspaper.

724,

726, 1235, 1252, 1482, 1774, 1929

HB 165--Sales Tax; special county 1%; homestead option tax; tax for local educational

purposes; change, define provisions; exemptions.

262, 266, 497, 536,

921, 928, 956, 958, 1238, 1376, 1378

HB 167--Georgia Coastal Zones Management Act; enact.

132, 136, 184,

205, 616, 623

HB 171--Administrative Procedure Act; definitions; Department of Revenue.

90,

97, 204, 229, 735, 777

INDEX

2437

HB 172--Real Estate Appraisers; classification; regulation; violations.

151, 155,

268, 309, 1482, 1762, 2057

HB 173--Real Estate Licensees, Brokers, Schools; state board regulations.

151,

155, 268, 309, 1482, 1766, 2057

HB 174--Used Motor Vehicle Dealers; certain auction sales exemption.

132,

136, 268, 309, 1394, 1419

HB 178--Theft by Conversion of Rented, Leased Property; replacement costs. 150,

155, 270, 309, 734, 750, 908

HB 180--Students Transferring Grades 7 or Higher; require past records.

1008,

1010, 1325, 1328, 1479, 1544

HB 182--Antifreeze Products; license to sell; sample testing; certification.

132,

136, 204, 229, 734, 758

HB 183--Criminal Arrest Records; expungement of records in certain cases.

302,

307, 1326, 1328, 1481, 1722, 1929, 2010, 2053, 2071, 2282, 2286, 2406

HB 185--Tax Executions; selling and transferring in lot blocks.

342, 343,

789, 914, 1836, 2056

HB 187--Criminal Justice Coordinating Council; additional member.

222, 226,

269, 309, 921, 930

HB 188--Laws and Statutes; effective dates; Acts affecting local government.

89,

97, 255, 270, 363, 437

HB 190--Radar Speed Detection Devices; permit conditions; regulate use. 178, 182

HB 193--Liability of Parent or Guardian for Malicious Acts of Minor Child.

908,

911, 1466, 1467, 1835, 2007, 2402

HB 194--Rincon, City of; new charter.

104, 108, 185, 188

HB 197--State Employees; awards for suggestions or initiatives; nominations. 491,

495, 1251, 1328, 1483, 1819

HB 204--Appropriations; General; SPY 1997-1998.

1208, 1223,

1325, 1328, 1479, 1494, 1547, 1548, 1641, 1654, 1935, 1977, 1978

HB 205--License Plates; issue to owner, transfer between vehicles; registration

periods; vehicles subject ad valorem taxation

114, 119, 613,

638, 797, 858, 1238, 1415, 1417

HB 206--Community Services Block Grant Funds; distribution by contract.

222,

226, 572, 613, 1394, 1418

HB 208--Metropolitan Area Planning & Development Commission; mayoral

members. ............. 223, 226, 309, 344, 734, 756

HB 211--Sex Offenders; child molesters; hormonal chemical treatment.

263,

267, 1466, 1467, 1834, 1837, 2402

HB 212--Crabbing, Commercial Fishermen; regulate use of crab traps, floats. 132,

137, 269, 309, 797, 903

HB 213--Labor Department; Unemployment Trust Fund; certain

withdrawals.

223, 227, 310, 951, 1017, 1481, 1639

HB 214--U.S. Flag and Other Patriotic Customs; public school instruction.

150,

155, 572, 613, 735, 778, 908

HB 216--Augusta-Richmond County Coliseum Authority; appointment of

members.

............

.....

2221, 2371

HB 217--Municipal Corporate Limits; annexation or deannexation methods.

341,

343, 1251, 1328, 1835, 1922

HB 219--Waste Management Authorities; deactivation; disposal facility sites. 248,

252, 790, 914, 1257, 1294, 1823

HB 222--Buford, City of; Change Corporate Limits.

1493, 1549, 2059, 2061

HB 228--Sales Tax; special purpose county; proceeds not used for landfill.

566,

569, 789, 914, 1256, 1290

HB 233--Insurance Fraud Against Persons 60 Years of Age; increased

penalties

249, 252, 1248, 1328, 1835, 1989, 2080, 2230, 2333, 2340

HB 234--Decatur County; Chief Magistrate; nonpartisan nomination,

elections. ...................... ...... 114, 119, 185, 188

2438

JOURNAL OF THE SENATE

HB 238--State Board of Medical Examiners; geographic representation; physician's

assistant licensing.

224, 227, 497, 536, 1835, 1924, 2081, 2198

HB 241--Income Tax; exclusion; certain partnerships dealing in securities.

302,

307, 470, 498, 921, 931

HB 245--Probate Code Revisions, Clarity, Modernizations, OCGA Title 53.

178,

182, 792, 914, 1481, 1642, 2402

HB 246--Elections; ballot labels for voting machines; number of words.

132,

137, 183, 205, 230, 234

HB 248--Littering; definition includes cigarette butts and chewing gum.

341,

343, 1465, 1467

HB 249--Marriage Ceremony; authority of state and federal court judges.

223,

227, 359, 472

HB 250--Persons Underage Attempting to Purchase Alcohol With Falsified ID. 724,

726, 1013, 1072, 1257, 1304, 1929, 2228

HB 251--Trespass Upon or Damage to Realty; civil actions; limitation period. 566,

569

HB 252--Chamblee, City of; ad valorem tax exemption; elderly, disabled.

131,

137. 185, 188

HB 255--Real Estate Brokerage Services; commissions; contractural rights.

532,

534, 1071, 1121, 1343, 1358

HB 258--Arrest of a Peace Officer; required information on arrest affidavit.

781,

785

HB 272--Marriage and Family Therapists; licensure; education requirements. 247,

252, 470, 498, 1257, 1303

HB 273--Medicaid Prescription Drugs; nursing facilities; reuse of unused single

dosage drugs.

248, 252, 913, 953, 1480, 1580, 2057

HB 274--Psychologists; good faith actions as supervisor; liability immunity.

303,

308

HB 275--Evans County; Board of Education; compensation.

131,137,205,207

HB 277--Ambulance Service Providers; compliance with EMSC Program.

262,

267, 638, 699, 734, 753

HB 278--Emergency 911 Systems; performance reports; public inspection. 492, 495

HB 279--Sales Tax for Education; Gwinnett County; proceeds distribution.

131,

138. 185, 188

HB 283--Ticket Brokers; requirements; prohibitions; exemption.

696, 697,

1247, 1328, 1394, 1443

HB 284--Child Support; enforcement mechanisms; duties under Uniform Interstate

Family Support Act.

567, 569, 1249, 1328, 1480, 1582, 1630, 2057

HB 287--Assisted Living; new category of facilities; licensing; regulation. 221,227

HB 288--Police Chiefs, Department Heads, Wardens; training required;

waivers.

695, 697, 791, 914, 1256, 1291

HB 289--Sheriff Offices' Nomenclature Act of 1997; enact.

533, 534, 611,

638, 1343, 1362

HB 290--Firearms; background records check; GCIC telephone service

hours. ................. ............ 782, 785, 952, 1017

HB 291--Appellate Courts; jurisdiction; appealable judgments and rulings.

223,

227, 359, 472, 957, 1394, 1443

HB 293--Grand Juries; witnesses; oath in criminal cases; perjury statute.

463,

466, 790, 914, 1835, 1923

HB 294--Corporations; business and nonprofit; extensive revisions. 303, 308, 345,

471, 498, 1257, 1310, 1315, 1342, 1350, 1352, 1379, 1393, 1640,

1783, 1851, 1978, 2371, 2388, 2407

HB 295--Injunction Cases Filed by Department of Human Resources and County

Boards of Health; supersedeas in contempt cases.

631, 635, 1071,

1121, 1835, 1997

INDEX

2439

HB 297--Authorities for Residential Care for the Elderly; additional powers. 263,

267, 468, 498, 921, 926

HB 298--Lien Actions; contracting parties with a contractor, subcontractor.

223,

228, 359, 472, 1394, 1427

HB 299--Teachers and Other School Personnel Transferring Employment; credited

unused sick and personal leave.

1223, 1228, 1466, 1467, 1834, 1902

HB 306--Intangible Recording Tax on Security Instruments; failure to pay.

723,

727, 1014, 1072, 1393, 1395

HB 307--Garnishment; summons upon financial institutions; delivery to

court. ..................

.... 944, 949, 1249, 1328, 1480, 1574, 1987

HB 308--Secretary of State; duties; officials directory; appoint Director, Department

of Archives and History; Georgia Capitoal Museum.

354, 357, 572,

613, 921, 925

HB 309--Municipal Elections; terms of office; change to 4 years.

724, 727,

1251, 1328, 1835, 2015

HB 313--Miller County Recreation Authority, Golf Course Project.

149, 155,

205, 207

HB 321--Civil Actions; depositions; subpoenas, issuance by an attorney.

463,

466, 612, 638, 1481, 1637

HB 322--Building Permits for Residential Improvements; information required;

licensing of home inspectors.

463, 466, 1248, 1328, 1481, 1751, 2011

HB 323--Union County; Probate Court; judge serve as chief magistrate

149, 156,

471, 474, 533

HB 324--Criminal Cases; impose fine; fund crime victim assistance program. 695,

697, 1249, 1328, 1479, 1543

HB 325--Medical Reports; admissibility in civil trials.

492, 496, 1016, 1072,

1257, 1307, 2058

HB 326--Missing Persons Investigations; persons with Alzheimers or

dementia.

945, 950, 1071, 1121, 1481, 1641

HB 329--Bad Checks; service charges; increase amount to $25.

224, 228,

270, 309, 1394, 1441

HB 330--Pharmacy Practice Act and Third-party Prescription Program

Law

1066, 1068, 1247, 1328, 1834, 1863, 2294, 2295, 2334, 2341

HB 331--Workers' Compensation; fraud investigations; hearings; servicing agents;

disability management specialists; benefits; billing errors. 533, 534, 790,

914, 1257, 1308, 1822

HB 333--Firemen's Pension Fund; premium tax assessed insurance

companies. ......

.................. 223, 228, 471, 498, 1835, 1985

HB 334--Public Retirement Systems; matters excluded from public

inspection. ................... ............. 491, 496, 611, 638, 797, 876

HB 337--Firemen's Pension Fund; change name; Firefighters' Pension Fund. 248,

252, 471, 498, 1834, 1899

HB 339--Employees' Retirement System; Benefit Payments; rules required to qualify

under federal tax laws.

463, 467, 611, 638, 1480, 1636

HB 340--Firemen's Pension Fund; rename Georgia Firefighter's Pension

Fund. .

.......................... 248, 252, 471, 498, 1834, 1899

HB 341--Clarkston, City; Office of Mayor or Council; filling vacancies.

199,

204, 255, 258

HB 345--Water System Operators; high school education requirements.

248,

252, 469, 498, 1342, 1356

HB 347--Misdemeanor Jurisdiction; marijuana cases; state, municipal courts. 341,

343, 790, 914, 1482, 1777

HB 348--Trial Judges and Solicitors; change mandatory retirement age to 75. 1114,

1117, 1466, 1467, 1836, 2038

HB 349--Corporations; limited liability partnerships; requirements.

248, 253,

1249, 1328, 1394, 1420

2440

JOURNAL OF THE SENATE

HB 351--Disabled Persons; Rights of Such Persons; use of service capuchin

monkeys.

463, 467

HB 355--Insurers; investment in foreign government bonds, securities.

695,

697, 1014, 1072, 1479, 1544, 2012

HB 369--Civil Actions; opening and concluding arguments; parties entitled

607,

608, 1326, 1328, 1482, 1776, 2012

HB 371--Medicaid Providers; refund of any prescription drug rebates.

222,

228, 497, 536, 1835, 2025

HB 374--Accountancy, Practice of; standards of competence; registration; firms or

certified public accountants.

1115, 1117, 1326, 1328, 1480, 1631

HB 377--Medicaid Fraud Forfeiture Act of 1997; enact.

782, 785, 1249,

1328, 1393, 1396, 1411, 2053, 2227

HB 378--Income Tax; job tax credit; qualifying businesses; Tier 1 counties.

782,

785, 1014, 1072, 1482, 1771

HB 380--Law Enforcement Personnel; repeal mandatory retirement age;

532,

535, 612, 638, 1835, 2023

HB 383--Middle School Program Grants; School Security Personnel Carrying

Firearms; litigation expenses for certain children.

908, 911,

1248, 1328, 1835, 1930, 2403

HB 387--Motor Vehicle Certificate of Title; joint interest; surviving owner.

533,

535, 1252, 1328

HB 388--Property Sold for Taxes; amount payable for redemption.

263, 267,

497, 536, 797, 899

HB 393--Public Schools; curriculum; character education program. 607, 608, 1014,

1072, 1480, 1564, 2012

HB 397--Sheriffs; annual training requirements; new sheriffs training.

355,

357, 611, 638, 1257, 1342, 1352

HB 398--Speed Detection; radar use; operation by a certified peace officer.

1065,

1068, 1252, 1328, 1482, 1789, 2041, 2242

HB 399--Criminal Restitution; damages arising out of a criminal act.

355, 357

HB 403--Norcross, City of; Amend Charter to mayor-council form of

government.

199, 204, 498, 500, 510, 1116

HB 407--Pardons and Paroles Board; members, employees; holding public

office.

630, 635, 789, 914, 957, 1343, 1360

HB 408--Divorce; awards of real property; filing, recording.

631, 635

HB 409--Driver's Education; authorize as high school program.

1064, 1068

HB 411--Stephens County; ad valorem tax exemption of $4,000.; referendum. 249,

253, 344, 361

HB 412--Stephens County; ad valorem tax exemption of $12,000.;

referendum.

249, 253, 344, 361

HB 413--Family Violence Shelters; disclosure of location unlawful; penalty.

355,

357

HB 415--Fire Extinguishers; servicing or installing upon own property; license

exemption. .... .... . ......... 355, 358,

612, 638, 1343, 1362

HB 416--Professional Counselors, Speech-Language, Mental Health;

licensing.

631, 635, 788, 914, 1834, 1854, 2256, 2266

HB 417--Income Tax Credit; homes with accessibility features; costs.

341,

343, 472, 498, 956, 959, 1987

HB 418--Ad Valorem Tax; commercial vehicles; separate class of property.

462,

467, 611, 638, 734, 776

HB 419--Ad Valorem; motor vehicles and heavy-duty equipment; two distinct and

separate subclasses.

782, 785, 1014, 1072, 1483, 1791, 1986, 2205, 2333

HB 420--Educators; definition; disciplinary actions; investigations; criminal records

check for employment.

782, 786, 1248, 1328, 1480, 1557, 2058

INDEX

2441

HB 423--Theft by Shoplifting; third or subsequent convictions; punishment.

567,

569, 792, 914, 1394, 1450, 2011, 2012

HB 424--Income Taxes; bank credit card data processors; change formula.

302,

308, 360, 470, 498, 539, 540

HB 425--Hotel-Motel Excise Tax; authority; convention and conference

center.

263, 267, 497, 536, 797, 886, 1238, 2206

HB 426--Deer Farming; agricultural operations; regulation; licensing.

248, 253,

268, 309, 797, 888, 1719, 1841, 1927, 1989, 2090, 2095, 2406

HB 428--Income Tax; job tax credit; telecommunication industries; businesses

expanding research; small companies growth incentives.

492, 496, 611,

638, 734, 754

HB 429--Ad Valorem Tax; county appraisal staff procedural manual.

607, 608,

1235, 1252, 1482, 1753

HB 430--Cobb County; Probate Court; judge and clerk; annual salary.

565, 570,

792, 795

HB 431--Retail Revolving Accounts; effective when certain conditions met.

567,

569, 792, 914, 1479, 1548

HB 432--Cobb Judicial Circuit; Superior Court; judges; salary supplement.

247,

254, 344, 361

HB 433--Land Surveying; errors and omissions, time period to recover damages;

maps, plats of Chattahoochee River stream corridor.

607, 609,

1250, 1328, 1834, 1901, 2331, 2339

HB 436--Cook County; Board of Commissioners; compensation.

247, 254,

344, 361

HB 438--At-risk or Delinquent Youth; incarceration within Department of

Corrections; repeal provision.

630, 636, 793, 914, 1257, 1301

HB 445--Nonprofit Hospital Authorities; conflicts of interest; charity care.

566,

570, 913, 953, 1256, 1290, 1343, 1370, 1376, 1844, 1919, 1920

HB 446--Between, Town of; new charter; incorporation.

247, 254, 1016, 1019

HB 447--Firearms; purchaser records check; dealer inquiries; telephone service

operational hours; loan or pawn transaction exemption.

1114,

1117, 1326, 1328, 1837, 2055, 2075, 2332

HB 448--Miller County; Board of Education; staggered terms of office.

247,

254, 344, 361

HB 451--Driver Training Schools; instructors; licenses valid for 4 years.

631,

636, 791, 914, 1257, 1302

HB 457--Cobb County; Superior Court; deputy clerk; compensation. 247, 254, 344,

362, 1394

HB 459--Ad Valorem; exemption; applicability to homestead, inventory, public

property; county tax digest deadlines.

463, 467, 611, 638,

1256, 1292, 1632, 1817

HB 460--Unemployment Compensation; weekly benefit amount; employer experience

rated contribution rates.

566, 570, 790, 914, 1343, 1361

HB 461--Commerce, City of; corporate limits; annex certain property

302, 308,

1467, 1468

HB 463-~Investment Portfolio of Certain Public Retirement Systems.

532, 535,

612, 638, 1834, 1859, 1863, 2403

HB 465--Medicaid; reimbursement; inpatient care for mental diseases.

781,

786, 1326, 1328, 1479, 1490, 2403

HB 470--Hazardous Waste Trust Funds; expenditures; liens in favor of state. 908,

911, 1015, 1072, 1481, 1638

HB 474--Food Service Establishments; hair nets required of food preparers. 1008,

1010, 1325, 1328, 1836, 2034

HB 478--Mortgage Lenders; homeowners insurance premiums; payment

liability. ...........................................

. 1114, 1117

2442

JOURNAL OF THE SENATE

HB 479--Revenue and Taxation; returns, payments, refunds, executions. ....... 492,

496, 611, 638, 797, 891, 897, 1242

HB 487--License Tags, Titles; decentralize registration functions; electronic

transactions; private vendors sell commemorative plates. .......... 1008,

1010, 1250, 1328, 1481, 1730, 2058

HB 489--Local Government Service Delivery Strategy; cooperative agreements. 781,

786, 1251, 1328, 1394, 1451, 2010

HB 490--Sales Tax; imposition procedures; notice to municipal officials.

907,

911, 1014, 1072, 1394, 1458, 2080, 2225

HB 491--Local Government Services, Financial Accounting; reporting of data. 781,

786, 1251, 1328, 1394, 1459

HB 492--Insurance Premium Tax Levied by Counties; expenditure of

proceeds. .......

1114, 1117, 1237, 1251, 1328, 1394, 1460

HB 493--Insurance Fraud; false claims to procure payment of benefits.

907,911

HB 496--Children and Youth Services/DCYS; service contracts; private

vendors.

......

............... 724, 727, 793, 914, 1394, 1442

HB 497--Children and Youth Services; compensate employee for certain

damages. ...............

724, 727, 793, 914, 1482, 1755

HB 499--License Plates; special; support U.S. Disabled Athletes Fund. ........ 566,

570, 953, 1017, 1342, 1356

HB 500--Alcoholic Beverages; new retail liquor store location; restrictions. . 1065,

1068, 1235, 1252, 1342, 1357

HB 503--Gwinnett County; Superior Court; judges; salary supplement.

. 262,

267, 913, 917

HB 505--Fire Protection Systems, Water Sprinklers; regulation; licensing. . 1114,

1117, 1247, 1328, 1482, 1790, 2058

HB 506--Juvenile Law Enforcement Records of Felony Offenses; maintenance

of. ....................

355, 358, 1466, 1467, 1834, 1845, 2403

HB 508--Hotel-Motel Excise Tax; authority; community auditorium or

theater.

532, 535, 611, 638, 798, 904, 921, 939, 942, 956, 959, 1823

HB 510--Hazardous Waste Management and Substance Reporting; fee

waivers.

.......

... 630, 636, 791, 914, 1256, 1258

HB 517--Income Tax; credit for qualified family caregiving expenses; refund setoff for

debts owed to political subdivisions. 1221, 1226, 1325, 1328, 1481, 1702,

2011, 2068, 2070

HB 524--Property Records Indexes and Real Estate Data; uniform format.

567,

570, 792, 914, 1479, 1545

HB 528--Water; sewage wastewater pollutants; sewer connections;

ground-water.

1219, 1224, 1249, 1328, 1835, 2013, 2347, 2359, 2361

HB 531--Sales Tax; special county 1%; purposes; expenditure of proceeds.

1064,

1068, 1235, 1252, 1834, 1917, 2080

HB 533--Mortgages; perfecting instrument securing obligations of railroad or utility

corporations; nonconforming liens. .......... .......... 781, 786

1250, 1328, 1481, 1726, 2013

HB 535--Atlanta, City of; ad valorem tax exemption; increase for elderly.

780,

787, 1467, 1469, 1479, 1977, 2230, 2256

HB 540--Greene County; Probate Court; judge; nonpartisan nomination,

election. ........

.......

. 341, 344, 471, 474

HB 543--Elections; voting by absentee ballot without giving reason. . . . . 365, 1251,

1328

HB 553--Medical Reimbursement Claims When Insured Compensated for

Damages. . . . . ........

724, 727, 1466, 1467, 1834, 1904, 2256

HB 557--Georgia Forensic Sciences Act of 1997; enact.

1065, 1068, 1466, 1467,

1834, 1842, 2403

INDEX

2443

HB 558--Office of Treasury and Fiscal Services; restrict access to certain records;

authorized deposits and investments.

1221, 1226, 1251,

1328, 1482, 1755

HB 567--School Safety Act; enact.

1115, 1118, 1466,

1467, 1834, 1910, 2174, 2199, 2334, 2340, 2388, 2394, 2407

HB 570--Banks; cashing checks drawn on customer account; prohibit

charge fee.

1065, 1069, 1247, 1328, 1480, 1578

HB 572--Punitive Damage Awards; tort cases involving intoxicating

agents.

1223, 1229, 1466, 1467, 1835, 1978, 2403

HB 573--Insurers Acquiring Investments; Investment Pool Act of 1997.

695,

697, 1014, 1072, 1480, 1549, 2081, 2148

HB 574--Driver's License; applicant social security number; prohibit usage.

696,

698, 1252, 1328, 1481, 1701

HB 575--Tattnall County; Magistrate Court; nonpartisan elections.

462, 467,

536, 538

HB 578--Dooly County; Tax Commissioner; change salary.

462, 467, 573, 574

HB 582--Tattnall County; Probate Court; nonpartisan elections. 462, 468, 536, 538

HB 583--Regional Housing Authorities; boards of commissioners;

composition.

781, 786, 1251, 1328, 1394, 1426

HB 584--Insurers; liquidation proceedings, distribution of claims; surplus line

insurers; Drug-Free Workplace premium discounts.

782, 787,

1248, 1328, 1394, 1479, 1484, 2058

HB 587--Driver Records; privacy of personal information; restricted access.

630,

636, 1071, 1121, 1257, 1342, 1343, 1349, 1823

HB 591--Trion, Town of; mayor and town council; reconstitute powers.

462, 468,

536, 538

HB 592--Civil Actions; venue under long-arm statute over non-residents.

1066,

1069, 1326, 1328, 1482, 1790

HB 598--Liberty County; State Court; judge, solicitor; annual salary.

462, 468,

536, 538

HB 600--Hospitals Owned by Nonprofit Corporations; acquisition

requirements.

1115, 1118, 1326, 1328, 1479, 1536, 2013

HB 601--Wilcox County; Board of Commissioners; compensation.

491, 496,

573, 574

HB 602--Alpharetta, City of; Change Corporate Limits.

629, 637, 731, 733

HB 604--Environmental Testing Data; commercial laboratories;

accreditation.

1114, 1118, 1250, 1328, 1480, 1631

HB 606--Fulton County; Library Board of Trustees; qualifications.

906, 912,

1121, 1123

HB 608--Emanuel County; Board of Commissioners; vacancies 491, 497, 573, 574

HB 609--Hotel-Motel Excise Tax; cap aggregate tax rates; guest charges.

1222,

1228, 1466, 1467, 1834, 1907, 2334, 2340

HB 612--Waste Management; landfills; expansion permits; hearings prior entering

certain contracts; scrap tires; deactivating authorities.

1219, 1224,

1250, 1328, 1481, 1640

HB 617--Meriwether County Airport Authority Act.

532, 535, 612, 615

HB 620--Bail; out-of-state bail jumping; principal used false name.

631,

636, 1250, 1328, 1480, 1555, 1986

HB 621--Council on Rural Transportation and Economic Development.

1008,

1011, 1252, 1328, 1836, 2039, 2404

HB 622--Juvenile Justice Department and Board; successor entity to Department of

Children and Youth Services.

782, 787, 1013, 1072, 1343, 1370

HB 624--Motor Vehicles Purchased Public Funds; visible identifying

markings.

1066, 1069

HB 627--Walker County; Board of Elections and Registration; creation.

1230,

1233, 1327, 1329

2444

JOURNAL OF THE SENATE

HB 630--Automated Teller Machines/ATMs; transaction fees charged

customers.

1065, 1069, 1247, 1328, 1835, 2022

HB 631--Heard County; Board of Education; compensation method.

565,571,

638, 640

HB 635--Georgia Election Code; enact numerous revisions; change

definitions.

1064, 1069, 1237, 1327, 1328, 1394, 1461, 1481, 1654, 2011

HB 639--Chatham County, Savannah School District; ad valorem tax

exemption. .......................... .... . . 532, 535, 613, 615

HB 640--McDuffie County; Board of Education; compensation.

532, 535,

612, 615

HB 641--Bulloch County; Probate Court; judge; nonpartisan elections.

532,

536, 612, 615

HB 643--Mclntosh County; Board of Commissioners; new election districts; comply

court order.

532, 536, 1327, 1329

HB 644--State Symbols; official Scottish tartan design designation.

907, 911,

1251, 1328, 1835, 2009

HB 650--Community Trusts; death of life beneficiary; distribution of assets. 1065,

1069, 1249, 1328, 1480, 1635

HB 651--Notification of Deceased Persons; failure to give notice penalty.

783,

787, 1016, 1072, 1482, 1782, 2011

HB 653--Blythe, City of; new charter; reincorporate.

722, 728, 913, 917

HB 654--Health Insurance; portability of coverage; conform federal laws.

630,

636, 1014, 1072, 1834, 1914

HB 655--Jefferson County State Court; judge and solicitor; compensation

565,

571, 638, 640

HB 657--Floyd County; Hospital Authority; filling of vacancies 565,571,913,917

HB 658--Floyd County; Board of Commissioners; staggered terms

565, 571,

913, 917, 918, 1009

HB 662--Richmond County and Augusta Consolidated Government; designate

name. ................ .......................... 565, 571, 2059, 2061

HB 663--Enterprise Zone Employment Act of 1997; enact.

1222, 1227,

1247, 1328, 1482, 1756, 1844, 1858, 1921, 1934, 2243, 2406

HB 673--Training; police officers and law enforcement support personnel.

1115,

1118, 1466, 1467, 1836, 2044, 2404

HB 675--Lincoln County; Board of Commissioners; staggered terms; meetings 566,

571, 638, 640

HB 676--Webster County; Board of Elections and Registration; create.

566,571,

2059, 2061

HB 681--Teenage and Adult Driver Responsibility Act; enact.

723, 727,

1121, 1236, 1256, 1260, 1285, 1288, 1289, 1822

HB 682--Alcoholic Beverages; sales at University System facilities, events.

722,

728, 1014, 1072, 1256, 1257

HB 684--Donalsonville, City of; new charter; incorporation; powers.

606,

609, 699, 701

HB 687--Pelham, City of; Independent School District; tax millage rate.

606,

609, 699, 701

HB 689--Marriage Licenses; recording; report form and content; ceremonies. 695,

698, 792, 914, 1480, 1561, 2012

HB 691--Talbot County; Board of Education; election districts

606,

609, 699, 701

HB 692--Talbot County; Board of Commissioners; election districts

606,

609, 699, 701

HB 693--Dawson-Terrell County Airport Authority Act.

606, 609, 699, 701

HB 694--Peach County Water and Sewer Authority; members; terms.

606,

609, 699, 701

INDEX

2445

HB 695--Motorcycle Safety Training Program; administration; coordinator.

944,

950, 1252, 1328, 1482, 1773

HB 706--Hotel-Motel Excise Tax; International-Maritime Trade Center;

museums.

1055, 1070, 1235, 1252

HB 708--Telemarketing, Computer Networks, Home Repairs; unlawful sales

practices; theft, fraud or deceit; civil and criminal penalties. 1114, 1118,

1247, 1328, 1394, 1446, 2012

HB 710--Macon-Bibb County Industrial Authority; projects; site development. 606,

610

HB 711--Carroll County State Court; solicitor; compensation

607, 610, 699, 701

HB 712--Deceptive or Unfair Trade Practices; judgments; collections; fees.

945,

950, 1013, 1072, 1482, 1761

HB 713--Carroll County; Coroner; compensation.

607, 610, 699, 702

HB 718--Meriwether County; Board of Commissioners; elections

607, 610,

699, 702

HB 719--Rewards for Apprehension of Felony Criminals; authorized

amounts.

1221, 1226, 1383, 1481, 1718

HB 721--Fulton County; Medical Examiner; selection; term; compensation.

906,

912, 953, 955

HB 727--Habersham County State Court; judge, solicitor; compensation

629,

637

HB 731--Webster County; Motor Vehicle Registration; tag sales; nonstaggered

period.

629, 637, 1823, 1829, 1831, 1833, 1903

HB 732--Macon-Bibb County Board of Health; applicable state laws; repeal local

constitutional amendment.

629, 637, 1072, 1074

HB 733--Bibb County; Board of Commissioners; filling of vacancies

629,637,

1072, 1074

HB 739--Effmgham County; State Court; judge; change salary

906, 912,

1016, 1019

HB 741--Bryan County; Tax Commissioner; compensation; benefits; personnel. 630,

637, 731, 733

HB 744--Public Records; confidentiality of Social Security Numbers.

1220, 1225

HB 745--Arbitration Code; contracts between insurance companies.

1008, 1011,

1248, 1328, 1481, 1638

HB 746--Bibb County; Civil Court; judge; retirement.

630, 638, 1072, 1074

HB 748--Warner Robins, City of; Run-off Elections.

630, 638, 792, 795

HB 755--Peace Officers; Children & Youth Services law enforcement unit.

1219,

1225, 1326, 1328, 1482, 1788

HB 761--Georgia Commission on Women; clarify official activities,

expenses.

1129, 1223, 1326, 1328, 1480, 1567

HB 764--Toombs County; Board of Commissioners; compensation; vehicles.

694,

698, 792, 795

HB 766--Richmond County; Certain Elected County Officials;

compensation. ............................................ 1493, 1549

HB 768--Columbus, City of; Municipal Court; fees, court costs. 694, 698, 793, 795

HB 769--Columbus, City of; Municipal Court; judge; annual salary.

694, 698,

792, 795

HB 770--Muscogee County; State Court; judges; change compensation

694, 698,

792, 796

HB 771--Muscogee County; Probate Court; judge; annual

salary ............ ................................. 694, 698, 792, 796

HB 772--Muscogee County; State Court; solicitor; annual

salary

.............................. ... 694, 699, 792, 796

HB 774--Savannah-Chatham County Board of Education; members;

compensation

695, 699, 1823, 1830

2446

JOURNAL OF THE SENATE

HB 775--Cobb County; Board of Elections and Registration; term

limitations

695, 699, 792, 796

HB 776--Cherokee County; Water and Sewerage Authority; trunk lines installation;

limitations .......................................... 722, 728, 914, 917

HB 777--Cherokee County; ad valorem; exemption; HOST Tax revenue

proceeds.

722, 728, 913, 917

HB 778--International and Maritime Trade Center Authority; add member.

695,

699, 793, 796

HB 783--Acworth Area Convention and Visitors Bureau Authority; creation. 722,

728, 913, 917

HB 784--Kennesaw, City of; Change Corporate Limits.

722, 728, 913, 918

HB 785--Baldwin County; ad valorem tax exemption; leased homesteads.

723,

728, 913, 918

HB 787--Waycross, City of; Police Court; restyle as Municipal Court

723, 729,

1236, 1239

HB 789--Cobb County State Court; solicitor-general; compensation

723, 729

HB 791--Peace Officer Certification; municipal correctional officers; administrative

investigators.

1222, 1228, 1326, 1328

HB 793--DeKalb County; Tax Commissioner; compensation

723, 729,

1327, 1329

HB 794--Catoosa County; Tax Commissioner; clerical help allowance

1006, 1011,

1121, 1123

HB 795--Catoosa County; Superior Court; judge and clerk; clerical

allowance

1006, 1011, 1121, 1123

HB 796--Hogansville, City of; Office of City Manager created.

780, 788,

1016, 1019

HB 797--Ware County; State Court; judge and solicitor; compensation

723, 729,

1467, 1469

HB 798--Waycross, City of; Change Corporate Limits

723, 729, 1236, 1239

HB 799--Winder, City of; Mayor; repeal two-term limit

723, 729, 913, 918

HB 803--Local Authorities; financing; prohibit issue certain obligations.

1220,

1226, 1325, 1328, 1481, 1700

HB 805--Putnam County; State Court; existence and situs; modernize

provisions

780, 788, 1016, 1019

HB 806--Miller County Recreation Authority Act

780, 788, 952, 955

HB 807--Stewart County; Board of Commissioners; chairperson; duties; purchases;

compensation.

780, 788, 953, 955

HB 829--Richmond Hill Area Convention and Visitors Bureau Authority;

members. ........................................ 780, 788, 1072, 1074

HB 830--Senior Volunteer or Foster Grandparent Programs; license

exemption.

1114, 1118, 1248, 1328, 1480, 1573

HB 833--Carroll County; Board of Elections; repeal Act creating.

780, 787,

1251, 1328, 1836, 2046, 2081, 2242

HB 834--Alcoholic Beverages; farm winery sales; brewery tours; brewpub

sales.

1221, 1227, 1247, 1328, 1482, 1770, 2058

HB 838--Chattooga County; ad valorem school tax exemption; certain

residents. . . ........................... ............ 781, 788, 953, 955

HB 840--Cemeteries or Memorials; criminal offense of vandalism;

punishment.

1221, 1227, 1250,

1328, 1836, 2035, 2221, 2234, 2332, 2339, 2394, 2395

HB 841--Nurses, Registered Professional; identify title on name tag.

1220,

1225, 1248, 1328, 1481, 1721, 2333, 2344

HB 845--Official BBQ Championship Cookoffs; designate Hawkinsville 'Shoot the

Bull' and Dooly County 'Slosheye Trail Big Pig Jig1.

1219, 1224,

1251, 1328, 1480, 1573

INDEX

2447

HB 849--Chatham County; Probate Court; judge; change compensation

906, 912,

1016, 1019

HB 850--Chatham County; Magistrate Court; magistrates; compensation. . . . . . 906,

912. 1016, 1019

HB 854--Pickens County; ad valorem school taxes; senior citizen exemption.

906,

912, 1016, 1020, 1021, 1386, 1389, 1821

HB 855--Pickens County; ad valorem; exemption of $5,000; referendum.

907,

912. 1016, 1020, 1021, 1386, 1389, 1821

HB 856--Pickens County; ad valorem school taxes; exemption of $5,000.

907,

913. 1016, 1020, 1021, 1386, 1389, 1821

HB 857--Thomas County; Board of Education; per diem allowance.

907,

913. 1121, 1123

HB 861--Social Circle, City of; School District; board of education election districts;

charter for Academy of Social Circle

907, 913, 1016, 1020

HB 866--Golf Hall of Fame Authority Act; enact.

1064,1070,1248,

1328, 1479, 1547

HB 869--Certificate of Title; exclusion; vehicles 15 or more years old.

1219,1225,

1252, 1328, 1479, 1546, 1987

HB 877--Bulloch County; Tax Commissioner; compensation

944, 950, 1072, 1074

HB 878--Mclntyre, Town of; organization; election districts; corporate limits . 944,

950, 1236, 1239

HB 879--Mclntosh County; Motor Vehicle Registration; nonstaggered period. . 944,

950. 1327, 1329

HB 882--Monroe, City of; city administrator.

944, 951, 1121, 1123

HB 883--Grantville, City of; mayor and councilmembers; 4-year terms.

944,

951. 1072, 1074

HB 888--Telephone Service; implementation of 22 mile toll-free expanded calling

area; concurrent rate increase; subscriber balloting. .......... 1208, 1224,

1325, 1328, 1480, 1632, 1844, 1920, 1986, 2009, 2063, 2341, 2344, 2407

HB 889--Voting; absentee ballots; fraud warning; applications for elderly or disabled;

poll officers; inactive elector lists.

1115, 1119, 1251, 1328, 1394, 1428,

1437, 1479, 1483, 2058

HB 892--Liberty County; Magistrate Court; ratify judicial actions

944,951,

1121, 1123

HB 899---Chatham County; State Court; change term of court

1006,1011,

1121, 1124

HB 900--Cobb County; State Court; judges; compensation

1006, 1012,

1121, 1124

HB 901--Cobb County; Tax Commissioner's Office; personnel;

compensation. ....................

1006, 1012, 1121, 1124

HB 902--Hancock County; Board of Commissioners; compensation

1006, 1012,

1236, 1239, 1240, 1241, 1320

HB 903--Lincoln County Recreation Authority Act

1007, 1012, 1121, 1124

HB 904--Franklin County Public Building Authority Act

1007, 1012, 1121, 1124

HB 906--Franklin County; Board of Commissioners; terms; voting;

personnel. . . . . .

.................... 1007, 1012, 1121, 1124

HB 909--Carroll County; provide for a Board of Elections.

1007, 1012,

1121, 1124

HB 912--Albany High School Stadium Authority; perpetual existence.

944,

951, 1072, 1075

HB 914--Students Scholarships; eligibility; University System ROTC

programs.

................. 1222, 1228, 1326, 1328, 1481, 1749, 2010

HB 915--Cobb Judicial Circuit; District Attorney and Assistants; change

compensation .............

.............. 1007, 1012, 1327, 1330

HB 916--Cobb Judicial Circuit; Senior Assistant District Attorneys; appointment,

compensation

1007, 1013, 1327, 1330

2448

JOURNAL OF THE SENATE

HB 917--Cobb Judicial Circuit; Assistant DAs; Investigators; number;

salary. ....

...

........... 1007, 1013, 1327, 1330

HB 918--Warren County; Board of Commissioners; compensation

1007, 1013,

1382, 1385, 1386, 1389, 2011, 2235

HB 919--Douglas County; Board of Commissioners; compensation

1113,1119,

1251, 1254

HB 920--Douglasville Convention and Conference Center Authority

1007, 1013,

1121, 1124

HB 922--Irwin County; Board of Commissioners; staggered elections

1007, 1013,

1121, 1124

HB 925--Effingham County; ad valorem; exemption for senior citizens.

1063,

1070. 1236, 1239

HB 927--Willacoochee, City of; Mayor and Aldermen; powers; utility

services.

.......... 1063, 1070, 1236, 1240

HB 928--Willacoochee, City of; Mayor and Aldermen; elections; oath;

vacancies.

...

............ 1063, 1070, 1236, 1240

HB 929--Metter, City of; new charter.

1113, 1119, 1251, 1254

HB 931--Pataula Judicial Circuit; Superior Court; judges; salary

supplements.

1063, 1071, 1251, 1254, 1256, 1465

HB 933--Chehaw Park Authority; membership; chief executive officer.

1063,

1071. 1251, 1254

HB 935--Midway, City of; Change Corporate Boundaries.

1063, 1071, 1327, 1330

HB 938--Dooly County; ad valorem exemption; elderly citizens;

referendum.

. . . 1380, 1382, 1823, 1830

HB 939--Lottery Funded Scholarships; eligibility of students in DCYS school. 1222,

1227

HB 948--Cobb County; State Court; clerk and chief deputy; compensation

1113,

1119, 1327, 1330

HB 956--Bartow County; Board of Education; terms, districts, election.

1113,

1119, 1382, 1385

HB 958--House of Representatives; election districts; change descriptions.

1219,

1224, 1327, 1328, 1835, 2025

HB 960--Wilkinson County; Board of Commissioners; compensation.

1113,

1119, 1251, 1254

HB 961--Wilkinson County; Board of Education; compensation.

1113, 1119,

1251, 1254

HB 963--Griffin Judicial Circuit; Superior Court; judges; county

supplements.

1221, 1226, 1251, 1328, 1480, 1579, 1851, 2076, 2077

HB 965--Wayne County; State Court (City Court of Jesup); change term.

1230,

1233, 1327, 1330

HB 966--Odum, City of; new charter; reincorporate.

1230, 1233, 1327, 1330

HB 967--Valdosta Community Improvement Districts Act 1230, 1233, 1327, 1331

HB 968--Muscogee County; Superior Court; judges; salary supplement.

1230,

1233, 1382, 1385

HB 969--Henry County; Board of Commissioners; qualifications

1230, 1233,

1327, 1331

HB 973--Henry County; ad valorem; increase homestead exemption to

$15,000.

...........

1231, 1234, 1327, 1331

HB 975--Henry County; ad valorem exemption; elderly persons;

referendum

........

1231, 1234, 1327, 1331

HB 976--Hancock County; Board of Elections and Registration; create 1231,1234

HB 980--Wilkes County; Coroner; employment benefits.

1231, 1234, 1327, 1331

HB 983--Shellman, City of; change corporate limits.

1231, 1234, 1823, 1830

HB 984--Barrow County; ad valorem; homestead exemption

1231, 1234

HB 985--Barrow County; ad valorem school taxes; exemption; age and

income.

1231, 1234

INDEX

2449

HB 986--Byron Convention and Visitors Bureau Authority Act.

1231, 1235,

1327, 1331

HB 989--Banks County; ad valorem; increased exemptions; senior

citizens.

1231, 1235, 1327, 1331

HB 990--Madison County; Board of Commissioners; meetings; voting; office hours;

vehicles.

.............

1232, 1235, 1823, 1830

HB 994--Bibb County Civil Service System; administrative work; secretary; appeals;

hearing officers; personnel ..........

1232, 1235, 2059, 2061

HB 998--City of Mount Zion; expand corporate limits.

1242, 1245, 1382, 1385

HB 999--Atlanta, City of; City Council; meetings; public comments.

1242, 1246

HB 1001--Columbus, City of; Municipal Court; clerk, marshal;

compensation.

. . . . . ................ 1242, 1246, 1382, 1385

HB 1002--Cobb County; Juvenile Court; judges; change compensation

1243, 1246,

1382, 1385

HB 1003--Whitfield County; Sales Tax for Education; proceeds for county, Dalton

school systems.

1243, 1246, 1382, 1385

HB 1004--Chatham County; Superior Court; judges; nonpartisan nomination and

election

. . ..

1243, 1246

HB 1005--Eastern Judicial Circuit; Superior Court; chief judge; salary

supplement

.................. 1318, 1324, 1823, 1830

HB 1008--Tallapoosa Judicial Circuit; Juvenile Court Judge; salary; law

practice. ....................

1221, 1227, 1251, 1328, 1482, 1773

HB 1009--Chattooga County; ad valorem school taxes; exempt elderly

citizens.

..................... 1243, 1246, 1382, 1386

HB 1010--City of Pooler; expand corporate limits

1243, 1246

HB 1011--Irwin County; Board of Commissioners; chairperson; salary

1243, 1246,

1382, 1386

HB 1012--Macon County; Magistrate Court; chief magistrate appointment

1243,

1247, 2059, 2061

HB 1013--Review of Pretrial Proceedings in Death Penalty Cases;

procedures.

............. 1222, 1227, 1326, 1328, 1479, 1492

HB 1014--Habersham County; State Court; judge, solicitor; terms; compensation;

practicing law.

........ 1243, 1247, 1382, 1386

HB 1016--Richmond County State Court; create second division; successor to

Municipal Court.

1316, 1321, 1467, 1469, 1471, 1479, 1574, 2009, 2041,

2046, 2145, 2147, 2406

HB 1017--Madison County; County Employees; eliminate mandatory

retirement ........

...

1316, 1321

HB 1018--Decatur County; Town of Brinson; incorporation and powers. . . . . . 1316,

1322, 1467, 1469

HB 1019--Richmond County; State Court; solicitor; full-time position

1316, 1322,

1467, 1469, 1479, 1822

HB 1020--Richmond County; State Court; additional judge; chief judge

1316,

1322, 1467, 1469, 1479, 1822

HB 1021--Walker County; State Court; judge; secretary's compensation. ...... 1316,

1322, 1467, 1470

HB 1022--Pulaski County; Board of Education; nonpartisan elections.

1317, 1322,

1467, 1470

HB 1023--Crisp County; ad valorem school taxes; exemption for elderly.

1317,

1322. 1467, 1470

HB 1024--Murray County; Ad Valorem; homestead exemption of $12,000.; senior

citizens.

...

1317, 1322, 1467, 1470

HB 1025--Murray County; ad valorem tax exemption based upon income.

1317,

1323. 1467, 1470

HB 1026--Haralson County; Water Authority; purchases and sales

1317, 1323,

1467, 1470

2450

JOURNAL OF THE SENATE

HB 1027--Coffee County; Board of Education; members; compensation

1317,

1323, 1467, 1470

HB 1028--Bainbridge, City of; extend corporate limits.

1317, 1323, 1467, 1470

HB 1029--Forest Park, City of; City Council; elections; districts

1317, 1323, 1467,

1470

HB 1030--Lowndes County; Board of Commissioners; election districts

1317,

1323, 1467, 1471

HB 1031--Savannah, City of; City Manager; supervision of city personnel.

1317,

1323

HB 1032--Chatham County; Recorder's Court; chief judge; supervision of

personnel. ...................... ......... ........... 1318, 1324

HB 1034--Dodge County; Board of Commissioners; multimember board;

composition

1318, 1324, 1823, 1830

HB 1035--Chatham County; & County Attorney; option for an in-house county

attorney. .

.............

...... 1318, 1324, 1823, 1830

HB 1036--Chatham County; Officers; state court clerk; coroner;

compensation

1318, 1324, 1823, 1830, 1831, 1833, 1922, 2074

HB 1037--Lee County; Water and Sewer Service; private franchises

1318, 1324,

1467, 1471

HB 1038--Wilkes County; Hospital Authority; filling of vacancies.

1318,1324,

1467, 1471

HB 1040--Towns County Recreation Authority Act

1380, 1382, 1823, 1831

HB 1044--Newton, City of; Municipal Elections; mayor and council members. 1417,

1457, 2059, 2061

HB 1045--Paulding County; Board of Commissioners; additional members; election

districts; compensation; personnel; audits; spending limits.

1380,

1382, 1467, 1471

HB 1046--Tifton, City of; Extend Corporate Limits; referendum

1417, 1457,

1823, 1831

HB 1048--Tifton, City of; New Charter .................... 1417, 1457, 1823, 1831

HB 1051--Banks County; Board of Commissioners; compensation 1417,1457,1823,

1831

HB 1052--Jenkins County Development Authority; membership; procedures. 1417,

1457, 1823, 1831

HB 1053--Savannah, City of; Corporate Limits; include Hutchinson Island east of

bridge.

1418, 1458, 1823, 1831, 1833, 1921

HB 1060--Bacon County; Board of Commissioners; voting on matters

1850,

1853, 2059, 2061

HB 1061--Jasper County; Office of Sheriff; vacancies; elections; chief deputy

1850,

1853, 2059, 2061, 2062

HB 1062--Patterson, City of; change corporate limits

1850, 1853, 2059, 2061

HB 1063--Laurens County; Board of Education; nonpartisan election of

members.

1850, 1853, 2059, 2062

HB 1064--Forsyth County; State Court; terms; judicial assistance.

1850, 1854,

2059, 2062

HB 1068--Turner County; Board of Elections; chairperson serve chief

registrar. ................ ................... 1850, 1854, 2059, 2062

INDEX

2451

HOUSE RESOLUTIONS

HR 9--House Convened; notify Senate.

13

HR 11--General Assembly Convened; notify Governor.

13, 28

HR 12--General Assembly; Joint Session; state of state message.

13, 28

HR 13--Supreme Court Justices and Appellate Judges; invite General

Assembly.

13, 29

HR 14--General Assembly; budget message from Governor; January 16.

13,

29, 60

HR 15--Chief Justice Robert Benham; address General Assembly Joint

Session. ................................................... 13, 29, 75

HR 16--General Assembly; Adjournment; January 17 to January 27; Session recess

schedule.

13, 46, 75, 103,

130, 177, 221, 261, 340, 461, 530, 605, 693, 779, 942, 1005, 1112, 1241,

1378, 1820

HR 21--Claims Against the State; Andrew Steven Jenkins; compensate.

1115,

1119, 1325, 1328, 1392

HR 22--Claims Against the State; Darla J. Alfredson; compensate.

1115, 1120,

1325, 1328, 1392

HR 43--Claims Against the State; Joan Smith; compensate.

1115, 1120,

1325, 1328, 1392

HR 44--Carbon Monoxide Poisoning; urge publicity to alert public to

dangers.

249, 253, 791, 914, 1480, 1566

HR 47--State Capitol Medical Aid Station; James A. Kaufmann, M.D.

portrait.

104, 108, 255, 270, 362, 364

HR 48--University System; priority admission policy for Georgia residents.

492,

496, 790, 914, 957, 1480, 1566

HR 49--Designate; Hugh L. Logan Interchange; Athens-Clarke County.

133,

137, 613, 638, 703, 720

HR 82--Waycross-Ware County Charter and Unification Study Committee.

463,

468, 1250, 1328, 1836, 2048

HR 105--Regional Development Centers; change boundaries; transfer Pulaski County

from Heart of Georgia-Altamaha RDC to Middle Georgia RDC 264, 267,

471, 498, 797, 900

HR 106--Veterans Memorial Parkway; designate in Effingham County.

133, 137,

793, 914, 1021

HR 112--Designate; Jack Eubank Memorial Highway; Columbia County

249,

253, 793, 914, 1021

HR 113--Claims Against the State; Wendy L. Roslund; compensate.

1115,

1120, 1325, 1328, 1392

HR 139--Property Conveyance; Bibb County; tract exchange; Wiggins

Associates.

133, 137, 183, 205, 311, 313

HR 142--Property Conveyances; Decatur County; Dougherty County.

567,

570, 789, 914, 1834, 1916, 2404

HR 145--Claims Against the State; Chad B. Kee; compensate.

1115, 1120,

1325, 1328, 1392

HR 159--Designate; Reverend Charles Walter Hayes Memorial Highway and

Bridge.

264, 268, 793, 914, 1021

HR 167--Property Conveyance; unimproved portion of Pelham Farmer's

Market.

464, 467, 611, 638, 735, 776

HR 168--Claims Against the State; Daniel W. Vining; compensate.

1116, 1120,

1325, 1328, 1392

HR 174--Chemical Weapons Incinerator, Anniston, Ala.; urge public

hearings.

249, 253, 269, 309, 734, 752

2452

JOURNAL OF THE SENATE

HR 176--Claims Against the State; Nadine LaVerne Carter; compensate.

1116,

1120, 1325, 1328, 1393

HR 214--Toccoa-Stephens County Governmental Consolidation Study

Committee.

224, 228, 954, 1016, 1020

HR 215--Designate; George W. Ross Highway; City of Eton; Murray County. 492,

496, 793, 914

HR 245--Designate; Chet Atkins Parkway; Wendall Bagwell Parkway.

355,

358, 793, 914, 1021, 1022, 1023, 1125, 1126, 1127, 1242

HR 246--Claims Against the State; Mr. and Mrs. William E. Lee;

compensate.

1116, 1120, 1325, 1328, 1393

HR 247--Claims Against the State; Thomas and Sue Spelts; compensate.

1116,

1120, 1325, 1328, 1393

HR 248--Claims Against the State; George Calhoun; compensate.

1116, 1120,

1325, 1328, 1393

HR 249--Graduate Medical Education Study Commission.

1066, 1070,

1327, 1328, 1836, 2048

HR 254--National Defense; Selective Service Registration; commend;

encourage.

607, 609, 789, 914, 1257, 1302

HR 258--Designate; communities on Georgia Treasures Along 20 Trail.

224, 228,

269, 309, 921, 938

HR 268--Designate; Memorial Bridges to honor Alien B. Fulford, James Robert

Googe, Clarence Loman Gaskins and Wherry L. 'Dub' Abercrombie 945,

950, 1252, 1328, 1389, 1390, 1392, 1987

HR 271--Property Conveyance; surplus Georgia Forestry Commission properties;

Douglas and Clinch Counties.

632, 636, 789, 914, 1343, 1363, 1822

HR 272--Property Conveyance; Taylor County; surplus National Guard

Armory.

631, 637, 789, 914, 1343, 1366

HR 281--Reserve Officers Association Month; declaring.

264, 271

HR 287--Designate; Cora Williams Intersection; City of East Ellijay.

1223,

1228, 1252, 1328, 1389

HR 288--Designate; N. A. West Bridge in Gilmer County; Captain Henry Will Jones

Bridge in Lanier County.

1220, 1225, 1252, 1328, 1389

HR 289--Designate; William Crittenden Building at Central State Hospital.

567,

570, 1016, 1072, 1125

HR 296--Amend Constitution; provide for a Georgia Citizens Commission on

Compensation of Public Officials.

1220, 1226, 1325, 1328, 1834, 1846,

1850, 2036, 2037, 2056, 2175, 2396, 2400

HR 298--Brook Run Mental Health Facility; commend; urge continued

funding. .......... .......................... ......

342, 358

HR 313--Claims Against the State; Alfonzo Price; compensate.

1116, 1120, 1325,

1328, 1393

HR 324--Designate; Trail of Tears Highway; portion S.R. 225; Gordon

County. .... ............ ............ 783, 787, 1252, 1328, 1389

HR 326--Joint Coastal Ground-Water Resources Study Committee; and Upper

Floridan Aquifer Technical Advisory Committee.

1008, 1011,

1467, 1836, 2047, 2051, 2404

HR 362--Civics Day; urge establishment in public schools.

1008, 1011,

1325, 1328, 1836, 2037, 2403

HR 366--Electronic Communications, Internet Access; urge minimize

taxation. ........................... 783, 787, 1016, 1072, 1482, 1775

HR 382--Designate; Brooks Pennington Memorial Parkway; Highway 441

bypass. ................................... 1219, 1224, 1252, 1328, 1390

HR 398--Regional Development Centers; change boundaries; transfer Jasper County

from Middle GA RDC to Northeast GA RDC.

1223, 1229,

1251, 1328, 1834, 1916

INDEX

2453

HR 401--Property Conveyance; Atlanta; convey lease for recreation facility. 1066,

1070, 1235, 1252, 1343, 1367

HR 404--Smith, W. T., M.D.; commend.

696, 700

HR 425--Historic Preservation and Community Revitalization; study

committee. ............................... 1222, 1227, 1467, 1837, 2048

HR 436--General Assembly; adjournment March 7; reconvene March 11.

901

HR 457--Teen Pregnancy Prevention; DHR Programs; ensure abstinence

education.

1223, 1229, 1248, 1328, 1412, 2022, 2070, 2071

HR 464-^Joint Georgia Transportation Study Committee.

1219, 1224,

1467, 1837, 2048, 2050

HR 492--MARTA Olympic Games Spectator Transportation System;

commend.

1066, 1120, 1252, 1328, 1837, 2053

HR 613--Brown, James; Godfather of Soul; commend.

1719,1829

HR 718--General Assembly; adjournment sine die; March 28, 1997.

2408

2454

JOURNAL OF THE SENATE

PART III

ALPHABETIC INDEX 1997 SESSION

AARON, HENRY; Atlanta Braves Baseball Field; urge name to honor

SR 77

ABERCROMBIE, WHERRY L. 'DUB'; memorial bridge to honor; Bacon County.

HR 268

ABORTION Prohibit Partial-birth Abortion Method; penalties; exception. Prohibited Procedure; partial-birth abortion method. Prohibited Procedure; partial-birth abortion method; penalties. Woman's Right to Know Act; applicability of Medical Consent Law. Woman's Right to Know Act; voluntary and informed consent.

SB 357 SB 123 SB 348 SB 216 SB 153

ACCESS TO MEDICAL TREATMENT ACT; enact.

SB 341

ACCOUNTANCY, PRACTICE OF Accountants; damage actions alleging professional malpractice. Standards of competence; registration; firms or certified public accountants.

SB 276 HB 374

ACF WATER COMPACT; Apalachicola-Chattahoochee-Flint River Basin.

HB 149

ACT WATER RESOURCES COMPACT; Ala.-Coosa-Tallapoosa River basin.

............ .....................

...........

............ HB 148

ACUPUNCTURISTS AND DETOX SPECIALISTS; licensure; registration. . . . SB 65

ACWORTH AREA CONVENTION AND VISITORS BUREAU AUTHORITY

Creation.

HB 783

AD VALOREM TAX (Also See Revenue and Taxation and Homestead Exemption)

Automobile Taxation; joint committee to study simpler methods.

SR 271

Automobile Taxation; Senate committee to study simpler methods.

SR 272

Commercial Vehicles; method of returning and valuation for taxes.

HB 418

Enterprise Zone Property Tax Exemption to Qualifying Businesses.

HB 663

Exemption; applicability to homestead, inventory, public property; filing

properly; tax digest deadlines.

HB 459

Heavy-duty Equipment Vehicles; separate subclass; return for taxes.

HB 419

Homestead Option Sales, HOST Tax; purposes; proceeds expenditures.

HB 60

Homestead Option Sales Tax; change limitations; food exemption.

HB 165

Motor Vehicles Subject Taxation Specified by General Assembly.

SR 132

Motor Vehicles Subject to Taxation Only One Time Per Year; returns.

HB 205

Motor Vehicles Subject to Taxation; transfers of licenses, plates.

SB 115

Property Appraisal; procedural manual for county appraisal staff.

HB 429

Property Tax Equity; committee to study.

SR 274

Property Taxes; equity in taxation; joint committee to study.

SR 275

School District Taxes; unpaid tax property sales; land bank programs.

SB 143

Refer to numerical index for page numbers

INDEX

2455

AD VALOREM TAX (Continued)

Tax Assessors Revisions of Returns; completion by July 1. .......... .... SB 137

Tax Executions; delinquent properties; notices; lot block transfers. ....... SB 270

Tax Executions; selling and transferring in lot blocks.

HB 185

ADDISON, B.C. 'BOO'; commend. .................

. . ........ SR 119

ADJOURNMENT

General Assembly; adjournment; January 17 to 27; recess schedule for duration

of Session.

........................

HR 16

General Assembly; adjournment March 7; reconvene March 11.

HR 436

General Assembly; adjournment sine die; March 28, 1997.

HR 718

ADMINISTRATIVE PROCEDURE ACT

Definitions; hearings relating to Department of Revenue.

Office of State Administrative Hearings; issues involving personnel.

State Regulated Practice or Business; waiver of rules, regulations.

Technical and Adult Education Department; exemption.

......

HB 171 SB 33
....... SB 81 ......... SB 87

ADMINISTRATrVE SERVICES DEPARTMENT

Bank Match Registry System; match data of financial institutions and DHR

records to enforce child support obligations.

HB 284

Property Leases; local government buildings; construction contracts.

HB 32

State Purchasing; recycled paper products; reduce paper usage. ............. SB 255

ADOPTION

Adopted Persons of a Deceased Biological Parent; release identity.

.... SB 28

Child-placing Agencies; locating absent parent through putative father registry;

notice of actions to terminate rights.

...

.................. SB 28

Financial Assistance to Families Adopting Hard-to-Place Children.

SB 24

Foster Care and Adoption; re-creating committee to study. ................. SR 280

Hard-to-Place Children; increase financial assistance to families.

HB 112

Inheritance by Adopted Children; Probate Code Revisions, Title 53.

HB 245

Termination of Legal Parent-Child Relationship; legitimation cases.

SB 26

Termination of Parental Rights; child placement resources; unlawful

inducements; mother's affidavit.

..................

SB 27

ADVERTISING (Also See News Media)

Advertising Prices of Alcoholic Beverages; dealer signs. .................. SB 52

Computer Bulletin Boards, Web Sites, Home Pages Containing Pornographic or

Obscene Materials; prohibit appealing to minors.

SB 312

Legal Advertising of Judicial Sales; qualifying official newspaper. .......... HB 152

Outdoor Displays; permits to trim vegetation adjacent right-of-way.

SB 337

Outdoor Lighting Applications; regulate misdirected light, sky glow. ........ SB 329

Sheriff Offices' Nomenclature Act of 1997; prohibited activities.

HB 289

AFRICAN AMERICAN BUSINESS ENTERPRISE DAY; proclaiming.

SR 40

AFRICAN DELEGATION COTE D'lVOIRE; recognizing.

SR 217

AGED (See Elderly)

AGRICULTURE Agricultural Commodity Commission for Peanuts; overview committee. Antifreeze Products; license to sell; sample testing; certification. Commissioner; subpoena powers; books, records of licensees. Dairy Production; committee to study incentives to keep competitive. Deer Farming; agricultural operations; regulation; licensing. Department; registration, licensing electronically; applicant age.

SB 365 HB 182 SB 102 SR 195 HB 426 HB 130

Refer to numerical index for page numbers

2456

JOURNAL OF THE SENATE

AGRICULTURE (Continued) Employers; farm labor; urge effective H2A Program. Four-H Day at State Capitol; observance. Georgia Fertilizer Act of 1997; regulate plant nutrient guarantees. Pennington, Brooks; distinguished seedsmen; naming Memorial Parkway. Urge USDA Abandon Planned Quarantine of Wheat to Control Disease.

SR 360 SR 90 HB 49 HR 382 SR 197

AID TO FAMILIES WITH DEPENDENT CHILDREN ACT; repeal; create

Temporary Assistance for Needy Families Act/TANF.

SB 104

AIR QUALITY; Ozone Standards; urge US EPA refrain new NAAQS

changes. ...

... ........................ ........... SR 278

AIRPORTS (See Aviation)

AKINS, JULIE ANN; 1997 Watermelon Queen; commend.

SR 193

AL-MANSOUR, DR. KHALID ABDULLAH TARIQ; honoring.

SR 356

ALABAMA, STATE OF

Alabama-Coosa-Tallapoosa River Basin, ACT Compact Agreement; enact.

HB 148

Apalachicola-Chattahoochee-Flint River Basin; interstate compact.

HB 149

Chemical Weapons Incinerator in Anniston; urge public hearings on.

HR 174

Proposed Chemical Weapons Incinerator in Anniston, Ala.; urge public hearings

for Northwest Georgia. ............................................ . SR 152

ALBANY, CITY OF Albany-Dougherty County Day; declaring. Albany High School Stadium Authority; perpetual existence. Chehaw Park Authority; membership; chief executive officer.

SR 181 HB 912 HB 933

ALBRITTON, BRADLEY K.; commend.

SR 212

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving Under Influence

or Motor Vehicles)

Alcoholics; prevention or early intervention; committee to study. ...

SR 232

Beer or Malt Beverage Brewpubs; tours; sales to wholesale dealers.

SB 289

Brewery Tours, Brewpubs; authorize certain activities, permits.

HB 834

Distilled Spirits Retail Dealer's License; residence within county.

SB 111

Distilled Spirits, Wines; dealer signs; advertising of prices. . .

. . . . . SB 52

DUI Convictions; licenses to bear red stripe or identifying words.

SB 82

DUI; drivers, teenage or adult; strict standards; increase penalty.

HB 681

DUI; drivers under age 18; suspension of license for 12 months.

SB 88

DUI; drivers under age 21; zero tolerance.

SB 17

DUI; eliminate plea of nolo contendere to DUI charges.

SB 61

DUI; habitual violators; offense of habitual impaired driving.

SB 321

DUI; violations; drivers under age 21 .02 grams or more; testing.

SB 66

Farm Wineries; sales of wines and alcoholic beverages on premises.

HB 93

Farm Winery Sales; special entertainment districts; local authority.

HB 834

Hotels With Condo Units, Commercial Space; in-room services.

SB 144

Licensees; unlawful sales to underage persons; suspension periods.

SB 266

Minors; prohibit admission where alcoholic beverages consumed.

SB 378

Open Alcoholic Beverage Containers; driver and passenger prohibited.

SB 203

Persons Under Age 21; possession or consumption; punishment.

SB 206

Persons Underage Attempting to Purchase Alcohol With Falsified ID.

HB 250

Prohibit Shipments from Another State, Country to Unlicensed Persons.

HB 119

Punitive Damage Awards; tort cases involving intoxicating agents.

HB 572

Retail Package Liquor Stores; new businesses location restrictions.

HB 500

Retail Sale Sites; increase minimum distance from churches, schools.

SB 298

Refer to numerical index for page numbers

INDEX

2457

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Revenue Department; hearings; Administrative Procedure Act. Sales at University System Continuing Education Center, Athletic Coliseums for Professional Sport Events. Students Under Influence or in Possession of Alcohol Suspended. TEAM Georgia Sober Driving Coalition; commend. Teenage and Adult Driver Responsibility Act; enact.

HB 171
HB 682 SB 92 SR 310
HB 681

ALEXANDER, ROBERT S., 86TH BIRTHDAY; honoring.

SR 256

ALFREDSON, DARLA J.; claims against the state; compensate.

HR 22

ALIENS Georgia TANF Public Assistance Program; entitlement; limitations. Illegal; identification documents; penalty to defraud or deceive. Illegal; penalties for contractor to employ on public works projects.

SB 104 SB 199 SB 257

ALLOPATHIC MEDICAL TRAINING; primary care physicians; loan program.

SB 391

ALPHA KAPPA ALPHA SORORITY, INC.; recognizing.

SR 158

ALPHARETTA, CITY OF; Change Corporate Limits.

HB 602

ALZHEIMERS OR OTHER DEMENTIA; missing persons investigations.

HB 326

AMATEUR RADIO OPERATORS; special license plates; transfer vehicles. HB 205

AMBULANCES (Also See Emergency Medical Services) Compliance with EMSC Program; enforcement; imposing fines.

HB 277

AMERICA'S YOUTH PASSPORT, PREVENTIVE HEALTH CARE; recognize. ......................................... ....... ............ SR 186

AMERICUS, CITY OF; Property Conveyance; easement for sanitary sewer

line. ................. . .

.................................

SR 164

AMPHETAMINES; drug trafficking violations; punishment.

HB 111

ANATOMICAL GIFTS (See Organ Donors or Property or Driver's License)

ANIMALS

Capuchin Monkeys; rights of physically disabled persons to use.

HB 351

Code Revision; Title 2; correct errors and omissions.

HB 123

Deer Farming; agricultural operations; regulations; licensing.

HB 426

Study Committee on Link Between Violence Toward Animals and Violence

Towards Humans. ..................................................... SR 89

ANITON, REVEREND EMMETT; recognizing. ....... ................... SR 444

ANNEXATION Commercial Property Proposed to be Annexed by a Local Act; notices. County Boundaries; petitions to change; property owner signatures. Municipalities; annex or deannex methods; local Acts.

SB 251 SB 380 HB 217

ANNIS, MS. FRANCES V., PROBATE COURT JUDGE; commend.

SR 201

ANTIFREEZE PRODUCTS; sample testing; State Oil Chemist Certification. .............. ................... . . . . . HB 182

APALACHICOLA RIVER; water resources; ACF interstate Compact.

HB 149

APPEALS AND ERROR Appellate Courts; filings by district attorneys; payment of costs. Appellate Courts; jurisdiction; appealable judgments and rulings.

HB 124 HB 291

Refer to numerical index for page numbers

2458

JOURNAL OF THE SENATE

APPEALS AND ERROR (Continued)

Appellate Courts; senior judges and justices; compensation.

SB 369

Appellate Judges; invite General Assembly Joint Session.

HR 13

Capitol Felony Trials; counties incurring additional appeal costs.

SB 56

Child Custody Issues; appeals; expedited consideration by court.

SB 73

Civil Cases; notice of appeal; motion for supersedeas; ruling.

SB 72

Court of Appeals; composition; increase to 13 judges, 4 divisions.

SB 78

Death Penalty Cases; applications for appeal; review procedures.

SB 296

Decisions of Superior Courts Relative Workers' Compensation Appeals.

SB 34

Decisions of Workers' Compensation State Board; time to affirm.

SB 368

Injunction Cases Filed by Department of Human Resources and County Boards

of Health; supersedeas in contempt cases.

HB 295

Prisoner Litigation; civil actions; appeals require an application.

SB 370

APPOINTMENTS BY GOVERNOR

PAGES 112, 1332, 2287, 2290

APPROPRIATE PATIENT CARE ACT; health insurers required coverage. SB 330

APPROPRIATIONS AND FISCAL AFFAIRS Appropriations; General; SFY 1997-1998. Appropriations, Supplemental; SFY 1996-1997. Bills That Raise Revenue or Appropriate Money; introduction. Department of Human Resources; funds expended for teen pregnancy prevention; ensure primary emphasis on abstinence education GEA(U) Revenue Bond Projects; financial advisory studies. General Assembly; fiscal affairs subcommittees; budget transfers. Labor Department; Unemployment Trust Funds; purposes; withdrawals. Lottery for Education Account; limit amount each county entitled. State Departments, Agencies; expenditures; establish limitations. Total Outlay Appropriated to State; prohibit exceed revenue sources.

HB 204 HB 34 SR 55
HR 457 SB 292 SB 197 HB 213 SB 333 SR 177 SR 248

AQUARIUM AND MARITIME FACILITY IN THE COASTAL REGION

Feasibility study. .......

.... SR 185

ARBITRATION OF DISPUTES OR CLAIMS; contracts between insurance

companies. .........................................

HB 745

ARCHITECTS; actions alleging professional misconduct; affidavits.

SB 276

ARCHIVES AND HISTORY Department of; director; appointment by Secretary of State. Georgia Capitol Museum; renaming Museum of Science and Industry.

HB 308 HB 308

AREA PLANNING AND DEVELOPMENT (See Authorities or Development Authorities)

ARRESTS Children and Youth Services Personnel Law Enforcement Unit. Criminal Records; rights of an accused; criteria for purging records. Fraud Investigators of State Board of Workers' Compensation; powers.

HB 755 HB 183 HB 331

ARTHRITIS AWARENESS DAY; designating March 4.

SR 237

ARTS, THE

Douglass Theatre Historic Art and Cultural Building, Macon; honoring.

SR 135

Georgia Citizens for the Arts; commend. ................................... SR 38

Music Industry Committee and Citizens' Advisory Council.

SR 23

Performing Arts Facility of a Consolidated Government; tax funding.

HB 94

Refer to numerical index for page numbers

INDEX

2459

ASPHALT ROOFING SHINGLES; landfill disposal restrictions; recycling.

HB 57

ASSAULT AND BATTERY Aggravated Sexual Battery; juveniles; designated felony provisions. Crimes Against Family Members Act of 1997; increased penalties. Criminal History Involving Children; prohibit employ in child care. Offenses of Battery Against a Female Who is Pregnant; punishment. Sexual Battery Against a Minor; registration of persons convicted.

SB 132 SB 67 SB 176 SB 205 SB 105

ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE ACT. .......... . . .................................... SB 207

ASTRONOMICAL OBSERVATORIES, PLANETARIUMS; shielding outdoor luminairies. ... .................................................. SB 329

AT-RISK CHILDREN AND YOUTH; Educational Programs; additional grant

funds.

. ........... ........................... .................. SB 97

AT&T CORPORATION; easement; telecommunications equipment; Ware County. ...................... ............. .................... .... SR 165

ATHENS, CITY OF; Property Conveyance; water and sewer line easement. SR 164

ATHLETICS AND SPORTS (Also See Olympic Games)

Adapted Sports After-school Programs; committee to study

SR 263

Atlanta Braves Baseball Field Within Ted Turner Stadium; urge name to honor

Henry Aaron ....

. ....................................... SR 77

Atlanta Falcons Head Coach; congratulating Dan Reeves.

SR 108

Atlanta Hawks Arena; moratorium on sewer connections not applicable.

SB 19

Golf Hall of Fame Authority Act; enact.

HB 866

Sport Shooting Ranges; noise control; when actions against limited.

SB 8

Umpires, Referees, Linesman, Scorekeepers; independent contractors.

SB 263

University System Coliseums; sale of alcoholic beverages.

HB 682

U.S. Disabled Athletes Fund; issuance of special license plates.

HB 499

ATKINS, CHET; country music star; designate Parkway to honor.

HR 245

ATLANTA ASSOCIATION OF INSURANCE PROFESSIONALS

Commend

......................................................... SR 211

ATLANTA, CITY OF Ad Valorem; homestead exemption; increase for elderly; referendum. Ad Valorem; school taxes; exempt full value of homestead at age 75. Atlanta Braves Baseball Field; urge name to honor Henry Aaron Atlanta Housing Authority Units; additional sewer connections. City Council; meetings; public comments. Inman Park, Candler Park and Poncey-Highland Neighborhoods; State DOT Settlement Agreement Relative Certain Property. MARTA; Board of Directors; terms; ineligible appointments. Property Conveyance; lease state property for recreational facility. Sewage Wastewater Treatment; condemnation due to water quality emergencies; state appoint interim manager. Supporting Intermodal Transit Station to Link Commuter Rail Service. Transit Needs; support alternatives to reduce vehicular traffic.

HB 535 SB 286 SR 77 HB 528 HB 999
SR 166 SB 315 HR 401
SB 319 SR 62 SR 65

ATLANTA HAWKS ARENA; moratorium on sewer connections not applicable.

SB 19

Refer to numerical index for page numbers

2460

JOURNAL OF THE SENATE

ATTORNEY GENERAL Authority in Transactions Involving Nonprofit Hospital Corporations. Department of Law; prosecution capital felony expense reimbursement.

HB 600 SB 56

ATTORNEYS (Also See Courts, Civil Practice or Criminal Proceedings) Civil Actions; frivolous actions; award of litigation expenses. Civil Actions; opening and concluding arguments; parties entitled Corporations; employee representation; Magistrate Court proceedings. Damage Actions Alleging Professional Malpractice Against Licensee. Guardianships; counsel for incapacitated adults; ward evaluations. Guardianships of Incapacitated Adults; change provisions. Guardianships of Incapacitated Adults; legal actions; right of ward. Issuance of Subpoenas for Taking Depositions; conditions. Prosecuting Attorneys; receipt of remuneration pertaining to involvement in criminal cases; prohibitions. Trial Courts; continuances; number of; grounds; absence of counsel.

SB 1 HB 369 SB 313 SB 276 SB 179 SB 182 SB 181 HB 321
HB 105 SB 299

AUBURN, GEORGIA AND AUBURN, NEW SOUTH WALES, AUSTRALIA;

sister cities. ................................

........................ SR 36

AUCTIONS OF VEHICLES UNDER PROPERTY SALE OR AN ESTATE;

dealer exemption.

HB 174

AUDITS AND ACCOUNTS Accounting of Public Funds; state depositories; collateral. Department of Audits; commend efforts to control Medicaid fraud. Local Government Services, Financial Accounting; reporting of data. State Auditor; duties; nonprofit organizations receiving state funds.

SB 131 SR 234 HB 491 SB 349

AUGUSTA, CITY OF

Augusta-Richmond County Coliseum Authority; appointment of members. HB 216

Augusta-Richmond County Coliseum Authority; membership; appointment. SB 11

Commission-Council; voting member; chairperson-mayor.

SB 49

Richmond County and Augusta Consolidated Government; designate name. HB 662

Richmond County State Court; create second division; successor to Municipal

Court.

HB 1016

AUTHORITIES (Also See Development Authorities)

Atlanta Housing Authority Units; additional sewer connections.

HB 528

Brain and Spinal Injury Trust Fund Authority; creation.

SB 110

Development; business and industry recruitment; identity protected.

SB 12

Georgia Education Authority (University); members; bond projects.

SB 292

Georgia Rail Passenger Authority; direct study; intercity, commuter passenger

rail and freight service within same tracks. ........................... SR 286

Golf Hall of Fame Authority Act; enact.

HB 866

Hospital; business transactions; financial interest held by members.

SB 220

Hospital; directors; transactions involving conflicts of interest.

SB 261

Hospital; members; conflicts of interest; more strict rules.

HB 445

International and Maritime Trade Center Authority; add member.

HB 778

International and Maritime Trade Center; use of excise tax proceeds.

HB 706

Land Bank Authorities; creation by consolidated governments.

SB 143

Local Governmental Units; financing; issuance of certain obligations.

HB 803

Motor Vehicles Purchased Public Funds; visible identifying markings.

HB 624

Motor Vehicles Purchased With Public Funds; identifying markings.

SB 349

Rail Passenger Authority; regional, statewide transportation plans.

SB 118

Regional Development Centers; creation of for-profit corporations.

SB 389

Regional Housing Authorities; boards of commissioners; composition.

HB 583

Refer to numerical index for page numbers

INDEX

2461

AUTHORITIES (Continued) Residential Care Facilities for Elderly; investments; scholarships. Stone Mountain Memorial Association; lease contracts; requirements. Underground Gas Pipes, Utilities; proposed blasting; notification. Waste Management Authorities; deactivation procedures. Waste Management Authorities; deactivation procedures.

HB 297 SB 274 SB 269 HB 219 HB 612

AUTOMATED TELLER MACHINES; operator transaction fees; change

provisions. . . . . . . .......................... . .

..........

HB 630

AVIATION

Accidents Involving Civil Aircraft; investigations; authority.

.....

HB 557

Aerospace Development, Commercial Space Activities, and Telecommunications

Technology; commission to study. . . . ...............

......

SR 46

Aircraft Engine Remanufacturing Equipment; sales tax exemption.

HB 70

County Airport Facilities; use of special 1% sales tax proceeds.

. . . . . HB 531

BACON COUNTY Board of Commissioners; voting on matters Designate; Memorial Bridges to honor James Robert Googe, Clarence Loman Gaskins and Wherry L. 'Dub' Abercrombie.

HB 1060 HR 268

BAGWELL, WENDELL LEE Designate Parkway to honor in Paulding County. Designate Parkway to Honor Memory; Paulding County. Designate Wendy Bagwell Parkway; Paulding County.

SR 304 HR 245 SR 316

BAIL (Also See Bonds or Criminal Procedure) Judgments Involving Applications for Discharge in Bail; appeals. Offense of Out-of-State-Bail Jumping; applicable to misdemeanors.

HB 291 HB 620

BAINBRIDGE, CITY OF; extend corporate limits.

HB 1028

BALDWIN COUNTY

Ad Valorem; exemption; leased homesteads; referendum.

Property Conveyance; disposal of 18.5 acre tract of state property.

Property Conveyance; grant easement to construct access road. . .

..

Property Conveyance; one tract for industrial development; one tract for

recreation purposes. ........... ...................

.........

Sheriffs Deputy William Edward Robinson, IV; tribute to. ...........

State Court; solicitor-general; compensation. .............

......

State Properties Inventory; joint committee to study disposition.

HB 785 SR 166 SR 164
SR 143 SR 126 SB 232 SR 151

BANKING AND FINANCE

Automated Teller Machines/ATMs; transaction fees charged customers.

HB 630

Bad Checks; service charges; increase amount to $25.

HB 329

Bank Match Registry System; match data of financial institutions and DHR

records to enforce child support. ......... .................

. . . . HB 284

Checks Drawn on Customer Account Payable to Another Person; prohibit charge

fees for cashing. ...... .................. ...........

HB 570

Code Revision; Title 7; correct errors and omissions.

HB 123

Credit Card Data Processors; corporate income taxation formula.

HB 424

Refer to numerical index for page numbers

2462

JOURNAL OF THE SENATE

BANKING AND FINANCE (Continued)

Currency Transactions and Related Report Filings; check cashers.

SB 154

Department; rule-making authority; personnel; conflicts of interest.

SB 154

Fiduciary Management; Medical Care Savings Account and Trust Act.

SB 163

Financial Account for TANF Recipients; urge 2-year pilot project.

SR 49

Financial Institutions; reporting exploitation of certain persons.

SB 127

Instruments to Secure Debt; nonpayment of intangible recording tax.

HB 306

Insurers Acquiring Investments; enact Investment Pool Act of 1997.

HB 573

Insurers; investment in foreign government bonds, securities.

HB 355

Lenders; property records; disposition of property in divorce.

HB 408

Liens, Security Interest on Vehicles; electronic transactions.

HB 487

Mortgage Brokers, Lenders; lock-in agreements; interest rates.

SB 154

Mortgage Lenders; escrow agreement terms; failure to pay homeowners

insurance premiums; liability.

HB 478

Mortgages and Security Deeds; tax executions; notice to owners.

SB 270

Mortgages; perfecting instrument securing obligations of railroad or utility

corporations; nonconforming liens.

HB 533

Mortgages; realty as security; home equity lines of credit.

SB 175

Pawnbrokers; vehicle title pawn transactions; permitted interest.

SB 239

Public Funds; deposits, investments; authority of Office of Treasury and Fiscal

Services.

HB 558

Real Estate Appraisal Activity in a Federally Related Transaction.

HB 172

Regulations; directors; conversions, mergers; internet banking; ATMs; mortgage

brokers; check cashers.

SB 154

Retail Revolving Accounts; effective when certain conditions met.

HB 431

State and Local Bond Issuance Procedures; committee to study.

SR 290

State Depositories; foreign banks; restrictions.

SB 95

State Depositories; naming and appointing; prohibited voting by certain State

Depository Board members.

SB 119

State Depositories; securing public funds; collateralization.

SB 131

Summons of Garnishment; delivery into court certain property, money.

HB 307

BANKRUPTCY; Criminal Restitution Under Federal Bankruptcy Statutes. HB 399

BANKS COUNTY Ad Valorem; homestead exemption; senior citizens; referendum. Board of Commissioners; compensation

HB 989 HB 1051

BARBECUE CHAMPIONSHIPS Designate Official State Cookoffs; Hawkinsville 'Shoot the Bull' and Dooly County 'Slosheye Trail Big Pig Jig1. Slosheye Trail Big Pig Jig Barbecue Cooking Contest; recognize.

HB 845 SR 238

BARR, NANCY, DR.; Georgia Optometric Association; commend.

SR 78

BARRETT, GIL; commend.

SR 396

BARROW COUNTY Ad Valorem; homestead exemption; increase for senior citizens. Ad Valorem; school taxes; homestead exemption based age and income.

HB 984 HB 985

BARS SELLING ALCOHOLIC BEVERAGES; admission to minors prohibited. ............................................................. SB 378

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INDEX

2463

BARTOW COUNTY; Board of Education; terms, districts, election. ...... HB 956

BATTERY (See Assault and Battery or Crimes)

BAUM, COLONEL JOHN; tribute to.

.................. SR 14

BEAMON, HEIDI; commend.

................... .......... SR 106

BECK, RAY; commend.

. ..........

......... SR 154

BEER OR BREWERIES (See Alcoholic Beverages or Brewery)

BENHAM, ROBERT; Supreme Court Chief Justice; address joint session . Page 75

BERKELEY LAKE, CITY OF; corporate limits; annex certain property. . . . SB 288

BEST, RAYLYNN LYNETTE; University System Scholar; commend

SR 432

BETWEEN, TOWN OF; new charter; incorporation. ............ HB 446

BIBB COUNTY

Bibb County Civil Service System; administrative work; secretary; appeals;

hearing officers; personnel

.................. HB 994

Board of Commissioners; filling of vacancies. . ........ .

HB 733

Board of Health; repeal local constitutional amendment.

......... HB 732

Civil Court; judge; retirement. .......... .............

HB 746

Macon-Bibb County Citizens, Taste of Macon Day; welcoming. .............. SR 136

Macon-Bibb County Industrial Authority; projects; site development.

HB 710

Property Conveyance; Macon Technical Institute; exchange tracts with Wiggins

Associates.

HR 139

Property Conveyance; water line easement to H/S MACLO, LLC. . . . ....... SR 165

BICYCLE TRANSPORTATION FACILITIES; include as a DOT project.

SB 145

BIDS (Also See Contracts or State Government) Public Works Contracts; bids; requirements; emergency situations.

....... SB 229

BILLBOARDS Outdoor Advertising; tree trimming permits; vegetation replanting. Outdoor Lighting; advertising signs; misdirected light interference.

SB 337 . . . . SB 329

BINGHAM, MICHAEL AND JOSEPH LEVERT, STAR STUDENT AND

TEACHER; commend.

........................... SR 439

BLACK, J. LUCIUS OF WEBSTER COUNTY; commend.

SR 13

BLASTING OPERATIONS NEAR UNDERGROUND PIPES, UTILITIES

Notification. ..........

........... SB 269

BLAYLOCK, JAMES M.; recognizing.

SR 129

BLEODOW, COOGAN RAY; dedicate memorial bridge in Cobb County. ...... SR 244

BLIND PERSONS (See Handicapped or Disabled Persons)

BLOCK GRANT FUNDS

Administration, Distribution Formula; community action agencies. ......... HB 206

Counties, Municipalities; job training, workforce development. .............. SB 101

Federal Community Development Finance Institute Program.

SB 389

BLOUNT, ALICE SHARPE, 90TH BIRTHDAY; congratulating.

SR 192

BLYTHE, CITY OF; new charter; reincorporate. ........................ HB 653

BOATS, MARINE EQUIPMENT AND FACILITIES Commercial Fishing; motor fuel used to operate boats; tax exemption. Watercraft Owned by a Minor's Parent or Guardian; forbidden entry.

SB 362 HB 100

Refer to numerical index for page numbers

2464

JOURNAL OF THE SENATE

BOMBS

Bombs and Explosives Disposal; technicians; mutual aid agreements.

SB 173

Destructive Devices, Explosives; possession or transporting with intent to kill,

injure or destroy public buildings; penalty.

SB 227

BONDS; Bail; out-of-state bail jumping; principal used false name.

HB 620

BRADLEY, BRYAN G., EAGLE SCOUT; commend.

SR 123

BRANTLEY COUNTY; Georgia Coastal Zones Management Act; enact.

HB 167

BRASWELL, FRED B.; commend.

SR 24

BREMEN HIGH SCHOOL GIRLS' SOFTBALL TEAM; commend.

SR 27

BREWERYS AND BREWPUBS Authorize Certain Sales; permits for free tasting on premises. Licensees; permits; sales to wholesale dealers; brewery tours. ..........

HB 834 SB 289

BRIDGES (See Highways, Bridges and Ferries)

BRDMSON, TOWN OF; incorporation and powers.

HB 1018

BROOK RUN MENTAL RETARDATION FACILITY Commend and Urge Continue Funding Mental Health Services. Proposed closing; study best usage and disposition of property.

HR 298 SR 167

BROOKWOOD HIGH SCHOOL FOOTBALL TEAM; commend.

SR 32

BROWN, JAMES; Godfather of Soul; commend.

HR 613

BROWN, JAMES, GODFATHER OF SOUL MUSIC; commend.

SR 445

BRUNSWICK; Coastal Region Aquarium, Maritime Facility feasibility study. SR 185

BRYAN COUNTY Georgia Coastal Zones Management Act; enact. Tax Commissioner; compensation; benefits; personnel.

HB 167 HB 741

BRYANT, JANIS; University System Scholar; commend. ...........

SR 430

BUCE, WALTER H.; designate Memorial Bridge to honor; Cobb County. ...... SR 305

BUCKHEAD BASEBALL T-LEAGUE TEAM COACHES, ATHLETES

Commend. ...

...................... ............

SR 183

BUDGET (See Appropriations and Fiscal Affairs)

BUDGETARY RESPONSIBILITY OVERSIGHT COMMITTEE; BROC Research Office; evaluation of state programs, functions.

SB 297

BUFORD, CITY OF Change Corporate Limits. Independent School District; portion county sales tax for education.

HB 222 HB 279

BUILDING AUTHORITY, GEORGIA

Charles "Chip" Wilson Pitts; Employee at Capitol; condolences.

SR 400

Placement of Portrait at State Capitol of Arthur Langford.

SR 287

Sam Nunn Tribute Commission; creation.

............ .............. SR 50

State Capitol Medical Aid Station; James A. Kaufmann, M.D. portrait.

HR 47

BUILDINGS AND HOUSING Building Permits; resolving conflicting codes and standards. Code Revision; Title 8; correct errors and omissions. Construction Trades; youth apprenticeship and training program. Fire Protection Systems, Water Sprinkler; licensure; accountability.

SB 212 HB 123
SB 68 HB 505

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INDEX

2465

BUILDINGS AND HOUSING (Continued)

Home Improvement Contracts; regulations; contractor requirements.

SB 295

Home Repair or Home Improvement Work; fraudulent sales practices.

HB 708

Physically Disabled Persons; admittance and accommodation rights.

HB 351

Public School Buildings; energy cost saving measures; contracts.

SB 301

Regional Housing Authorities; boards of commissioners; composition.

HB 583

Rental Property; landlords; disclose name, address, telephone number.

SB 281

Rental Property; premises repaired by tenant; deduct from rent due.

SB 223

Residential Building Permits; posting information relative lien laws; home

inspector licensing. . .............. .............................. HB 322

Residential Care for Facilities for Elderly Authorities; powers.

HB 297

Residential Homes; handicap accessibility features; tax credits.

HB 417

Residential Housing; legislation or agency rules affecting costs.

SB 275

Residential; on-site sewage treatment systems, septic tanks.

....... SB 165

Roofing, Asphalt Shingles; disposal restrictions; landfills. ................... HB 57

BULLOCH COUNTY

Probate Court; judge; nonpartisan elections.

HB 641

Tax Commissioner; compensation. ............. ......................... HB 877

BURDETTE, ELIZABETH LEE; University System Scholar; commend. ...... SR 431

BURKE COUNTY; Property Conveyance; Augusta Tech Satellite Center. . . SR 148

BURNS, D'ANDREA N.; University System Scholar; commend. .............. SR 426

BUSES School Bus Equipment; require passenger seat belts. School Support Personnel; bus drivers; committee to study.

SB 293 SR 397

BUSINESS (See Commerce or Professions and Businesses)

BUSINESS EXPANSION SUPPORT ACT

Economic Stimulus for Enterprise Zones; incentives; property tax exemption;

occupational tax, regulatory fee abatement. ............................

Income Tax Credit; claims; basis to calculate new jobs created.

Income Tax Credit; expand eligible businesses; designated counties.

Income Tax Credit; telecommunication industries; businesses expanding

research; fast-growth small companies. . .......

.

HB 663 HB 151 HB 378
HB 428

BUTTS COUNTY; board of education; nonpartisan elections.

SB 398

BYRON CONVENTION AND VISITORS BUREAU AUTHORITY ACT.

HB 986

CALHOUN, CITY OF; Property Conveyance; grant easement for

utility lines.

............ SR 164

CALHOUN, GEORGE; claims against the state; compensate. ............... HR 248

CAMDEN COUNTY; Georgia Coastal Zones Management Act; enact. ........ HB 167

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections) Election Campaign Expenditure Limitations; General Assembly members. Election Campaign Finance Reform; joint committee to study. Elections; Campaign Finance Reform and Ethics Study Committee.

SB 248 SR 270 SR 333

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2466

JOURNAL OF THE SENATE

CAMPAIGN AND FINANCIAL DISCLOSURE (Continued) Elective Offices; campaign financing; joint study committee. Financing of Campaigns and Fund Raising; committee to study.

...... SR 255 . ....... SR 254

CANCER TREATMENT; Mastectomies; insurers refusing pay hospital inpatient

care; committee to study.

. . . . . . . SR 378

CANDIDATES (See Elections)

CAPITAL PUNISHMENT (See Death Penalty, Courts or Criminal Procedure)

CAPITOL BUILDINGS AND GROUNDS, STATE Georgia Capitol Museum; renaming Museum of Science and Industry. Grounds Manager and Assistants; commend. Medical Aid Station; display portrait of James A. Kaufmann, M.D. Placement of Portrait at State Capitol of Arthur Langford.

HB 308 SR 454 HR 47 SR 287

CARBON MONOXIDE POISONING; urge publicity to alert public to dangers.

HR 44

CARLTON COMPANY; drainage pipeline easement; Dougherty County. . . . . . SR 165

CARROLL COUNTY Board of Elections; creation; succeed to powers of former board. Board of Elections; repeal Act creating. Carroll County State Court; solicitor; compensation City of Mount Zion; expand corporate limits. Coroner; compensation.

........

HB 909 HB 833 HB 711 HB 998 HB 713

CARTER, NADINE LAVERNE; claims against the state; compensate.

HR 176

CARTERSVILLE BOARD OF EDUCATION; supporting charter school

concept

.............

SR 309

CARTERSVILLE, CITY OF; Supporting Commuter Rail Service for; . . .

SR 62

CARTERSVILLE HIGH SCHOOL JAZZ BAND; commend.

SR 308

CASEY, JUDGE NELSON; commend.

SR 330

CATOOSA COUNTY Superior Court; judge and clerk; clerical allowance. Tax Commissioner; clerical help allowance.

HB 795 ............ HB 794

CAUTION, INC.; actions on behalf of constituent neighborhood organizations;

disposal of certain state property.

SR 166

CEDAR GROVE HIGH SCHOOL BASKETBALL TEAM; commend.

SR 362

CEDARTOWN KIWANIS CLUB; commend.

SR 384

CEMETERIES; criminal offense of vandalism; punishment.

HB 840

CENTENNIAL PARK BOMBING; commend security, law enforcement, and

emergency response personnel who assisted in aftermath

SR 326

CENTRAL GEORGIA ELECTRIC MEMBERSHIP CORPORATION;

easement; Jasper County.

....... SR 165

CENTRAL STATE HOSPITAL; Designate; William Crittenden Building.

HR 289

CERTIFICATE OF NEED, HEALTH CARE FACILITIES

Exemption; any institution practicing treatment by spiritual means.

SB 124

Exemption; mobile new health services; unrestricted service area. ............ SB 22

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INDEX

2467

CHAMBLEE, CITY OF; Ad Valorem; homestead exemption; certain residents.

HB 252

CHAMBLISS, CONGRESSMAN SAXBY; introduced, remarks

Page 131

CHAPLAINS OF THE DAY

Alderman, Dr. Lane

Page 139

Anniton, Reverend Emmett

Page 1328

Battles, Reverend Paul R.

Page 614

Billingsley, Reverend Michael

Page 1383

Black, Reverend Jerry

Page 99

Boyd, Reverend James E.

Page 537

Burgess, Reverend Jim

Page 639

Carmichael, Reverend Burt

Page 731

Daniel, Reverend Robert

Page 345

Daniels, Reverend Fred

Page 472

DeLoach, Reverend Austin

Page 794

Drawdy, Reverend Ron

Page 30

Edwards, Dr. Wayne

Page 120

Etheridge, Reverend Glenn

Page 59

Foster, Pastor Robbie

Page 360

Francoeur, Father David

Page 229

Glanton, Senator Pam, served as Chaplain

Page 74

Grantham, Reverend Steve

Page 915

Hale, Reverend Cynthia

Page 206

Hicks, Pastor Arthur L.

Page 700

Hill, Matthew, Sergeant at Arms, served as Chaplain

Page 1253

Hindson, Dr. Ed

Page 28

Hinson, Dr. David

Page 1468

Hoard, Dr. Ed

Page 1824

Holley, Dr. Lamar

Page 256

Horner, Dr. Bob

Page 43

Huggins, Reverend John

Page 2059

Hughes, Reverend John D.

Page 1122

Jackson, Dr. Jack

Page 157

Jones, Bishop Bevel .................................................... Page 1

Kenneally, Father John

Page 83

Kimbrough, Reverend Walter L.

Page 270

Maxey, Reverend Daniel

Page 573

Redmond, Rev. P.L., Jr.

Page 110

Roy, Pastor David

Page 186

Rucker, Reverend Raleigh

Page 499

Taylor, Reverend Charles L.

Page 1018

Walker, Reverend Alfred, Jr.

Page 1072

Woods, Reverend Mike

Page 1236

CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit)

CHARLTON COUNTY; Georgia Coastal Zones Management Act; enact.

HB 167

CHARTER SCHOOLS Charter Schools Act of 1997; student learning improvement plans. Public Education Reform Act of 1997; site-based management.

SB 70 SB 387

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2468

JOURNAL OF THE SENATE

CHASON, TRACY LYNN; University System Scholar; commend. ............. SR 4

CHATHAM COUNTY

Ad Valorem; school district taxes; homestead exemption; referendum.

HB 639

City of Pooler; expand corporate limits.

HB 1010

County Attorney; option for an in-house county attorney. ..........

HB 1035

Georgia Coastal Zones Management Act; enact. ........

...... HB 167

Hotel-Motel Excise Tax; authority; support of maritime trade center. ....... HB 706

International and Maritime Trade Center Authority; add member.

HB 778

Magistrate Court; magistrates; compensation. ..............

........ HB 850

Officers; state court clerk; coroner; compensation.

HB 1036

Probate Court; judge; change compensation. ...........

........... HB 849

Property Conveyance; grant easement to tunnel under Savannah River for

utility services to Hutchinson Island. ........... ...................... SR 196

Property Conveyance; 9-acre tract for Truman Parkway Extension. ......... SR 130

Recorder's Court; chief judge; supervision of personnel.

HB 1032

Savannah-Chatham County Board of Education; members; compensation. HB 774

State Court; change term of court. ................... .............. HB 899

Superior Court; Eastern Circuit; chief judge; salary supplement.

HB 1005

Superior Court; judges; nonpartisan nomination and election.

HB 1004

CHATTAHOOCHEE-FLINT HERITAGE HIGHWAY; recognizing.

SR 124

CHATTAHOOCHEE RIVER Land Located in Stream Corridor; information required on maps, plats. Waste-water Discharges Exceeding Certain Levels; federal assistance. Water Resources Planning; ACF Compact with Alabama and Florida.

HB 433 HB 528 HB 149

CHATTOOGA COUNTY Ad Valorem; school taxes; homestead exemption; certain age, income. Ad Valorem; school taxes; homestead exemption; elderly citizens. Trion, Town of; mayor and town council; reconstitute powers. .........

HB 838 HB 1009 HB 591

CHECKS USED IN FINANCIAL TRANSACTIONS Bad Checks; service charges; change amount. Check Cashing Laws; enforcement; persons cashing checks for a fee. ...... Payroll Checks; unclaimed wages; disposition after one year.

HB 329 SB 154 SB 217

CHEROKEE COUNTY

Ad Valorem; exemption; homestead option sales tax proceeds.

........ HB 777

Water and Sewerage Authority; trunk lines installation; limitations. ... HB 776

CHILD ABUSE (Also See Minors, Crimes or Sexual Offenses)

Child Custody Disputes Alleging Abuse; juvenile court jurisdiction.

SB 74

Child Custody; evidence of abuse; supervised parent visitation.

SB 71

Child Protective Services; Children's Advocacy Centers; commend

SR 269

Committee to Study Link Between Animal Cruelty and Human Violence.

SR 89

Judges Exercising Juvenile Jurisdiction; specialized training.

... SB 75

Records; release to State Personnel Board; child related employment.

SB 33

Sex Crime Offenders; registration; residency restrictions. ..........

SB 375

Sex Offenders; child molesters; hormonal chemical treatment.

HB 211

Sexually Violent Offenses Against a Minor; offender registration. ........... SB 105

Sexually Violent Predators; hormonal chemical treatment. .........

SB 5

CHILD CARE (Also See Human Resources)

Day Care, Family or Group Homes; health, safety laws; violations.

SB 202

Facilities in Shopping Centers, Malls, Office Complexes; licensure. ...... SB 222

Facilities; prohibit employ persons with certain criminal history. ....... . . . . SB 176

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INDEX

2469

CHILD CARE (Continued) Foster Care Home Parents, Other Residents; criminal records check.

SB 244

CHILD CUSTODY

Appeals of Decisions; expedited consideration from courts.

SB 73

Children Born Out of Wedlock; legal parent-child relationship.

SB 26

Committee to Study Gender Bias, Expansion of Family Court, Trained Judges,

Divorce Laws. .......................... ..................... . SR 321

Disputes Involving Alleged Physical, Emotional or Sexual Abuse. .......... SB 74

Joint Custody; legal and physical; shared parenting; study committee. ....... SR 233

Minor Children of a Marriage; children first rule in any divorce.

SB 309

Parent-Child Relationships; petition to end legal obligation.

SB 385

Parental Visitation; evidence of child abuse imposing supervision.

SB 71

Parenting Plan Cases Incorporating Joint Legal and Physical Custody.

SB 187

Parenting Time Rights; presumption of child's right to equal access.

SB 188

CHILD MOLESTATION

Juveniles; designated felony provisions. ............................. . . SB 132

Persons Committing Offenses Against Victims Age 16 or Younger; chemical

castration and psychiatric treatment.

HB 211

Persons Deemed Sexually Violent Predators; chemical castration.

SB 5

Sex Crime Offenders; notices of release; residency restrictions.

SB 375

Sex Offenders Convicted Other States; registration in Georgia.

SB 39

Sexually Violent Predators of Minors; state registration program.

SB 105

CHILD SUPPORT (Also See Domestic Relations) Children Placed State Custody; Juvenile Court ordered child support. Fatherhood Responsibility for Out-of-Wedlock Births; enforcement. Minor Children of a Marriage, Children First Rule in any Divorce. Orders; life insurance; amount of the premium as part of support. Parent-Child Relationships; petitions to end legal obligation. Paternity Actions; legitimation cases; demand for jury trial. Recovery; Banking Department permitted share licensee information. Uniform Interstate Family Support Act; enact enforcement mechanisms; judgments by law; state registry. .......... ...........................

SB 334 SB 58 SB 309 SB 231 SB 385 SB 26 SB 154
HB 284

CHILDREN (See Minors)

CHILDREN & YOUTH SERVICES DEPARTMENT (Also See Juvenile Proceedings)

At-Risk, Delinquent Youth; repeal transfer to Corrections Department.

HB 438

Contracts; property leases with private vendors operating programs.

HB 496

Employees; compensation for apparel, eyeglasses damaged by juveniles.

HB 497

Juvenile Law Enforcement Records of Felony Offenses; maintenance of.

HB 506

Juvenile Rehabilitation Training Camps; develop and implement.

SB 18

Law Enforcement Unit Personnel; designation as peace officers.

HB 755

Lottery Funded Scholarships; eligibility of students in DCYS school.

HB 939

New Names; Department of Juvenile Justice; Board of Juvenile Justice.

HB 622

Youth Services; establish construction job skills training program. ........... SB 68

CHILDREN AND YOUTH COORDINATING COUNCIL; commend.

SR 113

CHILDREN'S ADVOCACY CENTERS, GEORGIA NETWORK; commend. SR 269

CHIROPRACTORS

Damage Actions Alleging Professional Malpractice; affidavits. .............. SB 276

Determination of Patient Treatment Needs and Referrals.

SB 214

Scope of Practice; change definition relating to 'adjustments'.

SB 278

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2470

JOURNAL OF THE SENATE

CHURCHES Christian Science Sanatoriums; certificate of need exemption. Church Buildings; minimum distance for alcoholic beverage sales. Offense of Vandalism to a Cemetery or Memorial; punishment. Restrict Location of Adult Bookstores or Movie House Near Churches. Vandalism to a Place of Worship Causing Injuries; penalty.

SB 124 SB 298 HB 840
SB 62 SB 226

CITIES (See Municipalities or Local Government)

CIVIL ACTIONS (Also See Civil Practice or Torts or Courts)

Appeals to Appellate Court; motion for supersedeas; filing; ruling.

SB 72

Arbitration Code; contracts between insurance companies.

HB 745

Cases Involving Injury or Disease; admissibility of medical reports.

HB 325

Civil Cases; judgments; damages arising out of a criminal act.

HB 399

Civil Trials; juries consist of six persons; amend Constitution.

SR 200

Continuances; grounds; party presiding as a judge; number of.

SB 299

Court-referred Alternative Dispute Resolution Programs; funding.

SB 133

Damage Actions Against Land Surveyors; period of limitation.

HB 433

Depositions; court reporters; disqualification for interest waiver.

SB 185

Depositions; subpoenas; issuance by an attorney.

HB 321

Discovery; cases before Public Service Commission; gas companies.

SB 215

Judicial Sales; legal advertising; qualifying as official newspaper.

HB 152

Land Surveyors; surveys or plats; damage actions; limitation period.

SB 147

Magistrate Courts; increase monetary jurisdiction in civil claims.

SB 325

Parties Entitled to Opening and Concluding Arguments.

HB 369

Personal Injury Recovery; reimbursement claims against an insured.

SB 280

Personal Injury Recovery; reimbursement claims against an insured.

HB 553

Persons Harmed by Illegally Marketed Drugs; drug dealer liability.

SB 80

Probate Code Revisions, OCGA Title 53.

HB 245

Professional Malpractice Actions; require affidavit stating basis.

SB 276

Psychologists; good faith actions as supervisor; liability immunity.

HB 274

Tort Cases; punitive damage awards; defendant under the influence of alcohol,

drugs, glue, aerosol, toxic vapors

HB 572

Tortfeasors; codefendants residing different counties; venue

SB 372

Torts; actions for injuries; deny certain drivers recover damages.

SB 240

Torts; landowners; questions of negligence for hazardous conditions.

SB 213

Trespass Upon or Damage to Realty; periods of limitation of actions.

HB 251

Venue; damage actions against a corporation; torts, wrongs or injury.

SB 371

Venue Under Long-arm Statute Over Non-residents.

HB 592

CIVIL DEFENSE (See Emergency Management or Military Affairs)

CIVIL PRACTICE (Also See Courts) Code Revision; Title 9; correct errors and omissions. Damage Actions Alleging Professional Malpractice; affidavits. Wrongful Death Actions; 4-year time limitation.

HB 123 SB 276
SB 84

CIVIL RIGHTS MUSEUM, RALPH MARK GILBERT Official State Museum. . .........................

............... SB 366

CIVIL WAR BATTLEFIELDS AND HISTORIC SITES Issuance of Commemorative License Plates. Issuance of Special License Plates to Commemorate.

HB 104 HB 110

CLARKE COUNTY Designate; Hugh L. Logan Interchange, U.S. Highways 29/129 juncture. Property Conveyance; sanitary sewer and water line easement.

HR 49 SR 164

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INDEX

2471

CLARKSTON, CITY; Office of Mayor or Council; filling vacancies.

HB 341

CLAXTON MOTHERS CLUB 60TH ANNIVERSARY; commend.

SR 57

CLAY COUNTY Board of Education; compensation. Superior Court; Pataula Judicial Circuit; judges salary supplement.

HB 58 HB 931

CLAY, ROBERT A.; commend.

SR 142

CLAY, SENATOR CHUCK; nominated Senate President Pro Tempore.

Page 8

CLAYTON COUNTY

Board of Commissioners; chairman; compensation.

SB 354

Clayton Collaborative Authority; community partnership, planning.

SB 355

Probate Court; judge; compensation.

SB 351

Probate Court; judge; compensation. ......

... ......... ..... SB 359

State Court; solicitor-general; compensation.

SB 352

Superior Court; court reporter; compensation.

SB 353

CLAYTON JUDICIAL CIRCUIT; Superior Court; court reporter;

compensation. ..................................

............ SB 353

CLINCH COUNTY; Property Conveyance; surplus Forestry Commission property.

HR 271

CLONTS, MRS. CHARLOTTE FULLER; commend.

SR 31

COASTAL SOURCES

Coastal Ground-Water Resources and Upper Floridan Aquifer and Salt-water

Intrusion Issues; joint committee to study. ......................

SR 225

Coastal Region Aquarium, Maritime Facility Study Commission; create.

SR 185

Crabbing, Commercial Fishermen; regulate use of crab traps, floats.

HB 212

Georgia Coastal Zones Management Act; policies; sunset date.

HB 167

Ground-Water Resources; committee to study Upper Floridan Aquifer salt-water

intrusion issue; scientific studies. ............................. ....... HR 326

Savannah River; grant easement for tunneling to provide utilities to Hutchinson

Island; Chatham County

..............................

SR 196

Shrimp Fishery Resources; commercial castnets; committee to study ........ SR 291

COBB COUNTY

Acworth Area Convention and Visitors Bureau Authority; creation.

HB 783

Board of Commissioners; chairman; personnel powers.

SB 374

Board of Elections and Registration; term limitations.

HB 775

Cobb County State Court; solicitor-general; compensation.

HB 789

Court Officials, Sheriffs Chief Deputy, Investigator, Executive Assistant;

compensation.

.........................................

SB 356

District Attorney, Assistants; compensation. ..........

.......... HB 915

Juvenile Court; judges; change compensation.

HB 1002

Probate Court; judge and clerk; annual salary.

HB 430

Senior Assistant District Attorney; appointment, compensation.

HB 916

State Court; clerk and chief deputy; compensation.

HB 948

State Court; judges; compensation. ...................................... HB 900

State Court; solicitor general; compensation. ...... ...... ................ SB 342

Superior Court; assistant district attorneys, investigators. ................. HB 917

Superior Court; Cobb Judicial Circuit; judges salary supplement.

HB 432

Superior Court; deputy clerk; compensation.

HB 457

Tax Commissioner's Office; personnel; compensation.

HB 901

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2472

JOURNAL OF THE SENATE

COBB JUDICIAL CIRCUIT Assistant DAs; Investigators; number; salary. District Attorney and Assistants; change compensation. Senior Assistant District Attorneys; appointment, compensation. Superior Court; judges; salary supplement.

HB 917 HB 915 HB 916 HB 432

CODE OF GEORGIA Laws and Statutes; effective dates; Acts affecting local government. OCGA; code revision; correct errors and omissions; reenact statutes. Public Initiative Petition Process to Enact or Reject Statutes. Public Initiative Petition Process to Propose and Amend Laws. Public Initiative Process to Propose, Amend, Enact or Reject Laws. Secretary of State; summaries of state-wide referendum questions.

HB 188 HB 123 SR 176
SR 8 SR 146 HB 128

COFFEE COUNTY Board of Education; members; compensation. Designate; Thomas Kirkland Bridge; Coffee County.

HB 1027 SR 253

COLE, JEAN; Lilburn City Clerk; commend.

SR 377

COLISEUMS; University System Facilities; alcoholic beverage sales.

HB 682

COLLEGES AND UNIVERSnTES (Also See Education or University System)

Alcoholic Beverage Sales at Certain University System Facilities.

HB 682

College Campuses; minimum distance for alcoholic beverage sales.

SB 298

Lottery Funded Scholarships; eligibility of students in DCYS school.

HB 939

Medical Education; funding by teaching hospitals; study commission.

HR 249

Nonprofit Institutions Which Receive Public Funds; reports, audits.

SB 349

Partnership With High Schools to Bring College Credit Courses.

SB 387

Restrict Location of Adult Bookstores or Movie Houses Near Campus.

SB 62

Scholarship Grants; ROTC programs in the University System.

HB 914

Sports Officials; independent contractors; Workers' Compensation.

SB 263

UGA Dairy Science Facilities; committee to study.

SR 195

University System; GEA(U) membership; projects; bonds; rentals. ........... SB 292

University System; priority admission policy for Georgia residents.

HR 48

COLUMBIA COUNTY; Designate; Jack Eubank Memorial Highway; Columbia County. ............................................ .................. HR 112

COLUMBUS, CITY OF County-wide Government; superior court judges salary supplement. Municipal Court; clerk, marshal; compensation. Municipal Court; fees, court costs. Municipal Court; judge; annual salary.

HB 968 HB 1001 HB 768 HB 769

COMMEMORATIVE RESOLUTIONS Chattahoochee-Flint Heritage Highway; recognizing. Designate; Alien B. Fulford Memorial Bridge; Dooly County. Designate; Brooks Pennington Memorial Parkway; Highway 441 bypass. Designate; Buddy Reddick Parkway; bypass around Fort Valley. Designate; Captain Henry Will Jones Bridge; Lanier County. Designate; Chet Atkins Parkway; portion of Interstate 1-185. Designate; Coogan Ray Bleodow Memorial Bridge; Cobb County. Designate; Cora Williams Intersection; City of East Ellijay. Designate; Corp. Wherry L. Abercrombie Memorial Bridge; Bacon County. Designate; Evelyn S. Wade Highway on Highway 120, Buchanan. Designate; George W. Ross Highway; City of Eton; Murray County. Designate; George W. Ross Highway in City of Eton.

SR 124 HR 268 HR 382 SR 260 HR 288 HR 245 SR 244 HR 287 HR 268
SR 48 HR 215 SR 251

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INDEX

2473

COMMEMORATIVE RESOLUTIONS (Continued)

Designate; Georgia Treasures Along 20 Trail; Covington, Social Circle, Rutledge

and Madison communities.

HR 258

Designate; Harvey R. Greene Bridge; Tobler Creek, Thomaston.

SR 244

Designate; Hugh L. Logan Interchange; Athens-Clarke County.

HR 49

Designate; Hugh L. Logan Interchange in Athens-Clarke County.

SR 9

Designate; Jack Eubank Memorial Highway; Columbia County.

HR 112

Designate; Lauren 'Bubba' McDonald Parkway; Commerce By-Pass.

SR 214

Designate; L.G. Landers Memorial Bridge; Austell.

SR 304

Designate; Lovell-Wikle Scenic Highway; Habersham County.

SR 214

Designate; Martin Luther King, Jr. Memorial Highway; Marietta.

SR 63

Designate; N. A. West Bridge; City of East Ellijay.

HR 288

Designate; Pfc Clarence Loman Gaskins Memorial Bridge; Bacon County.

HR 268

Designate; Pfc James Robert Googe Memorial Bridge; Bacon County.

HR 268

Designate; Reverend Charles Walter Hayes Memorial Highway and

Bridge. . . . . ............................................... . . SR 252

Designate; Reverend Charles Walter Hayes Memorial Highway and

Bridge.

HR 159

Designate; Segal Durrence Memorial Bridge; Reidsville.

SR 305

Designate; Thomas Kirkland Bridge; Coffee County.

SR 253

Designate; Trail of Tears Highway; S.R. 225 to Tennessee state line.

HR 324

Designate; Veterans Memorial Highway; Cobb County. . . ................ SR 244

Designate; Veterans Memorial Parkway in Effingham County.

HR 106

Designate; Walter H. Buce Memorial Bridge; Cobb County.

SR 305

Designate; Walter L. Dasher Memorial Bridge.

SR 88

Designate; Wendy Bagwell Parkway; Paulding County.

SR 304

Designate; Wendy Bagwell Parkway; Paulding County.

SR 316

Designate; Wendy Bagwell Parkway; Paulding County.

HR 245

Designate; William Crittenden Building at Central State Hospital.

HR 289

Designate; William Thomas Overby Memorial Parkway; Sharpsburg.

SR 260

Designate; Woodstock Centennial Interchange.

SR 214

Designation or Naming of Roads and Bridges; State DOT Board powers.

SB 122

Designation to Honor Harold S. Willingham; South Marietta Loop.

SR 236

COMMERCE AND TRADE (Also See Professions and Businesses)

African American Business Enterprise Day; proclaiming.

SR 40

Agency Relationships; transfer of property ownership; restrictions.

HB 55

Alcoholic Beverages; brewpubs; sales to dealers; brewery tours. ............. SB 289

Alcoholic Beverages; distilled spirits, wines; advertising prices.

SB 52

Alcoholic Beverages; new retail liquor store locations; restriction.

HB 500

Alcoholic Beverages; possession by person under age 21; punishment.

SB 206

Alcoholic Beverages; prohibit direct shipments to unlicensed persons.

HB 119

Alcoholic Beverages; retail consumption on premises; admission to persons

under age 21 prohibited.

SB 378

Alcoholic Beverages; retail sales; location near churches, schools.

SB 298

Antifreeze Products; license to sell; sample testing; certification.

HB 182

Automobile Carriers; maximum length, overhang for certain roadways.

SB 272

Bank Automated Teller Machines; transaction fees charged customers.

HB 630

Banking and Finance; corrections, additions to regulations. .........

SB 154

Brewery Tours, Brewpubs; authorize certain activities, permits.

HB 834

Businesses Installing, Servicing Portable Fire Extinguishers Upon Own

Property; license exemption.

HB 415

Code Revision; Title 10; correct errors and omissions.

HB 123

Commercial Real Estate Brokerage Services; commission rights.

HB 255

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2474

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued)

Commercial Vehicles; separate ad valorem tax class, valuation method. . . HB 418

Consumer Credit Reporting Agencies; violations; deceptive practices.

SB 218

Consumer Privacy in the Marketplace; committee to study. ............. SR 301

Corporate Credit Card Data Processors; income taxation formula. .......... HB 424

Corporations; business and nonprofit; extensive revisions.

....

. HB 294

Corporations; limited liability partnerships; requirements. ...........

HB 349

Corporations; venue in damage actions for torts, wrongs or injury.

SB 371

Dairy Producers; incentives to keep competitive; study committee.

. . SR 195

Deceptive or Unfair Trade Practices; judgments; collections; fees. ........ HB 712

Electronic Commerce; Georgia Electronic Records and Signatures Act. . . . SB 103

Enterprise Zone Employment Act of 1997; business tax incentives.

HB 663

Farm Wineries; sales of wines and alcoholic beverages on premises. ....... HB 93

Farm Winery Sales; designation of special entertainment districts.

HB 834

Fertilizer Product Sales; distributors; regulation; licensing. .............. HB 49

Food Service Establishments; hair nets required of food preparers. . . . . . . HB 474

Franchise Businesses; marketing and contract rights. ....

.......... SB 246

Gaming Equipment Manufacturers, Processors; authority to sell. ........... SB 14

Heavy-duty Equipment Motor Vehicle Dealers; ad valorem taxation.

... HB 419

Hospitals Owned by Nonprofit Corporations; acquisition transactions.

HB 600

Hotels With Condo Units, Commercial Space; in-room service of alcoholic

beverages to registered quests. ...

.............. SB 144

Income Tax Credit; claims for creating new jobs; calculation basis. ......... HB 151

Inventory; ad valorem tax exemption; filing application, schedule.

HB 459

Land Zoned for Commercial Use; tort liability of owner; insurance. .......... SB 388

Limousine Carriers; certificate of public convenience; requirements.

SB 310

Lobbyists; prohibit gifts or services to individual legislators. ................ SB 177

Motor Vehicle Dealers; registration, licensing of vehicles. . . .

HB 205

Motor Vehicle Dealerships; use of special license plate number. ........... HB 104

Motor Vehicle Repair Shops; registration; training; disclosure.

. . SB 225

Municipal Service Providers; noncompetitive acts against.

........... SB 343

Natural Gas Competition and Deregulation Act; enact. . . . . ........

SB 215

Outdoor Advertising Displays; vegetation maintenance permits.

. .... SB 337

Pawnbrokers; vehicle title pawn transactions; excessive interest. ....... . SB 239

Payroll Checks; unclaimed wages; disposition after one year.

...... SB 217

Physically Disabled Persons; admittance to facilities.

................. HB 351

Power of Attorney; clarify when agent's authority terminates.

SB 183

Professional Employer Organizations; licensing; employee leasing. .......... SB 126

Public Utilities; violations; maximum penalties recoverable by PSC.

SB 130

Recycling and Economic Development Study Committee; create. ............ SR 112

Rental Motor Vehicle Agreements; collision damage waivers.

SB 167

Retail Revolving Accounts; effective when certain conditions met.

HB 431

Securities Dealers; certain split commissions not unethical. ..........

SB 13

Selling Candy, Toys, Novelty Items Packaged Like Drug Paraphernalia. ...... SB 6

Shopping Malls, Office Complexes; child care facilities; licensure. .......... SB 222

Small Employers; formation of health plan purchasing cooperatives.

SB 93

State Regulated Practice or Business; variance from rule, regulation.

... SB 81

Telemarketing, Computer Networks, Home Repairs; unlawful sales practices;

theft, fraud or deceit; civil and criminal penalties. ............

HB 708

Telephone Solicitors; unsolicited calls, blocking caller ID service; prohibited

actions; enforcement.

....

............. . HB 71

Theft by Shoplifting; third or subsequent convictions; punishment.

HB 423

Ticket Brokers; selling admission tickets; requirement; restrictions. ........ HB 283

Vendor Agreements; sale, promotion of commemorative license plates.

HB 487

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INDEX

2475

COMMERCE, CITY OF Corporate limits; annex certain property. Designate; Lauren 'Bubba' McDonald Parkway; Hwy 441.

HB 461 SR 214

COMMERCIAL CODE Code Revision; Title 11; correct errors and omissions. Perfecting Instruments Securing Obligations of Railroad and Utility Corporations.

HB 123 HB 533

COMMISSIONS, BOARDS

ACF, Apalachicola-Chattahoochee-Flint River Basin Commission; create.

HB 149

ACT, Alabama-Coosa-Tallapoosa River Basin Commission; create.

HB 148

Agricultural Commodity Commission for Peanuts; overview committee.

SB 365

Board of Children and Youth Services; change name to Board of Juvenile

Justice.

HB 622

Board of Cosmetology; registration; students; persons not required.

SB 287

Board of Regents; priority admission policy for Georgia residents.

HR 48

Board of Workers' Compensation; regulations and authority.

HB 331

Civil War Commission; historic sites acquisition and preservation.

SB 178

Coastal Region Aquarium, Maritime Facility Study Commission; create.

SR 185

Commission on Family Violence; Administrative Office of the Courts.

SB 171

Consolidated Board for Primary Care Medical Education; create.

SB 391

Corrections; educational programs; re-employment of teachers.

SB 156

Council on Rural Transportation and Economic Development; extend.

HB 621

Georgia Citizens Commission on Compensation of Public Officials.

HR 296

Georgia Commission on Women; clarify activities; members acting in official

capacity not lobbying; expense reimbursement.

HB 761

Georgia Council of Court Administrators; creation.

SB 306

Georgia Indigent Defense Council; membership on Criminal Justice

Coordinating Council.

HB 187

Georgia Long-term Care Study Commission; creation.

SR 145

Graduate Medical Education Study Commission; create.

HR 249

Harold F. Holtz Municipal Training Institute; new name; membership.

SB 94

Indemnification of State Highway Employees; amend Constitution.

SR 64

Indemnification, State Commission; add Transportation Commissioner.

SB 117

Medical Examiner Advisory Commission; creation.

HB 557

Metropolitan Area Planning and Development Commissions; membership. HB 208

Motor Vehicle Repair Advisory Council; create.

SB 225

Motor Vehicles Purchased Public Funds; visible identifying markings.

HB 624

Motor Vehicles Purchased With State Funds; identifying markings.

SB 349

Pardons and Paroles Board; abolish; grant authority to General Assembly;

amend Constitution. ........ . ......

.

....... ...... SR 215

Pardons and Paroles Board; citizen inquiry; electronic call system.

SB 23

Pardons and Paroles Board; members, employees; holding public office.

HB 407

Pardons and Paroles Board; persons ineligible parole, early release.

SB 162

Pardons and Paroles Board; votes cast by members; public inspection.

SB 201

Professional Practices Commission; appointment of members emeritus.

HB 420

Public Service Commission; powers; implementation of 22-mile toll-free calling

within certain local telephone exchanges.

HB 888

Rail Passenger Authority; authorized projects; DOT Board approval.

SB 118

Real Estate Appraisers Board; investigations; collection fees.

HB 172

Real Estate Commission; rules, regulations; investigative functions.

HB 173

Sam Nunn Tribute Commission; creation.

SR 50

State Board of Education; new method of selection; election of members by

General Assembly. ..................................................... SR 37

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2476

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS (Continued)

State Board of Medical Examiners; geographic representation.

HB 238

State Board of Pharmacy; organization; authority; enforcement power.

HB 330

State Board of Transportation; powers; names of roads and bridges.

SB 122

State Board of Workers' Compensation; audits; Self-insurers Guaranty Trust

Fund.

SB 166

State Building Projects; inform local legislative delegations prior to public

announcement and notices.

SR 159

State Commission on the Condemnation of Public Property; powers in water

quality emergencies.

SB 319

State Depository Board; additional member; voting restrictions.

SB 119

State Employees; awards for suggestions or initiatives; nominations.

HB 197

State Examining Boards; judicial review of revocation decisions.

SB 344

State Government Waste Task Force; create; recommendations.

SR 171

State Personnel Oversight Commission; creation.

SB 271

State Properties Commission; Secretary of State serve as secretary.

SB 172

State Property Commission; study and report to General Assembly; utilization

of closed Brook Run Facility Property.

SR 167

Stone Mountain Memorial Association; purposes; use of revenue funds.

SB 367

Stone Mountain Memorial Association; restrict use of natural areas.

SB 146

Structured Sentencing Commission; review criminal justice system.

SR 100

Study Commission on Promoting Aerospace Development, Commercial Space

Activities, and Telecommunications Technology

SR 46

COMMITTEES; Senate Standing; appointed for 1997-98

Page 14

COMMITTEES, STUDY (Also See Commissions, Boards)

Automobile and Motorcycle Insurance Policy Cancellation and Nonrenewal

Study Committee

SR 273

Campaign Finance Reform and Ethics Study Committee

SR 333

Coastal Region Aquarium and Maritime Facility Study Commission.

SR 185

Council on Rural Transportation and Economic Development.

HB 621

Driver's Education Study Committee.

SR 17

Electronic Commerce Study Committee.

SB 103

Emergency 911 Telephone Systems Funding Study Committee.

SR 53

Georgia Dairy Production Senate Study Committee.

SR 195

Georgia Long-term Care Study Commission.

SR 145

Georgia National Guard Future Mission Requirements Study Committee.

SR 382

Graduate Medical Education Study Commission.

HR 249

Impact of the Temporary Assistance for Needy Families Act on Immigrants and

Migrants in Georgia.

SR 219

Information Technology Relating to Technical Institutes and Public Libraries

Study Committee.

SR 334

Insurance Commissioner Conduct Impact Study on Reducing Workers'

Compensation Losses and Drug-Free Workplace Premium Credits.

HB 584

Joint Campaign Finance Reform Study Committee.

SR 270

Joint Coastal Ground-Water Resources Study Committee.

SR 225

Joint Coastal Ground-Water Resources Study Committee; and Upper Floridan

Aquifer Technical Advisory Committee.

HR 326

Joint Driver's Education Study Committee and Joint Georgia Transportation

Study Committee. ..................... ............................... SR 72

Joint Georgia Transportation Study Committee.

SR 303

Joint Georgia Transportation Study Committee.

HR 464

Joint Guardianship Rewrite Committee; re-creation.

SR 73

Refer to numerical index for page numbers

INDEX

2477

COMMITTEES, STUDY (Continued)

Joint Overview Committee of the Agricultural Commodity Commission for

Peanuts.

SB 365

Joint Property Tax Study Committee.

SR 275

Joint Study Committee on Baldwin County State Properties.

SR 151

Joint Study Committee on Comprehensive Revision of Elections Code.

SR 249

Joint Study Committee on Consumer Privacy in the Marketplace.

SR 301

Joint Study Committee on Cost Analysis Prison and Jail Construction.

SR 172

Joint Study Committee on Historic Preservation.

SR 302

Joint Study Committee on Historic Preservation.

HR 425

Joint Study Committee on Home Study Programs.

SR 4

Joint Study Committee on Issuance State and Local Bond Indebtedness.

SR 290

Joint Study Committee on Prevention, Treatment of Substance Abuse.

SR 232

Joint Study Committee on School Choice Vouchers.

SR 21

Joint Subsequent Injury Trust Fund Study Committee.

SR 279

Music Industry Committee and Citizens' Advisory Council.

SR 23

Property Tax Study Committee.

SR 274

Random Student Drug Testing Study Committee.

SR 5

Recycling and Economic Development Study Committee.

SR 112

Senate Committee on School Choice Vouchers.

SR 22

Senate Structured Sentencing Commission.

SR 100

Shrimp Fishery Study Committee. ............ .......................... SR 291

State Office Campaign Finance Joint Study Committee.

SR 255

State Office Campaign Finance Study Committee.

SR 254

State Properties Commission; study best utilization of Brook Run Mental

Retardation Facility Property. .... ................................... SR 167

Study Commission on Promoting Aerospace Development, Commercial Space

Activities, and Telecommunications Technology.

SR 46

Study Committee on Adapted Sports Programs.

SR 263

Study Committee on Appropriate Medicaid Reform.

SR 371

Study Committee on Child Custody; create. ............................... SR 321

Study Committee on Controlled School Choice

SR 366

Study Committee on Cosmetology Curriculum.

SR 319

Study Committee on DeKalb County's Form of Government.

SR 386

Study Committee on Effectiveness and Efficiency in State Government.

SR 367

Study Committee on Foster Care and Adoption; re-creating.

SR 280

Study Committee on Job Training.

SR 339

Study Committee on Link Between Violence Toward Animals and Violence

Towards Humans. ..................................................... SR 89

Study Committee on Presumption Joint Legal and Physical Child Custody. SR 233

Study Committee on School Support Personnel.

SR 397

Study Committee on Simplification of Automobile Registration

and Taxation ..............................................

SR 272

Study Committee on Simplification of Automobile Registration

and Taxation, Joint. ..........................................

SR 271

Toccoa-Stephens County Governmental Consolidation Study Committee.

HR 214

Uninsured Motorists Study Committee.

............................ SR 168

Waycross-Ware County Charter and Unification Study Committee.

HR 82

Welfare and Health Care Reform, Impact on Working Georgians Study

Committee. ..................................... .................... SR 395

Women's Cancer Care Issues Study Committee.

SR 378

Women's Health Care Issues Study Committee.

SR 340

Refer to numerical index for page numbers

2478

JOURNAL OF THE SENATE

COMMUNITY AFFAIRS DEPARTMENT

Building Permits; protective codes, standards; resolving conflicts.

SB 212

Duties; reports on local government services and operations.

HB 491

Duties; verify local government service delivery strategy agreements.

HB 489

Regional Development Centers; change boundaries; Heart of Georgia-Altamaha

RDC; transfer Pulaski County to Middle Georgia RDC.

HR 105

Regional Development Centers; change boundaries; Middle GA RDC;

transfer Jasper County to Northeast GA RDC.

HR 398

COMMUTER RAIL SERVICE Georgia Rail Passenger Authority; direct study relative implementation of commuter and intercity passenger rail service. Supporting Development Intermodal Transit Station to Link Services.

SR 286 SR 62

COMPENSATION RESOLUTIONS Claims Against the State; Alfonzo Price. Claims Against the State; Andrew Steven Jenkins. Claims Against the State; Chad B. Kee. Claims Against the State; Daniel W. Vining. Claims Against the State; Darla J. Alfredson. Claims Against the State; George Calhoun. Claims Against the State; Joan Smith. Claims Against the State; Mr. and Mrs. Thomas H. Spelts, Jr. Claims Against the State; Mr. and Mrs. William E. Lee. Claims Against the State; Nadine LaVerne Carter. Claims Against the State; Wendy L. Roslund.

HR 313 HR 21 HR 145 HR 168 HR 22 HR 248 HR 43 HR 247 HR 246 HR 176 HR 113

COMPUTERS (See Electronic or Telecommunications)

CONDOMINIUM UNITS WITHIN HOTELS; alcoholic beverage in-room service.

SB 144

CONFLICTS OF INTERESTS (See Ethics or Elections)

CONGRESS, U.S. (Also See Federal Government)

Declaring Georgia's Sovereignty Under the U.S. Constitution.

SR 74

Unemployment Insurance; request state project to run own UI System.

SR 351

Urge Congress Adopt the Balanced Budget Amendment.

SR 180

Urge Congressman Bob Barr Help Resolve West Point Lake Problems.

SR 353

Urge Develop Effective H2A Programs for Agricultural Employers.

SR 360

Urge Environmental Protection Agency to Hold Hearings in NW Georgia

on Proposed Chemical Weapons Incinerator in Anniston, Alabama.

SR 152

Urge Public Hearings in NW Georgia Relative Chemical Weapons Incinerator,

Anniston, Alabama.

HR 174

Urge Recognition of Adverse Affect of Subsidized Canadian Lumber Imported

Duty-free.

SR 387

Urge Support for the Admission of Republic of Poland to NATO.

SR 205

CONSERVATION AND NATURAL RESOURCES (See Natural Resources or Environmental)

CONSTITUTIONAL AMENDMENTS

Authority to Pardon or Parole Vested in General Assembly; abolish

State Board of Pardons and Paroles.

SR 215

Bills for Revenue or Appropriate Money; originate in House of Representatives

or Senate. ............................................................ SR 55

Civil Trials; provide for trial juries of six persons.

SR 200

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INDEX

2479

CONSTITUTIONAL AMENDMENTS (Continued)

Compensation of Public Officials; provide for a Georgia Citizens Commission to

fix salaries; remove authority of General Assembly.

HR 296

DUI Offenses; additional penalties; allocate to Brain and Spinal

Injury Trust Fund. . . . . . ..........

........

............ SR 144

Elections; members of the Georgia Senate; change minimum age. ...... . . . . SR 41

Elections; members of the Georgia Senate for Four-year Terms.

SR 161

General Assembly; term limitations; six two-year terms.

SR 216

Indemnification of State Highway Employees Killed or Permanently Disabled

in Line of Duty. ................. ............

SR 64

Local School Superintendents; provide for election of.

SR 76

Motor Vehicle Taxation Specified by General Assembly; disposition

of license and registration fees. . . . . .

.........

SR 132

Municipal Jails; funding for construction, operation, staffing; additional

criminal or traffic law penalties.

........ . . . .

SR 331

Persons Ineligible Public Office; defaulters, delinquent taxpayers. ......

SR 6

Provide for an Environmental Trust Fund; reparation of damages.

SR 86

Public Initiative Petition Process for People to Propose or Amend Laws

in State-wide Referendums. .

SR 8

Public Initiative Petition Process to Enact or Reject Statutes

and Amendments to Constitution.

SR 176

Public Initiative Process for People to Propose, Enact, Reject Laws.

SR 146

Recycling and Solid Waste Reduction Fund; provide by general law.

SR 56

State Appropriations; prohibit total outlays exceeding revenue

sources; requirements to enact taxes, fees, assessments.

SR 248

State Board of Education; election from each congressional district by General

Assembly. .......... ........ .........

...

SR 37

State Departments and Agencies; establish expenditure limitation;

provide state reserve fund; refund of excess revenues.

. . SR 177

State Government Waste Task Force; create; legislative action.

SR 171

State School Superintendent; qualifications for office; 5-year college degree,

3-years employed as teacher.

SR 170

State Taxes, Fees, Assessments and Charges; general bills authorizing;

approval by 2/3's of General Assembly ........

SR 147

CONSTITUTIONAL OFFICERS (See Public Officers and Employees)

CONSTRUCTION (Also See Contractors or Contracts)

Asphalt Roofing Shingles; disposal restrictions; recycling plan.

HB 57

Heavy-duty Equipment Vehicles; ad valorem taxation.

.....

HB 419

Home Improvement Contracts; regulate; requirements of contractors.

SB 295

Home Repair or Home Improvement Work; unlawful sales practices to commit

fraud or theft; penalties.

HB 708

Housing Trades; job skills training program for certain youth.

SB 68

Industry; historic preservation rehabilitation benefits; study.

SR 302

Lien Actions; contracting parties with a contractor, subcontractor.

HB 298

Residential Building Permits Forms; information relative lien laws.

HB 322

Residential Housing; effect of proposed legislation or agency rules.

SB 275

CONSUMER TRANSACTIONS (Also See Selling and Other Business Practices);

Agriculture Commissioner; subpoena powers; records of licensees.

SB 102

Bank Automated Teller Machines; transaction fees charged customers.

HB 630

Banks; cashing checks drawn on customer account; prohibit charge fee.

HB 570

Consumer Credit Reporting Agencies; enforcement of federal law.

SB 218

Consumer Education; deceptive or unfair trade practices.

HB 712

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2480

JOURNAL OF THE SENATE

CONSUMER TRANSACTIONS (Continued) Consumer Privacy; invasive computer technologies; study of. Drinking Water; customer rates; private-owned public water systems. Motor Vehicle Repairs; estimates; guarantees; replacement parts. Natural Gas Competition and Deregulation Act; enact. Perishable Foods Sold at Retail; labeled; expiration date. Rental Property; landlords; disclose name, address, telephone number. Telephone Numbers of Subscribers Objecting to Unsolicited Calls; PSC maintain database; solicitors prohibited call numbers included. Uninsured Motorists; financial responsibility for injuries.

CONTRACTORS
Building Permits for Residential Improvements; information required. Fire Protection Systems, Water Sprinklers; regulation; licensing. Home Improvement Contracts; requirements; bonds; notice of lien. Liens; contracting party actions for payment of materials, services. Public Works Projects; prohibit employ illegal aliens; penalty.

CONTRACTS

Bad Checks; service charges; increase amount to $25.

..

Counties, Municipalities; construction projects; bidding procedures.

Department of Transportation; negotiated contracts of $50,000.

Home Improvement Contracts; regulations; contractor requirements.

Local Authorities; financing; prohibit issue certain obligations.

Local School Systems; multiyear contracts; limitation exclusion.

Public Works Contracts; bids; requirements; emergency situations.

Public Works Projects; contractors; prohibit employ illegal aliens.

CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies or Crimes) Change Listing, Penalties for Possession, Trafficking; flunitrazepam, methamphetamine or amphetamine. . . . Controlled Stimulant Drugs; phenylpropanolamine; prohibited sales. Criminal Activity Motivated by Pecuniary Gain; Georgia RICO Act. Dangerous Drugs Used for Adverse Reaction to Vaccines; possession. Drug Addiction; committee to study prevention and treatment. Drug Dealers; illegal marketing; civil liability, damages against. Drug Violations; evidence testing; GBI Division, Forensic Sciences. Drugs; accusation of illegal activity; declare property a nuisance. Drugs; felony convictions; prohibit grant license to carry a pistol. Pharmaceuticals; revise Georgia Pharmacy Practice Act. Punitive Damage Awards; tort cases involving intoxicating drugs.

COOK COUNTY; Board of Commissioners; compensation.

COOK, TINA E.; University System Scholar; commend.

COOSA RIVER; water allocation agreement; ACT Compact with Alabama.

CORDELE-CRISP COUNTY FISH FRY OFFICIALS; commend.

CORONERS (See Medical Examiners or Public Officers)

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Business Corporations; shareholder actions; meetings; inspectors; voting shares; security interests; merger plans; filing fees; dissolution. Business Corporations; torts, wrongs, injury damage actions; venue. Code Revision; Title 14; correct errors and omissions. Employees Representing Businesses before the Magistrate Court.

SR 301 SB 252 SB 225 SB 215
SB 96 SB 281
HB 71 SR 168
HB 322 HB 505 SB 295 HB 298 SB 257
HB 329 HB 32 SB 120 SB 295 HB 803 SB 336 SB 229 SB 257
HB 111 SB 208 SB 282
SB 20 SR 232 SB 80 HB 557
SB 7 SB 350 HB 330 HB 572
HB 436
SR 428
HB 148
SR 189
HB 294 SB 371 HB 123 SB 313

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INDEX

2481

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS (Continued)

'Healthdyne Bill'; a Senate substitute provided staggered terms of directors; not

included in final version.

................. HB 294

Income Taxes; bank credit card data processors; change formula. ....... HB 424

Insurers, Domestic; enact Investment Pool Act of 1997. ......

HB 573

Investment Portfolio of Certain Public Retirement Systems.

HB 463

Limited Liability Partnerships; procedures, requirements.

HB 349

Lobbyists; prohibit gifts or services to individual legislators.

SB 177

Nonprofit Corporations; filing fees; dissolution; define 'entity';

indemnification; incorporation; mergers.

.......

HB 294

Nonprofit Corporations; two or more volunteer fire departments.

. SB 30

Nonprofit Health Plan Purchasing Cooperatives for Small Employers.

SB 93

Nonprofit; Hospital Authorities and transactions between directors.

SB 261

Nonprofit Hospital Authorities; conflicts of interest; rules.

HB 445

Nonprofit Hospital Corporations; sales or leases; disposition of

assets to acquiring entities; requirements.

HB 600

Partnerships; certain income nontaxable; eliminate withholding tax.

HB 241

Regional Development Centers; creation of for-profit corporations.

SB 389

State Regulated Entities; variance from rules, regulations; waivers.

SB 81

Tangible Property Inventory; filing for ad valorem tax exemption.

HB 459

CORRECTIONS (Also See Inmates or Jails)

At-Risk or Delinquent Youth; incarceration within Department

of Corrections; repeal provisions.

Code Revision; Title 42; correct errors and omissions.

Department; certification of records; admissible evidence.

Department; certification of records; admissible evidence.

Department; full-time teachers previously separated; re-employment.

Department; probation officers; disability benefits.

Inmate Parole Considerations; citizen input; electronic call system.

Inmates; costs of incarceration; reimbursement to state.

Inmates; felony offenders; not eligible parole or reduced sentence.

Inmates; offenses committed within a state institution; sentencing.

Inmates; parole condition; sex offenders; chemical castration.

Inmates; parole conditions; sex offenders of children; hormonal chemical

treatment to change behavior.

Inmates; parolee records; citizen inquiry; electronic call system.

Inmates; probation restrictions; crimes relating bombs, explosives.

Inmates; sex offenders convicted other states; registration.

Inmates; sexually violent predators; state registration program.

Juvenile Felons; development of training camps to rehabilitate.

Juvenile Services; Children and Youth Services renamed as Department

of Juvenile Justice and Board of Juvenile Justice.

......

Municipal Correctional Officers; Administrative Investigators; peace officer

certification.

Pardon or Parole Authority Vested in General Assembly; abolish State Board

of Pardons and Paroles.

Pardons and Paroles Board; members, employees; holding public office.

Pardons and Paroles Board; votes cast by members; release to public.

Parole; felony criminal offenders not eligible; serve full sentence.

Prison and Jail Construction Cost Analysis; committee to study.

Prison Wardens; training requirements; waivers.

Prisoner Litigation; civil actions; appeals require an application.

HB 438 HB 123
SB 48 SB 47 SB 156 SB 326 SB 23
SB 3 SB 4 SB 258 SB 5
HB 211 SB 242 SB 227
SB 39 SB 105
SB 18
HB 622
HB 791
SR 215 HB 407 SB 201 SB 100 SR 172 HB 288 SB 370

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2482

JOURNAL OF THE SENATE

CORRECTIONS (Continued)

Probationer Supervision; county and municipal private service providers;

registration; reports; advisory council. ........................ .......... SB 69

Probationers Charged With a Misdemeanor Involving Injury or Threats.

SB 46

Sentence of Confinement for Offense of Theft by Shoplifting.

HB 423

Sentencing; create Structured Sentencing Commission.

... SR 100

State Prisons; private management contractors; use of penal labor. ....... SB 48

COSMETOLOGY

Students Learning Occupation of; registration; instructors; persons who wash

hair not required register.

............... ................ SB 287

Study Committee on Cosmetology School Curriculum. ................

SR 319

COUNCIL ON RURAL TRANSPORTATION AND ECONOMIC DEVELOPMENT; extend.

HB 621

COUNSELORS Marriage and Family Therapist; licensure; education requirements. ....... HB 272 Professional; license exception; educational institution employees. .......... HB 416

COUNTIES (Also See Local Government)

Acts of General Assembly Affecting Revenues; effective date; notice.

. HB 188

Ad Valorem; commercial vehicles; separate ad valorem tax class.

HB 418

Ad Valorem; delinquent properties; collection by tax executions.

SB 270

Ad Valorem; exemption; applicability to homestead, inventory, public property;

filing properly; tax digest deadlines.

.................. ...... HB 459

Ad Valorem; motor vehicles and heavy-duty equipment; two distinct and

separate subclasses. ......

..................................... HB 419

Ad Valorem; property appraisal staff; procedural manual.

HB 429

Ad Valorem Tax Digests; completion date; time period for appeals.

SB 137

Adoption of a Service Delivery Strategy With Cities to Minimize Duplication

of Services; requirement for state grants, loans. ...... ............... HB 489

Alcoholic Beverages; distilled spirits; dealer licenses; residency. ......

SB 111

Alcoholic Beverages; new retail liquor store locations; restriction. .......... HB 500

Authorities for Residential Care for the Elderly; additional powers.

... HB 297

Bid Procedures; buildings constructed for lease to state agencies. ........... HB 32

Boards of Health; boundaries for the delivery of services.

........... SB 317

Boards of Health; food service establishments; enforce hair nets. ....... HB 474

Boards of Health; functions; sewage treatment management. ............... SB 165

Boards of Health; licensee violations; enforcement; contempt actions.

HB 295

Boards of Health; transferred employees of community service boards.

SB 360

Bond Elections; date of November general election; exception. .........

SB 256

Building Permits; information required; home inspector licensing.

HB 322

Capital Felony Prosecutions; expenses eligible for reimbursement. ......... SB 56

Consolidated Governments Creating Municipal Courts; powers, duties. ...... HB 54

Counties Between 45,000-50,000; repeal board of elections.

HB 833

Counties of 180,000 or More; county administrators; appointment.

SB 136

County Administrators; probate court appointments; all counties. .......... HB 245

County and Municipal Probation Advisory Council; membership. ........... SB 69

County Boundary Lines; petitions to change; procedures. ..........

. SB 380

Court-connected Alternative Dispute Resolution Program; funding.

SB 133

Courts; criminal cases; fines to fund victim assistance program. ........... HB 324

Disability Commissions; establish to meet needs of the disabled. . .

. SB 383

Employment Benefits; in lieu cash compensation prohibited. ................. SB 32

Enterprise Zone Employment Act; unemployment, distressed areas. ........ HB 663

Homestead Option Retail Tax Levy of 1%; change certain limitations.

HB 165

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INDEX

2483

COUNTIES (Continued) Homestead Option Sales, HOST Tax; purposes; capital outlay projects. Hotel-Motel Excise Tax; authority; community auditorium or theater. Hotel-Motel Excise Tax; authority; convention and conference center. Hotel-Motel Excise Tax; authority; maritime trade center; museums. Hotel-Motel Excise Tax; cap aggregate tax rates; certain counties. Hotel-Motel Excise Tax Levy by Consolidated Governments; conditions. Income Tax Refund Setoff; claims against persons owing money. Insurance Premium Tax; funds expended to serve unincorporated areas. Job Training, Workforce Development; grants; contracts; programs. Judicial Circuits; personnel provided Office of District Attorney. Judicial Sales; legal advertising; qualifying as official newspaper. Land Bank Authorities; creation by interlocal party governments. Law Libraries; maintain codification of county ordinances; funding. Local Authorities; financing activities outside territorial limits. Local Sales Tax Levies; applicable exemption to food, beverages. Lottery Proceeds; limit annual amount each county entitled. Motor Vehicles; insurance to cover liability for damages. Motor Vehicles Purchased Public Funds; visible identifying markings. Motor Vehicles Purchased With Public Funds; identifying markings. Officers, Employees, Retirees; state employees' health insurance. Probationer Supervision Services; private providers; requirements. Property Records Indexes and Real Estate Data; re-create in uniform format for automated information system. Public Works Contracts; bids; requirements; emergency situations. Records; document storage facilities; location; retrieval. Regional Housing Authorities; commissioners representing each county. Reporting Data on Finances and Service Delivery; charts; surveys. Rewards for Apprehension of Felony Criminals; authorized amounts. Rock Quarrying Activities Near Populated Areas; urge review. Sales Tax for Local Educational Purposes; define and implement. Sales Tax; homestead option tax; purpose; proceeds; ballot question. Sales Tax; imposition procedures; notice to municipal officials. Sales Tax; local special purpose taxation; referendum elections. Sales Tax; special county 1%; termination date; change provisions. Sales Tax; special 1%; capital equipment; municipal participation. Solid Waste Management; deactivating authorities; hearings prior entering certain contracts; tax, fee collections. Solid Waste Management; deactivating authorities; siting disposal facilities adjacent other city, county. Solid Waste Management; long-term reduction goals. State Courts; judgments for liquidated damages; partial payments. Tag Agents; vehicle registration, titles; custodial functions. Tax Commissioner or Collector; taxes, fees for solid waste services. Volunteer Fire Departments Consolidating Into Nonprofit Corporation. Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager.
COURT REPORTERS Depositions; relationship to parties; waiver of disqualification. Office of Senior Court Reporter; provide for.
COURTS (Also See Judicial Circuits or Individual Courts) Administrative Office of the; assign Commission on Family Violence. Appeals; actions filed by prisoners; cases requiring an application.

HB 60 HB 508 HB 425 HB 706 HB 609
HB 94 HB 517 HB 492 SB 101 HB 124 HB 152 SB 143 SB 134 HB 803 HB 165 SB 333
SB 42 HB 624 SB 349
SB 91 SB 69
HB 524 SB 229 SB 324 HB 583 HB 491 HB 719 SR 389 HB 165 HB 60 HB 490 SB 264 HB 15 HB 531
HB 612
HB 219 SB 98 SB 35
HB 487 HB 612
SB 30
SB 319
SB 185 SB 210
SB 171 SB 370

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2484

JOURNAL OF THE SENATE

COURTS (Continued) Appeals Involving Child Custody Given Expedited Consideration. Appeals; Superior Court decisions in workers' compensation cases. Appellate; filings by district attorneys; payment of costs, fees. Appellate; judges; increase to 13 and 4 divisions; term of office. Appellate; jurisdiction; appeals; judgments, rulings of other courts. Appellate; senior judges and justices; compensation. Capital Felony Trials; judicial expenses; reimbursement to counties. Civil Actions; depositions; subpoenas, issuance by an attorney. Civil Actions; frivolous actions; award of litigation expenses. Civil Actions; opening and concluding arguments; parties entitled. Civil Actions; tortfeasors; codefendants residing different counties. Civil Actions; venue under long-arm statute over non-residents. Civil Cases; depositions; court reporters; disqualification waiver. Civil Cases; judgments for damages; criminal restitution. Civil Cases; notice of appeal; motion for supersedeas; filing. Civil Practice; actions for wrongful death; time limitation. Civil Practice; professional malpractice actions; affidavits. Civil Trials; juries consist of six jurors; amend Constitution. Code Revision; Title 15; correct errors and omissions. Council of Superior Court Judges; powers; uniform personnel policies. County Law Libraries; duties; ordinance codes; trustees; funding. Court Administrators, Georgia Council of; creation. Crime Victim Assistance Funding; courts impose additional fine. Crime Victim Compensation; victims of violence outside the state. Criminal Justice Coordinating Council; additional member. Criminal Prosecutions Under the Medicaid Fraud Forfeiture Act. Death Penalty Cases; applications for appeal; review procedures. Death Penalty Cases; review of pretrial proceedings; judge's report. District Attorneys' Offices; operations and personnel; functions. Evidence; admissibility of medical reports in civil cases. Evidence; admissible; certified records; Department of Corrections. Evidence; admissible; certified records; Department of Corrections. Evidence; forensic analysis, testing; Georgia Forensic Sciences Act. Family; judges training; gender bias; divorce laws; study committee. Family Violence Cases; jurisdiction over nonresidents. Family Violence Cases; nonresident petitioners; jurisdiction. Fines; additional DUI penalty; Brain and Spinal Injury Trust Fund. Fines; nonresident DUI offenders; in lieu of community service. Georgia Court-connected Alternative Dispute Resolution Act; enact. Grand Juries; witnesses; oath in criminal cases; perjury statute. Guardianship Statutes; re-create Joint Rewrite Committee. Indigent Defense Council; capital felony cases; defense expenses. Judicial Council of Georgia; rules; judicial capital felony expenses. Judicial Proceedings; offense of embracery; influencing witnesses. Jurisdiction and Venue Over Non-residents Under Long-arm Statute. Jurors; grand, trial; compilation of jury lists and jury boxes. Jurors; peremptory challenges; allow state same number as accused. Jury Strikes; misdemeanor and felony trials; size of jury panel. Juvenile; authority; Juvenile Justice Act of 1997. Juvenile; children placed in state custody; parent pay to support. Juvenile; continuation or dissolution of a temporary guardianship. Juvenile Delinquent, Unruly Child Placed in Foster Care; duration. Juvenile Felony Convictions; transmit record to school principals.
Refer to numerical index for page numbers

SB 73 SB 34 HB 124 SB 78 HB 291 SB 369 SB 56 HB 321
SB 1 HB 369 SB 372 HB 592 SB 185 HB 399
72 SB 84 SB 276 SR 200 HB 123 HB 125 HB 54 SB 306 HB 324 SB 90 HB 187 HB 377 SB 296 HB 1013 HB 124 HB 325 SB 47 SB 48 HB 557 SR 321 SB 171 SB 160 SB 110 SB 31 SB 133 HB 293 SR 73 SB 56 SB 56 SB 283 HB 592 SB 253 SB 64 SB 114 SB 132 SB 334 SB 180 HB 126 HB 180

INDEX

2485

COURTS (Continued)

Juvenile; judges; specialized training in child protection issues.

SB 75

Juvenile; jurisdiction; child custody disputes alleging abuse.

SB 74

Juvenile Law Enforcement Records of Felony Offenses; maintenance of.

HB 506

Juvenile; naming the Juvenile Justice Department and Board.

HB 622

Juvenile; paternity actions and legitimation cases.

SB 26

Juvenile; probation conditions; school attendance, passing grades.

SB 106

Juvenile; records; evidence in subsequent criminal proceedings.

SB 157

Law Libraries; maintain codification of county ordinances; funding.

SB 134

Magistrate Courts Training Council; appointment of members.

SB 313

Magistrate; employees of corporations; representation before court.

SB 313

Magistrate; monetary jurisdiction; increase to $15,000.

SB 325

Misdemeanor Jurisdiction; marijuana cases; state, municipal courts.

HB 347

Municipal Courts Created Through Consolidation; misdemeanor jurisdiction;

county law libraries, excess funds, trustees, duties.

HB 54

Municipal; person sentenced failure pay fine, cost; property levied.

SB 125

Notaries Public; certification by Superior Court Clerks

Cooperative Authority.

SB 284

Offenses Relating to Judicial Proceedings; judges, prosecutors, investigators,

law enforcement; compensation pertaining to cases.

HB 105

Power of Attorney; restrict agents transferring property ownership.

HB 55

Probate Code Revisions, OCGA Title 53.

HB 245

Prosecuting Attorneys' Council of Georgia; administrative functions.

HB 124

Prosecutorial Officer's Training Fund; disbursement of funds.

SB 200

Records or Papers; storage facilities outside of courthouse.

SB 324

Sentencing; create Structured Sentencing Commission.

SR 100

Sentencing; probationers; misdemeanors involving injury or threats.

SB 46

Sentencing; RICO Act applicable certain criminal activity patterns.

SB 282

Sheriffs; minimum annual in-service training; new sheriffs training.

HB 397

State; judgments for liquidated damages; deferred partial payments.

SB 35

State; solicitors-general; compensation from county funds.

HB 124

Superior and State; office of senior court reporter.

SB 210

Superior; clerks; duties; real property records indexes; uniform format for

automated information system.

HB 524

Superior; Clerks Training Council; membership; voting quorum.

HB 67

Superior Court Clerks Cooperative Authority; Notary certification.

SB 284

Superior Court Judges, District Attorneys; compensation; place authority

in a citizens commission; amend Constitution.

HR 296

Superior; judges; status of personnel employed within the offices.

HB 125

Superior; judicial review; professional license revocation decisions.

SB 344

Superior; Stone Mountain Judicial Circuit; provide for tenth judge.

SB 77

Trial Judges and Solicitors Retirement; mandatory retirement age.

HB 348

Trial Jury in Criminal Matters Consist of 12 Persons; trial jury in civil cases

consist of six persons. ................................................. SR 200

Trials Within 2 Years Following Indictment; DUI, vehicular homicide.

SB 83

Venue Regarding Business Corporations and Actions for Damages.

SB 371

Venue; tortfeasors; codefendants residing different counties.

SB 372

Witnesses; Grand Juries; oath in criminal cases; perjury statute.

HB 293

Witnesses; persons committing offense of embracery.

SB 283

COVINGTON, CITY OF Designation; Georgia's Treasures Along 20 Trail route. Property Conveyance; grant easement; natural gas service line.

HR 258 SR 164

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2486

JOURNAL OF THE SENATE

COWELL, POLICE CORPORAL FRANK P. OF RICHMOND HILL; commend.
COWETA COUNTY Board of Commissioners; chairperson election; member compensation. Board of Commissioners; compensation. Designate; William Thomas Overby Memorial Parkway; Sharpsburg.
COX, STEPHEN R., EAGLE SCOUT; commend. ..................
CRABBING, COMMERCIAL FISHERMEN; regulate use of crab traps, floats.
CRAWFORD, FRANK; commend.
CREDIT OR OTHER FINANCIAL TRANSACTION CARDS Corporate Credit Card Data Processors; income taxation formula. Retail Revolving Accounts; effective when certain conditions met.
CRIME INFORMATION CENTER (Also See GBI) Criminal Arrest Records; expungement of records in certain cases. Criminal History Records; firearms dealer inquiries; telephone service operational hours. ................................................... Criminal History Records; firearms dealer telephone inquiries. Records; background check of foster parents, other adult residents. Sex Crime Offenders; notices of release and expected residency.
CRIME VICTIMS (See Victims of Crime or Courts)
CRIMES AND OFFENSES Abortion; prohibited procedure; partial-birth abortion method. Abortion; unlawful procedure; partial-birth abortion method. Abortion; unlawful procedure; partial-birth abortion method. Abuse, Neglect or Exploitation of a Disabled Adult or Elder Person. Abuse of a Vulnerable Adult or Elder Person; warrantless arrests. Alcoholic Beverages Shipped to Unlicensed Residents; penalties. Arrest of a Peace Officer; required information on arrest affidavit. Arrest Records; criminal history relating to charges; purging of. Bail; Offense of Out-of-State Bail Jumping; definition; penalties. Battery Against a Female Who is Pregnant; punishment. Battery Against Teachers and Other School Personnel; penalties. Battery; offenses against elderly persons; specific penalty. Bombs, Explosives; disposal techniques, procedures not disclosed. Bombs, Explosives; penalty to possess or transport with intent to kill, injure or destroy public buildings. Child Care Facilities; persons with specified record of criminal offenses prohibited employment. Child Molesters; subsequent offenses; hormonal chemical treatment. Code Revision; Title 16; correct errors and omissions. Concealing Death of Another Person or to Hinder Discovery; penalty. Controlled Drugs; stimulants; phenylpropanolamine; sales to or possession by minors prohibited. Controlled Substances; change listing; penalties relating to flunitrazepam, amphetamine. Criminal Restitution; damages arising out of a criminal act. Disclosing, Selling Public Safety Records for Unauthorized Purposes. Drug Dealer Liability Act; actions against illegal drug marketers. Drug Paraphernalia or Syringes; sales of items which resemble.

SR 128
SB 221 SB 338 SR 260 SR 228
HB 212
SR 28
HB 424 HB 431
HB 183
HB 447 HB 290 SB 244 SB 375
SB 123 SB 348 SB 357 SB 127 SB 159 HB 119 HB 258 HB 183 HB 620 SB 205 SB 132
SB 67 SB 173
SB 227
SB 176 SB 5
HB 123 SB 316
SB 208
HB 111 HB 399 HB 587
SB 80 SB 6

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INDEX

2487

CRIMES AND OFFENSES (Continued)

Drugs; accusations of illegal activities; property declared nuisance.

SB 7

Drugs; felony conviction; prohibit grant license to carry a pistol.

SB 350

Family Violence; assault, battery; Crimes Against Family Members Act.

SB 67

Family Violence Incidents; law enforcement investigators training.

HB 673

Family Violence; petitions for relief involving nonresidents.

SB 160

Family Violence Shelters; disclosure of location unlawful; penalty.

HB 413

Family Violence Shelters; unlawful to disclose the location.

SB 171

Felony Criminal Offenders; not eligible parole or reduced sentence.

SB 4

Felony Criminal Offenders Shall Serve Full Sentence Without Parole. ....... SB 100

Firearms; background records check; GCIC telephone service hours.

HB 290

Firearms; clarify licensees authorized to carry in public places.

.SB 247

Firearms Protection for Minors; loaded guns; negligent storage.

SB 190

Firearms; purchaser records check; dealer inquiries; telephone service

operational hours; loan or pawn transaction exemption.

HB 447

Forensic Sciences Act of 1997; evidence testing; uniform procedures.

HB 557

Forgery; false ID documents; sales to a minor or illegal alien.

SB 199

Fraud Forfeiture Actions; acts committed by Medicaid providers.

. HB 377

Gaming Equipment Manufacturers, Processors; legal authority.

SB 14

Hate Crimes; condemning acts; urge effective law enforcement.

SR 313

Homicide by Vehicle Through DUI Violation; trial within 2 years. ........

SB 83

Inmates; offenses committed within state correctional institutions.

SB 258

Insurance Fraud Against Persons 60 Years of Age; increased penalties.

HB 233

Insurance Fraud; change definition.

HB 97

Insurance Fraud; false claims to procure payment of benefits.

....... HB 493

Juvenile Crime Prevention; after-school activity program.

SB 50

Juvenile Criminal Offenses; written notice to school officials. .............. SB 161

Juvenile Delinquency; malicious acts; parent, guardian liability.

HB 193

Juvenile Felons Age 10 to 16; training camps to rehabilitate.

SB 18

Juvenile Malicious Damage to Another's property; parent liability.

SB 89

Juveniles; designated felony acts; additional offenses.

SB 132

Juveniles; records proving similar criminal transactions; evidence. . .

SB 157

Littering; definition includes cigarette butts and chewing gum.

HB 248

Marijuana; possession of one ounce or less is a misdemeanor.

....... HB 347

Medicaid Fraud Forfeiture Act of 1997; criminal offenses defined.

HB 377

Medicaid Fraud; unlawfully obtaining payments.

SB 304

Offense of Abuse of a Dead Body; failure to give proper notification of

a person's death.

HB 651

Offense of Criminal Trespass; forbidden entry; property of a parent.

HB 100

Offense of Embracery; persons attempting to influence a witness.

SB 283

Offense of Escape; juvenile offenders; penalties.

SB 132

Offense of Habitual Impaired Driving; DUI violators; punishment.

SB 321

Offense of Vandalism to a Cemetery or Memorial; punishment.

HB 840

Patterns of Criminal Activity Motivated by Pecuniary Gain, Economic or

Physical Threat; Georgia RICO Act applicable.

.......

....... SB 282

Peace Officers; indictment for a crime; procedures; rights.

SB 140

Perjury; witnesses before the Grand Jury in criminal cases.

HB 293

Pharmaceuticals; violation of drug laws; enforcement agency. ......... . HB 330

Probationers Charged With a Misdemeanor Involving Injury or Threats.

SB 46

Rewards; amount which may be offered to apprehend felony criminals.

HB 719

School Safety Act; enact; student discipline, conduct code. .......

HB 567

Serious Violent Felony Crimes; punishment; ineligible parole.

SB 162

Sex Crime Offenders; registration; residency restrictions. ............... SB 375

Sex Offenders; child molesters; hormonal chemical treatment.

HB 211

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2488

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued)

Sex Offenders Convicted Other States; registration in Georgia.

SB 39

Sex Offenders; prohibit employ to supervise or care for children.

SB 176

Sexual Offenses; prostitution; vehicles used shall be forfeited.

SB 158

Sexual Offenses; rape or aggravated sodomy; mandatory imprisonment.

SB 15

Sexual Offenses; sodomy, child molestation, sexual battery; juveniles;

designated felony provisions.

SB 132

Sexually Violent Predators; hormonal chemical treatment. .................. SB 5

Sexually Violent Predators; state registration program; criminal acts

against a minor; federal Megan's Law.

SB 105

Sheriff Offices' Nomenclature Act of 1997; prohibited activities.

HB 289

Theft by Conversion of Rented Property; payment of replacement cost.

HB 178

Theft by Shoplifting; third or subsequent convictions; punishment.

HB 423

Theft; unlawful telemarketing, computer network practices; penalty.

HB 708

Vandalism to a Place of Worship Causing Injuries; penalty.

SB 226

Victim Assistance Programs; funding; courts impose additional fine.

HB 324

Victims of Violence or Abuse; discriminatory acts by insurers. .

SB 186

Violent Crimes, International Terrorism; crime victim compensation.

SB 90

Violent Offenders; link between animal cruelty and human violence.

SR 89

Voter Fraud; felony under Georgia law; warnings on election ballots.

HB 889

CRIMINAL JUSTICE COORDINATING COUNCIL; Membership; add director

of Georgia Indigent Defense Council.

HB 187

CRIMINAL PROCEDURE

Arrest of a Peace Officer; required information on arrest affidavit.

HB 258

Arrests, Warrantless; cases involving abuse of a vulnerable adult.

SB 159

Arrests, Warrantless; offenses of abuse against a vulnerable adult.

SB 127

Capital Felony Prosecutions; county expenses; reimbursement.

SB 56

Code Revision; Title 17; correct errors and omissions.

HB 123

Criminal Investigations; release of driver's operating records.

HB 587

Death Penalty Cases; review of pretrial proceedings.

SB 296

Death Penalty Cases; review of pretrial proceedings; trial judge's report;

appeals; reversible errors.

HB 1013

Evidence; admissible; certified records; Department of Corrections.

SB 47

Evidence; admissible; certified records; Department of Corrections.

SB 48

Georgia RICO Act Applicable to Certain Patterns of Criminal Activity.

SB 282

Grand Juries; witnesses; oath in criminal cases; perjury statute. ........... HB 293

Inmate Parole Considerations; citizen input; electronic call system.

SB 23

Inmates; offenses committed confines of a correctional facility.

SB 258

Judges, Prosecutors, Investigators, Law Enforcement Officers; prohibited

commercial activities and involvement in criminal cases.

HB 105

Jurors; grand, trial; compilation of jury lists; minimum standards.

SB 253

Jurors; misdemeanor, felony trials; number of peremptory challenges;

size of jury panels. .............................

............. . SB 114

Jury Strikes; number of peremptory challenges of jurors.

SB 64

Juvenile Court Records Proving Similar Criminal Acts; evidence.

SB 157

Juvenile Justice Act of 1997; granting of bail; designated felonies.

SB 132

Offense of Out-of-State-Bail Jumping; change definition, penalties.

HB 620

Peace Officers; indictment for a crime; misdemeanors, felonies.

SB 140

Sentences Imposed for Serious Violent Felonies May Not Be Reduced.

SB 162

Sentencing; create Structured Sentencing Commission. .............

SR 100

Sentencing; mandatory imprisonment for rape and aggravated sodomy.

SB 15

Sentencing; probationers; misdemeanors involving injury or threats.

SB 46

Trials of Persons Accused DUI Violations and Vehicular Homicide.

SB 83

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INDEX

2489

CRIMINAL PROCEDURE (Continued) Victim Assistance Programs; funding; courts impose additional fine. Victims of Violence Outside the State; crime victim compensation. Victim's Rights for a Speedy Trial; vehicular homicide and DUI.

HB 324 SB 90 SB 83

CRISP COUNTY Ad Valorem; school taxes; homestead exemption of $20,000. Property Conveyance; easement; construct well; Veterans State Park.

HB 1023 SR 164

CRITTENDEN, WILLIAM; name building at Central State Hospital to honor.

HR 289

CSX CORPORATION; relative Conrail acquisition and rail passenger

service. ..........

. ............ .................... ... . SR 286

CURTIS BAPTIST HIGH SCHOOL BOYS BASKETBALL TEAM;

commend

........... ..........................

.......... SR 350

D

DALE, PETER; commend. .......

........... ...............

SR 94

DALLAS, CITY OF; abolish Parking Authority; referendum.

SB 327

DALTON SCHOOL SYSTEM; proceeds from county sales tax for education.

HB 1003

DASHER, WALTER L.; designate Memorial Bridge to honor;

Tattnall County.

.................. .............. ................ SR 88

DAVIS, MARY; commend. ...................... ................. ... SR 104

DAWSON, DR. JAMES BYRON; Acting State Medical Examiner;

commend. .......

.................... .............. . . . ... SR 379

DAY CARE CENTERS

Child, Family or Group Homes; repeated violations; felony penalty.

SB 202

Persons With Certain Criminal History Record Prohibited Employment.

SB 176

Sex Crime Offenders; prohibit reside near child care facilities.

SB 375

Temporary Care Facilities; shopping malls, office complexes; licensing,

inspection. .

................................ ............ SB 222

DEAF PERSONS (See Hearing Impaired)

DEAL, CONGRESSMAN NATHAN; introduced, remarks. ............

Page 573

DEATH

Civil Practice; wrongful death or injury; limitations of actions. ............... SB 84

Concealing Death of Another Person or Hindering Discovery; penalty.

SB 316

Death Investigations; revise laws; Georgia Forensic Sciences Act.

HB 557

Offense of Abuse of a Dead Body; improper notice of a person's death to law

enforcement or coroner or a relative.

HB 651

DEATH PENALTY IN CAPITAL FELONY CASES (Also See Courts or Sentence)

Jurors; number of peremptory challenges; size of jury panels.

SB 114

Jurors; peremptory challenges; allow state same number as accused.

SB 64

Pretrial Proceedings; review procedures; report of trial judge.

SB 296

Review of Pretrial Proceedings; trial judge's report.

HB 1013

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2490

JOURNAL OF THE SENATE

DEAVOURS, L. E. (SONNY); commend.

SR 240

DEBTOR AND CREDITOR Instruments to Secure Debt; nonpayment of intangible recording tax. Judgments for Liquidated Damages; deferred partial payments. Local Government Claims for Debts Owed; income tax refund setoff. Used Vehicles Sales, Leases; disclosure of any security interest.

HB 306 SB 35
HB 517 .SB 196

DECATUR COUNTY Chief Magistrate; nonpartisan nomination, elections. City of Bainbridge; extend corporate limits. Property Conveyance; former location of Bainbridge Probation Office. Town of Brinson; incorporation and powers.

HB 234 HB 1028
HR 142 HB 1018

DECEPTIVE PRACTICES (See Fair Business Practices or Commerce or Selling)

DEEDS; Real Estate Mortgage; home equity credit line; open-end clause. . . . . . SB 175

DEER FARMING; agricultural operations; regulation; licensing. . . ......... HB 426

DEFENSE DEPARTMENT (See Military Affairs)

DEKALB COUNTY

Ad Valorem Tax Exemption; retail homestead option sales tax proceeds.

HB 61

Commission Meetings; counsel; Merit System employees; referendum.

SB 340

DeKalb County Adapted Sports Program; commend.

SR 262

DeKalb County State Court; additional judge.

SB 170

DeKalb County's Form of Government Study Committee; create.

SR 386

Superior Court; Stone Mountain Judicial Circuit; tenth judgeship.

SB 77

Tax Commissioner; compensation.

HB 793

Upon Closure of Brook Run Facility Campus; State Properties Commission

to study best utilization. ............... .................... ...... SR 167

DELOACH, HARRY R., JUDGE; condolences.

SR 84

DENT, JOHN W.; condolences.

SR 35

DENTISTRY

Damage Action Alleging Professional Malpractice; filing requirement.

SB 276

Hospital Staff Privileges. .............................. ................. SB 219

Hospital Staff Privileges; prohibit deny based upon certain license.

SB 138

DEPARTMENT OF JUVENILE JUSTICE; successor entity to Department of

Children and Youth Services.

HB 622

DEPARTMENT OF MEDICAL ASSISTANCE Actions Brought to Recover Financial Losses Caused by Medicaid Fraud. Assisted Living Facilities; apply for federal Medicaid waivers. Inpatient Care for Mental Diseases; apply federal Medicaid waivers.

HB 377 HB 287 HB 465

DESTRUCTIVE DEVICES, EXPLOSIVES; penalty to possess or transport. SB 227

DEVELOPMENT AUTHORITIES (Also See Authorities) Meetings Discussing Business Recruitment; identity protected. Metropolitan Area Planning & Development Commission; mayoral members.

SB 12 HB 208

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INDEX

2491

DIABETES; outpatient self-management services; insurance coverage. ......... SB 55

DICK, BEAUMAN; commend.

SR 91

DICKEY, EDWARD; commend.

SR 455

DIETICIANS; Damage Actions Alleging Professional Malpractice; filing.

SB 276

DILLARD, JAMES ARTHUR; commend.

SR 150

DISABLED PERSONS (Also See Handicapped or Elderly) Adapted Sports After-school Programs; committee to study. Assisted Living; new category of facilities; licensing; regulation. Brook Run Mental Health Facility; commend; urge continued funding. Community Trusts; death of life beneficiary; funds distributed to a successor trust; use for impaired indigent persons care. Disability Commissions; establishment by local governments. Disabled Adults and Elder Persons Protection Act. Family Caregiving, Medically Necessary Expenses; income tax credit. Georgia Long-term Care Study Commission; creation. Guardianship Statutes; re-create Joint Rewrite Committee. Income Tax Credit; homes with accessibility features; costs. License Plates; special; transferring between vehicles. Parking Law for Disabled Persons; enforcement monitors; uniforms. Rights of Such Persons; use of service capuchin monkeys. Telemarketing, Computer Networks, Home Repair Schemes; unlawful sales practices targeting disabled persons; additional penalties. U.S. Disabled Athletes Fund; issuance of special license plates. Veterans Who Survived Pearl Harbor; special license plates. Voting in Elections; absentee ballot applications. Vulnerable Adults Physically or Mentally Impaired; cases of abuse.

SR 263 HB 287 HR 298
HB 650 SB 383 SB 127 HB 517 SR 145 SR 73 HB 417 HB 205 HB 79 HB 351
HB 708 HB 499 HB 869 HB 889 SB 159

DISASTER EMERGENCIES; National Guard Future Mission Requirements; study.

SR 382

DISTRICT ATTORNEYS (Also See Courts) Access to Juvenile Records in Proving Similar Criminal Transactions. Compensation; create a citizens commission to fix salaries. County Prosecutor's Office; capital felony expenses; reimbursement. Office of; administration and personnel; comprehensive revisions.

SB 157 HR 296
SB 56 HB 124

DIVORCE (Also See Domestic Relations or Alimony) Child Custody; committee to study Presumption of Joint Legal and Physical Custody and Shared Parenting Child Custody; joint legal and physical custody parenting plan. Child Custody; parenting time rights; presumption of equal access. Child Custody Study Committee; create. Child Support; enforcement mechanisms; duties under Uniform Interstate Family Support Act. Disposition of Real Property; recording award in deed records. Grounds; adultery; marriage counseling; 'children first rule'. Health Insurance; continuation of coverage; premium amount.

SR 233 SB 187 SB 188 SR 321
HB 284 HB 408 SB 309 SB 320

DOCTORS OF THE DAY Abernathy, Dr. Don Ameado, Dr. Caroline Anderson, Dr. Larry Andrews, Dr. Catherine Antalis, Dr. John

Page 1383 Page 1468 Page 271 Page 121 Page 1037

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2492

JOURNAL OF THE SENATE

DOCTORS OF THE DAY (Continued) Binkley, Dr. Allan Byrd, Dr. Dan Campbell, Dr. Diane Cooper, Dr. Tom Culpepper, Dr. Jeff Easterling, Dr. Kathy Fowler, Dr. Raymond Gadlage, Dr. Robert Gamwell, Dr. John Gold, Dr. Homer Green, Dr. Lewis Hoose, Dr. Kenneth Kaufmann, Dr. Robert Kennedy, Dr. John S. Loftman, Dr. Bert Martin, Dr. Charmaine Mays, Dr. Alma Miller, Dr. Charles W. Nash, Dr. W. D. Nieuwoudt, Dr. Ernst Parrish, Dr. Raymond Ridley, Dr. John Riley, Dr. Thad Smisson, Dr. Hugh Smith, Dr. Reginal Streat, Dr. Perry Townsend, Dr. Beverly Zoller, Dr. Michael

Page 537 Page 1841
Page 141 Page 473 Page 1352 Page 163 Page 345 Page 1253 Page 194 Page 256 Page 954 Page 113 Page 365 Page 83 Page 46 Page 1241 Page 59 Page 693 Page 244 Page 1100 Page 618
Page 99 Page 858 Page 310 Page 734 Page 1122 Page 525 Page 582

DODGE COUNTY; Board of Commissioners; multimember board; composition

HB 1034

DODGEN, GEORGE III, EAGLE SCOUT; commend.

SR 337

DODSON, JOHNNY L., 1996 GOAL AWARD; commend.

SR 68

DOMESTIC RELATIONS

Adoption Proceedings; termination of parental rights; child placement resources;

unlawful actions; mother's affidavit.

SB 27

Adoptions; hard-to-place children; financial assistance to families.

HB 112

Adoptions; locating absent parent through putative father registry.

SB 28

Adoptions; special needs children; financial aid to families.

SB 24

Child Custody Cases Alleging Abuse; juvenile court jurisdiction.

SB 74

Child Custody; child's right to equal access to both parents.

SB 188

Child Custody; committee to study Presumption of Joint Legal and Physical

Custody and Shared Parenting.

SR 233

Child Custody; decisions from courts given expedited consideration.

SB 73

Child Custody; evidence of abuse; supervised parent visitation.

SB 71

Child Custody; joint legal and physical custody parenting plan.

SB 187

Child Custody Study Committee; create.

SR 321

Child Protection Issues; specialized training for judges.

SB 75

Child Support; delete term "AFDC" and insert term "TANF" in OCGA.

SB 104

Child Support; enact the Uniform Interstate Family Support Act.

HB 284

Child Support; orders; life insurance; amount of the premium.

SB 231

Child Support; out-of-wedlock births; Fatherhood Responsibility Act.

SB 58

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INDEX

2493

DOMESTIC RELATIONS (Continued) Committee to Study Link Between Animal Cruelty and Human Violence. Divorce; awards of real property; filing, recording. Divorce; grounds; minor children, 'children first rule'. Divorced Spouses; continuation of health insurance coverage. Estates; year's support for surviving spouse and minor children. Families; health care needs; establish medical care savings account. Family Violence; battery against a female who is pregnant. Family Violence; cases involving nonresidents; unlawful disclose shelter location; state commission administration. Family Violence Incidents; law enforcement investigators training. Family Violence; penalties; Crimes Against Family Members Act. Family Violence; petitions for relief involving nonresidents; venue. Family Violence Shelters; disclosure of location unlawful; penalty. Family Violence; victim counseling; recipients of public assistance. Firearms Protection for Minors; loaded guns; criminal negligence. Georgia TANF Public Assistance Program; family cap; additional birth of a child; eliminate benefit increase. Health Insurers; victims of violence or abuse; discriminatory acts. Inheritance Without a Will; decedent's heirs; spouse's inheritance. Marriage and Family Therapist; licensure; education requirements. Marriage Ceremony; authority of state and federal court judges. Marriage Licenses and Ceremonies; vital records information; federal judges may perform ceremonies. Parent of Child Age 17 Who Refuses Discipline or Threatens Family Violence; petition to end legal relationship. Paternity; identifying father; TANF public assistance recipients. Paternity; legitimation by biological father; adoption; concurrent court jurisdiction; files and records; child support. Persons Harmed by Illegally Marketed Drugs; drug dealer liability. Property of Minor's Parent or Guardian; offense of criminal trespass. Wills, Trusts and Estates; Probate Code Revisions, OCGA Title 53. ......

SR 89 HB 408 SB 309 SB 320 SB 395 SB 279 SB 205
SB 171 HB 673
SB 67 SB 160 HB 413 SB 104 SB 190
SB 104 SB 186 SB 265 HB 272 HB 249
HB 689
SB 385 SB 104
SB 26 SB 80 HB 100 HB 245

DONALSONVILLE, CITY OF; new charter; incorporation; powers. ......... HB 684

DONEHOO, CANDICE SONG; Miss Cobb County; commend.

SR 184

DONEHOO, SHEILA R.; University System Scholar; commend. .......... SR 425

DOOLY COUNTY Ad Valorem; homestead exemption; elderly citizens; referendum. Designate; Alien B. Fulford Memorial Bridge on Highway 90. 'Slosheye Trail Big Pig Jig'; designate as official state pork barbecue championship cookoff. Tax Commissioner; change salary.

HB 938 HR 268
HB 845 HB 578

DOUGHERTY COUNTY Albany-Dougherty County Day; declaring. Property Conveyance; Albany; county to build new DHR facility. Property Conveyance; drainage pipeline easement to Carlton Company.

SR 181 HR 142 SR 165

DOUGLAS COUNTY Board of Commissioners; compensation. Property Conveyance; surplus Georgia Forestry Commission Property.

HB 919 HR 271

DOUGLASS THEATRE HISTORIC ART AND CULTURAL BUILDING,

MACON; honoring. . . . . . . .

....................

. .......... SR 135

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2494

JOURNAL OF THE SENATE

DOUGLASVILLE CONVENTION AND CONFERENCE CENTER AUTHORITY

HB 920

DOW CHEMICAL COMPANY; commend.

SR 223

DOWNS, HARRY S.; commend.

SR 297

DRIVER TRAINING Driver Training Schools; instructors; licenses valid for 4 years. Driver's Education; authorize as high school program. Driver's Education; committee to study privatization initiatives. Driver's Education Programs in Schools; committee to study. Driver's Education Within Public Schools; urging. Standards for Approved Courses; requirements for a driver's license.

HB 451 HB 409
SR 17 SR 72 SR 312 SB 241

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic)

Applicant Fingerprinting May Be Requested But Not Required.

SB 164

Applications; use of person's Social Security number; prohibitions.

HB 574

Driver Education; persons under age 18 required complete.

SB 241

Driver Education Programs in Schools; committee to study.

SR 72

Driver Education to Improve Young Drivers; committee to study.

SR 17

Driver Records; privacy of personal information; restricted access.

HB 587

Drivers Age 15 to 18; graduated licenses; DUI 0-tolerance; offenses which lead

to license suspension or revocation.

HB 681

Drivers Under Age 18; proof of school enrollment and attendance.

SB 38

Drivers 16 Years Old; new provisional Class D license; restrictions.

SB 17

DUI Convictions; placement of red stripe or words "CONVICTED DUI".

SB 82

DUI Violation; drivers under age 18; license suspended 12 months.

SB 88

Examiners of Public Safety Department; discipline procedures.

SB 141

False ID Cards; sales to minor or illegal alien; increased penalty.

SB 199

Fingerprints; requiring applicants submit; repeal requirement.

HB 62

Identification of Electors; proper identification documents defined.

SB 43

License, ID Cards; repeal applicant fingerprint requirement.

SB 2

Motorcycle Operators; operator safety training; protective headgear.

SB 86

Replacement of Original; issuance for remaining time period.

HB 62

Seizure, Suspension; person underage attempting purchase alcoholic

beverages by presenting falsified ID.

HB 250

Suspended; driver involved in accident; limit actions for injuries.

SB 240

Teenage and Adult Driver Responsibility Act; enact.

HB 681

DRIVING UNDER INFLUENCE, DUI Actions for Injuries; deny persons convicted of DUI recover damages. Alcoholics and Addicts; addiction treatment; committee to study. Blood or Urine Samples; forensic analysis of evidence. Convicted Drivers; licenses to bear red stripe or identifying words. Drivers Under Age 18; DUI violation; license suspended 12 months. Drivers Under Age 21; violations; tests for intoxicating substances. Drivers Under Age 21; zero tolerance alcohol, drugs. Habitual Violators Convicted of DUI; punishment; parole limitations. Nonresident Offenders; increased fine in lieu of community service. Open Alcoholic Beverage Containers; driver and passenger prohibited. Persons Accused Vehicular Homicide and DUI Offense; time for trial. Pleas of Nolo Contendere; eliminate to charge of driving DUI. Teenage and Adult Driver Responsibility Act; DUI increased penalties. Tort Cases; punitive damages; cases involving intoxicating agents. Violations; additional fines; Brain and Spinal Injury Trust Fund. Violations; additional fines; Brain and Spinal Injury Trust Fund.

SB 240 SR 232 HB 557
SB 82 SB 88 SB 66 SB 17 SB 321 SB 31 SB 203 SB 83 SB 61 HB 681 HB 572 SB 110 SR 144

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INDEX

2495

DRUG DEALER LIABILITY ACT; enact.

SB 80

DRUG TESTING Random Student Drug Testing Study Committee; create. ...... ............ SR 5 Sheriffs; qualifications for office; mandatory testing requirement. ........... SB 142

DRUGS AND DRUG ABUSE

Community Substance Abuse Services; define service areas. . . . . . .

SB 317

Controlled Substances and Dangerous Drugs; change listing; penalty for

possession, trafficking; flunitrazepam; amphetamine.

HB 111

Controlled Substances; stimulant drugs; phenylpropanolamine;

prohibit sales to or possession by a minor. .............................. SB 208

Criminal Activity Motivated by Pecuniary Gain; Georgia RICO Act.

SB 282

Driving Under Influence; addiction treatment; committee to study.

SR 232

Driving Under Influence of Drugs; eliminate plea of nolo contendere.

SB 61

Drug Dealer Liability Act; persons, community harmed by illegal

drug marketing; cause of action to recover damages.

............. SB 80

Drug-Free Workplace Programs; insurance premium discounts.

SB 155

Drug-Free Workplace Programs; workers' compensation insurance credit.

HB 584

Felony Drug Conviction; prohibit grant license to carry a pistol.

SB 350

Georgia Drugs and Narcotics Agency; personnel retain weapon, badge.

HB 92

Georgia Pharmacy Practice Act; Third-party Prescription Program Law.

HB 330

Habitual Violators Convicted of DUI; punishment; parole limitations.

SB 321

Marijuana; possession of one ounce or less is a misdemeanor.

HB 347

Objects Packaged to Look Like Drug Pharaphernalia; prohibited sales.

SB 6

Possession or Sale Drugs or Alcohol on School Grounds; punishment.

HB 681

Prescription Drugs Furnished Recipients of Medical Assistance in Nursing

Facilities; reuse of unused single dosage drugs. ......................... HB 273

Prescription Drugs; Medicaid patients; change approval process.

SB 139

Property Where Drug Related Activities Occur; declared a nuisance.

SB 7

Punitive Damages; cases involving use of intoxicating, toxic agents.

. . HB 572

Students Under Influence or in Possession of Drugs Suspended.

SB 92

Substance Abuse; addiction prevention, treatment; study committee. ........ SR 232

Substance Abuse Prevention Program; after-school activities.

SB 50

Vaccines, Drugs for Adverse Reactions; nurses, physician assistants. ......... SB 20

DUGGAN, GAIL D.; honoring.

SR 346

DUNWOODY HIGH SCHOOL; Lady Wildcats Softball Team; commend.

SR 67

DUPREE, TOM E., JR.

Commend.

SR 18

Commend. ............................................................. SR 114

DURRENCE, SEGAL; designate Memorial Bridge to honor; Reidsville.

SR 305

E

EANES, DR. MARK JOSEPH; commend.

....................... SR 20

EARLY COUNTY; Superior Court; Pataula Circuit; judges supplement. . . . . . HB 931

EASTERN JUDICIAL CIRCUIT; Superior Court; chief judge; salary supplement

HB 1005

Refer to numerical index for page numbers

2496

JOURNAL OF THE SENATE

EBONICS OR BLACK ENGLISH; prohibit teach as a distinct language. ...... SB 51

EBRAHIMJI, ALEFIA; commend.

......

SR 102

ECONOMIC DEVELOPMENT

Aerospace Development, Commercial Space Activities,

and Telecommunications Technology; commission to study. ........

. SR 46

BEST Act Incentives; telecommunication industries; businesses expanding

research; fast-growth small companies.

HB 428

Developmental Highway System's Relationship to Rural Georgia. .

HB 621

Economic Rehabilitation; community services block grant funds.

HB 206

Electronic Signature Technology in Government and Commerce.

SB 103

Enterprise Zone Employment Act of 1997; business tax incentives.

HB 663

Georgia's Forestry Industry; adverse affect of subsidized Canadian lumber

imported duty-free.

SR 387

Government Recruitment of Business and Industry; identity protected.

. SB 12

Heritage Tourism Industry; preservation tax incentives; study.

SR 302

Historic Preservation and Community Revitalization; committee to study

eco-tourism, regional planning.

HR 425

Income Taxes; job tax credit; certain areas; calculating new jobs.

. . . . HB 151

Income Taxes; job tax credit; expand eligible businesses.

. HB 378

Natural Gas Industry; promote competition; new regulatory model.

SB 215

Rail Freight Service Vital to Industry; relative Conrail merger.

. . . . SR 286

Recycling and Economic Development Study Committee; create.

.

SR 112

Regional Development Centers; change boundaries; transfer

Jasper County from Middle GA RDC to Northeast GA RDC.

. HR 398

Regional Development Centers; change boundaries; transfer Pulaski County

from Heart of Georgia-Altamaha RDC to Middle Georgia RDC.

HR 105

Regional Development Centers; creation of for-profit corporations.

SB 389

State Regulated Businesses; variance from rules, regulation; waiver.

SB 81

Transportation Facilities and Impact on State; committee to study. ........ HR 464

ECONOMIC SECURITY 2000; workers savings incentives; supporting.

SR 307

EDUCATION (Also See Colleges or Schools or Teachers)

Academic and Attendance Requirements for Drivers Under Age 18. ...... SB 38

Ad Valorem; exemption; property held to benefit a school district.

HB 459

After-school Activity Program for Middle School Age Children.

SB 50

Alternative School Programs for Students Who Violate Code of Conduct.

HB 567

At-Risk Student Programs; additional grants; percent of funds used.

SB 97

Character Education; state board to develop curriculum.

........ HB 393

Charter Schools Act of 1997; academic or vocational based contracts.

SB 70

Civics Day; urge establishment in public schools.

HR 362

Code Revision; Title 20; correct errors and omissions.

.......

HB 123

Computer Materials Deemed Harmful to Minors; restrict access to.

SB 312

Driver Education; approved courses; persons under age 18 required.

SB 241

Driver's Education; authorize as high school program.

HB 409

Driver's Education Programs in Schools; joint committee to study.

SR 72

Educators; definition; disciplinary actions; investigations; criminal records check

for employment.

HB 420

Georgia Education Authority (University); member; staff; projects.

SB 292

Georgia Youth Legislature; create.

. . . SR 162

Gerontology Education; student grants, loans, scholarships.

HB 297

Grants; private school public tuition assistance; pilot program.

SB 259

Historic Landmarks; school facilities; use of capital outlay funds.

SB 21

Home Study Programs; student participation public school activities.

SR 4

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INDEX

2497

EDUCATION (Continued)

Job Training Programs; coordination between agencies; study of. ........... SR 339

Juvenile Felons; academic instruction; rehabilitation training camps. ......... SB 18

Juvenile Felony Acts; school administrators notify assigned teacher. ....... HB 567

Juvenile Felony Convictions; courts notify school principals. .............. HB 180

Juvenile Law Enforcement Records; inspection by school personnel. ......... SB 132

Language Instruction; prohibit teaching of Ebonics.

.................. SB 51

LEARNFARE Program; teenagers receiving TANF assistance attend school. . SB 104

Libraries; book selection; restrict harmful materials to minors. ..........

SB 40

Local School Boards; control over core curriculum and facilities. ...... . . SB 381

Local School Districts Capital Outlay Expenditures; funding method. ........ SB 377

Local School Districts; debt collection; income tax refund setoff.

...

HB 517

Local School Districts; proration of motor vehicle license fees.

.......... SR 132

Local School Superintendents; provide for election.

............ SR 76

Local School Systems; capital outlay funds; historic facilities.

....... SB 21

Local School Systems; Charter School applications; Compliance Office. ....... SB 70

Local School Systems; energy cost savings measures; contracts.

...... SB 301

Local School Systems; motor vehicles; affixed visible decal or seal. ....... SB 349

Local School Systems; motor vehicles; visible identifying markings. ...... HB 624

Local School Systems; multiyear contracts with other public entities.

. . SB 336

Local School Systems; personnel salaries; decrease in supplements.

... SB 29

Local School Systems; student code of conduct; discipline procedures.

. . . . SB 92

Local Schools; notification of sex offenders residing in district. ............... SB 39

Lottery Corporation, Georgia; employee retirement membership option.

SB 290

Lottery Equipment Manufacturers, Processors; legal authority. .............. SB 14

Lottery for Education Account; limit amount each county entitled. .......... SB 333

Medical Education; funding teaching hospitals; commission to study.

HR 249

Medical Schools or Teaching Hospitals; primary care physicians; scholarships,

loans, state grants.

.........

. . . . . ............... SB 391

Naming Department of Juvenile Justice and Board of Juvenile Justice.

HB 622

Plains High School; designate as official state school.

....... SB 16

Prescribed Courses; home economics may include parenting education. ...

SB 41

Private Schools; public tuition assistance grants; school choice.

.

SB 259

Professional Practices Commission; appointment of members emeritus.

HB 420

Public Education Reform Act of 1997; deregulate certain services. ........... SB 387

Public School Instruction; patriotic customs, respect for U.S. Flag. ....... HB 214

Public School Personnel; decrease in local salary supplements.

...... SB 29

Public Schools; curriculum; character education program.

............. HB 393

Public Schools; curriculum; urge establish Civics Day. ............

HR 362

QBE; enact Georgia Education Local Control Act of 1997.

SB 381

QBE; grants for middle school programs; eligibility.

.......... HB 383

QBE; grants for middle school programs; qualifying provisions. ............. SB 331

QBE; local fair share formula; alternative method of calculating.

. SB 193

QBE; local fair share funds; 3-year increase in student FTE count. .......... SB 192

QBE; midterm adjustment amount; personnel training and experience. ...... SB 194

QBE; program weights; maximum K-2 students taught by one teacher.

SB 60

QBE; reimburse litigation expenses involving certain children. .......... HB 383

Remedial Education Services for Students in Grades 6 through 12. .......... SB 332

Sales Tax for Local Educational Purposes; define and implement. .

HB 165

Scholastic Aptitude Test Review; implement test-taking skills course.

. . . . SB 85

School Attendance; mandatory age; change from age 16 to 17 years.

SB 106

School Bond Elections; date; November general election; exception. ....... SB 256

School Buildings; minimum distance for alcoholic beverage sales.

.SB 298

School Buses; equipment requirements; passenger seat belts.

. . . . . SB 293

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2498

JOURNAL OF THE SENATE

EDUCATION (Continued)

School Choice; public tuition assistance grants for private schools. .......... SB 259

School Choice; Study Committee on Controlled School Choice.

SR 366

School Choice Vouchers; create joint committee to study. ....... ......... SR 21

School Choice Vouchers; create Senate Committee to study. . . . . .

SR 22

School Dropouts; enrollment, attendance for a driver's license. . . . .

SB 38

School Law Enforcement Officer; inspection of juvenile records.

SB 132

School Public Works Projects; prohibit employment of illegal aliens.

SB 257

School Safety Act; student discipline, conduct code; violation, alternative

placement; criminal record disclosure. ..........

. HB 567

School Safety; students convicted any felony; discipline procedures.

SB 161

School Security Personnel; authority to carry firearm or weapon. ......... HB 383

School Support Personnel; scope of responsibility; study committee.

SR 397

Schools; Adapted Sports Programs; committee to study.

SR 263

Speech-Language Pathologists; licensing requirement exception. ........... HB 416

State Board; members; election from each congressional district by General

Assembly. .............

SR 37

State School Superintendent; qualifications.

SB 25

State School Superintendent; qualifications for office; education and

employment as a teacher.

.......... SR 170

State School Superintendent; qualifications; repeal provisions. ............ SB 236

Student Code of Conduct; misconduct defined; discipline procedures.

. . . . SB 92

Student Disciplinary or Criminal Records; dissemination;

removal of problem students from classroom; alternative placement.

SB 161

Student Discipline; require uniform student dress code. ................. SB 305

Student Remedial Services; reading, math, writing deficiencies.

SB 332

Students At-Risk; programs to improve; additional grant funds. ............ SB 97

Students; dual high school and college cooperative programs. ............... SB 387

Students Receiving Public Assistance as Parents; parenting course.

SB 41

Students; school attendance required to receive public assistance. ........... SB 104

Students Suspended or Expelled May Be Placed Alternative Classroom.

SB 129

Students; teenage drivers; conduct at school; licensing violations.

. HB 681

Students Test-taking Skills Course for SAT, Other Assessment Tests.

SB 85

Students Transferring Grades 7 or Higher; require past records.

HB 180

Supporting Public Schools; issuance of special license plates. ............. HB 104

Teachers and Other School Personnel; offense of battery against.

SB 132

Teachers and Other School Personnel; unused sick and personal leave;

transfer upon change in employment

. . HB 299

Teachers; assigned student's files; access to juvenile court records.

HB 180

Teachers; assigned students; notice of felony criminal history. ........... HB 567

Teachers Employed by Corrections Department; re-employment.

.

SB 156

Teachers; filing objection to disciplinary problem student in class.

SB 129

Teachers; grades K-2; maximum number of students who may be taught.

SB 60

Teachers; new hires; school year contracts; term of years renewable.

SB 386

Teachers Retirement; creditable service; forfeited leave. . . . ....... .... SB 79

Teachers Retirement; creditable service; private school service.

. SB 328

Teachers Retirement; creditable service; U.S. Defense Department. ......... SB 108

Teachers Retirement; crediting of time; General Assembly members.

SB 277

Technical and Adult Department; exempt Administrative Procedure Act. . . . . . SB 87

University System; GEA(U); revenue bond projects; rentals; accounts.

SB 292

University System; priority admission policy for Georgia residents. .......... HR 48

University System; public facilities; sale of alcoholic beverages.

HB 682

University System; scholarship grants for students in ROTC program. ... HB 914

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INDEX

2499

EFFEVGHAM COUNTY Ad Valorem; homestead exemption; senior citizens; referendum. Designate; Veterans Memorial Parkway, portion of State Route 17. Georgia Coastal Zones Management Act; enact. State Court; judge; change salary.

HB 925 HR 106 HB 167 HB 739

ELAM, MRS. LEVEBTA H.; honoring.

SR 343

ELBERT COUNTY; ad valorem; homestead exemption; residents age 65 or over. ................................................ SB 323

ELDERLY Abuse of a Vulnerable Adult or Elder Person; warrantless arrests. Abuse of Vulnerable Adult; protections for elderly and disabled. Assisted Living; new category of facilities; licensing; regulation. Battery Against Family Members Age 65 or Older; criminal penalty. Disability Commissions; establishment by local governments. Durable Power of Attorney for Health Care; appointment of a guardian. Family Caregiving, Medically Necessary Expenses; income tax credit. Guardianships, Power of Attorney, Elder Law; committee to study. Health Insurance; continuation of coverage for surviving spouse. Insurance Fraud Against Persons 60 Years of Age; increased penalties. Long-term Care Study Commission; planning for future service needs. Residential Care Facilities; powers of local authorities. Senior Volunteer or Foster Grandparent Programs; license exemption. Senior Week at Capitol; Council on Aging 20th Anniversary; commend. Silver-Haired Legislature; commend. Silver-Haired Legislature Fund; establish; income tax refunds. Silver-Haired Legislature; funding; meetings, personnel. Telemarketing, Computer Networks, Home Repair Schemes; unlawful acts targeting elder or disabled person; additional penalties. Voting in Elections; absentee ballot applications.

SB 159 SB 127 HB 287
SB 67 SB 383 SB 184 HB 517
SR 73 SB 320 HB 233 SR 145 HB 297 HB 830 SR 87 SR 75 SB 151 SB 150
HB 708 HB 889

ELDRIDGE, FRANK, JR.; Elected Secretary of the Senate

Page 9

ELECTED OFFICIAL (See Public Officers or Elections)

ELECTIONS (Also See Ethics in Government and Voting)

Absentee Ballots; fraud warnings; elderly, disabled applications.

HB 889

Amend Constitution; abolish State Board of Pardons and Paroles; grant

authority to General Assembly.

SR 215

Amend Constitution; additional penalties, fees for DUI offenses; allocate to

Brain and Spinal Injury Trust Fund.

SR 144

Amend Constitution; bills for revenue or appropriate money; originate in House

or Senate. ...... .................................................... SR 55

Amend Constitution; create Recycling and Solid Waste Reduction Fund.

SR 56

Amend Constitution; create State Government Waste Task Force.

SR 171

Amend Constitution; election of Local School Superintendents.

SR 76

Amend Constitution; election of Senate members; four-year term.

SR 161

Amend Constitution; establish limitation on state expenditures.

SR 177

Amend Constitution; General Assembly; term limitations; six consecutive

two-year terms. .........................

... .

... SR 216

Amend Constitution; Georgia Senate; minimum age to be elected.

SR 41

Amend Constitution; Indemnification of State Highway Employees Killed or

Permanently Disabled. ............... . . . . . . ......................... SR 64

Amend Constitution; juries in civil trials consist of six jurors.

SR 200

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2500

JOURNAL OF THE SENATE

ELECTIONS (Continued)

Amend Constitution; Legislation Providing or Increasing State Taxes, Fees,

Assessments or Charges; approval by 2/3's of General Assembly.

Amend Constitution; motor vehicle taxation; formula; prorations.

Amend Constitution; prohibit total outlays appropriated to state exceed

revenue sources; requirements of General Assembly.

Amend Constitution; provide additional penalties, fees; allocate for

construction, operation, staffing of municipal jails.

Amend Constitution; provide for a Georgia Citizens Commission on

Compensation of Public Officials.

Amend Constitution; provide for an Environmental Trust Fund.

Amend Constitution; public initiative petition process.

Amend Constitution; public initiative petition process to enact

or reject statutes. .........................

.................

Amend Constitution; public initiative process to propose, amend, enact

or reject Laws.

Amend Constitution; State Board of Education; election from each

congressional district by General Assembly.

Amend Constitution; State School Superintendent; qualifications.

Amend Constitution; tax defaulters ineligible hold public office.

Ballot Labels for Voting Machines; number of words in each question.

Ballots; printing candidates names; unused ballots.

Bond Elections; date of November general election; exception.

Campaign Finance Reform and Ethics Study Committee; create.

Campaign Finance Reform; joint committee to study.

Candidates; qualifying fee; write-in; nominating petition; ballots.

Counties Between 45,000-50,000; repeal board of elections.

Elections Code, Joint Study Committee on Comprehensive Revision.

Ethics; General Assembly members; prohibit accept lobbyists gifts.

Ethics; law enforcement officers engaging in political activities.

General Assembly members; maximum allowable campaign expenditures.

Georgia Election Code; enact numerous revisions; change definitions.

House of Representatives; election districts; descriptions.

Judges of the Court of Appeals; increase to 13; term of office.

Municipal; absentee ballot applications for elderly or disabled.

Municipal; notice of candidacy; change filing day.

Municipal; qualifying period; designate number of days.

Municipal; reapportionment of districts; additional changes.

Municipal; terms of office; change to 4 years.

Municipal; voter's proper identification; verify absentee ballots.

Municipal; voting by absentee ballots without giving reason.

Nomination of Candidates by Petition; signatures required.

Poll Officers; appointment of persons age 16 or older.

Primaries to Nominate Candidates; change date to September.

Public Service Commission; divide state into single-member districts.

Referendum Elections on Question of Imposing a Local Sales Tax.

Referendums; ballot questions; imposing homestead option sales tax.

Secretary of State; summaries of state-wide referendum questions.

Senatorial Districts; descriptions; effective elections of 1998.

Senatorial Districts 48 and 56; change descriptions.

Sheriffs; qualifications; mandatory drug tests; training. .............

State Office Campaign Finance Joint Study Committee; create.

State Office Campaign Finance Study Committee; create.

State Officials; candidates for office; prohibited agency mailings.

SR 147 SR 132
SR 248
SR 331
HR 296 SR 86 SR 8
. SR 176
SR 146
SR 37 SR 170
SR 6 HB 246 HB 635 SB 256 SR 333 SR 270 HB 635 HB 833 SR 249 SB 177
SB 53 SB 248 HB 635 HB 958 SB 78 HB 889 SB 112 HB 19 SB 113 HB 309 SB 273 HB 543 SB 149 HB 889 SB 204 HB 95 SB 264 HB 60 HB 128 SB 382 SB 250 SB 142 SR 255 SR 254 SB 268

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INDEX

2501

ELECTIONS (Continued) State School Superintendent; qualifications. State School Superintendent; qualifications; repeal provisions. Statewide Referendum; provide criminal liability for unsafe storage of a loaded firearm within reach of a minor. Voter Identification; valid documents; present at polling place. Voter Registration; access to driver's license records. Voters; registration; precinct cards; official list; vote recorders. Voting by Absentee Ballot Without Giving a Reason for Such Choice. Voting; identification required; verification of absentee ballots. Voting Lists; identifying and removing inactive electors. Voting; setting date of primaries, elections and run-offs.

SB 25 SB 236
SB 190 SB 43 HB 587 HB 635 HB 543 SB 273 HB 889 HB 635

ELECTRIC UTILITIES Violations; maximum penalties recoverable by PSC.

SB 130

ELECTRONIC TECHNOLOGY AND TRANSMISSIONS

Banking Services Via the Internet or On-line; regulatory powers.

SB 154

Computer Materials Deemed Harmful to Minors; prohibited advertising.

SB 312

Computer Networks; unlawful sales schemes; theft, fraud or deceit.

HB 708

Computer Records of Department of Corrections; admissible evidence.

SB 47

Computer Records of Department of Corrections; admissible evidence.

SB 48

Department of Agriculture; registration, licensing electronically.

HB 130

Electronic Commerce Study Committee; creation.

SB 103

Electronically Transmitted Prescription Drug Orders; regulations.

HB 330

Georgia Electronic Records and Signatures Act; enact.

SB 103

Information Technology Relating to Technical Institutes and Public Libraries

Study Committee. ......................................... .......... SR 334

Internet Access and Emerging Electronic Communication Services; urge

exempt taxation, fees, assessments.

HR 366

Invasive Computer Technologies; committee to study consumer privacy.

SR 301

Pardons and Paroles, State Board; citizen inquiry; electronic calls.

SB 242

Pardons and Paroles, State Board; implement electronic call system.

SB 23

Revenue and Taxation; returns, payments, refunds, executions.

HB 479

Study Commission on Promoting Aerospace Development,

Commercial Space Activities, and Telecommunications Technology.

SR 46

Telemedicine; out-of-state or foreign physicians or osteopaths.

SB 107

Vehicle Registration, Title Certificates; electronic transactions.

HB 487

ELLIJAY APPLE MARKETING ASSOCIATION; commend.

SR 141

ELLIJAY, CITY OF EAST

Designate; Cora Williams Intersection.

HR 287

Designate; N. A. West Bridge over Cartecay River, S.R. 2. ................. HR 288

EMANUEL COUNTY; Board of Commissioners; vacancies.

HB 608

EMERGENCY MANAGEMENT (See Disaster Emergencies or Military or State Government)

EMERGENCY MEDICAL SERVICES Centennial Park Bombing; commend emergency response personnel. Emergency Telephone Number 911; duties of public safety responders. Emergency Telephone 911 Systems; salaries, equipment and supplies. Emergency 911 Telephone Systems Funding; committee to study. Medical Technicians; transferring special vehicle license plates.

SR 326 SB 379 SB 237 SR 53 HB 205

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2502

JOURNAL OF THE SENATE

EMERGENCY MEDICAL SERVICES (Continued) Patient's Seeking Emergency Care; insurance coverage. Personnel Rendering Outside Aid; emergencies involving explosives. Providers; emergency nonconsensual treatment for Attempted Suicide.

SB 209 SB 173
SB 36

EMERGENCY TELEPHONE 911 SYSTEMS Communications Centers; performance reports; public inspection. Disbursement of Funds for Personnel, Equipment and Supplies. Funding Through 911 Charges; committee to study wireless, cellular telephones not subject to charges. Public Safety Responders; duties; requests for emergency service.

HB 278 SB 237
SR 53 SB 379

EMPLOYEE HEALTH BENEFIT PLAN, STATE
Change References and Name; Firelighters' Pension Fund. Inclusion of county officers, employees, retirees and Sheriffs'
Retirement Fund employees. Insurance; health; Managed Care Responsibility Act of 1997.

HB 337
SB 91 SB 211

EMPLOYEES' RETIREMENT SYSTEM Benefit Payments; rules required to qualify under federal tax laws. Creditable Service; military active service; former teachers employed by U.S. Defense Department. Disability Benefits; minimum for injured law enforcement personnel. Disability Benefits; parole and probation officers. Members; law enforcement personnel; repeal mandatory retirement age. Membership; options for employees of Lottery Corporation. National Guard Members; provide a Georgia Military Pension Fund.

HB 339
SB 109 SB 291 SB 326 HB 380 SB 290 SB 168

EMPLOYMENT
Child Day-Care Facilities; persons with specified record of criminal offenses prohibited employment.
Drug-Free Workplace Programs; insurance premium discounts. Drug-Free Workplace Programs; reducing workers' compensation losses. Health Insurance; portability of coverage; conform federal laws. Insurers; discriminating against certain communities prohibited. Job Training Study Committee; program coordination among state agencies,
education and workforce reforms. Professional Employer Organization Act; employee leasing companies. Unemployment Compensation; employer contribution rate; weekly benefit
amount. Workers' Compensation; self-insured employers; security deposits.

SB 176 SB 155 HB 584 HB 654
SB 45
SR 339 SB 126
HB 460 SB 166

EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations) Professional Employer Organizations, Employee Leasing Companies. Unemployment Compensation; succeeding employer contributions; benefits held for overissued food stamp coupons; labor pools. Unemployment Compensation; weekly benefit amount; employer experience rated contribution rates. Unemployment Insurance; employer tax contributions; request state pilot project to run own UI System. Unemployment Trust Fund; purposes; certain withdrawals.

SB 126
SB 148
HB 460
SR 351 HB 213

ENERGY Public Schools; energy cost saving measures; no contract limits.

SB 301

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INDEX

2503

ENGINEERS AND LAND SURVEYORS Damage Actions Alleging Professional Malpractice; filing. Land Surveying; errors and omissions, time period to recover damages; maps, plats of Chattahoochee River stream corridor. Land Surveyors; damage actions against; 7-year period of limitation. Persons Practicing Unlawfully; increase penalties.

SB 276
HB 433 SB 147 HB 143

ENGINEERS DAY IN GEORGIA; declaring. .............

........... SR 59

ENGLISH, BLACK; ebonies; prohibit teach as a distinct language.

SB 51

ENGROSSED BILLS; motions in Senate. . . . . Page 81, 84, 95, 101, 179, 189, 725, 734

ENTERPRISE ZONES; Enterprise Zone Employment Act of 1997; enact.

HB 663

ENTERTAINMENT Admission Tickets; requirements of ticket brokers; sale restrictions; purchaser refunds; charity fundraising activity exemption. Special Districts Designated to Allow Sale of Wine by a Farm Winery.

HB 283 HB 834

ENVIRONMENTAL PROTECTION (Also See Natural Resources or Hazardous

Materials)

Air Quality; ozone standards; urge U.S. EPA refrain NAAQS changes.

SR 278

Chemical Weapons Incinerator, Anniston, Ala.; urge public hearings.

HR 174

Chemical Weapons; proposed incinerator in Alabama; public hearings.

SR 152

Coastal Ground-Water Resources; joint committee to study.

HR 326

Coastal Ground-Water Resources; water supply problems; study of.

SR 225

Drinking Water Standards; privately-owned public water systems.

SB 252

Environmental Testing Data; commercial laboratories accreditation.

HB 604

Environmental Trust Fund; provide by law; reparation of damages.

SR 86

Georgia Coastal Zones Management Act; enact.

HB 167

Ground-Water Management Areas; permitted users; reports; assistance.

HB 528

Hazardous Waste Management; fees; grant waiver to certain companies.

HB 510

Hazardous Waste Trust Funds; expenditures; liens in favor of state.

HB 470

Natural Resources; Public Environmental Enforcement Act of 1997.

SB 174

Recycling and Economic Development Study Committee; create.

SR 112

Recycling and Solid Waste Reduction Fund; amend Constitution.

SR 56

Recycling, Litter Reduction; beverage container deposit-redemption.

SB 191

Solid Waste; municipal disposal amount; long-term reduction goals.

SB 98

Solid Waste; restrict disposal of asphalt shingles; recycling plan. ........

HB 57

Solid Waste Trust Fund; revenues from special license plates.

SB 63

Stone Mountain Park; preserve natural areas; use of revenue funds.

SB 367

Stone Mountain Park; protected status of natural districts.

.... SB 146

Vehicles Using Alternative Fuel Substantially Not Petroleum;

designated travel lanes; special license plates. .................... . . . . SB 116

Waste Management; recycled paper products; state agency guidelines. ....... SB 255

Water Pollution; Chattahoochee River; sewage wastewater; exception

to a certain sanction; federal EPA intervention.

HB 528

Water Resources; agreement between Alabama, Georgia and Florida.

HB 149

Water Resources; agreement to manage between Alabama and Georgia.

HB 148

Waters, Wetlands; pollutant discharge facilities; permit to operate.

SB 347

ESCAPE, OFFENSE OF; juvenile offenders; penalty. .................. . . . SB 132

ESSIG, ALAN; Senate Research Office; commend.

...................... SR 456

ESTATES (Also See Wills and Property) Disposal of Vehicles by Auction; dealer exception. Durable Power of Attorney for Health Care; appointment of a guardian.

HB 174 SB 184

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2504

JOURNAL OF THE SENATE

ESTATES (Continued) Guardians of Incapacitated Adults; change provisions. Guardians of Incapacitated Adults; evaluation of a proposed ward. Guardians of Incapacitated Adults; protection of ward's rights. Guardians of Minors; dissolution of appointed temporary guardians. Inheritance Without a Will; decedent's heirs; spouse's inheritance. Land; rebuttable presumption of a gift by the parent to child. Power of Attorney; clarify when agent's authority terminates. Probate Code Revisions, Clarity, Modernizations, OCGA Title 53. Securities Dealers; split commissions with beneficiary, heir. Year's Support for Surviving Spouse and Minor Children of Deceased.

SB 182 SB 179 SB 181 SB 180 SB 265 SB 230 SB 183 HB 245
SB 13 SB 395

ESTEP, JASON; commend.

SR 98

ETHICS IN GOVERNMENT (Also See Elections or Public Officers) Campaign Finance Reform and Ethics Study Committee; create. Candidates for Elected Constitutional Offices; prohibited mailings. Election Campaign Expenditure Limitations; General Assembly members. Elections; Campaign Finance Reform, Joint Study Committee. Elective Offices; campaign financing; committee to study. General Assembly Members; acceptance of lobbyists gifts prohibited. Hospital Authorities; directors; conflicts of interest restrictions. Hospital Authorities; members; conflicts of interest restrictions. Law Enforcement Officers Engaging in Political Activities. Lobbyist Registration; exemption; Georgia Commission on Women. Lobbyists; Senate Rules prohibit Senators accept gift of lodging. State Office Campaign Finance Joint Study Committee; create.

SR 333 SB 268 SB 248 SR 270 SR 254 SB 177 SB 261 HB 330 SB 53 HB 761
SR 1 SR 255

EUBANK, JACKSON, SR.; designate Memorial Highway to; Columbia County. . . . ...... .......................................... HR 112

EVANS COUNTY; Board of Education; compensation.

HB 275

EVIDENCE Admissibility of Medical Reports in Civil Cases Involving Injury. Admissible; certified documents of Department of Corrections. Admissible; certified documents of Department of Corrections. Civil Actions; opening and concluding arguments; parties entitled. Civil Cases; depositions; court reporters; disqualification waiver. Code Revision; Title 24; correct errors and omissions. Forensic Testing; uniform procedures; enact Forensic Sciences Act. Judicial or Administrative Proceedings; offense of embracery.

HB 325 SB 47 SB 48
HB 369 SB 185 HB 123 HB 557 SB 283

EXAMINING BOARDS, STATE (Also See Professions and Businesses) Board of Examiners of Psychologists; create hypnotherapist council. Board of Medical Examiners; geographic representation. Board of Medical Examiners; powers; respiratory care professionals. Chiropractors; scope of practice; definition of 'adjustments'. Cosmetology Schools; curriculum; student training; study of. Licensing Authority; fees for legal costs; release of information. Massage Therapists; create state licensing board. Medical Physicians; patient's right to choose experimental treatment. Medical Physicians; unconventional or experimental procedures. Professional Counselor, Social Worker, Therapist; license exception. Professional Counselors, Social Workers, Therapists; licensing exception; certain public employees. Professional Engineer or Land Surveyors; unlawful practice; penalty.

SB 345 HB 238 HB 138 SB 278 SR 319 SB 303 SB 300 SB 341 SB 307 HB 416
HB 96 HB 143

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INDEX
EXAMINING BOARDS, STATE (Continued) Professional Licenses; revocation; final decisions; judicial review. Professional Malpractice; damage actions; filing of complaint. Professional Marriage and Family Therapists; licensure requirements. Real Estate Appraisers Board; contracts; investigative functions. State Board of Accountancy; regulations for standards of competence. State Board of Cosmetology; registration requirements. State Board of Pharmacy; appointees; duties; enforcement powers. State Board of Physical Therapy; composition; qualifications. Water System Operators; high school education requirements.
EXPLOSIVE DEVICES, BLASTING STANDARDS Blasting Near Underground Gas Pipes, Utilities; define corporation. Bomb Disposal Technicians; certification; mutual aid agreements. Destructive Devices; possession or transporting with intent to kill, injure or destroy public buildings; penalty.
EYEGLASSES, LENSES, VISUAL CARE (Also See Medical Practice) Diabetic Eye Disease; early detection and treatment. Health Care Insurers; Patient Access to Eye Care Act.

2505
SB 344 SB 276 HB 272 HB 172 HB 374 SB 287 HB 330 SB 228 HB 345
SB 269 SB 173
SB 227
SR 202 SB 254

F

FAIR BUSINESS PRACTICES (Also See Commerce and Trade or Selling) Consumer Credit Reporting Agencies; violations; deceptive practices. Franchise Businesses; marketing and contract rights. Home Improvement Contract Regulation Act. Motor Vehicle Repairs; unlawful practices; consumer protections.

SB 218 SB 246 SB 295 SB 225

FAIRBURN, CITY OF; mayor, council salaries; Municipal Court powers.

SB 400

FAMILY AND CHILDREN SERVICES, DFACS (Also See Human Resources and

Public Assistance)

Deprived Children Placed in Foster Care; duration; periodic review.

HB 126

Fathers Duty to Support His Child Born Out-of-Wedlock; enforcement.

SB 58

Foster Care Homes; criminal background check requirements.

SB 244

Social Assistance Register; persons willing to help DFACs recipients.

SB 267

FAMILY VIOLENCE (Also See Domestic Relations or Crimes)

Abuse, Neglect or Exploitation of a Disabled Adult or Elder Person.

SB 127

Abuse of a Vulnerable Adult or Elder Person warrantless arrests.

SB 159

Battery; offenses against a female who is pregnant; punishment.

SB 205

Child Custody Cases Alleging Abuse; juvenile court jurisdiction.

SB 74

Child Custody; evidence of abuse; supervised parental visitation.

SB 71

Crimes of Assault, Battery Against Family Members; specific penalty. ........ SB 67

Family Violence Shelters; disclosure of location unlawful; penalty.

HB 413

Health Insurers; victims of violence or abuse; discriminatory acts.

SB 186

Law Enforcement Training in Investigation of Incidents.

HB 673

Petitions for Relief Involving Nonresidents; court jurisdiction.

SB 160

Petitions for Relief Involving Nonresidents; unlawful disclose family violence

shelter location; state commission administration.

SB 171

Recipients of TANF Public Assistance; domestic violence victims.

SB 104

Refer to numerical index for page numbers

2506

JOURNAL OF THE SENATE

FANNIN COUNTY 9 AND 10 YEAR OLD GIRLS BASKETBALL TEAM Commend. ......................... .................................. SR 380

FARMS AND FARMERS (Also See Agriculture)

Agricultural Commodity Commission for Peanuts; overview committee. ...... SB 365

Agricultural Employers; farm labor; urge effective H2A Program.

SR 360

Agriculture Commissioner; subpoena powers; records of licensees.

SB 102

Farm Bureau Federation; commend.

.............

............ SR 69

Farm Wineries; sales in special entertainment districts. .........

. HB 834

FARR, JOSHUA A.; University System Scholar; commend. .................. SR 427

FARRELL, DAVID PAUL; regrets at the passing.

SR 306

FATHERHOOD RESPONSIBILITY ACT Support for Child Born Out-of-Wedlock. ........... .

........... SB 58

FAYETTE COUNTY; Superior Court; Griffin Circuit; judges supplement. . HB 963

FEDERAL GOVERNMENT (Also See Congress)

Community Development Finance Institute Program; participation.

SB 389

Congress; urge adopt the Balanced Budget Amendment.

............ SR 180

Consumer Credit Reporting Reform Act; state enforcement.

SB 218

Declaring Georgia's Sovereignty Under the U.S. Constitution.

SR 74

Department of Defense; certain former teachers; state retirement. . . . . .

SB 109

Department of Defense Schools; creditable teacher retirement service.

SB 108

Environmental Protection Agency; urge public hearings in NW Georgia

relative chemical weapons incinerator, Anniston, Alabama. . . .

HR 17

Federal ISTEA/Transportation Legislation; study of impact on state.

HR 464

Intermodal Surface Transportation Efficiency Act Reauthorization; joint

committee to study Georgia's public policy objectives. ..........

SR 72

Job Training Programs; coordination of state, federal funds; study. .......... SR 339

Military Bombing Range; restrict siting of waste disposal facility. . ...... HB 57

National Defense; Selective Service Registration; commend, encourage. ... HR 254

Relative Conrail Acquisition Plan; supporting balanced competition,

competitive freight service and rail passenger service.

SR 178

Revenue Code; define terms; conform provisions federal law.

HB 83

Unemployment Insurance; request pilot project to run own UI System.

SR 351

Unemployment Trust Funds Held in State's Account; withdrawals. ....... HB 213

Urge Develop Effective H2A Programs for Agricultural Employers.

SR 360

Urge Environmental Protection Agency to Hold Hearings in NW Georgia on

Proposed Chemical Weapons Incinerator, Anniston, Alabama.

SR 152

Urge EPA Reaffirm Existing Air Quality Standards for Ozone and Particulate

Matter.

................. ..................... SR 278

Urge FDA Correct Regulatory Delays and Facilitate Access to New Medical

Technology.

.................

.................. SR 194

Urge Support Application of Republic of China on Taiwan for Membership in

the United Nations.

............ SR 203

Urge Support for the Admission of Republic of Poland to NATO.

SR 205

Urge U.S. DOT Impose Competitive and Public Interest Conditions Upon

Potential Purchasers of Conrail. ...........

............ SR 286

Urge USDA to Abandon Planned Quarantine of Wheat to Control Karnal Bunt

Fungal Disease.

........ SR 197

U.S. Flag and Other Patriotic Customs; public school instruction. ...

HB 214

FERTILIZER PRODUCTS Sales and Distributors; regulation; licensing.

HB 49

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INDEX

2507

FINANCIAL INSTITUTIONS (See Banking and Finance)

FINGERPRINTS Applicants for a Driver's License; delete requirement provisions. Criminal Arrest Records; expungement of records in certain cases. Driver Records; privacy of personal information; restrict access. Driver's Licenses and ID cards; repeal fingerprinting requirement. Requiring Driver's License Applicants Submit Fingerprints; repeal.

SB 164 HB 183 HB 587
SB 2 HB 62

FIRE PROTECTION AND SAFETY

Blasting Near Underground Gas Pipes, Utilities; change definition.

SB 269

Bomb and Explosives Disposal; technicians; mutual aid agreements.

SB 173

Bombs, Explosives; penalty to possess or transport with intent to kill, injure, or

destroy public buildings. ............................................ . SB 227

Buildings Presenting a Special Hazard; conflicting codes, standards.

SB 212

Buildings Presenting Special Hazards; assisted living facilities.

HB 287

Carbon Monoxide Poisoning; urge publicity to alert public to dangers.

HR 44

Fire Extinguishers; license exemption; servicing, installation

upon own property.

HB 415

Fire Insurance Companies; premium tax clarification; refund claims.

HB 333

Firefighters' Recognition Day, 25th Observance; commend.

SR 121

Firefighters; special license plates; transfer to another vehicle.

HB 205

Firemen's Pension Fund; change name; Firefighters' Pension Fund.

HB 337

Firemen's Pension Fund; membership; expand eligible fire fighters.

SB 128

Firemen's Pension Fund; rename Georgia Firefighter's Pension Fund.

HB 340

Fireworks Displays; magazine licenses; storage for use other state.

SB 311

Georgia Fire Sprinkler Act; license requirements; accountability.

HB 505

Insurance Premium Tax Levied by Counties; expenditure of proceeds.

HB 492

Public Safety Equipment; use of special county 1% sales tax proceeds.

HB 531

Volunteer Fire Departments Consolidating Into Nonprofit Corporation.

SB 30

FIREARMS AND WEAPONS Brady Law Regulations; dealer inquiries; GCIC telephone service. Brady Law Regulations; firearms dealer inquiries; time period GBI telephone service available; handguns pledged as collateral. Carrying of Firearms by Licensed Persons in Public Places. Firearms Protection for Minors; unsafe storage of a loaded gun; criminal liability; statewide referendum. Georgia Drugs and Narcotics Agency; personnel; retention of weapons. License to Carry Pistol or Revolver; former law enforcement officers. Pistols, Revolvers; license prohibited for felony drug conviction. School Security Personnel; authority to carry firearms. Sport Shooting Ranges; noise control; when actions against limited. Students Bringing Weapons to School Punishable by Expulsion. Students Possession or Use of Weapon on School Grounds; punishment.

HB 290
HB 447 SB 247
SB 190 HB 92 SB 247 SB 350 HB 383
SB 8 SB 92 HB 681

FIREFIGHTERS' RECOGNITION DAY, 25TH OBSERVANCE; commend. SR 121

FIREMEN'S PENSION FUND Board of Trustees; investments in certain corporations Change Name to Georgia Firefighter's Pension Fund. Change References and Name to Firefighters' Pension Fund. Financing; clarify premium tax levied on fire insurance companies.

HB 463 HB 340 HB 337 HB 333

Refer to numerical index for page numbers

2508

JOURNAL OF THE SENATE

FIREWORKS; storage for public exhibitions; magazine licenses.

SB 311

FISHERMEN, COMMERCIAL DEALERS Motor Fuel Used in Commercial Fishing; sales tax exemption. Shrimp Fishery Resources; committee to study

SB 362 SR 291

FISHING (Also See Game and Fish) Commercial Crabbing Licenses; lawful number of crab traps, floats. License Suspended or Denied for Noncompliance Child Support Order.

HB 212 HB 284

FLAG, U.S. Public School Instruction; respect for; patriotic customs.

HB 214

FLAGS, SEALS, AND OTHER SYMBOLS (See State Symbols)

FLINT RIVER; water resources; ACF Interstate Compact.

HB 149

FLORIDA, STATE OF; Apalachicola-Chattahoochee-Flint River Basin Compact.

HB 149

FLOYD COUNTY Board of Commissioners; staggered terms. Hospital Authority; filling of vacancies.

HB 658 HB 657

FLUNITRAZEPAM; Schedule IV Controlled Substance; violations; punishment.

HB 111

FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies or Food Service) Chewing Gum; include in definition applicable to littering. Deer Farming; commercial production of food, fiber; regulations. Food Service Establishments; hair nets required of food preparers. Perishable Foods Sold at Retail; labeled expiration date.

HB 248 HB 426 HB 474
SB 96

FOOD SERVICE ESTABLISHMENTS Hair Nets Required of Food Preparers.

HB 474

FORENSIC SCIENCES ACT OF 1997, GEORGIA; enact.

HB 557

FOREST PARK, CITY OF; City Council; elections; districts.

HB 1029

FORESTRY

Georgia's Forestry Industry; adverse affect of subsidized Canadian lumber

imported duty-free. ................................................... SR 387

State Commission; surplus properties; deed of conveyance to Douglas County,

City of Homerville, Clinch County.

HR 271

FORFEITURE OF PROPERTY; Seizure of Vehicles Used Soliciting Prostitution. ................................................. ......... SB 158

FORGERY AND RELATED OFFENSES (Also See Crimes and Offenses) False Identification Documents; sales to a minor or illegal alien. Fraud; offenses involving telemarketing sales, use of a computer network or home repair work; penalties. Inmates; transfer of property to avoid reimbursement to state. Insurance Fraud Against Persons 60 Years of Age; increased penalties Insurance Fraud; change definition. Insurance Fraud; false claims to procure payment of benefits. Medicaid Fraud Forfeiture Act of 1997; enact.

SB 199
HB 708 SB 3
HB 233 HB 97 HB 493 HB 377

Refer to numerical index for page numbers

INDEX

2509

FORSYTH COUNTY; State Court; terms; judicial assistance.

HB 1064

FORSYTH, ROBERT MORRISON; commend.

SR 25

FOSTER CARE Children With Disabilities; assistance to families adopting. Families Adopting Hard-to-Place Children; financial assistance. Foster Care and Adoption; re-creating committee to study. Placement of a Deprived Child; duration; family reunification plan.

SB 24 HB 112 SR 280 HB 126

FOUNTAIN, HEATHER; Soap Box Derby Champion; commend.

SR 7

FOUR-H DAY AT STATE CAPITOL; observance.

SR 90

FRANCHISE BUSINESSES; marketing and contract rights.

SB 246

FRANKLIN COUNTY Board of Commissioners; terms; voting; personnel. Franklin County Public Building Authority Act

HB 906 HB 904

FRIENDSHIP FORCE, THE; commend.

SR 317

FRIES, NORMAN W., CLAXTON POULTRY; commend.

SR 283

FRIVOLOUS LAWSUITS

Civil Actions; award of attorney fees, litigation expenses. .................... SB 1

Prisoner Litigation; civil actions; cases requiring an application.

SB 370

FRYE, NELL OGLESBY; commend.

SR 230

FULFORD, ALLEN B.; designate memorial bridge to honor; Dooly County. HR 268

FULTON COUNTY Ad Valorem; school taxes; exempt full value of homestead at age 75. Library Board of Trustees; qualifications. Medical Examiner; selection; term; compensation. Property Conveyance; Atlanta; convey lease of state property. Property Conveyance; certain DOT owned rights-of way; lease to City of Atlanta for parklands. Ted Turner Stadium; urge name baseball field to honor Henry Aaron.

SB 285 HB 606 HB 721 HR 401
SR 166 SR 77

FUNDRAISING ACTIVITIES; charitable organizations selling tickets.

HB 283

FUNERALS AND FUNERAL ESTABLISHMENTS Private Passenger Automobile Insurance; medical and funeral expense. Private Passenger Automobile Insurance; medical payment coverage.

SB 356 SB 224

G

GAINESVILLE-HALL COUNTY GOVERNMENT UNIFICATION TASK

FORCE; continue.

................................................. SR 43

GAME AND FISH (Also See Natural Resources) Conservation Rangers; license to carry pistol or revolver; retirees. Crabbing Licenses; commercial fishermen; use of crab traps, floats. Deer Farming; agricultural operations; regulation; licensing. Hunting, Fishing Licenses; denial; noncompliance child support order. Sport Shooting Ranges; noise control; when actions against limited.

SB 247 HB 212 HB 426 HB 284
SB 8

Refer to numerical index for page numbers

2510

JOURNAL OF THE SENATE

GAMING EQUIPMENT MANUFACTURERS, PROCESSORS; legal authority to sell. ............................... .................................. SB 14

GARBAGE (See Waste Management or Landfills)

GARDNER, CHRISTY J.; commend.

SR 345

GARNISHMENT; Summons Upon Financial Institutions; property includes safe-deposit box contents; form of affidavit.

HB 307

GAS, GASOLINE, PETROLEUM PRODUCTS
Alternative Fueled Vehicles; designated travel lanes; special plates. Hazardous Waste Trust Funds; expenditures; liens in favor of state. Motor Fuel Used in Commercial Fishing; sales tax exemption. Natural Gas Competition and Deregulation Act; enact. Public Utilities; violations; maximum penalties recoverable by PSC. Underground Gas Pipes, Utilities; proposed blasting; definition.

SB 116 HB 470 SB 362 SB 215 SB 130 SB 269

GASKINS, CLARENCE LOMAN; designate memorial bridge; Bacon County.

HR 268

GENERAL ASSEMBLY Adjournment; January 17 to January 27; Session recess schedule. Adjournment; March 7; reconvene March 11. Adjournment Sine Die; March 28, 1997. Authority; local Acts to annex or deannex municipal areas. Bills for Revenue or Appropriate Money May Originate in Senate. Elect Members of State Board of Education; amend Constitution. Expressing Consensus; Internet access, emerging electronic communications be exempt taxation, fees, assessments. Fiscal Affairs Subcommittees; budget unit transfers. General Bills Authorizing State Taxes, Fees, Assessments or Charges; requires approval by 2/3's of General Assembly. General Bills Creating Taxes, Fees, Assessments; requires 2/3s vote. Georgia Youth Legislature; create. Health Insurance Benefit Bills; review and cost assessment. House of Representatives Convened; notify Senate. House of Representatives; election districts; change descriptions. Joint Session; budget message from Governor; January 16. Joint Session; invite Supreme Court Justices and Appellate Judges. Joint Session; message from Governor; January 14. Joint Session; Supreme Court Chief Justice Robert Benham message. Legislation Affecting Housing Affordability; explanatory statement. Local Acts Proposing to Annex Commercial Property; requirements.
Local Legislation; effective dates; notice of introduction. Local Legislative Delegations; notice of state building projects. Members; acceptance of goods, services from lobbyists prohibited. Members; creditable service under Teachers Retirement System. Members; election campaign expenditures; maximum allowable limits. Members; special license plates; transfer between vehicles. Members; terms of office; limit to six two-year terms. Natural Resources Department; report on coastal management program. Notice to Officials Relative Proposed Reduction in Force Actions. Notices of Proposed Privatization of State Institutions or Programs. Notices of Waivers Granted to State Regulated Practices, Businesses. Notify Governor; General Assembly convened. Population Bills; prohibited types; local salary or annexation bills.

HR 16 HR 436 HR 718 HB 217
SR 55 SR 37
HR 366 SB 197
SR 147 SR 248 SR 162 SB 207
HR 9 HB 958
HR 14 HR 13 HR 12 HR 15 SB 275 SB 251 HB 188 SR 159 SB 177 SB 277 SB 248 HB 205 SR 216 HB 167 SB 59 SB 57 SB 81 HR 11 HB 98

Refer to numerical index for page numbers

INDEX

2511

GENERAL ASSEMBLY (Continued)

Remove Authority to Fix Compensation of Public Officials; place authority in a

state commission; amend Constitution.

HR 296

Reports; status of transition to a competitive natural gas market.

SB 215

Review Proposed Changes in Use of Stone Mountain Park Master Plan.

SB 146

Senate Convened; notice to House of Representatives.

........ SR 2

Senate Members; election to four-year terms; amend Constitution. ....... SR 161

Senate Members; minimum age to be elected; amend Constitution.

SR 41

Senatorial Districts; descriptions; members who take office 1999.

SB 382

Senatorial Districts 48 and 56; change descriptions.

SB 250

Silver-Haired Legislature; meetings at state capitol.

SB 150

State Government Waste Task Force; present recommendations.

. . . SR 171

State Office Campaign Finance Joint Study Committee; create.

SR 255

State Office Campaign Finance Study Committee; create. .............

SR 254

GEORGIA ASSOCIATION OF BLACK STATE UNIVERSITIES

Commend. ........

.

..........

... SR 127

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI

Crime Information Center; firearms dealer inquiries; telephone service

operational hours. ............ ...................... ............. HB 447

Crime Information Center; firearms dealer telephone inquiries.

HB 290

Criminal History Records; procedure for expungement; certain cases.

HB 183

Drugs and Narcotics Agency; enforcement; Pharmacy Practice Act.

HB 330

Drugs and Narcotics Agency; personnel retain weapons, badge.

HB 92

Duties; state registration program for sexually violent predators. . . ........ SB 105

Georgia Forensic Sciences Act of 1997; enact. .......................... HB 557

GEORGIA CITIZENS COMMISSION ON COMPENSATION OF PUBLIC

OFFICIALS; create.

HR 296

GEORGIA COASTAL ZONES MANAGEMENT ACT; enact.

HB 167

GEORGIA CODE (See Code of Georgia)

GEORGIA COLLISION DAMAGE WAIVER LAW.

SB 167

GEORGIA COMMISSION ON WOMEN; Clarify Powers; expense reimbursement; disseminating information. . . . ....................

HB 761

GEORGIA CONFERENCE OF BLACK MAYORS Welfare reform concerns. ............. ................... .............. SR 111

GEORGIA COUNTY WELFARE ASSOCIATION, INC.; commend.

SR 191

GEORGIA COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION

ACT; enact.

SB 133

GEORGIA DAIRY PRODUCTION SENATE STUDY COMMITTEE

Create.

.

........... ........... .......... SR 195

GEORGIA DRUGS AND NARCOTICS AGENCY Director, agents; retention of weapon and badge upon leaving agency. Enforcement Powers Under Georgia Pharmacy practice Act.

HB 92 HB 330

Refer to numerical index for page numbers

2512

JOURNAL OF THE SENATE

GEORGIA ELECTRONIC RECORDS AND SIGNATURES ACT; enact.

SB 103

GEORGIA FERTILIZER ACT OF 1997; enact.

HB 49

GEORGIA FIREFIGHTER'S PENSION FUND; new name for old fund.

HB 340

GEORGIA FORENSIC SCIENCES ACT OF 1997; enact.

HB 557

GEORGIA INFORMATION TECHNOLOGY POLICY COUNCIL; powers,

duties; electronic signature technology projects.

...... SB 103

GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY

Additional Member; executive director of Georgia Ports Authority.

HB 778

Authorize Levy of a Hotel-Motel Excise Tax to Support; conditions.

HB 706

GEORGIA MILITARY COLLEGE; Students Who Completed 2-year ROTC program; scholarship grants.

HB 914

GEORGIA NATIONAL GUARD YOUTH CHALLENGE ACADEMY;

Commend.

....

.............. SR 292

GEORGIA NURSING HOME ASSOCIATION EDUCATION AND

RESEARCH; commend.

...

........

SR 204

GEORGIA POWER COMPANY Utility Easements; Newton, Troup Counties. ............ ........ ...

SR 164

GEORGIA STATE MUSEUM SCIENCE AND INDUSTRY; rename Georgia

Capitol Museum.

. . . .................................. HB 308

GEORGIA STATE UNFVERSITY; College of Business Administration;

Commend.

.....

. ................................. SR 361

GEORGIA STUDENT FINANCE AUTHORITY; Scholarship Grants;

Eligibility; University System ROTC programs.

......... HB 914

GEORGIA TRANSMISSION CORPORATION; electrical line easement; Macon County. ....................................................

SR 165

GEORGIA YOUTHBUILD PROGRAM ACT.

SB 68

GEORGIANET AUTHORITY Public Safety Driver Records Access; rental firms. ........ ......

HB 587

GERMANY, OFFICE OF CONSULATE GENERAL FEDERAL REPUBLIC

Honoring.

......... .............................................. SR 266

GERONTOLOGY, THE STUDY OF; student grants, scholarships

and loans.

........ .............................. HB 297

GILBERT, RALPH MARK; designate Civil Rights Museum to honor.

SB 366

GILMER COUNTY

Board of Commissioners; meeting date; bids. .............................. SB 392

Designate; Cora Williams Intersection; City of East Ellijay. ........

HR 287

Designate; N.A. West Bridge; City of East Ellijay.

HR 288

GLASS, CAROLYN Y.; commend.

...... . . . . .................... SR 268

GLOVER MACHINE WORKS AND RICHARD L. HILLMAN; Commend.

SR 457

GLYNN COUNTY

Coastal Region Aquarium, Maritime Facility feasibility study ............... SR 185

Georgia Coastal Zones Management Act; enact.

HB 167

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INDEX

2513

GOLF HALL OF FAME AUTHORITY ACT; enact.

HB 866

GOOCH, GLENN; commend. .................. ........... .............. SR 60

GOOGE, JAMES ROBERT; designate memorial bridge; Bacon County.

HR 268

GORDON COUNTY Designate; Trail of Tears Highway; portion of SR 225 to state line. Property Conveyance; Calhoun; utility line easement. . . .

HR 324 SR 164

GOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM ACT.

SB 271

GOVERNOR

Compensation of the Governor; place authority in a state commission.

HR 296

Designate as State Commissioner to the ACF Basin Commission.

HB 149

Designate as State Commissioner to the ACT Basin Commission.

HB 148

Duties; Georgia Coastal Management Program.

HB 167

General Assembly; budget message from Governor; January 16.

HR 14

General Assembly Convened; notify Governor.

HR 11

General Assembly; Joint Session; state of state message.

......... HR 12

Privatization of Services by Executive Branch; employee assistance.

SB 262

Privatization Proposed by Executive Branch; notify certain officials.

SB 57

Rewards for Apprehension of Felony Criminals; authorized amounts.

HB 719

State Building Projects; inform local legislative delegations prior to public

announcement and notices.

SR 159

Zell Miller; appointments to boards, commissions.

Pages 112, 1332, 2287, 2290

Zell Miller; vetoes 1997 session, line item, appropriations.

Page 1003

GRAND JURIES (Also See Juries or Courts) Indictment of Peace Officers; misdemeanor or felony prosecutions. Jurors; grand, trial; compilation of jury lists; minimum standards.

SB 140 SB 253

GRANTS

Charter Schools; public or private entities. ....... ..........

Counties, Municipalities; authority; public job training programs.

Education; School Choice Vouchers; joint committee to study.

Education; School Choice Vouchers; Senate Committee to study.

Educational Programs Targeting At-Risk Students; additional grants.

Educational; public tuition assistance for private schools.

.......

Funding; After-school Activity Program for Middle School Children.

Graduate Medical Education Study Commission; create.

Lottery Funded Scholarships; eligibility of students in DCYS school.

Primary Care Medical Education Scholarships and Loans.

Students Pursuing Studies in Gerontology; scholarships, loans. ......

Students Scholarships; eligibility; University System ROTC programs.

Volunteer Fire Departments Consolidating Into Nonprofit Corporation.

. . . . SB 70 SB 101 SR 21
...... SR 22 SB 97 SB 259 SB 50
HR 249 HB 939 SB 391 HB 297 HB 914
SB 30

GRANTVILLE, CITY OF; mayor and councilmembers; 4-year terms.

HB 883

GREATER ANTIOCH BAPTIST CHURCH 125 ANNIVERSARY Commend.

SR 235

GREENE COUNTY; Probate Court; judge; nonpartisan nomination; election.

HB 540

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2514

JOURNAL OF THE SENATE

GKEENE, HARVEY R.; designate bridge south of Thomaston to honor. ...... SR 244

GREER, DEIRDRE C.; University System Scholar; commend. ............... SR 423

GRIFFIN JUDICIAL CIRCUIT; Superior Court; judges;

county supplements. ............

.......

......... HB 963

GRIZZARD, L. DREW; condolences to family. ...........

........ SR 293

GROOME, JIM; commend. .........

...

......... SR 231

GROUND WATER (See Waters or Natural Ressources or Erosion)

GUARDIAN AND WARD

Agency Relationships; transfer of property ownership; restrictions.

... HB 55

County Guardians as County Administrators; appointment. ................ SB 136

Durable Power of Attorney for Health Care; appointment of a guardian.

SB 184

Guardians of Minors; dissolution of appointed temporary guardians.

SB 180

Guardianship Statutes; re-create Joint Rewrite Committee. ............... SR 73

Guardianships of Incapacitated Adults; evaluation of proposed ward.

SB 179

Guardianships of Incapacitated Adults; powers, duties, liability.

SB 182

Guardianships of Incapacitated Adults; protection of ward's rights.

SB 181

Incapacitated Adults; emergency guardians; out-of-state evaluations.

SB 37

Power of Attorney; clarify when agent's authority terminates. ............ SB 183

Wills, Trusts and Estates; Probate Code Revisions, OCGA Title 53.

HB 245

GUNS (Also See Firearms)

Brady Law Regulations; dealer inquiries; GCIC telephone service.

HB 290

Brady Law Regulations; licensed dealers; time period GBI telephone inquiry service available; loan or pawn transaction exemption. ....... . . . HB 447

Firearms Protection for Minors; loaded firearms; negligent storage.

SB 190

Pistols, Revolvers; authority to carry in public places; licensees. . . . ........ SB 247

Pistols, Revolvers; license prohibited for felony drug conviction.

SB 350

Sport Shooting Ranges; noise control; when actions against limited. ......... SB 8

Students Bringing Weapons to School Punishable by Expulsion.

SB 92

Students Possession or Use of Weapon on School Grounds; punishment.

HB 681

GURLEY, MRS. JESSIE; honoring 103rd birthday. ........................ SR 30

GUSTAFSON, BILL; commend.

SR 322

GWINNETT COUNTY

Ad Valorem; school taxes; homestead exemption; elderly persons.

SB 294

Gwinnett County State Court, 60th Anniversary; congratulate. . .

. SR 276

Magistrate Court; office of chief magistrate; qualifications. ........ ........ SB 189

Property Conveyance; disposal of 1.6 acre tract of state property. ........... SR 166

Property Conveyance; grant easement for sanitary sewer lines. ............. SR 164

Sales Tax for Education; distribution of proceeds between county and Buford

School District. ........

. .................. .................. HB 279

Superior Court; judges; salary supplement.

........................ HB 503

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INDEX

2515

GWINNETT'S FALLEN HEROES MEMORIAL COMMITTEE; commend. SR 198

H

H/S MACLO, LLC; grant water line easement in Bibb County.

SR 165

HABERSHAM COUNTY Designate; Lovell-Wikle Scenic Highway. Habersham County State Court; judge, solicitor; compensation. State Court; judge, solicitor; terms; compensation; practicing law.

SR 214 HB 727 HB 1014

HABITUAL OFFENDERS DUI Violations; licenses to bear identifying words, CONVICTED DUI. DUI Violators; clinical evaluation; vehicle ignition interlock device; special license tag; increase penalties. Habitual Violators Convicted of DUI; punishment; parole limitations.

SB 82
HB 681 SB 321

HALL COUNTY; Gainesville-Hall Government Unification Task Force; Continue.

SR 43

HAMES, CURTIS, DR.; commend.

SR 81

HANCOCK COUNTY Board of Commissioners; compensation. Board of Elections and Registration; create. Magistrate Court; chief magistrate; nonpartisan election. Property Conveyance; surplus National Guard Armory.

HB 902 HB 976 SB 234 SR 125

HANCOCK, DR. S. ANNE; commend.

SR 227

HANDGUNS (See Guns or Firearms)

HANDICAPPED PERSONS Abuse of a Vulnerable Adult; warrantless arrests; officer training. Abuse of Vulnerable Adult; protections for elderly and disabled. Adapted Sports After-school Programs; committee to study. Assisted Living Facilities; new category of facilities; licensing. Community Trusts; death of life beneficiary; funds distributed to a successor trust; authorized use of funds. Disability Commissions; establishment by local governments. Income Tax Credit; homes with accessibility features; costs. License Plates; special; disabled veterans, Pearl Harbor survivors. Parking Law for Disabled Persons; enforcement monitors; uniforms. Physically Disabled Persons; exercise of rights to facilities; use of trained service capuchin monkeys

SB 159 SB 127 SR 263 HB 287
HB 650 SB 383 HB 417 HB 869 HB 79
HB 351

HARALSON COUNTY Juvenile Court Judge; Tallapoosa Judicial Circuit; minimum salary. Water Authority; purchases and sales.

HB 1008 HB 1026

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2516

JOURNAL OF THE SENATE

HARALSON COUNTY VETERANS ASSOCIATION; commend.

SR 45

HARDWICK, KATHRYN G.; honoring.

SR 394

HARKLEROAD, THOMAS CONLEY; University System Scholar; commend. SR 424

HARMEYER, DR. VIRGINIA M.; commend.

SR 131

HARRIS COUNTY; Designate; Chet Atkins Parkway; Portion Interstate 1-185.

HR 245

HASTY, WILLIAM G. 'BILL', SR.; Elected to State Transportation Board

Page 1

HATE CRIMES; Condemning Acts; urge effective law enforcement.

SR 313

HAWKEVSVTLLE CIVITAN CLUB'S 'SHOOT THE BULL' BARBECUE Championship; designate as official state beef barbecue cookoff.

HB 845

HAYES, REVEREND CHARLES WALTER Designate Memorial Highway and Bridge; Whitfield County. Designate Memorial Highway and Bridge; Whitfield County.

SR 252 HR 159

HAYNES, HEATH; commend.

SR 199

HAZARDOUS MATERIALS Chemical Weapons Incinerator, Anniston, Ala.; urge public hearings. Chemical Weapons; proposed incinerator in Alabama; public hearings. Environmental Testing Data; commercial laboratories; accreditation. Hazardous Waste Trust Funds; expenditures; liens in favor of state. Pollution Prevention Efforts; waiver hazardous waste management fees.

HR 174 SR 152 HB 604 HB 470 HB 510

HEAD INJURED PERSONS Brain and Spinal Injury Trust Fund; allocate certain DUI penalties. Brain and Spinal Injury Trust Fund; create; rehabilitative services.

SR 144 SB 110

HEALTH (Also See Mental Health or Health Care Facilities or Human Resources)

Acupuncturists and Detox Specialists; licensure; registration.

SB 65

Ambulance Service Providers; compliance with the EMSC Program.

HB 277

America's Youth PASSPORT, Preventive Health Care; recognize.

SR 186

Assisted Living; new category of facility; licensing at different levels; delete and

replace term 'personal care homes'.

HB 287

Birth Certificates; naming of child's father for certain children.

SB 195

Brain and Spinal Injury Rehabilitative Care; create trust fund.

SB 110

Carbon Monoxide Poisoning; urge campaign to alert public to dangers.

HR 44

Children; affirming Senate commitment to ensure their welfare.

SR 388

County Boards; licensee violations; enforcement by contempt action.

HB 295

County Boards; on-site sewage treatment system installations.

SB 165

Death; concealing death of another person or to hinder discovery.

SB 316

Death of Person in Another's Care; notify law enforcement, relatives.

HB 651

Drug Addiction; committee to study prevention, treatment.

SR 232

Durable Power of Attorney for Health Care; appointment of a guardian.

SB 184

Emergency Nonconsensual Medical Treatment for Attempted Suicide.

SB 36

Emergency 911 Communications Center; performance report; inspection.

HB 278

Family Caregiving Expenses for Elderly or Disabled; tax credit.

HB 517

Food Service Establishments; food preparers; hair nets required.

HB 474

Health Care Products; new medical technology, therapies, cures;

urge PDA correct regulatory delays to facilitate access.

SR 194

Health Districts; delivery of services; define service area.

SB 317

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INDEX

2517

HEALTH (Continued)

Home Care Providers; senior volunteer services; license exemption.

HB 830

Hospital Authorities; sale or lease transactions; terms, conditions.

SB 220

Hospitals Owned by Nonprofit Corporations; transfer of assets to certain

acquiring entities; requirements

HB 600

Infants Injured Result of Mother's Drug Use; drug dealer liability.

SB 80

Insurance; coverage; diabetes outpatient self-management services.

SB 55

Insurance; coverage of treatment of mental disorders; parity.

SB 245

Insurance; coverage; portability; group continuation; conversion policies; conform

federal laws, Kennedy-Kassenbaum Bill.

HB 654

Insurance; health; Managed Care Responsibility Act of 1997.

SB 211

Insurance; legislative proposals mandating coverage; prerequisites.

SB 207

Insurance; purchasing cooperatives for small employers.

SB 93

Insurers; Appropriate Patient Care Act.

SB 330

Insurers; discriminatory acts against victims of violence or abuse.

SB 186

Insurers; Mastectomy Patient Care Act.

SB 54

Insurers; Patient Access to Eye Care Act.

SB 254

Insurers; patient's seeking emergency services; payment for service.

SB 209

Insurers; records of disabled newborns; notifications, referrals.

SB 254

Long-term Care Financing; medical care savings account program.

SB 279

Long-term Care; needs of chronically ill, disabled; study.

SR 145

Macon-Bibb County Board of Health; applicable state laws; repeal local

constitutional amendment.

HB 732

Managed Health Care Plans; covered medical treatment; patient receive

services within certain time period.

HB 106

Medicaid Fraud Forfeiture Act of 1997; enact.

HB 377

Medicaid; providers committing certain offenses; bar participation.

SB 44

Medicaid Providers; payment arising from fraud or misrepresentation.

SB 304

Medicaid; Study Committee on Appropriate Medicaid Reform.

SR 371

Medical Assistance Department; prescription drug approval process.

SB 139

Medical Care Savings Account and Trust Act; funds for future needs.

SB 279

Medical Care Savings Account and Trust for Long-term Care Needs.

SB 163

Medical Education; graduate residency positions; funding sources.

HR 249

Medical Treatment; experimental drugs or devices; conditional use.

SB 341

Medical Treatment; unconventional or experimental procedures.

SB 307

Medically Underserved Areas; primary care physicians; scholarships.

SB 391

Mental; involuntary treatment; emergency examination orders.

SB 99

Mobile New Health Services; certificate of need exemption.

SB 22

Nurses; identify self as a registered professional on name tag.

HB 841

Parenting Education; teenage students receiving public assistance.

SB 41

Perishable Foods Sold at Retail; labeled expiration date.

SB 96

Pharmacy Practice Act and Third-party Prescription Program Law

HB 330

Repeal OCGA Title 31, Chapter 25 Relating to Articles of Bedding.

HB 127

Sickle Cell Foundation of Georgia; commend.

SR 442

Telemedicine; out-of-state or foreign physicians; licensure.

SB 107

Welfare and Health Care Reforms; committee to study impact.

SR 395

Women's Cancer Care Issues Study Committee; create.

SR 378

Women's Health Care Issues Study Committee; create.

SR 340

HEALTH CARE FACILITIES, HOSPITALS (Also See Nursing Homes or Medical

Practice)

Abortion; prohibited medical procedure; partial-birth abortion.

SB 123

Abortion; prohibited medical procedure; partial-birth abortion.

SB 348

Abortion; prohibited medical procedure; partial-birth abortion.

SB 357

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2518

JOURNAL OF THE SENATE

HEALTH CARE FACILITIES, HOSPITALS (Continued)

Abortion; require informed consent; Woman's Right to Know Act.

SB 153

Abortion, Sterilization Procedures; Woman's Right to Know Act.

SB 216

Ambulance Service Providers; compliance with the EMSC Program.

HB 277

Assisted Living; new category of facility; regulate; licensing.

HB 287

Caregiving Expenses Provided to a Family Member; income tax credit.

HB 517

Certificate of Need; exemption; institutions practicing treatment by

spiritual means. .................. ...................... ....... SB 124

Certificate of Need; exemption; mobile new institutional services.

SB 22

Disabled or Elder Persons Believed to be Abused, Neglected; reports.

SB 127

Emergency Nonconsensual Medical Treatment for Attempted Suicide.

SB 36

Emergency Services, Patient's Seeking; requirements of insurers.

SB 209

Experimental Drugs, Medical Devices; patient's right to treatment.

SB 341

Health Benefit Plans; purchasing cooperatives for small employers.

SB 93

Healthcare Professionals; actions alleging professional malpractice.

SB 276

Home Care Providers; senior volunteer services; license exemption.

HB 830

Hospital Authorities; directors; conflicts of

interest restrictions. .....

............................. .......... SB 261

Hospital Authorities; nonprofit corporations; conflicts of interest; indigent care

reports.

.................................

HB 445

Hospital Authorities; sale or lease transactions; terms, conditions.

SB 220

Hospital Inpatient Care Following Surgery; coverage by insurers.

SB 330

Hospitals Owned by Nonprofit Corporations; transfer of assets

to a for-profit business; requirements

HB 600

Hospitals; staff privileges; podiatrists, osteopaths, dentists.

SB 138

Hospitals; staff privileges; psychologists, podiatrists, osteopaths, dentists.

SB 219

Hospitals, Teaching; primary care residency training; state grants.

SB 391

Insurers; coverage for diabetes outpatient self-management services.

SB 55

Mastectomy Patients; inpatient care; health insurers coverage.

SB 54

Medicaid Patients; medical assistance copayment pilot program.

SB 260

Medicaid Providers Convicted of Fraud; forfeiture of property.

HB 377

Medical Consent Law; applicability to abortion, sterilization.

SB 216

Medical Education; funding teaching hospitals; commission to study.

HR 249

Medical Education Training in Primary Care Specialties.

SB 391

Medical Reports; admissibility in civil trials.

HB 325

Mental Health Emergency Receiving Facilities; evaluation orders.

SB 99

Nonprofit Contractors Which Receive Public Funds; financial audits.

SB 349

Nurses, Registered Professional; identify title on name tag.

HB 841

Physical Therapists; license and training requirements.

SB 228

Radiology Services Independent of a Hospital; Medicaid enrollment.

SB 238

Respiratory Care Professionals; continuing education.

HB 138

State Board of Medical Examiners; geographic representation; physician's

assistant licensing. ........................................ ......... HB 238

Urge FDA Correct Regulatory Obstacles to New Therapies and Cures.

SR 194

Workers' Compensation; medical service provider billing errors.

SB 384

Workers' Compensation; medical service provider billing errors.

HB 331

HEALTH MAINTENANCE ORGANIZATIONS Contributions Toward Funding Medical Education in Teaching Hospitals. Managed Care; coverage; assignment systems for eligible individuals. Managed Care Plans; coverage of certain emergency procedures. Managed Care Responsibility Act; services to enrollees.

HR 249 HB 654 SB 209 SB 211

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INDEX

2519

HEALTH MAINTENANCE ORGANIZATIONS (Continued) Medicaid; enrollment of recipients; marketing contract restrictions. Medical Reimbursement Claims When Insured Compensated for Damages. Patient Treatment or Services; receipt within certain time period.

SB 390 HB 553 HB 106

HEALTHDYNE TECHNOLOGIES VS INVACARE A Senate substitute provided staggered terms of directors; not in final version. .................................

HB 294

HEARD COUNTY Board of Education; compensation method. West Point Lake Water Level Demands; urge federal action.

HB 631 SR 353

HECK, GEORGE L. Ill; commend. .

.......... SR 320

HENDLEY, DR. JOHN ELI; honoring.

........ SR 288

HENRY COUNTY Ad Valorem; homestead exemption; elderly persons; referendum. Ad Valorem; homestead exemption; increase to $15,000; referendum. Board of Commissioners; qualifications. Board of Education; compensation.

HB 975 HB 973 HB 969 SB 339

HERRINGTON, FRANK H.; commend.

.

............... SR 208

HERSHOVITZ, SCOTT ADAM; University System Scholar; commend. ....... SR 422

HICKS, MRS. RUBY HINTON GARDNER, 99TH BIRTHDAY

Congratulate.

...

SR 134

HIGH OCCUPANCY VEHICLE LANES

Designated Travel Lanes; alternative fueled vehicles; special plates.

SB 116

Metropolitan Atlanta Areas; alternative transportation projects. ........... SR 65

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation)

Chattahoochee-Flint Heritage Highway; recognizing.

...... ...... SR 124

Construction Sites; speed restrictions; designated zones; signage. .

SB 121

Designate; Brooks Pennington Memorial Parkway; Highway 441, Madison. HR 382

Designate; Chet Atkins Parkway; Wendall Bagwell Parkway. . . ...... HR 245

Designate; communities on Georgia Treasures Along 20 Trail.

HR 258

Designate; Coogan Ray Bleodow Memorial Bridge and Veterans

Memorial Highway in Cobb County; Harvey R. Greene Bridge in

Thomaston. ..................

SR 244

Designate; Cora Williams Intersection; City of East Ellijay. ............... HR 287

Designate; Evelyn S. Wade Highway on Highway 120, Buchanan.

SR 48

Designate; George W. Ross Highway; City of Eton; Murray County. ........ HR 215

Designate; George W. Ross Highway in City of Eton. ......... . . .

SR 251

Designate; Hugh L. Logan Interchange; Athens-Clarke County.

HR 49

Designate; Hugh L. Logan Interchange in Athens-Clarke County.

SR 9

Designate; Jack Eubank Memorial Highway; Columbia County.

HR 112

Designate; L.G. Landers Memorial Bridge, Austell; and Wendy Bagwell

Parkway, Paulding County.

...... ................. SR 304

Designate; Lovell-Wikle Scenic Highway; Lauren 'Bubba'

McDonald Parkway; and Woodstock Centennial Interchange.

SR 214

Designate; Martin Luther King, Jr. Memorial Highway; Marietta. ........... SR 63

Designate; Memorial Bridges to honor Alien B. Fulford, James Robert Googe,

Clarence Loman Gaskins and Wherry L. 'Dub' Abercrombie.

HR 268

Designate; N. A. West Bridge in Gilmer County; Captain Henry Will Jones

Bridge in Lanier County. ..................................

HR 288

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2520

JOURNAL OF THE SENATE

HIGHWAYS, BRIDGES AND FERRIES (Continued)

Designate; Reverend Charles Walter Hayes Memorial Highway and Bridge. SR 252

Designate; Reverend Charles Walter Hayes Memorial Highway

and Bridge.

HR 159

Designate; Thomas Kirkland Bridge; Coffee County.

SR 253

Designate; Trail of Tears Highway; portion S.R. 225; Gordon County.

HR 324

Designate; Veterans Memorial Parkway in Effingham County.

HR 106

Designate; Walter H. Buce Memorial Bridge, Cobb County;

and Segal Durrence Memorial Bridge; Reidsville.

SR 305

Designate; Walter L. Dasher Memorial Bridge; Tattnall County.

SR 88

Designate; Wendy Bagwell Parkway; Paulding County.

SR 316

Designate; William Thomas Overby Memorial Parkway, Sharpsburg; and Buddy

Reddick Parkway, Peach County.

SR 260

Designation to Honor Harold S. Willingham; South Marietta Loop.

SR 236

Developmental Highway System; revise; delete Outer Perimeter.

SB 314

Developmental Highway System's Relationship to Rural Georgia; study.

HB 621

Federal ISTEA Reauthorization; create committee to study impact.

SR 303

Indemnification of State DOT Highway Employees Killed or Disabled.

SB 117

Indemnification of State Highway Employees; amend Constitution.

SR 64

Joint Georgia Transportation Study Committee; creation.

SR 72

Naming or Designation of Roads and Bridges; procedures; signage.

SB 122

Outdoor Advertising Displays; vegetation maintenance requirements.

SB 337

Outdoor Lighting Applications Which Impair Vision of Drivers.

SB 329

Pedestrian Walkways and Bicycle Facilities; include as DOT projects.

SB 145

Public Property Not Needed for Road Purposes; disposition.

SB 76

Rail Passenger Authority; transportation projects other than roads.

SB 118

Rural Transportation; state council; economic development activities.

HB 621

Speed Detection Devices; permits; regulate use in certain areas.

HB 190

Speed Detection; radar use; operation by a certified peace officer.

HB 398

Supporting Commuter Rail Service Development on Existing CSX tracks

linking Atlanta and NW communities. ............. .......

........ SR 62

Transportation Department; negotiated contracts of $50,000 or more.

SB 120

Transportation, Joint Committee to Study; reauthorization of federal ISTEA

legislation and impact on state-wide system.

HR 464

Travel Lanes; alternative fueled vehicles; special license plates.

SB 116

Travel Lanes; central lanes for vehicle left turns; regulate use.

SB 121

Vehicle Dimensions; truck tractors-semitrailers; length; overhang.

SB 272

Vehicle Emergencies; require certain reflectors, roadway placement.

SB 394

Vehicles Using Electricity as Alternative Fuel; highway user fee.

SB 116

Vehicular Traffic Metropolitan Atlanta Areas; support transit needs.

SR 65

HILL, JOY; sang gospel music in Senate. ................................ Page 270

HILL, MATTHEW; elected Sergeant at Arms of Senate.

Page 9

HISTORIC SITES AND PRESERVATION Civil War Battlefields; issuance of commemorative license plates. Civil War Battlefields; issuance of commemorative license plates.
Civil War Commission; historic sites acquisition; special fund. Confederate Medal of Honor Recipient; William Thomas Overby Memorial
Parkway. Georgia Capitol Museum; renaming Museum of Science and Industry. Historic Landmarks; school facilities; state funds to renovate. Historic Preservation and Community Revitalization; study committee. Historic Preservation and Heritage Tourism; committee to study.

HB 104 HB 110 SB 178
SR 260 HB 308
SB 21 HR 425 SR 302

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INDEX

2521

HISTORIC SITES AND PRESERVATION (Continued) Official State Designation; Ralph Mark Gilbert Civil Rights Museum. Outdoor Lighting Applications; misdirected light interference. Stone Mountain Park; define purposes; use of revenue funds.

SB 366 SB 329 SB 367

HODGES, CECIL, REVEREND DR.; commend.

SR 79

HOGANSVILLE, CITY OF; Office of City Manager created.

HB 796

HOLTZ, HAROLD F.; commend.

SR 243

HOLTZ, HAROLD F., MUNICIPAL TRAINING INSTITUTE; designate; board

members. . . . .

........................

SB 94

HOME CARE SERVICE PROVIDERS; Senior Volunteer or Foster Grandparent

Programs; license exemption.

HB 830

HOME INSPECTORS; local governments authority to license. ............. HB 322

HOME REPAIR WORK; unlawful sales schemes; fraud or theft; penalties. HB 708

HOME SCHOOLS Joint Study Committee on Home Study Programs; create.

SR 4

HOMELESS PERSONS (Also See Indigent Persons) Georgia Network of Food Banks; tribute to staff and volunteers. Housing Needs; utilize youth job skills training program to build.

SR 327 SB 68

HOMERVILLE, CITY OF; Property Conveyance; Forestry Commission Property.

HR 271

HOMESTEAD EXEMPTION Applications; failure to file properly with county tax assessor. Atlanta; ad valorem school tax exemption; senior citizens. Atlanta, City of; ad valorem tax exemption; increase for elderly. Baldwin County; ad valorem tax exemption; leased homesteads. Banks County; ad valorem; increased exemptions; senior citizens. Barrow County; ad valorem; homestead exemption. Barrow County; ad valorem school taxes; exemption; age and income. Chamblee, City of; ad valorem tax exemption; elderly, disabled. Chatham County, Savannah School District; ad valorem tax exemption. Chattooga County; ad valorem school tax exemption; certain residents. Chattooga County; ad valorem school taxes; exempt elderly citizens. Cherokee County; ad valorem; exemption; HOST Tax revenue proceeds. Crisp County; ad valorem school taxes; exemption for elderly. DeKalb County; ad valorem exemption; HOST sales tax proceeds. Dooly County; ad valorem exemption; elderly citizens; referendum. Effingham County; ad valorem; exemption for senior citizens. Elbert County; ad valorem; exempt residents age 65 or over. Fulton County; ad valorem school tax exemption; senior citizens. Gwinnett County; ad valorem school tax; exempt elderly, disabled. Henry County; ad valorem exemption; elderly persons; referendum Henry County; ad valorem; increase homestead exemption to $15,000. Homestead Option Sales Tax; change certain limitations; exemption. Homestead Option Sales Tax; purposes; expenditure of proceeds. Murray County; ad valorem; exemption of $12,000.; senior citizens. Murray County; ad valorem tax exemption based upon income. Pickens County; ad valorem; exemption of $5,000; referendum. Pickens County; ad valorem school taxes; exemption of $5,000. Pickens County; ad valorem school taxes; senior citizen exemption.

HB 459 SB 286 HB 535 HB 785 HB 989 HB 984 HB 985 HB 252 HB 639 HB 838 HB 1009 HB 777 HB 1023 HB 61 HB 938 HB 925 SB 323 SB 285 SB 294 HB 975 HB 973 HB 165 HB 60 HB 1024 HB 1025 HB 855 HB 856 HB 854

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2522

JOURNAL OF THE SENATE

HOMESTEAD EXEMPTION (Continued) Richmond County; ad valorem; exemption for disabled residents. Stephens County; ad valorem tax exemption of $12,000.; referendum. Stephens County; ad valorem tax exemption of $4,000.; referendum.

SB 152 HB 412 HB 411

HOMICIDE Vehicular; victim's rights for a speedy trial.

. ................... SB 83

HOOD, MRS. EVELYN HAWKEVS; honoring.

SR 364

HOPE SCHOLARSHIP PROGRAM; Students Completing Education in a DCYS School; eligibility.

HB 939

HORTON, MRS. PEGGY A.; honoring.

........

.... SR 347

HOSPITALS (See Health Care Facilities or Health or Human Resources)

HOST, HOMESTEAD OPTION SALES TAX Change Certain Limitations and Applicable Food, Beverage exemption. Cherokee County; local referendum to implement retail sales tax. DeKalb County; exemption from ad valorem taxes using HOST proceeds. Purposes; fund capital outlay projects, services; ballot question. . .

HB 165 HB 777 HB 61 ... HB 60

HOTELS AND MOTELS Excise Tax Levy; cap aggregate amount of total sales taxes imposed. Excise Tax Levy of 7%; purpose; convention and conference center. Excise Tax Levy on Accommodations by Local Consolidated Governments. Excise Tax Levy; purpose; certain international trade center; museum. Excise Tax Levy; purpose; community auditorium or theater facility. Sales of Alcoholic Beverages; hotel in-room guest services.

HB 609 HB 425
HB 94 HB 706 HB 508 SB 144

HOUSE OF REPRESENTATIVES Bills for Revenue or Appropriate Money May Originate in Senate. Members; reapportion election districts. Senate Convened; notify House of Representatives. ......... . . .

SR 55 HB 958
SR 2

HOUSING (See Buildings and Housing)

HOUSTON COUNTY COMMISSION ON CHILDREN AND YOUTH

Create. ....... .......

.......................... ............... SB 373

HOWARD, LT. GOVERNOR PIERRE; birthday congratulations. ............ SR 139

HUCKABY, DOROTHY; University System Scholar; commend. ......... SR 421

HUDGINS, BENJAMIN; Eagle Scout; commend. ............. SR 341

HUDSON, AMANDA J.; University System Scholar; commend. .............. SR 419

HUGHES, CYNTHIA; University System Scholar; commend. ................ SR 420

HUGHES, PAMELA; commend.

SR 92

HUMAN RESOURCES (Also See Social Services or Health) Adopted Persons of a Deceased Biological Parent; release identity. Adoption; termination of parental rights; surrender forms; placement. Adoptions; hard-to-place children; financial assistance to families. Adoptions; locating absent parent through putative father registry. Adoptions; special needs children; financial assistance to families. AFDC Recipients; require name child's father on birth certificate. Aging Programs; Silver-Haired Legislature; meetings, funding. Aging Programs; Silver-Haired Legislature; tax refund donations.

SB 28 SB 27 HB 112 SB 28 SB 24 SB 195 SB 150 SB 151

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INDEX

2523

HUMAN RESOURCES (Continued)

Assisted Living; new category of facilities; licensing; regulation; apply

Medicaid payment waivers.

HB 287

Brook Run Mental Health Facility Serving Retarded Patients; commend

and urge continued funding.

HR 298

Central State Hospital; designating the William Crittenden Building.

HR 289

Child Care Facilities; shopping malls, office complexes; licensure.

SB 222

Child Day-Care Facilities Licensing; unlawful employ certain persons.

SB 176

Child Support; duties under Uniform Interstate Family Support Act.

HB 284

Child Support; out-of-wedlock births; Fatherhood Responsibility Act.

SB 58

Child Support Recovery; access to driver's license records.

HB 587

Child Welfare Agency Laws; health, safety regulations; violations.

SB 202

Children and Youth Services; compensate employee for certain damages.

HB 497

Children and Youth Services/DCYS; service contracts; private vendors.

HB 496

Community Services Block Grant Funds; distribution by contract.

HB 206

Department; adopt state-wide regulations; individual sewage systems.

SB 165

Department; conduct of state personnel in child related employment.

SB 33

Department; directing funds expended for teen pregnancy prevention

emphasizes abstinence from sexual activity.

HR 457

Department; licensee violations; enforcement by contempt action.

HB 295

Department; licensure of acupuncturists and detox specialists.

SB 65

Department; powers; health districts, mental health services.

SB 317

Deprived Children Placed in Foster Care; duration; periodic review.

HB 126

Financial Accounts for TANF Recipients; urge 2-year pilot project.

SR 49

Food Stamp Coupons; overissuances; withhold unemployment benefits.

SB 148

Foster Care and Adoption; re-creating committee to study.

SR 280

Foster Care Home Parents, Other Residents; criminal records check.

SB 244

Georgia TANF Public Assistance Program; rules, regulations.

SB 104

Medicaid; enrollment of independent diagnostic radiology services.

SB 238

Medicaid; expenditures for inpatient behavioral health services.

HB 465

Medicaid Fraud; efforts to control; commend Department of Audits.

SR 234

Medicaid Fraud Forfeiture Act of 1997; enact.

HB 377

Medicaid; health benefits; establish pilot program to reduce costs.

SB 260

Medicaid; providers committing certain offenses; deny participation.

SB 44

Medicaid Providers; refund of any prescription drug rebates.

HB 371

Medicaid; providers; unlawful acts and penalties; hearings, appeals.

SB 304

Medical Assistance Department; enrolling Medicaid recipients in HMOs.

SB 390

Medical Assistance Department; pharmacy program; unrestricted prescription

drug formulary.

SB 139

Mental Health; hospitals, regional boards; employee terminations.

SB 360

Pharmacy Practice Act and Third-party Prescription Program Law.

HB 330

Public Assistance; social assistance register of groups or individuals willing to

assist recipients.

. .......... SB 267

Public Assistance; teenage recipients; parenting education.

SB 41

Public Assistance; Temporary Assistance for Needy Families, TANF.

SB 104

Women's Health Care Issues Study Committee; create.

SR 340

HUNTER, LAN SCOTT; University System Scholar; commend. .............. SR 418

HUNTING (Also See Game and Fish) Licenses; suspension, deny for Child Support noncompliance.

HB 284

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2524

JOURNAL OF THE SENATE

HYPNOTHERAPIST LICENSURE ACT.

SB 345

IDENTIFICATION DOCUMENTS Applicant Social Security Number; prohibit use of; exception. Driver's License; applicant fingerprints; prohibit without consent. Electors Requesting to Vote; proper identification defined. Forgery; false ID documents; sales to a minor or illegal alien. ID Cards, Driver's License; repeal applicant fingerprint requirement. Identification Cards; persons without a license; records disclosure. Voter Identification; proper documents; present at polling place.

HB 574 SB 164 SB 273 SB 199
SB 2 HB 587
SB 43

IMMIGRANTS False ID Documents; unlawful possession; increased penalty to sell. Illegal Aliens Prohibited Employment on Public Works Projects. Medicaid or Other Social Services; TANF Act impact; study committee.

SB 199 SB 257 SR 219

IMPACT MINISTRIES, INC.; commend.

SR 295

INCOME TAX (Also See Revenue and Taxation)

Corporate Credit Card Data Processors; income apportionment method.

HB 424

Credit; caregiving expenses for a qualifying family member.

HB 517

Credit; purchasing, retrofitting home with accessibility features.

HB 417

Debtors Owing Money to Political Subdivisions; tax refund setoff.

HB 517

Deduction for Repaid Income; separate refundable tax credit.

HB 85

Electronic Transmissions; assessments; returns, payments, refunds.

HB 479

Employer Tax Credit; repeal provision relating to public assistance.

SB 104

Exclusion; partnerships distributions; eliminate withholding tax.

HB 241

Exemption; interest earned on a medical care savings account.

SB 279

Job Tax Credits; business eligibility; remove a restriction.

HB 378

Job Tax Credits; business expansion in certain areas; calculations.

HB 151

Job Tax Credits; telecommunication industries; businesses expanding research

and growth incentives.

HB 428

Refunds; contributions to Silver-Haired Legislature Special Fund.

SB 151

INDEMNIFICATION OF PUBLIC OFFICERS

State DOT Highway Employees Working Hazardous Conditions.

SB 117

State Highway Employees Killed or Permanently Disabled in Line of Duty;

amend Constitution. ................................................... SR 64

INDIAN HERITAGE AND CONCERNS Designate; Trail of Tears Highway; honoring the Cherokee Nation. Information Disclosure; Indian heritage of child's biological father.

HR 324 SB 27

INDIGENT PERSONS

Community Action Agencies; promote self-sufficiency; funding.

HB 206

Disadvantaged Youth; job skills training; construction trades.

SB 68

Georgia Network of Food Banks; tribute to staff and volunteers.

SR 327

Hospital Authorities; nonprofit corporations; indigent care reports.

HB 445

Immigrants and Migrant Workers; entitlement programs under the TANF Act;

committee to study. ................................................... SR 219

Impaired Indigent Persons Care; use of certain Community Trust funds.

HB 650

Insurers; discrimination against low income areas prohibited.

SB 45

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INDEX

2525

INDIGENT PERSONS (Continued) Public Assistance; Temporary Assistance for Needy Families Act. Social Assistance Register; persons willing to help DFACs recipients. Welfare Reform; concerns of Georgia Conference of Black Mayors.

SB 104 SB 267 SR 111

INDUSTRY, TRADE AND TOURISM
Aircraft Engine Remanufacturing Businesses; sales tax exemption. Business and Industry Recruitment; specific identity protected. Civic Center of a Consolidated Government; funding; excise taxes. Community Auditorium, Theater, Convention Facility; excise tax levy. Conference, Convention Center; local excise tax levy; conditions. Gaming Equipment Manufacturers, Processors; legal authority. . Industrial Heavy-duty Equipment Vehicles; ad valorem taxation. Industries; environmental improvements; waiver of certain fees. Natural Gas Competition and Deregulation Act; enact. Regional Development Centers; change boundaries; transfer Jasper
County to Northeast GA RDC. Regional Development Centers; change boundaries; transfer Pulaski
County to Middle Georgia RDC. Rural Transportation and Economic Development Council; activities. Tax Delinquent Properties; utilization for new industry and jobs.

HB 70 SB 12 HB 94 HB 508 HB 425 SB 14 HB 419 HB 520 SB 215
HR 398
HR 105 HB 621 SB 143

INITIATIVE PETITION

Process for People to Propose, Amend Laws in State-wide Referendums.

Process for the People to Enact or Reject Statutes and Amendments to

Constitution. . ......

.............

Process for the People to Propose, Amend, Enact or Reject Laws.

SR 8
SR 176 SR 146

INMATES (Also See Corrections or Jails or Probation)

Corrections Department; educational programs; re-employ teachers.

SB 156

Costs of Incarceration; reimbursement to state. ...................... .

SB 3

Crime Victim Compensation; redefine crimes; filing a claim.

SB 90

Criminal Restitution; damages arising out of a criminal act.

HB 399

Felony Criminal Offenders; not eligible parole or reduced sentence.

SB 4

Felony Criminal Offenders Shall Serve Full Sentence Without Parole.

SB 100

Juvenile Felons; Rehabilitation Training Camps; establishment.

SB 18

Juvenile Offenders; offense of escape.

SB 132

Juveniles; at-risk or delinquent; incarceration within Department of

Corrections; repeal provisions.

HB 438

Offenses Committed Within a State Corrections Facility; punishment. ....... SB 258

Pardons, Paroles; authority vested in General Assembly; abolish State Board

of Pardons and Paroles. ............................. . .

SR 215

Parole Considerations; citizen inquiries; electronic call system.

SB 23

Parolee Records of Felony Offenders; citizen electronic call system.

SB 242

Penal Labor; utilization by private prison management contractors.

SB 48

Prisoner Litigation; civil actions; appeals require an application.

SB 370

Prisons and Jails; cost analysis of construction costs. ...........

SR 172

Serious Violent Felony Offenders; ineligible parole, early release.

SB 162

Sex Offenders; child molesters; chemical treatment prior release.

HB 211

Sexually Violent Predators; state registration program. .............. . SB 105

INSURANCE Agencies; license requirements; applicant qualifications; sanctions. Contracts Between Companies; applicability of Arbitration Code. Drug Abuse Treatment Costs; actions against illegal drug marketers. Fraud Against Persons 60 Years of Age; increased penalties

HB 97 HB 745
SB 80 HB 233

Refer to numerical index for page numbers

2526

JOURNAL OF THE SENATE

INSURANCE (Continued) Fraud; false claims, statements to procure payment of benefits. Fraudulent Acts by Policyholder or Persons Taking Application. Health Care and Impact of Welfare Reform on Working Georgians; study. Health Care Costs; untreated alcoholics, addicts; study committee. Health; continuation of spousal coverage. Health; coverage; diabetes outpatient self-management services. Health; coverage for mental disorders; parity in treatment limits. Health; coverage; inpatient care; Mastectomy Patient Care Act. Health; coverage; portability; continuation; conform federal law. Health; coverage; postsurgical care; Appropriate Patient Care Act. Health; emergency conditions; payment for authorized services. Health; eye and vision care benefits; patient access to providers. Health; Georgia Health Insurance Assignment System, GHIAS; creation. Health; HMO's; covered medical treatment; patient receive services within certain time period. Health; individual medical care savings, higher deductible plans. Health Insurers; discriminatory acts; victims of violence or abuse. Health Insurers; funding teaching hospitals for medical education. Health Insurers; Women's Cancer Care Issues Study Committee. Health; legislative proposals mandating coverage; prerequisites. Health; managed care organizations; GHBAS Assignment System created. Health Plan Purchasing Cooperatives for Small Employers. Health; reports of disabled newborns; records of notifications. Health; services to enrollees; Managed Care Responsibility Act. Health; state plan; inclusion of county officers, employees and Sheriffs' Retirement Fund employees. HMOs; enrollment of Medicaid recipients; marketing contracts. Homeowners' Policy; mortgage escrow agreements; liability of lender for failing to pay premium on time. Indemnification of State Highway DOT Employees Killed or Disabled. Insurers Acquiring Investments; Investment Pool Act of 1997. Insurers; investment in foreign government bonds, securities. Insurers; liquidation proceedings, distribution of claims; surplus line insurers; Drug-Free Workplace premium discounts. Insurers; redlining or discrimination policies prohibited. Insurers; surplus line insurers; inapplicable provisions. Insurers; surplus line provisions; claims in insolvencies; surrendered life insurance; auto coverage. Liability; owner of land zoned commercial use; torts. Life; child support orders; amount of the premium. Life; replacement exceeding insurance surrendered. Medical Care Savings Account and Trust for Long-term Care Needs. Medical Reimbursement Claims Against an Insured; restrict setoffs. Medical Reimbursement Claims When Insured Compensated for All Damages; settlements; restrict setoffs. Motor Vehicle; actions for injuries; certain drivers denied damages. Motor Vehicle; collision damage waivers; rental vehicle agreements. Motor Vehicle; enforcement; study of Uninsured Motorists. Motor Vehicle; governmental ownership; damage liability insurance. Motor Vehicle; medical and funeral expenses caused by accident. Motor Vehicle; medical payments coverage; insureds and relatives. Motor Vehicle; prohibited cancellations, surcharges; no prior claims.
Refer to numerical index for page numbers

HB 493 HB 97 SR 395 SR 232 SB 320 SB 55 SB 245 SB 54 HB 654 SB 330 SB 209 SB 254 HB 654
HB 106 SB 279 SB 186 HR 249 SR 378 SB 207 HB 654
SB 93 SB 254 SB 211
SB 91 SB 390
HB 478 SB 117 HB 573 HB 355
HB 584 SB 45 SB 358
SB 356 SB 388 SB 231 SB 356 SB 163 SB 280
HB 553 SB 240 SB 167 SR 168 SB 42 SB 224 SB 356 SB 361

INDEX

2527

INSURANCE (Continued)

Motor Vehicles, Motorcycle Policies; grounds for cancellation or nonrenewal;

committee to study. ......

.......... ................. SR 273

Motor Vehicles Operated Without Consent of Insured; coverage.

SB 364

Pharmaceutical Plans; Third-party Prescription Program Law.

HB 330

Premium Taxes for Firemen's Pension Fund; clarify basis; refunds.

HB 333

Premium Taxes; use of proceeds by county governing authorities. .......... HB 492

Workers' Compensation; fraud investigations; hearings; servicing agents;

disability management specialists; benefits; billing errors. ............... HB 331

Workers' Compensation; Injury Trust Fund settlements; impact of ADA on

employers; joint committee to study.

................. SR 279

Workers' Compensation; insurers, self-insurer funds; complaints. ........ SB 376

Workers' Compensation; medical service provider billing errors.

SB 384

Workers' Compensation; medical service provider billing errors.

HB 331

Workers' Compensation; premium credit; Drug-Free Workplace Programs. HB 584

Workers' Compensation; premium discount; drug-free workplace credit. ...... SB 155

Workers' Compensation; self-insured employers; solvency; security.

SB 166

INTEREST RATES (See Banking or Commerce)

INTERNATIONAL LONGSHOREMEN'S ASSOCIATION; recognizing.

SR 314

INTERNET

Banking Department Rule-making Authority; on-line banking, ATMs. . . . . SB 154

Bulletin Boards, Web Sites, Home Pages Containing Materials

Deemed Harmful to Minors; prohibited advertising.

...... SB 312

Emerging Electronic Communications; exempt fees, taxes, assessments. . HR 366

INTERSTATE HIGHWAYS; State Developmental Highway Projects; revise; Delete Outer Perimeter.

SB 314

INVESTMENT POOL ACT OF 1997; enact.

HB 573

INVOLUNTARY SEPARATION RETIREMENT BENEFITS

State Commission to approve.

...

.............. SB 271

IRWIN COUNTY

Board of Commissioners; chairperson; salary.

........

Board of Commissioners; staggered elections. .................

Irwin County High School Wrestling Team; commend. ...........

HB 1011 HB 922 SR 299

ISAKSON, JOHNNY; State Education Board Chairman; introduced,

remarks .........

......

................ Page 189

JAILS, JAILERS

Municipal Correctional Officers; peace officer certification.

HB 791

Municipal Jails; funding for construction, operation, staffing; criminal or traffic

law penalties. ..........

................

........... SR 331

Prison and Jail Construction Cost Analysis; committee to study. ............ SR 172

Refer to numerical index for page numbers

2528

JOURNAL OF THE SENATE

JAMISON, YVONNE; commend. .......... ............................. SR 138

JASPER COUNTY Magistrate Court; chief magistrates; nonpartisan election. Office of Sheriff; vacancies; elections; chief deputy. Property Conveyance; utility line easement; Central Georgia EMC. Ratify Transfer From Middle GA RDC to Northeast GA RDC.

SB 235 HB 1061
SR 165 HR 398

JEFFERSON COUNTY STATE COURT; judge and solicitor; compensation. . HB 655

JENKINS, ANDREW STEVEN; claims against the state; compensate.

HR 21

JENKINS COUNTY DEVELOPMENT AUTHORITY; Membership; procedures.

HB 1052

JOBS TAX CREDIT BEST Act Incentives; telecommunication industries; businesses expanding research; fast-growth small companies. Business, Industry in Least Developed Counties; expand eligibility. Businesses Claiming Credit; basis to calculate new jobs created. Enterprise Zone Employment Act of 1997; revitalization incentives.

HB 428 HB 378 HB 151 HB 663

JOHNSON, BERTHA BOYKIN; condolences.

SR 392

JOHNSON, ED Court of Appeals Judge; administered oath to Senators

Page 8

JOINER, JENNA E.; University System Scholar; commend. ................. SR 413

JOINT COASTAL GROUND-WATER RESOURCES STUDY COMMITTEE

Creation.

HR 326

JOINT GEORGIA TRANSPORTATION STUDY COMMITTEE.

HR 464

JOINT STUDY COMMITTEE ON COMPREHENSIVE REVISION OF ELECTIONS CODE.

SR 249

JOINT STUDY COMMITTEE ON HISTORIC PRESERVATION.

HR 425

JOINT STUDY COMMITTEE ON PREVENTION, TREATMENT OF SUBSTANCE ABUSE.

SR 232

JONES, ALLISON M., YOUNG VOCALIST FROM AUGUSTA; commend. SR 173

JONES, CAPTAIN HENRY WILL; designate bridge in Lanier County. . . HR 288

JUDGES (Also See Courts) Alternative Dispute Resolution Programs; prerequisite to establish. Appellate Courts; senior judges and justices; compensation. ........... Court of Appeals; composition; four divisions with 13 judges. Juvenile Court; specialized training; matters of child protection. Municipal Court; designee to County and Municipal Probation Advisory Council. Probate; appointment of county administrators; certain counties. Receipt of Remuneration Pertaining to Criminal Cases; prohibitions. Review of Pretrial Proceedings in Death penalty cases. State and Federal Courts; authorize perform marriage ceremonies. Stone Mountain Judicial Circuit; superior court; tenth judgeship. . Superior Court; office of judge; employment, benefits of personnel. Supreme Court Justices and Appellate Judges; invite General Assembly.
Trial Courts; continuances; grounds; party presiding as a judge; maximum number of continuances.
Trial Judges; change mandatory retirement age from 70 to 75 years.

SB 133 . . SB 369
SB 78 SB 75
SB 69 SB 136 HB 105 HB 1013 HB 249 ... SB 77 HB 125 HR 13
SB 299 HB 348

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INDEX

2529

JUDGMENTS (Also See Liens or Property)

Appeals to Supreme Court and Court of Appeals in Certain Cases.

HB 291

Child Support; enforcement; statutes of limitation exclusion; continuing

garnishment for support of a family member.

HB 284

Damages Arising Out of a Criminal Act; criminal restitution.

HB 399

Insurers; medical reimbursement claims; settlement; restrict setoff.

HB 553

Insurers; medical reimbursement claims; third party settlements.

SB 280

Lien Actions; contracting parties with a contractor, subcontractor.

HB 298

Local Government Claims for Debts Owed; income tax refund setoff.

HB 517

Prisons; inmates; costs of incarceration; reimbursement to state. ............. SB 3

Property Subject to Garnishment; summons upon financial institutions.

HB 307

State Courts; orders for deferred partial payments on judgments.

SB 35

JUDICIAL CIRCUITS

Cobb Circuit; assistant DA, investigators; change number. .......... . . . . . HB 917

Cobb Circuit; district attorney and assistance; compensation.

.... HB 915

Cobb Circuit; senior assistant DA; appointment, salary. . ................ HB 916

Cobb Circuit; superior court; judges; salary supplement.

HB 432

District Attorneys' Offices; budgets, functions, personnel, salaries.

HB 124

Eastern Circuit; chief judge; salary supplement.

HB 1005

Griffin Circuit; judges; county salary supplements.

HB 963

Gwinnett Circuit; superior court; judges; salary supplement.

HB 503

Office of Senior Court Reporter; provide for.

SB 210

Pataula Circuit; judges; county salary supplements. ...................... HB 931

Stone Mountain Circuit; provide a tenth judgeship.

..........

. SB 77

Tallapoosa Circuit; juvenile court judge; salary; practice of law.

HB 1008

JURIES (Also See Courts) Jurors; grand, trial; compilation of jury lists; eligible citizens. Jurors; peremptory challenges; allow state same number as accused. Jurors; peremptory challenges; panels; misdemeanor, felony trials.

SB 253 SB 64 SB 114

JUVENILE JUSTICE ACT OF 1997; enact.

SB 132

JUVENILE JUSTICE DEPARTMENT AND BOARD; successor entity to Department of Children and Youth Services.

HB 622

JUVENILE PROCEEDINGS (Also See Courts or Minors or Children & Youth

Services)

At-risk or Delinquent Youth; incarceration within Department of Corrections;

repeal provision. . . . . ............ ................................... HB 438

Child Custody Disputes Alleging Abuse; juvenile court jurisdiction.

SB 74

Children and Youth Coordinating Council; commend.

SR 113

Children and Youth Services; compensate employee for certain damages.

HB 497

Children and Youth Services Department; name changed to Department of

Juvenile Justice; provide continuation of services.

HB 622

Children and Youth Services; law enforcement unit; peace officers.

HB 755

Children and Youth Services/DCYS; service contracts; private vendors.

HB 496

Children Placed State Custody; Juvenile Court ordered child support.

SB 334

Crime Prevention; after-school activity programs; grants.

SB 50

Delinquent or Unruly Children; foster care placement; duration; family

reunification plans. ................................................ HB 126

Guardians of Minors; dissolution of appointed temporary guardians.

SB 180

Juvenile Court Judges; required training; child protection matters.

SB 75

Juvenile Designated Felony Acts; additional offenses; conditions of bail, plea

negotiations, sentencing; records disclosure. ............ ......... . . SB 132

Juvenile Felons; Rehabilitation Training Camps; establishment.

SB 18

Refer to numerical index for page numbers

2530

JOURNAL OF THE SENATE

JUVENILE PROCEEDINGS (Continued)

Juvenile Felony Acts; court transmit record to school principals.

HB 180

Juvenile Felony Offenders; records disclosure; School Safety Act. ......

SB 161

Juvenile Felony Records; school administrators notify teachers. .......... HB 567

Juvenile Offenders; court supervision fees; child and parent liable.

... SB 132

Juvenile Supervision Fees May Be Used for Court Mediation Services.

SB 133

Juveniles; probation conditions; school attendance, passing grades.

. . . . . SB 106

Malicious Acts of a Minor; increase liability of parent or guardian. ...... HB 193

Malicious Damage to Another's Property; parent, guardian liability. .

. SB 89

Paternity Proceedings; legitimacy cases; records; adoption; support.

... SB 26

Records of Offenses Constituting a Felony; maintenance, inspection. ....... HB 506

Records; use in subsequent criminal proceedings as evidence.

. SB 157

Students Completing DCYS School; HOPE scholarship eligibility. .......... HB 939

K

KAUFMANN, JAMES A., M.D.; display portrait; Medical Aid Station at Capitol.

HR 47

KEE, CHAD B.; claims against the state; compensate.

. HR 145

KENNEDY, WILLIAM E. OF CLAXTON; tribute to.

SR 85

KENNESAW, CITY OF; Change Corporate Limits.

... HB 784

KENNESAW STATE UNIVERSITY Fighting Owls Baseball Team; commend. Lady Owls Softball Team; commend.

................. SR 71 SR 70

KESSLER, KATHLEEN; condolences. .

SR 381

KIKER, CHARLES W. JR. OF FANNIN COUNTY; condolences.

SR 385

KINGSTON, CONGRESSMAN JACK; introduced, remarks.

Page 537

KIRKLAND, THOMAS; designate bridge to honor; Coffee County.

SR 253

KIWANIS INTERNATIONAL AND KIWANIS YOUTH SAFETY WEEK

Commend.

............. SR 42

KNAPP, DR. CHARLES B.; commend.

SR 160

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security or Workers'

Compensation)

Code Revision; Title 34; correct errors and omissions. . . . . . ............... HB 123

Communities of Color or Inner City; prohibit insurers discriminate.

SB 45

Contractors, Subcontractors; contracting party payments; liens.

. HB 298

Department; assistance to employees displaced due to privatization. .... SB 262

Economic Security 2000; workers savings incentives; supporting.

SR 307

Employer, Employee Medical Care Savings Account Contributions. .......... SB 279

Employer Withholding Tax; filing, remitting payment electronically. .... HB 479

Refer to numerical index for page numbers

INDEX

2531

LABOR AND INDUSTRIAL RELATIONS (Continued) Employers; actions against employee; government agency proceedings. Employers Harmed by Illegally Marketed Drugs; drug dealer liability. Employers; medical care savings account program for employees. Health Insurance; portability of coverage; group continuation. Income Deduction Orders for Child Child Support; arrearages. Job Training Programs; coordination of state, federal funds; study. Job Training, Workforce Development; county and municipal projects. Labor Pools; change effective date, automatic repeal. Professional Employer Organizations; employee staffing; licensure. Unemployment; business incentives to reinvest, rehabilitate areas. Unemployment Compensation; succeeding employer contributions; benefits held for overissued food stamp coupons. Unemployment Compensation; weekly benefit amount; employer experience rated contribution rates. Unemployment Insurance; request state project to run own UI System. Unemployment Trust Fund; purposes; certain withdrawals. Wages; unclaimed payroll checks; disposition; revert to issuer. Workers' Compensation; certain sports officials not employees. Workers' Compensation; decisions of State Board; appeal procedure. Workers' Compensation; fraud investigations; hearings; third-party agents; rehabilitation suppliers; benefits; billing errors. Workers' Compensation; Injury Trust Fund; ADA impact on employers. Workers' Compensation; insureds with drug-free workplace programs. Workers' Compensation Insurers; complaints against; investigations. Workers' Compensation; medical service provider billing errors. Workers' Compensation; premium credit; Drug-Free Workplace Programs. Workers' Compensation; Self-insurers Guaranty Trust Fund. Workers' Compensation; state board decisions; appeals; time period.

SB 283 SB 80 SB 163 HB 654 HB 284 SR 339 SB 101 SB 148 SB 126 HB 663
SB 148
HB 460 SR 351 HB 213 SB 217 SB 263
SB 34
HB 331 SR 279 SB 155 SB 376 SB 384 HB 584 SB 166 SB 368

LAKES; West Point Lake water level problems; urge federal action.

SR 353

LAMUTT, MRS. CINDY; recognizing her courtesy.

SR 226

LAND BANK AUTHORITIES; creation by consolidated governments.

SB 143

LAND SURVEYORS; Damage Actions Alleging Professional Malpractice;

filing.

........................ .............................. SB 276

LAND USE PLANS (Also See Zoning and Local Government Intergovernmental Service Delivery Strategy and Zoning Procedures; cooperative agreements.

HB 489

LANDERS, L.G.; designate Memorial Bridge to honor; Austell.

SR 304

LANDFILLS (Also See Waste Management) Development; local sales tax imposed but not used; use of proceeds. Restrictions; asphalt shingles; locate near military bombing range. Solid Waste Disposal; contracts to sell, lease, manage; public hearings; tax, fee collections; scrap tires; deactivating authorities.

HB 228 HB 57
HB 612

LANDLORD AND TENANT; Commercial Real Estate Broker Commission Agreements.

HB 255

LANGFORD, ARTHUR; placement of portrait at State Capitol .............. SR 287

LANIER COUNTY; Designate; Captain Henry Will Jones Bridge; Alapha River.

HR 288

Refer to numerical index for page numbers

2532

JOURNAL OF THE SENATE

LAURENS COUNTY; Board of Education; nonpartisan election of members.

HB 1063

LAW ENFORCEMENT OFFICERS AND AGENCIES

Abandoned, Unattended Motor Vehicles; removal; disposition of fines.

SB 249

Arrest of a Peace Officer; required information on arrest affidavit.

HB 258

Bombs, Explosives Disposal; public safety personnel; actions without court

order. ............................................................ SB 227

Bombs, Explosives Disposal; technicians; rendering of outside aid.

SB 173

Centennial Park Bombing; commend law enforcement personnel response. SR 326

Criminal Arrest Records; rights of accused; criteria for expungement.

HB 183

Criminal Cases; prohibit remuneration pertaining to involvement in.

HB 105

Criminal Justice Coordinating Council; additional member.

HB 187

Department of Juvenile Justice and Board of Juvenile Justice.

HB 622

Disability Benefits Under Employees' Retirement System. ...... ........... SB 291

Drugs and Narcotics Agency; director, agents; retain weapon, badge.

HB 92

Duties; cases of abuse against vulnerable adults; arrests; training.

SB 159

Duties; Disabled Adults and Elder Persons Protection Act.

SB 127

Emergency Nonconsensual Medical Treatment; apparent suicide attempt.

SB 36

Emergency Telephone Number 911; duties of public safety responders.

SB 379

Emergency Telephone 911 System Funds; authorized disbursements.

SB 237

Emergency 911 Telephone Systems Funding; committee to study.

SR 53

Emergency 911 Telephone Systems; performance reports; inspection.

HB 278

Enforcement Powers, Duties Under Georgia Pharmacy Practice Act.

HB 330

Firearms; issuance of licenses; former law enforcement officers.

SB 247

Fraud Investigators of State Board of Workers' Compensation; powers.

HB 331

GBI; evidence testing; Georgia Forensic Sciences Act of 1997; enact.

HB 557

GBI; registration of sexually violent predators; GCIC records.

SB 105

GCIC Criminal Records; firearms dealer inquiries; telephone service operational

hours.

.............................................. HB 447

GCIC Criminal Records; firearms dealer telephone service hours.

HB 290

Hate Crimes; condemning acts; urge effective law enforcement.

SR 313

Law Libraries; maintain codification of county ordinances; funding.

SB 134

Missing Persons Investigations; locating persons having illnesses involving

dementia or Alzheimers. .......................................... HB 326

Notification of Death of Person in Another Person's Care.

HB 651

Officers; engaging in political activities; rights; prohibitions.

SB 53

Peace Officer Certification; municipal correctional officers; administrative

investigators. ............................ .

............. HB 791

Peace Officers; Children & Youth Services law enforcement unit.

HB 755

Peace Officers; indictment for a crime; procedures; rights.

SB 140

Peace Officers Standards and Training Council; transfer of powers.

HB 673

Peace Officers; state and local; training; appropriation of funds.

SB 200

Public Safety Department; discipline and dismissal procedures.

SB 141

Public Safety Training Center; transfer of certain powers, duties.

HB 673

Radar Speed Detection Devices; permit approval; certified officers.

HB 398

Radar Speed Detection Devices; permit conditions; regulate use.

HB 190

Records of Juvenile Offenses Constituting a Felony; maintenance of.

HB 506

Retirement After Age 55; repeal mandatory age for certain personnel.

HB 380

School Security Personnel; authority to carry firearm or weapon.

HB 383

Seizure of Driver's License of Person Under Age 21 Presenting Falsified ID

to Purchase Alcohol.

................................. . . .

HB 250

Seizure of Property; powers under Medicaid Fraud Forfeiture Act.

HB 377

Seizure of Vehicles Used in Soliciting Prostitution. .............. ......... SB 158

Refer to numerical index for page numbers

INDEX

2533

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Sex Crime Offenders; duties of sheriffs, police chiefs. Sex Offenders Convicted Other States; registration in Georgia. Sheriff Offices' Nomenclature Act of 1997; enact public policy. Sheriffs; annual training requirements; new sheriffs training. Sheriffs; qualifications for office; mandatory drug test; training. Sheriffs Retirement Fund; employee health insurance. Training; police chiefs, department heads, prison wardens. Training; police officers and law enforcement support personnel.

SB 375 SB 39 HB 289 HB 397 SB 142 SB 91 HB 288 HB 673

LAW LIBRARIES Duties; maintain county ordinances; excess funds usage; trustees. Maintain codification of county ordinances; funding.

HB 54 SB 134

LEARNFARE PROGRAM; teenage recipients of TANF; school attendance.

SB 104

LEASES Real Estate Brokerage Commission Agreements; contractural rights. Used Motor Vehicle Dealers; security interest; disclose to lessee.

HB 255 SB 196

LEE COUNTY; Water and Sewer Service; private franchises.

HB 1037

LEE, VICKI; commend. .................................................. SR 323

LEE, WILLIAM E. AND ALDENE W.; Claims Against the State;

LEGAL ADVERTISING; official journal or newspaper; qualifications.

HB 152

LEGAL DEFENSE OF LNDIGENTS

Charitable Organizations Providing Legal Representation; grants.

HB 54

Georgia Indigent Defense Council; membership on Criminal Justice

Coordinating Council. ................................................ HB 187

LEGRANDE, JOHN ERNEST; commend.

SR 156

LIBERTY COUNTY Georgia Coastal Zones Management Act; enact. Magistrate Court; ratify judicial actions State Court; judge, solicitor; annual salary.

HB 167 HB 892 HB 598

LIBRARIES, LIBRARIANS Information Technology Relating to Technical Institutes and Public Libraries Study Committee. Law Libraries; maintain codification of county ordinances; funding. Materials Deemed Harmful to Minors; restrict computer access to. Public or School; restrict access by minors to harmful materials.

SR 334 SB 134 SB 312
SB 40

LICENSE PLATES (Also See Motor Vehicles)

Automobile Registration, Taxation; joint committee to study.

SR 271

Automobiles Registration and Taxation; committee to study.

SR 272

Certificate of Titles; pledged in vehicle title pawn transactions.

SB 239

Display on both front and rear of vehicles after January 1, 2002.

SB 363

Issuance to Owner; transfer between vehicles; registration period.

HB 205

Plates and Decals; issuance to owners; transfer between vehicles.

SB 115

Special; alternative fueled vehicles; designated travel lanes.

SB 116

Special; Civil War historic sites license plate. ............................. SB 178

Special; commemorative plates; vendor sales; electronic transactions.

HB 487

Special; disabled veterans; free for vehicle and motorcycle.

HB 104

Refer to numerical index for page numbers

2534

JOURNAL OF THE SENATE

LICENSE PLATES (Continued) Special; issuance; Civil War Battlefields and Historic Sites. Special; issuance; "Square and Round Dancers". Special; issuance; standardize process; use of vehicle dealership number; veteran's plates; special issues. Special; issuance; support U.S. Disabled Athletes Fund. Special; issuance; "Supporting Public Schools". Special; issuance; supporting Shrine Hospitals for Children. Special; issuance to owner; transfer of plates between vehicles. Special; promote recycling; fees dedicated solid waste trust fund. Special; retention by retired U.S. military reservists. Special; Shrine Hospitals for Children; Civil War Battlefields. Special; veterans who survived Pearl Harbor; spouse's vehicle. Tag Fees; proceeds not paid into general fund; amend Constitution. Tag Purchases; proof of insurance; study of uninsured motorists. Vehicle Certificate of Title; joint interest; surviving owners. Vehicle Tags, Titles; decentralize functions; electronic signatures; vendors sell commemorative plates.
LIENS Abandoned Motor Vehicles; removal, storage costs; foreclosure. Contracts Between Party Claiming Lien and Contractor, Subcontractors. Judgment of Forfeiture; Medicaid Fraud Forfeiture Act of 1997. Levy Upon Property to Satisfy Unpaid Child Support. Mechanics' and Materialmen's; building supplies may be subject to. Mortgages; realty as security; home equity lines of credit. Motor Vehicle Certificate of Title; functions of county tag agents. Motor Vehicle Repairs; disputed transactions. Property; cost to state for correcting hazardous material releases. Property Records Indexes and Real Estate Data; uniform format. Real Property; nonconforming liens; definition.
LIEUTENANT GOVERNOR Compensation of the; place authority in a citizens commission. Pierre Howard; birthday congratulations.
LIFE COLLEGE'S MENS TRACK AND FIELD TEAM; commend.
LIFE UNIVERSITY'S MEN'S BASKETBALL TEAM AND COACH; Commend.
LIMITED LIABILITY PARTNERSHIPS Requirements to become or continue.
LIMOUSINE CARRIER SERVICES; Regulations; permits; eligibility; chauffeurs; safety; licenses.
LINCOLN COUNTY Board of Commissioners; staggered terms; meetings. Board of Education; staggered terms of office. Lincoln County Recreation Authority Act.
LISTER, HOVIE, STATESMEN QUARTET; commend.
LITTER Beverage Container Recycling and Litter Reduction Incentives. Littering; definition includes cigarette butts and chewing gum.
Refer to numerical index for page numbers

HB 104 HB 104
HB 104 HB 499 HB 104 HB 104 HB 205
SB 63 SB 198 HB 110 HB 869 SR 132 SR 168 HB 387
HB 487
SB 249 HB 298 HB 377 HB 284 HB 322 SB 175 HB 487 SB 225 HB 470 HB 524 HB 533
HR 296 SR 139
SR 372
SR 449
HB 349
SB 310
HB 675 SB 396 HB 903
SR 440
SB 191 HB 248

INDEX

2535

LOANS; Handguns; transfer as collateral; Brady Law Regulations.

HB 447

LOBBYISTS, REGISTERED AGENTS

Ethics; General Assembly members prohibited accept goods, services.

SB 177

Georgia Commission on Women; acting official capacity not lobbying.

HB 761

Senate Rules; prohibit Senators accept lodging paid by lobbyist. ............. SR 1

LOCAL GOVERNMENT (Also See Counties or Municipalities)

Acts of General Assembly Affecting Revenues; effective date; notice.

HB 188

Ad Valorem; delinquent properties; collection by tax executions.

SB 270

Ad Valorem; exemption; applicability to homestead, inventory, public property;

county tax digest deadlines. . ......

...........

HB 459

Ad Valorem; exemption; certain enterprise zone business property.

HB 663

Ad Valorem; homestead option sales tax; capital outlay projects.

HB 60

Ad Valorem; homestead options sales tax; change limitations.

HB 165

Alcoholic Beverage Sales; minimum distance from churches, schools.

SB 298

Alcoholic Beverages; distilled spirits; dealer licenses; residency.

SB 111

Alcoholic Beverages; farm winery sales; brewery tours; brewpub sales.

HB 834

Alcoholic Beverages; new retail liquor store location; restrictions.

HB 500

Annexation of Commercial Property by a Municipality; requirements.

SB 251

Authorities for Residential Care for the Elderly; additional powers.

HB 297

Boards of Health; licensee violations; enforcement; contempt action.

HB 295

Bond Elections; date of November general election; exception.

SB 256

Bond Issuance Practices, Procedures; committee to study.

SR 290

Building Permits for Residential Improvements; information required; licensing

of home inspectors. ..............................

HB 322

Coastal Zones Management Act; enact; land, water user policies.

HB 167

Counties; appointment of county administrator by Probate Court.

HB 245

Counties; appropriations of lottery proceeds; limit annual amount.

SB 333

Counties; Capitol Felony Expense Act.

......... ................. SB 56

Counties; employment benefits; prohibit in lieu cash compensation.

SB 32

Counties; insurance premium taxes; expenditure of proceeds.

HB 492

Counties, Municipalities; intergovernmental agreements; coordinated planning

of services; requirement for state grants, loans. ........................ HB 489

Counties of 180,000 or More; county administrators; appointment.

SB 136

Counties; tag agents; vehicle registration for plates, titles. ................ HB 487

County Boundary Lines; petitions to change; procedures.

SB 380

County Documents and Court Records; storage facilities; location.

SB 324

County Fund for Administration of Alternative Dispute Resolution Programs;

board of trustees; powers, duties; secretary-treasurer.

SB 133

County Law Libraries; excess funds; maintain ordinance code; trustees.

HB 54

County Law Libraries; funding; maintain ordinance code; trustees.

SB 134

County, Municipal; contracts; grants; job training program funding. ......... SB 101

County Officers, Employees; state employees' health insurance plan.

SB 91

Debt Collection; judgments for money due; income tax refund setoff.

HB 517

Disability Commissions; establish; coordinate programs for disabled. ........ SB 383

Drinking Water Regulations; compliance; private owned public systems.

SB 252

Elections Laws; comprehensive revision; committee to study.

SR 249

Emergencies Involving Disposal of Explosives; mutual aid agreements.

SB 173

Emergency Telephone 911 System Funds; authorized disbursements.

SB 237

Emergency 911 Telephone Systems Funding; committee to study.

SR 53

Enterprise Zone Employment Act of 1997; enact.

HB 663

Excise Tax, Hotel-Motel; authority; community auditorium or theater.

HB 508

Excise Tax, Hotel-Motel; authority; convention and conference center.

HB 425

Excise Tax, Hotel-Motel; exemptions; cap aggregate tax rate at 13%.

HB 609

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2536

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued)

Excise Tax, Hotel-Motel; levy by consolidated governments; projects.

HB 94

Excise Taxes Funding Certain Public Facilities; moratorium on sewer

connections not applicable.

SB 19

Excise Taxes on Rental Vehicles; funded projects; sewer connections.

HB 528

Farm Winery Sales; designation of special entertainment districts.

HB 834

Fines Relating to Abandoned Motor Vehicles; disposition of moneys.

SB 249

Firefighters; expand membership eligibility; Firemen's Pension Fund.

SB 128

Ground-Water Management Areas; permitted users; reports; assistance.

HB 528

Historic Preservation and Community Revitalization; study committee.

HR 425

Intangible Recording or Real Estate Transfer Taxes; distribution.

HB 84

Judicial Circuits; Office of District Attorney; personnel.

HB 124

Land Bank Authorities; creation by consolidated governments.

SB 143

Legal Advertising of Judicial Sales; qualifying official newspaper.

HB 152

Local Authorities; bonds and financing; prohibited activities.

HB 803

Local School Superintendents; provide for election of.

SR 76

Metropolitan Area Planning & Development Commission;

mayoral members.

HB 208

Motor Vehicles; insurance to cover liability for damages.

SB 42

Motor Vehicles Purchased Public Funds; visible identifying markings.

HB 624

Motor Vehicles Purchased With Public Funds; identifying markings.

SB 349

Municipal Corporate Limits; annexation or deannexation methods.

HB 217

Municipal Election Districts; reapportionment; additional changes.

SB 113

Municipal Elections; notice of candidacy; change filing day.

SB 112

Municipal Elections; qualifying period; designate number of days.

HB 19

Municipal Elections; terms of office; change to 4 years.

HB 309

Municipal Solid Waste Disposal; long-term reduction goals.

SB 98

Municipal Training Institute; change name; add members to board.

SB 94

Municipalities; noncompetitive acts against service providers.

SB 343

Municipalities; water or sewer systems; contract with private firms.

SB 318

Outdoor Lighting; advertising signs, luminairies; regulate use of.

SB 329

Political Subdivisions; effect of Natural Gas Deregulation.

SB 215

Property Tax Equity; local taxing jurisdictions; study committee.

SR 274

Property Taxes; equity in taxation; joint committee to study.

SR 275

Public Office; persons ineligible to hold; defaulting taxpayer.

SR 6

Public Records; bank accounts, investment trades; restrict access.

HB 558

Public Works Contracts; bids; requirements; emergency situations.

SB 229

Public Works Projects; contractors; prohibit employ illegal aliens.

SB 257

Regional Development Centers; change boundaries; transfer of Jasper

County to Northeast GA RDC.

HR 398

Regional Development Centers; change boundaries; transfer of Pulaski County

to Middle Ga RDC.

HR 105

Regional Development Centers; creation of for-profit corporations.

SB 389

Regional Housing Authorities; commissioners representing each county.

HB 583

Reporting Data on Finances and Service Delivery and Operations.

HB 491

Rewards for Apprehension of Felony Criminals; authorized amounts.

HB 719

Rock Quarrying Activities Near Populated Areas; urge review.

SR 389

Sales Tax Levy; implement, change provisions; applicable exemptions.

HB 165

Sales Tax; special county 1%; imposition procedure; notify municipal

officials. ................................................

HB 490

Sales Tax; special county 1%; purposes; expenditure of proceeds.

HB 531

Sales Tax; special county 1%; termination date. ........................... HB 15

Sales Tax; special purpose county; landfill project not feasible.

HB 228

Sewage Treatment; on-site systems, septic tanks; regulations.

SB 165

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INDEX

2537

LOCAL GOVERNMENT (Continued) Speed Detection; radar use; operation by a certified peace officer. Speed Detection; radar use permits; employ certified peace officer. Tax Delinquent Properties; powers of consolidated governments. Vehicle License, Registration Fees; prorations; amend Constitution. Volunteer Fire Departments Consolidating Into Nonprofit Corporation. Waste Management Authorities; deactivation; disposal facility sites. Waste Management; deactivate authorities; hearings prior entering into a contract; expansion permits; tax, fee collections. Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager; return of certain fines paid. Zoning; restrictions; location of adult bookstores or movie houses.

HB 398 HB 190 SB 143 SR 132
SB 30 HB 219
HB 612
SB 319 SB 62

LOGAN, HUGH L. Designate highway interchange; Athens-Clarke County. Designate highway interchange for in Athens-Clarke County.

SR 9 HR 49

LOGANVILLE MIDDLE SCHOOL BAND; commend.

SR 80

LONG COUNTY; Georgia Coastal Zones Management Act; enact.

HB 167

LOTTERY FOR EDUCATION ACT Funds for Scholarships or Grants; eligibility of students completing Department of Children and Youth Services school. Gaming Equipment Manufacturers, Processors; legal authority. Georgia Lottery Corporation; employee retirement membership option. Proceeds from Ticket Sales; limit amount each county entitled. Public Education Reform Act of 1997; funding from lottery revenue.

HB 939 SB 14 SB 290 SB 333 SB 387

LOVELL, VIRGIL L., SR.; designate Lovell-Wikle Scenic Highway to honor. ..... .............................. ........................... SR 214

LOWNDES COUNTY; Board of Commissioners; election districts.

HB 1030

LOWNDES COUNTY SCHOOL DISTRICT; commend.

SR 19

LUCAS, AMY SUZANNE; University System Scholar; commend.

SR 401

LYNCH, EDWARD; commend.

SR 393

M
MACON, CITY OF Board of Health; repeal local constitutional amendment. Macon-Bibb County Citizens, Taste of Macon Day; welcoming. Macon-Bibb County Industrial Authority; projects; site development.
MACON COUNTY Magistrate Court; chief magistrate appointment. Property Conveyance; electrical line easement; Georgia Transmission Corporation.
Refer to numerical index for page numbers

HB 732 SR 136 HB 710
HB 1012
SR 165

2538

JOURNAL OF THE SENATE

MACON COUNTY HIGH SCHOOL FOOTBALL TEAM; commend.

SR 61

MADISON, CITY OF Designate; Brooks Pennington Memorial Parkway; Hwy 441. Designation; Georgia's Treasures Along 20 Trail.

HR 382 HR 258

MADISON COUNTY

Board of Commissioners; meetings; voting; office hours; vehicles.

. . . . . HB 990

County Employees; eliminate mandatory retirement. .................. HB 1017

MAGISTRATE COURTS

Civil Actions; fees to fund Alternative Dispute Resolution Programs.

SB 133

Civil Claims; monetary jurisdiction; increase amount to $15,000. ......... SB 325

Criminal Cases; impose fine; fund crime victim assistance program.

HB 324

Training Council; members; nonlawyer representation before court.

SB 313

MAHON, MICHAEL, EAGLE SCOUT; commend.

SR 342

MALCOLM, KRISTY; commend.

SR 93

MALPRACTICE (See Medical Malpractice or Physicians)

MANAGED CARE RESPONSIBILITY ACT OF 1997.

SB 211

MANDATES UPON STATE AND LOCAL GOVERNMENTS Air Quality; ozone standards; urge U.S. EPA refrain new changes. ....... Health Insurance Benefit Bills; prerequisite for introduction.

SR 278 SB 207

MANSLAUGHTER Convicted Persons Prohibited Employment at Child Care Facilities. Juvenile Offenders Age 13 to 17; designated felony provisions.

SB 176 SB 132

MANUFACTURERS

Aircraft Engine Remanufacturing Equipment; sales tax exemption.

HB 70

Articles of Bedding; repeal OCGA Title 31, Chapter 25 relating to.

HB 127

Beverage Container Requirements; refundable value for redemption.

SB 191

Distribution of a Controlled Drug Requires Annual Registration.

SB 208

Gaming Equipment; jurisdictions where legal sell, transport,

.... SB 14

Health Care Products; urge FDA correct regulatory delays.

SR 194

Income Tax Credit; claims for creating new jobs; calculation basis.

HB 151

Income Taxes; job tax credit; telecommunications; research expenditures; small

companies growth incentives. ............... ................

HB 428

Pharmaceuticals; wholesalers, distributors; revise laws regulating. ......... HB 330

Pharmaceutics; prescription drugs; Medicaid providers refund rebates.

HB 371

Sales Tax Exemptions; machinery components; air quality equipment.

HB 490

Scrap Tires; generator of materials; cost of cleanup; exception.

HB 612

MAPS, PLATS; Georgia Coordinate System; County Boundary Lines; petitions to change; procedures.

SB 380

MARIETTA, CITY OF

Designate; Martin Luther King, Jr. Memorial Highway on 120 Loop.

SR 63

Designation to Honor Harold S. Willingham; portion 120 Loop.

SR 236

Metropolitan Atlanta Areas; transit needs; alternatives; supporting. ......... SR 65

Supporting Commuter Rail Service Development on Existing CSX tracks.

SR 62

MARIJUANA Felony Drug Conviction; prohibit grant license to carry a pistol. Penalty for Possession of One Ounce or Less is a Misdemeanor.

...... SB 350 ... HB 347

MARITIME HEAVY-DUTY EQUIPMENT VEHICLES

Ad Valorem Taxation. ...............

..........

HB 419

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INDEX

2539

MARITIME TRADE CENTER Authority; membership; executive director, Georgia Ports Authority. Authorize Levy of a Hotel-Motel Excise Tax to Support; conditions.

HB 778 HB 706

MARKET BASED MEDICAID REFORM ACT.

SB 260

MARRIAGE Divorce; grounds; counseling; 'children first rule'. Licenses and Ceremonies; vital records information; federal judges may
perform ceremonies. Marriage Ceremonies; state, federal court judges may perform.

SB 309
HB 689 HB 249

MARRIAGE AND FAMILY THERAPISTS (See Professions or Therapists)

MARTA Board of Directors; terms; appointments; spouses ineligible. Olympic Games Spectator Transportation System; commend performance.

SB 315 HR 492

MARTIN LUTHER KING, JR.; designate Memorial Highway to honor; Marietta.

SR 63

MASCOLO, JOSEPH; commend.

SR 218

MASSAGE THERAPISTS, MASSEURS; create state licensing board.

SB 300

MASTECTOMY PATIENT CARE ACT; health insurers required coverage.

SB 54

MAXWELL, CHERYL S.; University System Scholar; commend.

SR 411

MAY, AMY RENEE; University System Scholar; commend. .................. SR 417

MCDONALD, LAUREN 'BUBBA'; designate Parkway at Commerce to honor.

SR 214

MCDOWELL, NANCY AND DREW; commend.

SR 257

MCDUFFIE COUNTY Board of Education; compensation. Property Conveyance; grant easement for water distribution line.

HB 640 SR 164

MCFARLEV, CRYSTAL; commend.

SR 103

MCGRATH, JEFF; patriotic songs to Senate.

Page 256

MCEVTOSH COUNTY Board of Commissioners; new election districts; comply court order. Georgia Coastal Zones Management Act; enact. Motor Vehicle Registration; nonstaggered period.

HB 643 HB 167 HB 879

MCENTYRE, TOWN OF Organization; election districts; corporate limits.

HB 878

MCKENZIE, L.H. "BUD", FORMER SENATOR; introduced, remarks

Page 99

MCKINNEY, HONORABLE CYNTHIA ANN; commend.

SR 224

MCMICHAEL, ROBERT H. AND U.S. MARSHALS Recognize.

SR 281

MEDICAID (Also See Public Assistance) Fraud; efforts to control; commend Department of Audits. Funding Teaching Hospitals for Medical Education; reimbursement. Impact of TANF Act on Immigrants and Migrants; study committee. Long-term Care Facilities; reuse of prescribed but unused drugs. Market Based Reform Act; patient incentives; reduce costs. Medicaid Fraud Forfeiture Act of 1997; enact.

SR 234 HR 249 SR 219 HB 273 SB 260 HB 377

Refer to numerical index for page numbers

2540

JOURNAL OF THE SENATE

MEDICAID (Continued) Patients; prescription drugs; change prior approval, restrictions. Providers Committing Certain Offenses; bar to participation. Providers; fraud or misrepresentation; penalties; hearings; appeals. Providers; refund of any prescription drug rebates. Recipients; enrollment in HMOs; marketing contracts. Reimbursement; clinical social workers for nursing homes. Reimbursement; independent diagnostic radiology services. Reimbursement; inpatient care for mental diseases. Study Committee on Appropriate Medicaid Reform.

SB 139 SB 44 SB 304 HB 371 SB 390 SB 308 SB 238 HB 465 SR 371

MEDICAL CARE SAVINGS ACCOUNT AND TRUST ACT.

SB 163, SB 279

MEDICAL CONSENT LAW Abortion, Sterilization Procedures; Woman's Right to Know Act. Abortion; Woman's Right to Know Act. Attempted Suicide; emergency nonconsensual medical treatment.

SB 216 SB 153
SB 36

MEDICAL EDUCATION Consolidated Board for Primary Care Medical Education; create. Graduate Medical Education Funding; commission to study.

SB 391 HR 249

MEDICAL EXAMINERS, CORONERS, AUTOPSIES (Also See Public Officers)

Georgia Forensic Sciences Act of 1997; enact.

HB 557

Notification of Deceased Persons; failure to give notice penalty.

HB 651

MEDICAL MALPRACTICE; actions alleging professional misconduct.

SB 276

MEDICAL PRACTICE (Also See Physicians or Professions)

Abortion; physician must provide female certain medical facts.

SB 153

Abortion; prohibited procedure; partial-birth abortion method.

SB 123

Abortion, Sterilization Procedures; Woman's Right to Know Act.

SB 216

Abortion; unlawful procedure; partial-birth abortion method.

SB 348

Abortion; unlawful procedure; partial-birth abortion method.

SB 357

Acupuncturists; licensure; registration of non-physicians.

SB 65

Ambulance Service Providers; compliance with EMSC Program.

HB 277

Chiropractors; determination of treatment needs; patient referrals.

SB 214

Chiropractors; scope of practice; definition of 'adjustments'.

SB 278

Drugs Used for Adverse Reaction to Vaccines; authority to possess.

SB 20

Emergency Nonconsensual Medical Treatment for Attempted Suicide.

SB 36

Georgia Physical Therapy Act; change provisions.

SB 228

Graduate Medical Education Teaching Hospitals; funding; study of.

HR 249

Hospital Staff Privileges; podiatrists, osteopaths, dentists.

SB 138

Hospital Staff Privileges; psychologists, podiatrists, osteopaths, dentists.

SB 219

Incapacitated Adult Temporarily Out of State; emergency evaluation.

SB 37

Insurance; health; Managed Care Responsibility Act of 1997.

SB 211

Medicaid Health Providers; medical assistance copayment program.

SB 260

Medicaid; long-term care facilities; reuse of prescribed but unused unit dosage

drugs for a resident.

. .............. ..................... . . HB 273

Medicaid Patients; change restrictions on prescription drugs.

SB 139

Medicaid Providers Committing Certain Offenses; bar participation.

SB 44

Medicaid Providers Convicted of Fraud; forfeiture of property.

HB 377

Medicaid Providers; obtaining payment by fraud or misrepresentation.

SB 304

Medicaid Providers; refund of any prescription drug rebates.

HB 371

Medical Care Savings Account and Trust for Long-term Care Needs.

SB 163

Medical Care Savings Accounts for Health Care Expenditures.

SB 279

Medical Reports; admissibility in civil cases.

HB 325

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INDEX

2541

MEDICAL PRACTICE (Continued) Mental Disorders; prohibit health insurers impose treatment limits. Nonprofit Hospital Authorities; conflicts of interest; charity care. Nurses, Registered Professional; display 'R.N.' title on name tag. Ophthalmologists, Optometrists; Patient Access to Eye Care Act. Ophthalmologists; treatment of diabetic eye disease; commend. Patient Medical Treatment Under HMO Plans; time period to receive. Pharmaceuticals; dispensing of drugs; Georgia Pharmacy Practice Act. Physician's Assistants; licensing. .................................... Physicians; conditional use of experimental drugs and devices. Physicians; unconventional or experimental medical practices. Psychologists; good faith actions as supervisor; liability immunity. Radiology; independent diagnostic services; Medicaid enrollment. Respiratory Care Professionals; continuing education requirements State Board of Medical Examiners; geographic representation. Surgical Procedures; length of inpatient care; physician determines. Telemedicine; out-of-state, foreign practitioners; licensure. Urge PDA Correct Regulatory Delays to New Medical Technology. Welfare and Health Care Reforms; committee to study impact. Women's Cancer Care Issues Study Committee. Women's Health Care Issues Study Committee. Workers' Compensation; billing errors for covered treatment. Workers' Compensation; erroneous billing for covered treatment.
MENTAL HEALTH Brook Run Facility Campus; proposed closing; study usage and disposition of property. Brook Run Mental Health Facility; commend; urge continued funding. Children Placed State Custody; Juvenile Court ordered child support. Clinical Social Workers; Medicaid enrollment and reimbursement. Community Mental Health Services; define service area boundaries. DHR Mental Health Hospitals, Regional Boards; terminated personnel. Disabled Adults and Elder Persons; protective services. Emergency Receiving Facilities; involuntary treatment evaluations. Employees of Community Boards, State Agencies; licensing exception. Employees of State Agencies, Departments; licensing exception. Guardianship Statutes; re-create Joint Rewrite Committee. Guardianships; incapacitated adults; evaluation of a proposed ward. Guardianships; incapacitated adults; evaluation of proposed ward. Guardianships of Incapacitated Adults; protection of ward's rights. Health Care Provider Psychologists; medical staff privileges; orders. Health Insurance Coverage; prohibit impose treatment limits. Illnesses; dementia or Alzheimers; missing persons investigations. Incapacitated Adults; emergency guardians; out of state evaluation. Institutions for Inpatient Care; Medicaid reimbursement. Physically, Mentally Impaired Vulnerable Adults; cases of abuse. Respite Care for Mentally Retarded Persons; revise certain terms.
MERIT SYSTEM Employees; Public Safety Department; discipline procedures. Personnel; DHR Division of Mental Health; employee terminations. Personnel; dismissal of permanent status employees; procedures.

SB 245 HB 445 HB 841 SB 254 SR 202 HB 106 HB 330 HB 238 SB 341 SB 307 HB 274 SB 238 HB 138 HB 238 SB 330 SB 107 SR 194 SR 395 SR 378 SR 340 HB 331 SB 384
SR 167 HR 298 SB 334 SB 308 SB 317 SB 360 SB 127
SB 99 HB 96 HB 416 SR 73 SB 179 SB 182 SB 181 SB 219 SB 245 HB 326 SB 37 HB 465 SB 159 HB 287
SB 141 SB 360 SB 33

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2542

JOURNAL OF THE SENATE

MERIT SYSTEM (Continued) Personnel; reduction in force terminations; notice requirements. State Personnel Board; administrative hearing officers; transfers. State Personnel Board; health insurance plans; contract with County Officers Association of Georgia, Sheriffs' Retirement Fund.

SB 59 SB 33
SB 91

MERIWETHER COUNTY Board of Commissioners; elections. Meriwether County Airport Authority Act.

HB 718 HB 617

METROPOLITAN AREA PLANNING (See Development Authorities or Authorities)

METTER, CITY OF; new charter.

HB 929

MIDWAY, CITY OF; Change Corporate Boundaries.

HB 935

MIGRANT AND SEASONAL FARM WORKERS Agricultural Employers; farm labor; urge effective H2A Program. Medicaid and Other Social Services; TANF Act impact; study committee.

SR 360 SR 219

MILITARY AFFAIRS (Also See Veterans) Employees Retirement; creditable service; military service; teachers employed by U.S. Defense Department. Georgia National Guard Future Mission Requirements Study Committee. License Plates; special; retention by retired military reservists. Military Bombing Ranges; restrict siting of solid waste landfills. Military Status of a Child's Biological Father; disclosure by mother. National Defense; Selective Service Registration; commend; encourage. National Guard Retirement Benefits; create a Military Pension Fund. National Guard Retirement Benefits; create a Military Pension Fund. Property Conveyance; surplus National Guard Armory; Hancock County. Public Employees; ordered military duty; paid salary limits. Reserve Officers Association Month; declaring.

SB 109 SR 382 SB 198 HB 57
SB 27 HR 254 SB 168 SB 322 SR 125 SB 335 HR 281

MILLEDGEVILLE AND ANTEBELLUM ROTARY CLUBS; commend.

SR 115

MILLEDGEVILLE, CITY OF

Designate; William Crittenden Building at Central State Hospital.

HR 289

Property Conveyance; Milledgeville-Baldwin County Development Authority. SR 143

MILLER COUNTY Board of Education; staggered terms of office. Miller County Recreation Authority Act. Miller County Recreation Authority, Golf Course Project. Superior Court; Pataula Judicial Circuit; judges salary supplement.

HB 448 HB 806 HB 313 HB 931

MILLER, GOVERNOR ZELL Budget address. State of the State address.

Page 60 Page 29

MILLS, JULIE; commend.

SR 95

MILTON, DELISHA; SEC Women's Basketball Player of Year; commend.

SR 289

MINES AND MINING Heavy-duty Equipment Vehicles; ad valorem taxation. Rock Quarrying Activities Near Populated Areas; urge review.

HB 419 SR 389

MINORITIES Discrimination of or Preferential Treatment to Any Person Prohibited. Insurers; discriminatory practices against communities prohibited.

SB 243 SB 45

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INDEX

2543

MINORITIES (Continued) Public School Language Instruction; prohibit teaching of Ebonics.

SB 51

MINORS

Adoptions; hard-to-place children; financial assistance to families.

HB 112

Adoptions; placement following termination of parental rights. ............... SB 27

Adoptions; special needs children; financial aid to families.

. . . . . SB 24

Adoptive Children; terminating rights of biological father; establishing

paternity, putative father registry.

SB 28

After-school Activity Program for Middle School Age Children.

SB 50

Alcoholic Beverage Licensees; sales to underage persons; penalties.

SB 266

Alcoholic Beverages Consumed on Premises; admission prohibited.

SB 378

Alcoholic Beverages; persons under age 21 attempting to purchase with

falsified ID; seizure of driver's license.

HB 250

Alcoholic Beverages; possession by person under age 21; punishment. ....... SB 206

Child Abuse, Neglect, Delinquency Issues; training for judges.

........ SB 75

Child Care Facilities; prohibit employment of certain persons.

SB 176

Child Care Facilities; shopping malls, office complexes; licensure.

SB 222

Child Custody; committee to study Presumption of Joint Legal and Physical

Custody and Shared Parenting. ..................... .................. SR 233

Child Custody; decisions from court given expedited consideration.

SB 73

Child Custody Disputes Alleging Abuse; juvenile court jurisdiction.

SB 74

Child Custody; evidence of abuse; supervised parental visitation.

SB 71

Child Custody; joint legal and physical custody parenting plan.

SB 187

Child Custody; parenting time rights; presumption of equal access.

SB 188

Child Custody Study Committee; create.

SR 321

Child Day Care Facilities; health, safety laws; repeat violations.

SB 202

Child Molesters; parole conditions; hormonal chemical treatment.

SB 5

Child Molesters; probation conditions; chemical castration, mental health

treatment.

HB 211

Child Support; orders; life insurance; amount of the premium.

SB 231

Children and Youth Services; change name to Department of Juvenile Justice;

provide continuation of services.

HB 622

Children First Rule; consideration in custody, support, alimony.

SB 309

Computer Materials Deemed Pornographic or Obscene; advertising electronic

address or access code; prohibitions.

SB 312

Criminal Trespass; permission or invitation to enter property of a parent or

guardian when entry forbidden.

HB 100

Delinquent or Unruly Child Placed in Foster Care; review; duration.

HB 126

Driver's Education; authorize as high school program.

HB 409

Driver's Education Programs in Schools; committee to study. ............... SR 72

Driver's Education to Improve Young Drivers; committee to study. ........... SR 17

Driver's Education; urge implement within public schools.

.......... . . SR 312

Driver's License; new provisional Class D License; restrictions. ...... ....... SB 17

Driver's License; persons under age 18; require driver education. ........... SB 241

Driver's License; Teenage and Adult Driver Responsibility Act.

HB 681

Drug Paraphernalia or Syringes; items marketed to resemble; prohibit sale to

minors.

. SB 6

Drug Use Among Teenagers; Random Student Drug Testing

Study Committee.

SR 5

Drugs; controlled stimulant drugs; unlawful purchase, possession.

SB 208

DUI; violations; drivers under age 21 .02 grams or more; testing.

SB 66

Educational Grants; tuition assistance to attend private school. ........... SB 259

False ID Documents; unlawful possession; increased penalty to sell.

SB 199

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2544

JOURNAL OF THE SENATE

MINORS (Continued)

Firearms; accessible loaded firearms; accidental shootings.

SB 190

Foster Care and Adoption; re-creating committee to study.

SR 280

Foster Care Home Parents, Other Residents; criminal records check.

SB 244

Georgia Youth Legislature; create.

............... ...... SR 162

Georgia Youthbuild Employment Skills Training Program; establish.

. SB 68

Guardians, Appointed Temporary; continuation or dissolution.

SB 180

Inheritance; revision of Probate Code, OCGA Title 53.

HB 245

Juvenile Court; jurisdiction when child placed state custody.

SB 334

Juvenile Felony Acts; court transmit record to school principals.

HB 180

Juvenile Felony Records; school administrators notify teachers.

HB 567

Juvenile Justice Act of 1997; enact. ......

SB 132

Juvenile Law Enforcement Records of Offenses Constituting a Felony.

HB 506

Juveniles Age 17 Who Refuse Discipline or Threaten Family Violence;

petitions to end parent-child relationship.

.. .....

SB 385

Juveniles Felons Age 10 to 16; training camps to rehabilitate.

SB 18

Juveniles on Probation; require school attendance, passing grades.

SB 106

Libraries; school and public; restrict harmful materials to minors.

SB 40

Malicious Acts of a Minor; increase liability of parent or guardian.

HB 193

Malicious Damage to Another's Property; parent, guardian liability. ....... SB 89

Megan's Law; conduct constituting a sexual offense against a minor.

SB 105

Motorcycle Driver's Licenses; operator safety training; headgear. ....... SB 86

Parenting Education in Home Economics Course; grades seven or eight.

SB 41

Paternity Proceedings; legitimation; juvenile court jurisdiction.

SB 26

Public Schools; curriculum; character education program.

HB 393

School Attendance; mandatory age; change from age 16 to 17 years.

SB 106

School Choice Vouchers; create joint committee to study.

SR 21

School Choice Vouchers; create Senate Committee to study.

............. SR 22

School Safety Act; student discipline, conduct code; violation, alternative

placement; criminal record disclosure

HB 567

Student Code of Conduct; acts punishable by expulsion, suspension.

SB 92

Students Suspended or Expelled May Be Placed Alternative Classroom.

SB 129

Teen Pregnancy Prevention Programs; emphasis on abstinence education. HR 457

Teenagers Receiving TANF Assistance; school attendance; LEARNFARE. . . SB 104

Transferring Students Applying for Admission; requirements. ............. HB 180

MISDEMEANOR OFFENSES (Also See Crimes or Sentence and Punishment)

Marijuana; possession of one ounce or less; court jurisdiction. . ........... HB 347

Municipal Courts of Consolidated Governments; jurisdiction; fees. ......

HB 54

Persons Charged Leaving State to Avoid Court Appearance; penalties.

HB 620

Trial Jurors in Misdemeanor Cases; number of peremptory challenges. ... SB 114

MISSING PERSONS INVESTIGATIONS; persons with Alzheimers or

dementia. .......

.............

HB 326

MITCHELL COUNTY; Property Conveyance; portion,

Pelham Farmer's Market.

....... .............. .

HR 167

MITCHELL, PETE; commend.

..................... SR 294

MOBILE HOMES; On-site Sewage Treatment Systems; state-wide

regulations.

............. SB 165

MODEL HIGH SCHOOL MOCK TRIAL TEAM; commend.

SR 285

MONKEYS, CAPUCHIN Right of physically disabled persons to use services.

HB 351

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INDEX

2545

MONROE, CITY OF; city administrator.

................ . . HB 882

MONTGOMERY COUNTY; Board of Commissioners; vacancies. .......... . . SB 169

MOORE, DARRYL C.; University System Scholar; commend.

SR 410

MORAN, PAT, SOUTHEAST TOYOTA DISTRIBUTORS INC; commend. SR 441

MOREHOUSE COLLEGE; commend Football Coach Doug Williams.

SR 157

MORGAN COUNTY; Designate; Brooks Pennington Memorial Parkway;

Hwy 441. .......

.........

. ..........

HR 382

MORTGAGES (Also See Property or Banking or Real Estate) Brokers, Lenders; clarify licensure; loans and lock-in agreements. . Home Equity Lines of Credit; additional draws; open-end clauses. ........ Lenders; escrow agreement; homeowners' insurance premium; liability. Tax Executions for Delinquent Property Taxes; notice to owners.

SB 154 SB 175 HB 478 SB 270

MOTOR HOMES, RECREATIONAL VEHICLES; regulate on site sewage

treatment.

........... .................

. . SB 165

MOTOR VEHICLES AND TRAFFIC

Abandoned; duty of persons removing; liens; disposition of fines.

. ... SB 249

Ad Valorem; classification of commercial vehicles; valuation method.

HB 418

Ad Valorem; classification of heavy-duty equipment vehicles. ..........

HB 419

Alcoholic Beverages; open containers; passengers prohibited possess. ...... SB 203

Antique Vehicles; special license plates; transfer between vehicles. . ...... HB 205

Certificate of Title; exclusion; vehicles 15 or more years old.

HB 869

Certificate of Title; joint interest in vehicle with survivorship.

...... HB 387

Certificate of Title; salvaged or rebuilt vehicles; designation. ............... SB 302

Certificate of Titles; vehicle title pawn transactions; regulation. . .

SB 239

Code Revision; Title 40; correct errors and omissions.

HB 123

Driver Records; privacy of personal information; restricted access.

HB 587

Driver Safety; outdoor lighting applications which impair vision.

SB 329

Driver Training Schools; instructors; licenses valid for 4 years.

. HB 451

Driver's Education; authorize as high school program.

. . . . HB 409

Driver's Education Programs in Schools; joint committee to study.

SR 72

Driver's Education to Improve Young Drivers; committee to study. ...

SR 17

Driver's Education; urge implement within public schools. ............

SR 312

Driver's License; applicant fingerprinting; delete requirements.

....... SB 164

Driver's License; applicant social security number; limit usage of. . . . .

HB 574

Driver's License; drivers under age 18; educational requirements. .

SB 38

Driver's License; drivers 16 years old; provisional Class D license.

....... SB 17

Driver's License, ID Cards; fingerprint records; repeal requirement. ......... SB 2

Driver's License or Permits; replacement of original; fingerprints.

HB 62

Driver's License; persons under age 18; require driver education.

SB 241

Driver's License; placement of red stripe or words "CONVICTED DUI".

SB 82

Driver's License; points assessed; alcoholic beverage open container.

SB 203

Driver's License; suspension; seizure; persons underage attempting to

purchase alcohol with falsified ID. ............

HB 250

Driver's License; teenagers; graduated licenses; violations; curfew;

school attendance; threatening teacher; drug, weapons possession. . . . . . . HB 681

Driving Without a License or While Revoked; bail jumping penalties.

HB 620

DUI; addiction prevention and treatment; committee to study.

. SR 232

DUI; additional fines for Brain and Spinal Injury Trust Fund.

SB 110

DUI; additional penalties for Brain and Spinal Injury Trust Fund.

SR 144

DUI Convictions; licenses to bear red stripe or identifying words.

SB 82

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2546

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued)

DUI; drivers under age 21, 0-tolerance; adult drivers; penalties.

HB 681

DUI; eliminate plea of nolo contendere to charge of driving DUI.

SB 61

DUI Habitual Violators; clinical evaluation; vehicle ignition interlock device;

special license tag. ......................

.................. HB 681

DUI; nonresident offender; increase fine in lieu community service. .......... SB 31

DUI; violations; drivers under age 18; license suspended 12 months.

SB 88

DUI; violations; drivers under age 21 .02 grams or more; testing. ............ SB 66

DUI; 0-tolerance for drivers under age 21; no nolo contendere plea.

SB 17

Emergency Reflectors for Disabled Vehicles; requirements.

SB 394

Governmental Entities; motor vehicles; visible identifying markings.

HB 624

Governmental Vehicles; identifying markings, decals.

SB 349

Heavy-duty Equipment Vehicles; ad valorem tax classification.

HB 419

Highways; central lanes; vehicles entering to turn left; regulate.

SB 121

Highways; designated travel lanes; alternative fueled vehicles. ............. SB 116

Identification, ID Cards; forgery offenses; increased penalties.

SB 199

Insurance; motor vehicle; prohibit surcharge when no prior claims.

SB 361

Insurance; persons charged driving without proof; bail jumping.

HB 620

Insurance Policies; grounds for cancellation; committee to study.

SR 273

Insurance; private passenger automobiles; medical payments coverage.

SB 224

Insurance; private passenger automobiles; medical payments coverage.

SB 356

Insurance; Study Committee on Uninsured Motorists. ...................... SR 168

Insurance to Cover Liability for Damages; government owned vehicles.

SB 42

Insurance; vehicles operated without consent of insured; uninsured.

SB 364

License and Registration Fees; prorations; amend Constitution.

SR 132

License Plates, Decals; issue to owners; transfers between vehicles.

..... SB 115

License Plates; display on front and rear of vehicles.

SB 363

License Plates; issue to owner, transfer between vehicles; registration

periods; vehicles subject ad valorem taxation ........................... HB 205

License Plates; special; alternative fueled vehicles; travel lanes. ............ SB 116

License Plates; special; Civil War historic sites program. .......

. SB 178

License Plates; special; promote recycling; solid waste trust fund. ............ SB 63

License Plates; special; retention by retired military reservists. .......... SB 198

License Plates; special; Shrine Hospitals; Civil War Historic Sites.

HB 110

License Plates; special; standardize process for issuance; motor vehicle

dealer plates; veteran's plates; special issues. .......................... HB 104

License Plates; special; support U.S. Disabled Athletes Fund.

HB 499

License Plates; special tag; DUI habitual violators. ....................... HB 681

License Plates; special; veterans who survived Pearl Harbor.

HB 869

License Tags, Titles; decentralize registration functions; electronic

transactions; private vendors sell commemorative plates.

HB 487

Limousine Carriers; qualifications; temporary permits; safety.

SB 310

Motor Vehicle Repairs; unlawful practices; customer protections.

SB 225

Motorcycle Operator Safety Training Program; administration of.

HB 695

Motorcycle Operators; safety training; age required to wear headgear.

SB 86

Parking Law for Disabled Persons; enforcement monitors; uniforms.

HB 79

Radar Speed Detection Devices; permit requirements; who may approve.

HB 398

Radar Speed Detection Devices; regulate use; permit conditions.

HB 190

Registration and Taxation; committee to study simplify methods.

SR 272

Registration and Taxation; joint committee to study methods.

..... SR 271

Rental Motor Vehicle Agreements; collision damage waivers. ............... SB 167

School Buses; equipment requirements; passenger seat belts.

SB 293

Speed Limit Restricted Zones; roadway construction sites. .................. SB 121

Teenage and Adult Driver Responsibility Act; enact.

HB 681

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INDEX

2547

MOTOR VEHICLES AND TRAFFIC (Continued) Title Pawn Transactions; loans; excessive interest, fees; liens. Traffic Regulations; construction speed zones; central turn lanes. Truck Tractor-semitrailers; change maximum length certain roadways. Trucks, Trailers, Semi-trailers Engaged in Commerce; ad valorem tax. Used Cars; auctioneers of vehicles under property sale or estate. Used Motor Vehicle Dealers; certain disclosures to purchasers. Vehicle Emissions; relative to air quality standards for ozone. Vehicles Owned by a Minor's Parent or Guardian; criminal trespass. Vehicles Used in Soliciting Prostitution; seizure; forfeiture. Vehicular Traffic Metropolitan Atlanta Areas; support transit needs.

SB 239 SB 121 SB 272 HB 418 HB 174 SB 196 SR 278 HB 100 SB 158 SR 65

MOTORCYCLES Insurance; nonrenewal, surcharge; no claims by insured past 5 years. Insurance Policies; grounds for cancellation; committee to study. License Plates; free plates, decals for certain veterans. Motorcycle Awareness and You Month; recognizing. Motorcycle Awareness and You Month; recognizing. Operator Licensure; safety training; age required to wear headgear. Operator Safety Training Program; public safety commissioner powers. Registration and Licensing Requirements; transfer of license plates.

SB 361 SR 273 HB 104 SR 368 SR 446
SB 86 HB 695 HB 205

MOUNT ZION, CITY OF; expand corporate limits.

HB 998

MUNICIPALITIES (Also See Local Government)

Acts of General Assembly Affecting Revenues; effective date; notice.

HB 188

Ad Valorem; delinquent properties; collection by tax executions.

SB 270

Adoption of a Service Delivery Stategy With Counties to Minimize Duplication

of Services; requirement for state grants, loans.

HB 489

Alcoholic Beverages; distilled spirits retail dealer's; residency.

SB 111

Alcoholic Beverages; new retail liquor store locations; restriction.

HB 500

Annexation of Commercial Property; proposed Acts of General Assembly.

SB 251

Annexation or Deannexation by Alternative Methods.

HB 217

Authorities for Residential Care for the Elderly; additional powers.

HB 297

Bid Procedures; buildings constructed for lease to state agencies.

HB 32

Bond Elections; date of November general election; exception

SB 256

Building Permits; information required; home inspector licensing.

HB 322

Correctional Officers; peace officer training certification.

HB 791

Disability Commissions; establish to meet needs of the disabled.

SB 383

Election Districts; reapportionment; additional changes.

SB 113

Elections; notice of candidacy; change filing day.

SB 112

Elections; qualifying period; designate number of days.

HB 19

Elections; terms of office; change to 4 years.

HB 309

Elections; voting by absentee ballot without giving reason.

HB 543

Enterprise Zone Employment Act; unemployment, distressed areas.

HB 663

General Obligation Debt; use of special county 1% sales tax proceeds.

HB 531

Harold F. Holtz Municipal Training Institute; new name; membership.

SB 94

Hotel-Motel Excise Tax; authority; community auditorium or theater.

HB 508

Hotel-Motel Excise Tax; authority; convention and conference center.

HB 425

Hotel-Motel Excise Tax; cap aggregate tax rates; guest charges.

HB 609

Hotel-Motel Excise Tax; International-Maritime Trade Center; museums.

HB 706

Hotel-Motel Excise Tax Levy by Consolidated Governments; authority.

HB 94

Income Tax Refund Setoff; claims against persons owing money.

HB 517

Jail Construction, Operation; additional penalties, fees to fund.

SR 331

Job Training, Workforce Development; grants; contracts; programs.

SB 101

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2548

JOURNAL OF THE SENATE

MUNICIPALITIES (Continued) Land Bank Authorities; creation by interlocal party governments. Local Authorities; financing activities outside territorial limits. Metropolitan Area Planning & Development Commission; mayoral members. Motor Vehicles; insurance to cover liability for damages. Motor Vehicles Purchased Public Funds; visible identifying markings. Motor Vehicles Purchased With Public Funds; identifying markings. Municipal Court Judges, Council of; designee to County and Municipal Probation Advisory Council. Municipal Courts; criminal cases; fines to fund victim assistance. Municipal Courts; misdemeanor jurisdiction; county law library funds. Municipal Courts; misdemeanor jurisdiction; marijuana possession. Personnel Provided to the Office of District Attorney; compensation. Probationer Supervision Services; private providers; requirements. Public Works Contracts; bids; requirements; emergency situations. Referendum on Possible Projects; inclusion in a county referendum. Reporting Data on Finances and Service Delivery; charts; surveys. Rewards for Apprehension of Felony Criminals; authorized amounts. Roads, Bridges on State Highway Systems; procedure to name, rename. Rock Quarrying Activities Near Populated Areas; urge review. Sales Tax; local special purpose taxation; referendum elections. Services; restrict noncompetitive acts against private providers. Solid Waste Management Authorities; deactivation; siting disposal facilities adjacent other city, county. Solid Waste Management; deactivating authorities; hearings prior entering certain contracts; landfill expansion permits. Solid Waste Management; long-term reduction goals. Volunteer Fire Departments Consolidating Into Nonprofit Corporation. Water or Sewer Systems; authorize contract private firm to operate. Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager.
MUNSON, LARRY; UGA Broadcaster; commend.
MURDER (Also See Crimes or Sentence) Convicted Persons Prohibited Employment at Child Care Facilities. Juvenile Offenders Age 13 to 17; designated felony provisions.
MURPHY, SPEAKER TOM; expressing happy birthday wishes.
MURRAY COUNTY Ad Valorem; homestead exemption of $12,000.; senior citizens. Ad Valorem; homestead exemption of $4,000. based upon income. Designate; George W. Ross Highway in City of Eton. Designate; George W. Ross Highway in the City of Eton.
MUSCOGEE COUNTY Magistrate Court; persons serving as clerk, marshal; compensation. Probate Court; judge; annual salary. State Court; judges; change compensation. State Court; solicitor; annual salary. Superior Court; judges; salary supplement.
MUSEUMS; official designation; Ralph Mark Gilbert Civil Rights Museum.
MUSIC INDUSTRY Music Industry Committee and Citizens' Advisory Council.

SB 143 HB 803
HB 208 SB 42
HB 624 SB 349
SB 69 HB 324
HB 54 HB 347 HB 124
SB 69 SB 229 HB 490 HB 491 HB 719 SB 122 SR 389 SB 264 SB 343
HB 219
HB 612 SB 98 SB 30 SB 318
SB 319
SR 12
SB 176 SB 132
SR 315
HB 1024 HB 1025
SR 251 HR 215
HB 1001 HB 771 HB 770 HB 772 HB 968
SB 366
SR 23

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INDEX

2549

N

NASH, MBS. LILLIE RUTH; honoring birthday.

SR 365

NATIONAL GUARD Employees Retirement; creditable service; active military service. Georgia National Guard Future Mission Requirements Study Committee. License Plates; special; transferring between vehicles. Property Conveyance; surplus National Guard Armory; Hancock County. Public Employees; ordered military duty; compensation. Retirement Allowances, Benefits; create Military Pension Fund. Retirement Allowances, Benefits; establish a Military Pension Fund.

SB 109 SR 382 HB 205 SR 125 SB 335 SB 168 SB 322

NATURAL DISASTERS (See Disaster Emergencies or Emergency Management);

NATURAL GAS COMPETITION AND DEREGULATION ACT; enact.

SB 215

NATURAL RESOURCES AND CONSERVATION (Also See Game or Environmental

or Waters)

Civil War Historic Sites Acquisition and Preservation Program.

SB 178

Coastal Ground-Water Management Planning; joint study committee created;

Upper Floridan Aquifer Technical Advisory Committee created.

HR 326

Coastal Ground-Water Resources Joint Study Committee; create.

SR 225

Coastal Zones Management Program; land, water user policies.

HB 167

Deer Farming; agricultural operations; regulation; licensing.

HB 426

Drinking Water Standards; privately-owned public water systems.

SB 252

Environmental Testing Data; commercial laboratories accreditation.

HB 604

Environmental Violations; enforcement rights of citizens affected.

SB 174

Environmental Violations; reparation of damages; Trust Fund.

SR 86

Golf Hall of Fame Authority Act; create a public corporation.

HB 866

Hazardous Material Releases; liens for cost to state to correct.

HB 470

Hazardous Waste Management and Substance Reporting; fee waivers.

HB 510

Recycling and Litter Reduction; refundable beverage containers.

SB 191

Recycling and Solid Waste Reduction Fund; amend Constitution.

SR 56

Solid Waste; landfills; restrictions; disposal of asphalt shingles; siting

near military bombing range.

HB 57

Solid Waste Management; long-term reduction goals.

SB 98

State Parks, Historic Sites, Forests, Wildlife Management Areas;

designated dark area preserves; misdirected outdoor lighting.

SB 329

Stone Mountain Park; define purposes; use of revenue funds.

SB 367

Stone Mountain Park; natural districts; restrict changes, use of.

SB 146

Stone Mountain Park Projects; lease contracts; requirements.

SB 274

Waste Management Authorities; deactivation; disposal facility sites.

HB 219

Waste Management; landfills; expansion permits; hearings prior entering

certain contracts; scrap tires; deactivating authorities.

HB 612

Water Quality Emergencies Due to Sewage Wastewater Treatment; state

appoint interim operations manager.

SB 319

Water Resources; Alabama-Coosa-Tallapoosa River Basin, ACT Compact.

HB 148

Water Resources; Apalachicola-Chattahoochee-Flint River Basin Compact. HB 149

Water Resources; ground-water management; permitted users; reports.

HB 528

Water Resources; pollutant discharge facilities; permit to operate.

SB 347

Water; small public supply systems; operator education requirements.

HB 345

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2550

JOURNAL OF THE SENATE

NATURAL RESOURCES AND CONSERVATION (Continued) Water Supply Issues; Upper Floridan Aquifer serving coastal area. Water; wastewater pollutants; facilities exempt sewer hookup moratorium; discharges into Chattahoochee River, federal assistance. Wildlife Conservation Fund License Plates; transfer between vehicles.

HR 326
HB 528 HB 205

NEALY, JAMES; commend. .................... .......... ......... . SR 298

NESMITH, JAMES COLQUITT; commend.

SR 398

NEVILLE, WILLIAM J., JUDGE; commend.

SR 83

NEWSMEDIA Advertisements; violations of Sheriff Offices' Nomenclature Act. Hate Crimes; condemning acts; urge effective media education. Publishers of Books, Articles; offenses relating to judicial officials and involvement in criminal cases.

HB 289 SR 313
HB 105

NEWTON, CITY OF; Municipal Elections; mayor and councilmembers.

HB 1044

NEWTON COUNTY; Property Conveyance; easements for electric, gas lines.

SR 164

NIEKRO, PHIL; National Baseball Hall of Fame; recognizing.

SR 206

NONPROFIT ORGANIZATIONS (Also See Commerce or Corporations)

Administration of Community Trusts; payment for services rendered.

HB 650

Contractors Receiving State Funds; financial accountability; audits.

SB 349

Exemption to Ticket Scalping Laws Under Certain Circumstances.

HB 283

Hospital Authorities; conflicts of interest; charity care reports.

HB 445

Hospitals Owned by Nonprofit Corporations; acquisition requirements.

HB 600

Providers of Legal Representation for Low-income People; grants.

HB 54

Senior Volunteer or Foster Grandparent Programs; license exemption.

HB 830

Social Assistance Register of Groups or Individuals Willing to Assist Recipients

of Public Assistance.

SB 267

NORCROSS, CITY OF; Amend Charter to mayor-council form of government.

HB 403

NORFOLK SOUTHERN CORPORATION; relative Conrail Acquisition; and rail passenger service.

SR 286

NORWOOD, CONGRESSMAN CHARLIE; introduced, remarks.

Page 48

NOTARY CERTIFICATION; Superior Court Clerks Cooperative Authority. ...................................................... .

SB 284

NUDITY AND SEXUAL CONDUCT; Adult Bookstores or Movie Houses; restrict

location certain areas. ...........

......... ...................... SB 62

NUISANCES

Property Where Accusations of Illegal Drug Activities Occur.

SB 7

Sport Shooting Ranges; noise control; when actions against limited.

SB 8

NUNN, SAM, FORMER U.S. SENATOR State Commission to Create Appropriate Tribute on State Property. The Honorable Sam Nunn; welcoming home to Georgia.

SR 50 SR 51

NURSES Damage Action Alleging Professional Malpractice; filing requirement. Drugs Used for Adverse Reaction to Vaccines; authority to possess.

SB 276 SB 20

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INDEX

2551

NURSES (Continued)

Nurses Association and Professional Registered Nurses; commend.

Physician's Assistants; licensure and re-licensure.

......

Registered Professional Nurses; title on name tag identification.

SR 443 HB 238 HB 841

NURSING AND PERSONAL CARE HOMES

Assisted Living; new category of facilities; licensing of different levels; delete

and replace term 'personal care homes'. .........................

HB 287

Death of a Person in Another's Care; required notification.

HB 651

Georgia Nursing Home Association Education and Research; commend.

SR 204

Home Care Providers; senior volunteer services; license exemption.

HB 830

Long-term Care Financing; medical care savings account program.

SB 279

Long-term Care; needs of chronically ill, disabled; study.

........ SR 145

Medicaid Reimbursement; clinical social workers for nursing homes.

SB 308

Residential Care Facilities for the Elderly Authorities; powers.

HB 297

Reuse of Prescribed But Unused Drugs for a Resident; conditions.

HB 273

NZITA, DR. STEPHEN; honoring.

SR 359

o

ODUM, CITY OF; new charter; reincorporate.

HB 966

OFFENDER REHABILITATION (See Corrections)

OFFICE OF PLANNING AND BUDGET; State Departments, Agencies;

expenditures; establish limitation.

....

. . SR 177

OFFICIAL CODE OF GEORGIA (See Code of Georgia)

OGLETHORPE, JAMES EDWARD, TERCENTENARY COMMISSION;

Commend.

.......................... . . . .

SR 376

OKEFENOKEE AREA COUNCIL OF BOY SCOUTS OF AMERICA;

Commend.

................................................... SR 265

OLLIFF, SHEA; Miss Georgia 1996; honoring.

................. SR 239

OLYMPIC GAMES, XXVI SUMMER OLYMPIAD, 1996 Centennial Park Bombing; commend security, law enforcement, and emergnecy response personnel. Disability Access; Olympic and Paralympic Games; commend volunteer efforts of CODA/Committee. ................................. Olympic Games; commend certain public agencies, officials. State Patrol Law Enforcement Efforts During Olympic Games and heroic efforts at Centennial Olympic Park; commend. .....................

SR 326
SR 296 SR 140
SR 452

OPHTHALMOLOGISTS, OPTOMETRISTS Damage Actions Alleging Professional Malpractice; filing. Patient Access to Eye Care Act. ..................................

SB 276 SB 254

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2552

JOURNAL OF THE SENATE

OPHTHALMOLOGY, GEORGIA SOCIETY OF; commend.
ORBERG, HANK; Waycross German Oktoberfest; commend.
ORDER OF AHEPA, 75TH ANNIVERSARY; recognizing.
O'REAR, LESLIE ELIZABETH; commend.
ORGAN DONORS; Procurement Organizations; driver's license records access. ................................................................
OSTEOPATHS Damage Actions Alleging Professional Malpractice; filing. Hospital Staff Privileges. Hospital Staff Privileges; prohibit deny based upon certain license. Primary Care Physicians; medical training; scholarships, loans. Telemedicine; out-of-state or foreign practitioners; licensure.
OUTER PERIMETER HIGHWAY; delete Developmental Highway System Projects.
OVERBY, WILLIAM THOMAS; designate memorial parkway; Sharpsburg.
OWENS, MICHAEL; commend.
OZBURN, TRENT, CAPITOL GROUNDS MANAGER, AND ASSISTANTS STEVE JOHNSON AND WILLIE KEY; commend.

SR 202 SR 267 SR 437 SR 332
HB 587
SB 276 SB 219 SB 138 SB 391 SB 107
SB 314 SR 260
SR 97
SR 454

PARALYMPIC GAMES Disability Access; commend Volunteer Efforts of CODA/Committee. U.S. Disabled Athletes Fund; special license plates.

SR 296 HB 499

PARAMEDICS (See Emergency Medical Services)

PARDONS AND PAROLES (Also See Probation, Corrections or Inmates)

Felony Criminal Offenders; not eligible parole or reduced sentence.

SB 4

Felony Criminal Offenders Shall Serve Full Sentence Without Parole.

SB 100

Parole Officers Injured in Line of Duty; disability benefits.

SB 326

Prison and Jail Construction Cost Analysis; committee to study.

SR 172

Probationers Charged With a Misdemeanor Involving Injury or Threats.

SB 46

Serious Violent Felony Offenders; ineligible parole, early release.

SB 162

Sex Offenders; child molesters; hormonal chemical treatment, psychiatric

counseling.

HB 211

Sex Offenders; rape, aggravated sodomy; mandatory imprisonment.

SB 15

Sexually Violent Predators, Child Molesters; chemical castration.

SB 5

Sexually Violent Predators; state registration program.

SB 105

State Board; abolish; authority to pardon or parole vested in

General Assembly. .................................. ................. SR 215

State Board; electronic calling data system; felony offender records.

SB 242

State Board; electronic calling system for citizen inquiries.

SB 23

State Board; members; create a citizens commission to fix salaries.

HR 296

State Board; members or employees; holding certain public offices.

HB 407

State Board; votes cast by members; release for public inspection.

SB 201

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INDEX

2553

PARENT AND CHILD (Also See Domestic Relations or Minors) Adoption Proceedings; locating biological fathers; deceased parent. Child Custody; committee to study joint custody; shared parenting. Child Custody; decisions from court given expedited consideration. Child Custody; evidence of abuse; supervised parent visitation. Child Custody; joint legal and physical custody parenting plan. Child Custody; parenting time rights; presumption of equal access. Children Age 17; petition to end parent legal obligation. Children in Need of Supervision, Treatment; Juvenile Court orders. Firearms Protection for Minors; loaded guns; criminal negligence. Foster Care Home Parents, Other Residents; require background check. Juvenile Offenders; court supervision fees; parent and child liable. Liability of Parent or Guardian for Malicious Acts of Minor Child. Negligence; parent liability; malicious property damage by a minor. Property; rebuttable presumption of a gift by the parent to child. Termination of Parental Rights; evidence; surrender forms; adoptions.

SB 28 SR 233
SB 73 SB 71 SB 187 SB 188 SB 385 SB 334 SB 190 SB 244 SB 132 HB 193 SB 89 SB 230 SB 27

PARKER, MR. T.E. AND MRS. EDNA; Senior Citizens of Year; commend.

SR 33

PARKING LAW FOR DISABLED PERSONS; Enforcement Monitors; uniforms. .... ........... ................ HB 79

PARKS AND RECREATION Chehaw Park Authority; membership; chief executive officer. Dark Area Preserves; state owned parks; outdoor lighting standards. Golf Hall of Fame Authority Act; enact. Public Property Not Needed for Road Purposes; dedicated for a park. Stone Mountain Park; define purposes; use of revenue funds. Stone Mountain Park; lease contracts; comply master planning. Stone Mountain Park; protected status of natural districts. ......... West Point Lake Problems; water level demands; urge federal action.

HB 933 SB 329 HB 866 SB 76 SB 367 SB 274 ....... SB 146 SR 353

PARKVIEW HIGH SCHOOL BOYS SWIMMING AND DIVING TEAM;

Commend. ..........................................

.......... SR 355

PATAULA JUDICIAL CIRCUIT Superior Court; judges; salary supplements. ............... .......... HB 931

PATERNITY

Adoptions; locating biological fathers; putative father registry.

SB 28

Birth Certificates; naming of child's father for certain children.

SB 195

Fatherhood Responsibility Programs; enforcement of duty of support.

SB 58

Legitimation by Biological Fathers; court jurisdiction; records.

SB 26

Proceedings to Establish; legitimation petitions; genetic tests; matters of proof;

child support enforcement. ............. ............ ............. HB 284

PATIENTS (Also See Medical or Health Care or Insurance)

Access to Medical Treatment Act; experimental drugs, medical devices.

SB 341

Alzheimers or Other Mental Illnesses; missing persons investigations.

HB 326

Appropriate Patient Care Act; postsurgery care; coverage by insurers.

SB 330

Diabetes; outpatient self-management services; health insurance.

SB 55

Mastectomy Patient Care Act; health insurers required coverage.

........ SB 54

Mastectomy Patients; postmastectomy care; committee to study. ......... SR 378

Medical Treatment Covered Under HMO Plans; time period to receive.

HB 106

Medical Treatment; unconventional or experimental procedures.

SB 307

Patient Access to Eye Care Act; enact. .................................... SB 254

Records; out-of-state or foreign physicians practicing telemedicine.

SB 107

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2554

JOURNAL OF THE SENATE

PATTERSON, CITY OF; change corporate limits.

HB 1062

PAULDING COUNTY

Board of Commissioners; additional members; election districts; compensation;

personnel; audits; spending limits.

HB 1045

Designate; Wendy Bagwell Parkway; Paulding County.

SR 316

Designate; Wendy Bagwell Parkway; portion of U.S. 278.

HR 245

High School Marching Patriots; commend.

SR 29

Juvenile Court Judge; Tallapoosa Judicial Circuit; minimum salary.

HB 1008

Paulding County High School Marching Band; commend.

SR 153

Paulding County Junior ROTC Color Guard and Drill Team; commend.

SR 433

PAULK, MELBA WILKES OF IRWIN COUNTY; commend.

SR 324

PAWNBROKERS

Brady Law Regulations; transfer of handguns as collateral.

HB 447

Motor Vehicle Title Pawn Transactions; excessive interest and fees. ......... SB 239

PEACE OFFICERS (Also See Law Enforcement) Accused of Committing an Offense; arrest affidavit; false statement. Bomb and Explosives Disposal Technicians; certification; mutual aid. Designate Children & Youth Services Department law enforcement unit. Duties; Disabled Adults and Elder Persons Protection Act. Firearms; license to carry in public; former officers, sheriffs. Indictment for a Crime in Performance of Duty; procedures; rights. Peace Officers Annuity and Benefit Fund; trustees; investments. Radar Speed Detection Devices; operation by certified officer. Radar Speed Detection Devices; operation only by certified officer. Standards and Training Council; appropriation of funds. Standards and Training Council; transfer of certain powers, duties. Training Certification; sheriffs and sheriffs-elect. Training; municipal corrections officers; administrative investigator. Training; persons seeking to qualify for office of sheriff. Training Regarding Elder Abuse, Abuse of Vulnerable Adults. Training Requirements; police chiefs, department heads, wardens.

HB 258 SB 173 HB 755 SB 127 SB 247 SB 140 HB 463 HB 190 HB 398 SB 200 HB 673 HB 347 HB 791 SB 142 SB 159 HB 288

PEACH COUNTY Byron Convention and Visitors Bureau Authority Act. Designate; Buddy Reddick Parkway; bypass around Fort Valley. Peach County Water and Sewer Authority; members; terms.

HB 986 SR 260 HB 694

PEACH FESTIVAL, GEORGIA; commend.

SR 222

PEANUTS, AGRICULTURAL COMMODITY COMMISSION FOR; overview committee. ................. ..................... ................ SB 365

PEDESTRIAN WALKWAYS; include within projects, purposes of DOT.

SB 145

PELHAM, CITY OF Independent School District; tax millage rate. Property Conveyance; unimproved portion of Pelham Farmer's Market.

HB 687 HR 167

PELHAM H. S. LADY BASKETBALL CLASS A CHAMPIONSHIP

Commend. ................. ......................

.............. SR 352

PENAL INSTITUTIONS (See Corrections)

PENNINGTON, BROOKS Designate Memorial Parkway to honor; Hwy 441 bypass. Founder of Pennington Green, Inc.; expressing regrets at passing.

HR 382 SR 245

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INDEX

2555

PENNYWELL, DENISE L.; commend. .................................... SR 373

PERDUE, DAVID ALFRED, SR.; tribute to; condolences to family.

SR 242

PERDUE, SENATOR SONNY; elected Senate President Pro Tempore.

Page 8

PERJURY; witnesses before the Grand Jury in Criminal Cases.

HB 293

PERSONAL CARE HOMES (Also See Nursing Homes or Health Care Facilities)

PERSONS AND THEIR RIGHTS Discrimination of or Preferential Treatment to Any Person Prohibited. Insurers; redlining or discrimination against communities prohibited.

SB 243 SB 45

PETROLEUM PRODUCTS (See Gasoline)

PHARMACISTS, PHARMACIES

Controlled Drugs; phenylpropanolamine; sales to minors prohibited.

SB 208

Damage Actions Alleging Professional Malpractice; filing.

SB 276

Drugs and Narcotics Agency; director, agents; retain weapons, badge.

HB 92

Georgia Pharmacy Practice Act; licensure, controls, regulations.

HB 330

Health Care Products; new medical technology; urge FDA correct regulatory

obstacles to facilitate access. .......................................... SR 194

Medicaid Long-term Care Facilities; dispensing pharmacies; reuse of prescribed

but unused unit dosage drugs.

HB 273

Medicaid Patients; change prior approval of prescription drugs.

SB 139

Medicaid Providers; refund of any prescription drug rebates.

HB 371

PHILLIPS, KEN; commend. .......... .... ........... ................ SR 26

PHYSICIANS (Also See Medical Practice or Professions or Health) Abortion; prohibited medical procedure; partial-birth method. Abortion; prohibited medical procedure; partial-birth method. Abortion, Sterilization Procedures; Woman's Right to Know Act. Abortion; Woman's Right to Know Act. Chiropractors; determination of treatment needs; patient referrals. Chiropractors; scope of practice; definition of 'adjustments'. Damage Actions Alleging Professional Malpractice; filing. Drugs Used for Adverse Reaction to Vaccines; delegate authority. Evaluation of Incapacitated Adults in Proposed Guardianship Cases. Experimental Drugs, Medical Devices; patient's right to treatment. Experimental or Unconventional Medical Practices. Graduate Medical Educational Funding; commission to study. Hospital Staff Privileges; podiatrists, osteopaths, dentists. Hospital Staff Privileges; prohibit deny on basic license, specialty. Incapacitated Adult Temporarily Out of State; emergency evaluation. Medicaid Providers Committing Certain Offenses; deny participation. Medicaid Providers; refund of any prescription drug rebates. Medical Reports; admissibility in civil trials. ............................. Medical Service Provider; workers' compensation billing errors. Medical Service Providers; workers' compensation billing errors. Ophthalmologists; treatment of Diabetic Eye Disease; commend. Patients Seeking Emergency Care; insurance coverage; authorization. Physician's Assistants; licensure and re-licensure. Podiatrists, Osteopaths, Dentists; hospital staff privileges. Primary Care Specialties; medically underserved areas; scholarships. Psychologists; good faith actions as supervisor; liability immunity. Respiratory Care Professionals; continuing education requirements. Telemedicine; out-of-state, foreign practitioners; licensure.

SB 348 SB 357 SB 216 SB 153 SB 214 SB 278 SB 276 SB 20 SB 179 SB 341 SB 307 HR 249 SB 138 SB 219 SB 37 SB 44 HB 371 HB 325 SB 384 HB 331 SR 202 SB 209 HB 238 SB 138 SB 391 HB 274 HB 138 SB 107

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2556

JOURNAL OF THE SENATE

PICKENS COUNTY Ad Valorem; homestead exemption; 3-year phase-in period; referendum. Ad Valorem; school taxes; homestead exemption for full value. Ad Valorem; school taxes; homestead exemption of $5,000.

HB 855 HB 854 HB 956

PICKNEY, EDWARD, JR.; condolences.

SR 220

PIERCE COUNTY; Board of Commissioners; chairperson duties, salary; bonds. ................................................................. SB 397

PIKE COUNTY; Superior Court; Griffin Circuit; judges salary supplement. HB 963

PISTOLS (See Firearms and Guns)

PITTMAN, JAMES OF LOUISVILLE; commend.

SR 447

PITTS, CHARLES "CHIP" WILSON; expressing condolences.

SR 400

PLAINS HIGH SCHOOL; Official State School designation.

SB 16

PLANNING COMMISSIONS (See Authorities or Development Authorities)

PLASTICS INDUSTRY IN GEORGIA; commend.

SR 209

PODIATRISTS Damage Actions Alleging Professional Malpractice; filing. Hospital Staff Privileges. Hospital Staff Privileges; prohibit deny based upon certain license.

SB 276 SB 219 SB 138

POLAND, REPUBLIC OF; urge support for admission to NATO.

SR 205

POLICE OFFICERS (Also See Law Enforcement) Accused of Committing an Offense; arrest affidavit; false statement. Indictment for a Crime in Performance of Duty; procedures; rights. Missing Persons Investigations; persons with Alzheimers or dementia. Notification of Deceased Persons; death of person in another's care. Training; appropriation of funds; percentage of employed officers. Training; powers, duties of Georgia Public Safety Training Center. Training Requirements and Waivers; police chiefs, department heads.

HB 258 SB 140 HB 326 HB 651 SB 200 HB 673 HB 288

POLK COUNTY Board of Education; compensation; expenses. Juvenile Court Judge; Tallapoosa Judicial Circuit; minimum salary.

SB 399 HB 1008

POLLUTION CONTROL (Also See Waste Management or Environmental) Air Quality; ozone standards; urge U.S. EPA refrain new changes. Asphalt Roofing Shingles; disposal restrictions; recycling plan. Coastal Ground-Water Resources Joint Study Committee; create. Environmental Testing; commercial analytical labs; accreditation. Environmental Violations; reparation of damages; Trust Fund. Hazardous Waste Management; fees; grant waivers to certain companies. Recycled, Chlorine-free Paper Products; state purchasing guidelines. Toxic Pollutants; violation; enforcement right of citizens affected. Waste-water Discharge; sewer connections moratorium; exempt certain publicly funded facilities. Wastewater, Sewage Treatment; water quality emergencies; state appoint interim manager to improve. Waters, Wetlands; pollutant discharge facilities; permit to operate.

SR 278 HB 57 SR 225 HB 60 SR 86 HB 510 SB 255 SB 174
SB 19
SB 319 SB 347

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INDEX

2557

POOLER, CITY OF; expand corporate limits.

HB 1010

POPE, LEONARD C. OF IRWIN COUNTY; commend.

SR 325

POPULATION BILLS Carroll County; provide for a Board of Elections. Counties Between 81,300-89,000; time for ad valorem tax digests. Counties of Less Than 100,000; persons taking depositions; waivers. Counties of 180,000 or More; county administrators; appointment. Counties of 45,000-50,000, 1970 Census; repeal board of elections. Counties of 81,300-89,000; tax digest deadlines; repeal a provision. General Assembly; certain local salary, annexation bills prohibited.

HB 909 SB 137 SB 185 SB 136 HB 833 HB 459 HB 98

PORNOGRAPHY AND OBSCENITY Adult Bookstores or Movie Houses; restrict location certain areas. Computer Materials Deemed Harmful to Minors; restrict advertising. Libraries; sexually explicit materials; restrict access to minors.

SB 62 SB 312 SB 40

POSS, ROBERT E., JR.; condolences.

SR 11

POWELL, LILLIE ALLEN; commend.

SR 336

POWELL, MRS. CECELIA FANCHER; commend.

SR 348

PREFERENTIAL TREATMENT; prohibit state grant to any individual or group. ........................ ..................... .........

SB 243

PREFILED LEGISLATION Civil Actions; frivolous actions; award of litigation expenses. Counties, Municipalities; construction projects; bidding procedure. Driver's License, ID cards; repeal fingerprint requirement. Municipal Elections; qualifying period; designate number of days. Sales Tax; special county 1%; date of termination.

SB 1 HB 32
SB 2 HB 19 HB 15

PREGNANCY; offenses of battery against a female who is pregnant.

SB 205

PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)

PRICE, ALFONZO; claims against the state; compensate.

HR 313

PRISONS (See Corrections)

PRIVATE OR NONPUBLIC SCHOOLS Home Study Programs; create joint committee to study. School Choice Vouchers; create joint committee to study. School Choice Vouchers; create Senate Committee to study.

SR 4 SR 21 SR 22

PRIVATIZATION OF GOVERNMENTAL SERVICES Children and Youth Services; law enforcement contract employees. Children and Youth Services/DCYS; private vendors; property leases. Collection Agencies; judgments in deceptive trade practice actions. Commemorative License Plates; agreements with private vendors. Employees Displaced, Discharged; assistance in securing employment. Municipal Corporation Free Enterprise Encouragement Act. Municipal Water or Sewer Systems; authorize contract private firms. Private Probation Service Providers; registration; reports; records inspection. Proposals by Executive Branch; notify certain legislative officials. State Prisons; private management contractors; use of penal labor. State Programs, Functions; recommendations; department evaluations.

HB 755 HB 496 HB 712 HB 487 SB 262 SB 343 SB 318
SB 69 SB 57 SB 48 SB 297

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2558

JOURNAL OF THE SENATE

PROBATE COURTS Agents; restrict power of attorney to transfer property ownership. Civil Actions; fees to fund Alternative Dispute Resolution Programs. Community Trusts; death of life beneficiary; distribution of assets. Counties of 180,000 or More; appointment of county administrator. County Boundary Lines; filing of petitions to change; procedures. Guardianship Statutes; re-create Joint Rewrite Committee. Judges Retirement Fund; trustees; investments in certain corporations. Marriage Ceremony; authority of state and federal court judges. Marriage Licenses; vital records information; federal judges may perform ceremonies. Petitions for Protective Services for Disabled Adult or Elder Person. Wills, Trusts and Estates; Probate Code Revisions, OCGA Title 53.

HB 55 SB 133 HB 650 SB 136 SB 380
SR 73 HB 463 HB 249
HB 689 SB 127 HB 245

PROBATION

Authority to Pardon or Parole Vested in General Assembly; abolish State Board

of Pardons and Paroles.

SR 215

Correctional Officers Disabled in Line of Duty; disability benefits.

SB 326

County, Municipal Probation Supervision Services; private providers.

SB 69

Habitual Violators Convicted of DUI; parole limitations.

SB 321

Ineligible Persons; crimes relating to bombs and explosives.

SB 227

Municipal Courts; failure pay costs, fines; writ of fieri facias.

SB 125

Probationers Charged With a Misdemeanor Involving Injury or Threats.

SB 46

Serious Violent Felony Offenders; ineligible parole, early release.

SB 162

PROFESSIONS AND BUSINESSES (Also See Commerce and Trade) Accountancy, Practice of; firms or certified public accountants; registration; permits; titles; standards of competence. Acupuncturists and Detox Specialists; licensure; registration. Alcoholic Beverage Retail Dealers Licenses; residency of applicant. Alcoholic Beverages; brewpubs; sales to dealers; brewery tours. Auctioneers of Vehicles Under Property Sale or an Estate. Banking and Finance; corrections, additions to regulations. Businesses Installing, Servicing Fire Extinguishers Upon Own property; license exemption. Child Day-Care Facilities; persons with specified record of criminal offenses prohibited employment. Chiropractors; duty to refer patient for appropriate treatment. Chiropractors; scope of practice; definition of 'adjustments'. Code Revision; Title 43; correct errors and omissions. Commercial Environmental Testing Laboratories; accreditation. Corporations; limited liability partnerships; requirements. Cosmetology; esthetics, nail care; student apprentices; instructors. Driver Schools; standards; requirements for drivers under age 18. Driver Training Schools; instructors; licenses valid for 4 years. Employees Representing Businesses before the Magistrate Court. Engineer or Land Surveyors; persons practicing unlawfully; penalty. Fire Protection Systems, Water Sprinklers; licensure; accountability. Firearms Dealers; purchaser background check; time period for telephone inquiries. Fireworks Exhibitions; licenses; storage for use in another state. Food Service Establishments; hair nets required of food preparers. Franchise Businesses; marketing and contract rights. Home Inspectors; local governments authority to license. Hypnotherapist Licensure Act.

HB 374 SB 65
SB 111 SB 289 HB 174 SB 154
HB 415
SB 176 SB 214 SB 278 HB 123 HB 604 HB 349 SB 287 SB 241 HB 451 SB 313 HB 143 HB 505
HB 447 SB 311 HB 474 SB 246 HB 322 SB 345

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INDEX

2559

PROFESSIONS AND BUSINESSES (Continued)

Insurance Agencies and Licensees; requirements; fraudulent acts.

HB 97

Insurance Fraud Against Persons 60 Years of Age; increased penalties.

HB 233

Insurers; insolvencies, claims; surplus line provisions. ................... SB 356

Insurers; surplus line insurers; claims from an insurer's estate.

HB 584

Insurers; surplus line insurers; inapplicable provisions. . . ................. SB 358

Land Surveyors; period of limitation for damage actions; maps, plats.

HB 433

Land Surveyors; surveys or plats; damage actions; limitation period.

SB 147

Licensees; State Examining Boards authority; fees; investigations. .

SB 303

Limousine Carriers; requirements to operate; chauffeurs' permits. .......... SB 310

Marriage and Family Therapists; licensure; education requirements.

HB 272

Massage Therapists; create state licensing board to regulate.

SB 300

Mortgage Lenders; liable for homeowners insurance premium payments.

HB 478

Nurses, Physician Assistants; authority to possess certain drugs.

...... SB 20

Pharmacists and Pharmacies; revise laws regulating profession. ........ HB 330

Physical Therapists, Assistants and Aides; licensing, require ID. . . . . . . . . . . SB 228

Physician's Assistants; licensure and re-licensure. ..........

HB 238

Physicians, Primary Care; recruitment for underserved areas; loans.

SB 391

Physicians, Psychologists; emergency guardianship evaluations.

....... SB 37

Physicians; treatment of patients using experimental drugs, devices. . SB 341

Physicians; unconventional or experimental medical procedures.

SB 307

Professional Counselor, Mental Health Therapists; license exception.

HB 96

Professional Counselors and Associate Counselors; licensing.

HB 416

Professional Counselors, Marriage and Family Therapists; mental health

emergency evaluation orders.

SB 99

Professional Employer Organization Act; employee leasing companies.

SB 126

Professional Licenses; state examining boards revocation decisions.

SB 344

Professional Malpractice Actions; affidavit stating basis for claim. ........... SB 276

Psychologists; good faith actions as supervisor; liability immunity. .

HB 274

Real Estate Appraisers; classification; regulation; violations.

HB 172

Real Estate Brokerage Services; commissions; contractural rights. ......... HB 255

Real Estate Licensees, Brokers, Schools; state board regulations.

HB 173

Respiratory Care Professionals; board approved continuing education.

HB 138

Speech-Language Pathologists; license exception; education entities.

HB 416

Sports Officials; independent contractors; Workers' Compensation.

SB 263

Used Motor Vehicle Dealers; security interest; disclose to purchaser.

SB 196

Water System Operators; high school education requirements.

HB 345

PROPERTIES COMMISSION (See Property Conveyances or State Government)

PROPERTY

Accusations of Illegal Drug Activities; may be declared a nuisance. ........... SB 7

Ad Valorem Tax; commercial vehicles; separate class of property.

HB 418

Ad Valorem Tax; county appraisal staff procedural manual.

HB 429

Ad Valorem Tax; delinquent taxes; collection by tax execution. .............. SB 270

Ad Valorem Tax Digests; completion by July 1; statewide application.

SB 137

Ad Valorem Tax; exemption; homestead, inventory, public property;

filing properly; tax digests deadlines.

HB 459

Agents Holding Power of Attorney; transferring property ownership.

HB 55

Cemeteries or Memorials; criminal offense of vandalism; punishment.

HB 840

Commercial Property Proposed to be Annexed by a Municipality.

SB 251

County Documents and Court Records; storage locations; retrieval.

SB 324

Deeds; security instruments; nonpayment of intangible recording tax.

HB 306

Divorce; awards of real property; filing, recording.

HB 408

Engineer or Land Surveyors; persons practicing unlawfully.

HB 143

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2560

JOURNAL OF THE SENATE

PROPERTY (Continued)

Estates; inheritance; Probate Code Revisions, OCGA Title 53.

HB 245

Fire Extinguishers; servicing or installing upon own property; license

exemption.

HB 415

Forfeiture of Property and Proceeds Obtained Through Medicaid fraud.

HB 377

Garnishment; summons upon financial institutions; delivery to court. . . . . . HB 307

Historic Preservation and Community Revitalization; study committee.

HR 425

Home Improvement Contract Regulation Act.

SB 295

Insurance; homeowners; escrow agreements; mortgage lender liability.

HB 478

Insurers; clarify premium tax assessed for Firemen's Pension Fund.

HB 333

Intangible Recording or Real Estate Transfer Taxes; distribution.

HB 84

Land Belonging to Parent in Possession of Child; presumption of gift.

SB 230

Land in Chattahoochee River Stream Corridor; maps, plats, surveys.

HB 433

Land Surveyors; damage actions against; period of limitation. . ........... HB 433

Land Surveyors; surveys or plats; damage actions; limitation period. ........ SB 147

Land Zoned for Commercial Use; tort liability of owner; insurance.

SB 388

Landowners; tort liability for hazardous conditions; negligence. . .

.SB 213

Liens; abandoned or derelict vehicles; removal and storage costs.

SB 249

Liens; cost to state for correcting hazardous material releases. ............. HB 470

Liens; disputed motor vehicle repair transactions.

SB 225

Liens; real property; nonconforming liens.

HB 533

Mechanics and Materialmen Liens; contracting party payments.

HB 298

Minors; malicious damage to another's property; parent liability. ......... SB 89

Mortgages, Conveyances to Secure Debt; home equity lines of credit.

SB 175

Mortgages; instruments securing fixtures of railroad and utilities.

HB 533

Motor Vehicle Certificate of Title; joint interest; surviving owner. .......... HB 387

Municipal Corporate Limits; annexation or deannexation methods.

HB 217

Offense of Criminal Trespass; property of minor's parent, guardian.

HB 100

Outdoor Luminaires Spilling Direct Light Beyond Property Boundaries.

SB 329

Pawnbrokers; vehicle title pawn transactions; regulation. .................. SB 239

Power of Attorney; clarify when agent's authority terminates.

SB 183

Property Tax Equity; local taxing jurisdictions; study committee. ........... SR 274

Property Taxes, Joint Committee to Study; equity of taxation.

SR 275

Public Buildings; penalty to possess or transport destructive devices or

explosives with intent to destroy.

SB 227

Real Estate Appraisers; classification; regulation; violations. ....... ....... HB 172

Real Estate Brokerage Commission Agreements; contractural rights.

HB 255

Real Estate Commission; rules and regulations; licensees; brokers.

HB 173

Real Estate Information; county records indexes; implementation of a

uniform format for automated information system. ................

HB 524

Rental; owners, managers; disclose name, address, telephone number. ... SB 281

Rental Property; premises repaired by tenant; deduct from rent due.

SB 223

Residential Building Permits Forms; information relative lien laws.

HB 322

Residential; restrict location of adult bookstores or movie houses.

SB 62

Rock Quarrying Activities; urge local review every two years. ........ ... SR 389

Seizure, Sale, Foreclosure; enforcement of child support order.

HB 284

Sport Shooting Ranges; noise control; when actions against limited. .......... SB 8

State Property No Longer Needed for Road Purposes; disposition.

SB 76

Tax Delinquent Properties; utilization for public purposes.

SB 143

Tax Executions; notice to owners; sales, transfer in lot blocks.

SB 270

Tax Executions; selling and transferring in lot blocks. ................... HB 185

Tax Sales; redemption payment; amount required.

HB 388

Theft by Conversion of Rented, Leased Property; replacement costs. .... HB 178

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INDEX

2561

PROPERTY (Continued)

Trespass Upon or Damage to Realty; periods of limitation of actions. ....... HB 251

Unclaimed Property; abandonment of unpaid wages; revert to issuer.

SB 217

Vandalism to a Place of Worship Causing Injuries; penalty.

.... SB 226

PROPERTY CONVEYANCES (Also See State Government)

Albany; certain DHR property; Dougherty County build new facility.

HR 142

Bainbridge Probation Office Former Location; convey Decatur County.

HR 142

Baldwin County; state properties inventory; committee to study. . ........ SR 151

Brook Run Facility Campus; proposed closure; study best usage;

designate urban greenspace.

........

........ ........ SR 167

Burke County for Satellite Center to Augusta Technical Institute. .......... SR 148

City of Atlanta; lease state property for recreational facilities. ........ ... HR 401

City of Reynolds, Taylor County; surplus National Guard Armory. ....... HR 272

Department of Children and Youth Services; lease of state property. ....... HB 496

Douglas County; surplus Georgia Forestry Commission property. . . ... HR 271

Grant Easements in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Newton,

Sumter, Troup, Baldwin Counties.

..................... SR 164

Homerville, Clinch County; surplus Forestry Commission property.

HR 271

Macon Technical Institute; exchange tracts with Wiggins Associates. ....... HR 139

Milledgeville-Baldwin County Development Authority for Industrial

Development; and lease to Baldwin County for recreation purposes.

SR 143

Pelham Farmer's Market; unimproved portion; convey City of Pelham.

HR 167

Savannah River; grant easement for tunneling for utility services to Hutchinson

Island; Chatham County.

.... SR 196

State Property Leases, Disposal; Baldwin, Fulton, Gwinnett Counties.

SR 166

Stone Mountain Property Located Gwinnett County; sell or exchange. ....... SR 213

Surplus National Guard Armory in Sparta; convey Hancock County.

SR 125

Surplus Tract; convey to Chatham County to extend Truman Parkway.

SR 130

Utility Easements in Dougherty, Jasper, Macon, Ware, Bibb Counties. ...... SR 165

PROSECUTING ATTORNEYS' COUNCIL OF GEORGIA; Purpose and

Functions; fiscal operations of district attorneys and solicitor-general

offices.

........

..................... HB 124

PROSTITUTION; seizure and forfeiture of vehicles used in soliciting. ........ SB 158

PSYCHOTHERAPY PRACTITIONERS (Also See Therapists)

Clinical Social Workers for Nursing Homes; Medicaid reimbursement. .

SB 308

Damage Actions Alleging Professional Malpractice; filing. .................. SB 276

Emergency Evaluation; incapacitated adults temporarily out of state.

. SB 37

Health Service Provider Psychologists; staff privileges; orders.

....... SB 219

Hypnotherapist Licensure Act; scope and duties of practice. . .............. SB 345

Medicaid Reimbursement; institutions for mental diseases. ............. HB 465

Mental Disorders; prohibit health insurers impose treatment limits. .

SB 245

Mental Health Involuntary Treatment Emergency Evaluation Orders.

.... SB 99

Professional Counselors; licensing; exception; employees of certain state agency

or department.

.....................

HB 96

Psychologists; good faith actions as supervisor; liability immunity.

. . . HB 274

PTA, GEORGIA PARENTS AND TEACHER MEMBERS; recognizing.

SR 137

PUBLIC ASSISTANCE (Also See Social Services or Human Resources or Medicaid)

AFDC Benefits; require name child's father on birth certificate. ............. SB 195

Food Stamp Coupons; overissuances; withhold unemployment benefits.

. SB 148

Fraud; food stamp coupons; investigations of financial records. ............ SB 104

Medicaid; contributions toward funding medical teaching hospitals. ........ HR 249

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2562

JOURNAL OF THE SENATE

PUBLIC ASSISTANCE (Continued)

Medicaid; enrolling recipients in an HMO; marketing restrictions.

SB 390

Medicaid Fraud; efforts to control; commend Department of Audits.

SR 234

Medicaid Fraud Forfeiture Act; unlawful acts committed by providers. ..... HB 377

Medicaid; immigrants and migrant workers; committee to study impact of

Temporary Assistance for Needy Families Act/TANF. . . .

... SR 219

Medicaid, Market Based Reform Act; establish pilot program. .

SB 260

Medicaid Patients; prescription drug services; change restrictions.

... SB 139

Medicaid Prescription Drugs; nursing facilities; reuse of unused single dosage

drugs.

HB 273

Medicaid; providers committing certain offenses; deny participation.

SB 44

Medicaid Providers; refunds of prescription drug rebates.

HB 371

Medicaid; providers; unlawful acts and penalties; hearings, appeals. ......... SB 304

Medicaid; reimbursement; clinical social workers for nursing homes.

SB 308

Medicaid; reimbursement; independent diagnostic radiology services. ........ SB 238

Medicaid; reimbursement; inpatient care for mental diseases.

HB 465

Medicaid; Study Committee on Appropriate Medicaid Reform; create. ....... SR 371

Money Payments by Check or Electronic Transfer.

..... SB 104

Social Assistance Register; DHR establish.

SB 104

Teenage Recipients; require parenting education and home economics. ....... SB 41

Unwed Mothers; liability of fathers for child support; enforcement. .......... SB 58

PUBLIC EDUCATION REFORM ACT OF 1997.

SB 387

PUBLIC ENVIRONMENTAL ENFORCEMENT ACT OF 1997.

SB 174

PUBLIC GATHERINGS; clarify carrying of firearms by licensed persons. . . SB 247

PUBLIC MEETINGS, RECORDS

GCIC Records; state registration program; sexually violent predators. ....... SB 105

Hospital Authorities; business transactions; financial disclosure.

. SB 220

Pardons and Paroles Board; citizen input; electronic call system. ............. SB 23

Pardons and Paroles Board; citizen inquiry; electronic call system.

SB 242

Pardons and Paroles Board; votes cast by members; release to public. ... . . SB 201

Sex Crime Offenders; notices of release; residency restrictions.

SB 375

Sex Offenders Convicted Other States; registration; notifications.

SB 39

State Agencies; records disclosure; privacy of personal information. ......... SB 135

PUBLIC OFFICERS AND EMPLOYEES (Also See State Government or Specific

Agency)

Administrative Law Judges Assisting State Personnel Board. . .......... SB 33

Agriculture Commissioner; powers; subpoenas; records inspection.

..... SB 102

Bomb Disposal Technicians; certified designation. ........ .

SB 173

Chief Medical Examiner; duties; death investigations activities.

... HB 557

Commissioner of Juvenile Justice; name changed from Commissioner of

Children and Youth Services. ........

............. HB 622

Compensation of Public Officials; place authority in a citizens commission;

amend Constitution. .

........... ........... HR 296

Correctional Officers Disabled in Line of Duty; disability benefits. ........ SB 326

Court Administrators, Georgia Council of; creation. .......

.SB 306

Department of Archives and History; director; appointment; term. ...... HB 308

District Attorneys' Offices; compensation of state paid personnel.

HB 124

Elected Officials; candidates for office; prohibited agency mailings.

. SB 268

Elections; campaign financing; small contributors; study of.

.... SR 270

Elections; primaries to nominate candidates; change the dates. . . ........ SB 204

Employment Termination; involuntary separation restrictions.

...... SB 271

Executive Branch; privatization contracts; employee assistance. ............. SB 262

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INDEX

2563

PUBLIC OFFICERS AND EMPLOYEES (Continued)

Executive Branch; privatization proposals; notify certain officials.

SB 57

General Assembly Members; crediting time toward Teachers Retirement.

SB 277

General Assembly Members; election campaign expenditure limitations.

SB 248

General Assembly Members; term limitations; six two-year terms.

SR 216

Georgia Capitol Museum; division of Secretary of State's Office.

HB 308

Governor; designate as State Commissioner to ACF Basin Commission.

HB 149

Governor; designate as State Commissioner to ACT Basin Commission.

HB 148

Health Insurance Plan; inclusion of county officers, employees, retirees and

Sheriffs' Retirement Fund employees. ...........................

SB 91

Indemnification; DOT Highway Employees working hazardous conditions.

SB 117

Law Enforcement Officers Engaging in Political Activities.

SB 53

Local School Superintendents; provide for election.

SR 76

Metropolitan Area Planning & Development Commission;

mayoral members.

HB 208

Military Duty; compensation; salary limits for federal fiscal year.

SB 335

Motorcycle Safety Training, State-wide Coordinator; appointment.

HB 695

Municipal Training Institute, Harold F. Holtz; designate new name.

SB 94

Notaries Public; certification; transfer functions to Superior Court Clerks

Cooperative Authority. .............................................. SB 284

Pardons and Paroles Board; members, employees; holding public office.

HB 407

Public Office; persons ineligible; defaulting taxpayers.

SR 6

Public Officers; special license plates; transfer between vehicles.

HB 205

Public Safety Department; discipline and dismissal procedures.

SB 141

Public Service Commission; elections; 5 single-member districts.

HB 95

Reduction in Force by State Agencies Eliminating Positions; notices.

SB 59

Secretary of State; duties; officials directory; appoint Director, Department of

Archives and history; Georgia Capitol Museum.

HB 308

Secretary of State; membership on State Properties Commission.

SB 172

Senate Members; election to four-year terms; amend Constitution.

SR 161

Senate Members; minimum age to be elected; amend Constitution.

SR 41

Sheriffs; minimum annual in-service training; new sheriffs training.

HB 97

State Board of Education; election of members by General Assembly.

SR 37

State Examining Boards; joint-secretary; collection of fees.

SB 303

State Office Campaign Finance Joint Study Committee; create.

SR 255

State Office Campaign Finance Study Committee; create.

SR 254

State Personnel Oversight Commission; creation.

SB 271

State School Superintendent; qualifications.

SB 25

State School Superintendent; qualifications for office.

SR 170

State School Superintendent; qualifications; repeal provisions.

SB 236

Transportation Commissioner; membership on State Depository Board.

SB 119

PUBLIC RECORDS Business and Industry Recruitment; specific identity protected. County Documents and Court Records; storage facility locations. ........ Disclosure Exemption; training materials related to explosives. Emergency 911 Systems; performance reports; public inspection. GCIC Records; state registration program; sexually violent predators. Georgia Electronic Records and Signatures Act; enact. Inmate Parole Considerations; citizen input; electronic call system. Inspection; local government construction projects specifications. Inspection of Criminal Arrest Records; restrict access certain cases. Juvenile Law Enforcement Records of Offenses Constituting a Felony. Juveniles; court records of legitimation, paternity, adoption cases.

SB 12 SB 324 SB 173 HB 278 SB 105 SB 103
SB 23 HB 32 HB 183 HB 506 SB 26

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2564

JOURNAL OF THE SENATE

PUBLIC RECORDS (Continued) Office of Treasury and Fiscal Services; standards for public access. Pardons and Paroles Board; votes cast by members; public inspection. Parolee Records of Felony Offenders; citizen electronic call system. Public Retirement System Records; limit public inspection. Sex Offenders; register residency; inform local school officials. Social Security Numbers Are Confidential, Not Subject to Disclosure. State Agencies; restrict disclose certain personal information. State Examining Boards; investigative information disclosure; fees.

HB 558 SB 201 SB 242 HB 334 SB 39 HB 744 SB 135 SB 303

PUBLIC RETIREMENT SYSTEMS STANDARDS LAW (See Retirement and Pensions)

PUBLIC SAFETY (Also See Motor Vehicles or Law Enforcement)

Board; duties; Medical Examiner Advisory Commission.

HB 557

Bombs, Explosives Disposal; personnel; actions without a court order.

SB 227

Driver's License, ID Cards; repeal fingerprinting requirement.

SB 2

Driver's Licenses; delete fingerprint requirements.

SB 164

Driver's Records or Personal Information; disclosure restrictions.

HB 587

Emergency Telephone Number 911; duties of public safety responder.

SB 379

Emergency 911 Telephone Systems; performance reports; inspection.

HB 278

Law Enforcement Personnel Injured Line of Duty; disability benefits.

SB 291

Law Enforcement Personnel; repeal mandatory retirement age;

HB 380

Merit System Employees; discipline and dismissal procedures.

SB 141

Motorcycle Safety Training Program; administration; coordinator.

HB 695

Police Chiefs, Department Heads, Wardens; training required; waivers.

HB 288

State Patrol Law Enforcement Efforts During Olympic Games; heroic efforts at

Centennial Olympic Park; commend.

SR 452

Training Center; additional powers, duties relative to training.

HB 673

Training Center; appropriated funds; percentage of employed officers.

SB 200

Vehicle Emergencies; require certain reflectors, roadway placement.

SB 394

PUBLIC SCHOOLS (See Education or Schools)

PUBLIC SERVICE COMMISSION Limousine Carriers; certificate of public convenience; requirements. Members; compensation; create a citizens commission to fix salaries. Members; election from 5 single-member districts; qualifications. Natural Gas Competition and Deregulation Act; jurisdiction; powers. Public Utilities; violations; maximum penalties recoverable by PSC. Telephone Service; implementation of 22 mile toll-free expanded calling area; concurrent rate increase; subscriber balloting. Telephone Subscribers Objecting to Unsolicited Calls; database of numbers; solicitors prohibited call numbers included. Utilities; municipal service providers; nondiscriminatory access.

SB 310 HR 296
HB 95 SB 215 SB 130
HB 888
HB 71 SB 343

PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation) Emergency Telephone 911 System Funds; authorized disbursements. Hazardous Material Releases; cost to state to correct; lien claims. Highways; revise state developmental highway projects. Joint Georgia Transportation Study Committee; creation. Mass Transportation; designated travel lanes; vehicles bearing alternative fueled vehicle license plates. ..... .............................. Municipal Corporation Free Enterprise Encouragement Act. Natural Gas Competition and Deregulation Act; enact. Outdoor Advertising; tree trimming permits; vegetation replantings. Public Service Commission; elections; 5 single-member districts.

SB 237 HB 470 SB 314
SR 72
SB 116 SB 343 SB 215 SB 337 HB 95

Refer to numerical index for page numbers

INDEX
PUBLIC UTILITIES AND TRANSPORTATION (Continued) Public Transportation; regional and state-wide plans; projects. Public Utilities; violations; maximum penalties recoverable by PSC. Railroad, Electric or Gas or Telephone Utilities; mortgages; perfecting instruments securing obligations. Telephone Service; toll-free 22 mile expanded calling areas. Telephone Subscribers Objecting to Unsolicited Calls; PSC maintain database of numbers; solicitors prohibited call numbers included. Transportation Projects; pedestrian walkways; bicycle facilities. Underground Gas Pipes, Utilities; proposed blasting; definition.
PULASKI COUNTY Board of Education; nonpartisan elections. Ratify Transfer from Heart of Georgia-Altamaha RDC to Middle GA RDC.
PUTNAM COUNTY Magistrate Court; chief magistrates; nonpartisan election. State Court; existence and situs; modernize provisions.

2565
SB 118 SB 130 HB 533 HB 888 HB 71 SB 145 SB 269
HB 1022 HR 105
SB 233 HB 805

Q

QUALITY BASIC EDUCATION ACT (Also See Education)

Georgia Education Local Control Act of 1997.

SB 381

Grant Programs Targeting At-Risk Students; local systems may apply.

SB 97

Grants; middle school programs; delete certain qualifying provision.

SB 331

Grants; middle school programs; eligibility.

HB 383

Local Fair Share Formula; alternative method of calculating.

SB 193

Local Fair Share Funds; systems experiencing increased student count.

SB 192

Local School Districts Capital Outlay Expenditures; funding method.

SB 377

Local School Systems; contracts with other educational entities.

SB 336

Local School Systems; reimbursement of certain litigation expenses.

HB 383

Local School Systems; spending; energy cost savings measures; contracts with

other education entities.

SB 301

Public Education Reform Act of 1997.

SB 387

QBE; midterm adjustment amount; personnel training and experience.

SB 194

QBE; program weights; maximum K-2 students taught by one teacher.

SB 60

QUITMAN COUNTY; Superior Court; Pataula Circuit; judges supplement. HB 931

R

RACKETEER AND CORRUPT ORGANIZATIONS ACT Applicable interrelated criminal activity patterns.
RADAR SPEED DETECTION DEVICES Regulate Usage in Certain Areas; operation by certified officer. Regulate Usage; operation only by a certified peace officer.
Refer to numerical index for page numbers

SB 282
HB 190 HB 398

2566

JOURNAL OF THE SENATE

RADIOLOGY Radiology; independent diagnostic services; Medicaid reimbursement. Technicians; damage actions alleging professional malpractice.

SB 238 SB 276

RAFFLES; Charitable Entities Offering Sale of Tickets to Highest Bidder.

HB 283

RAILROADS Conrail Merger or Acquisition; urge U.S. DOT consider public needs. CSX Railroad; urge reopen railroad crossings in Marietta. Georgia Rail Passenger Authority; direct study; passenger service. Rail Passenger Authority; projects; public transportation facilities. Real Property; perfection of instruments securing obligations. Relative Conrail Acquisition Plan; support balanced competition, competitive freight service and rail passenger corridors. Supporting Commuter Rail Service Development on Existing CSX Tracks. Surface Transportation Programs; create committee to study. Transportation Facilities and Impact on State; committee to study.

SR 286 SR 286 SR 286 SB 118 HB 533
SR 178 SR 62
SR 303 HR 464

RALSTON, WILLARD OF GILMER COUNTY; commend.

SR 250

RAMADAN AND THE ISLAMIC COMMUNITY; recognizing.

SR 110

RAMEY, TERRY; commend.

SR 155

RANDOLPH COUNTY City of Shellman; change corporate limits. Superior Court; Pataula Judicial Circuit; judges salary supplement.

HB 983 HB 931

RAPE Convicted Persons Prohibited Employment at Child Care Facilities. Crimes of Rape, Aggravated Sodomy; mandatory term of imprisonment. Health Insurers; discriminatory acts against victims of violence. Juvenile Offenders Age 13 to 17; designated felony provisions. Offenses Against a Minor Denned as Sexually Violent.

SB 176 SB 15 SB 186 SB 132 SB 105

RAY, SENATOR WALTER; resignation from the Senate

Page 2

REAL ESTATE (Also See Property or Professions) Agents; restrict power of attorney to transfer property ownership. Appraisers; regulations; standards of conduct; applicants. Brokerage Commission Agreements; contractural rights of brokers. Engineer or Land Surveyors; persons practicing unlawfully. Housing Affordability; effect of proposed legislation, agency rules. Intangible Recording or Real Estate Transfer Taxes; distribution. Land in Chattahoochee River Stream Corridor; surveys; maps, plats. Land Surveyors; damage actions against; period of limitation. Land Surveyors; surveys or plats; damage actions; limitation period. Land Zoned for Commercial Use; tort liability of owner; insurance. Mortgage Brokers, Lenders; lock-in agreements; interest rates. Mortgage Lenders; homeowners insurance premiums; payment liability. Mortgages, Conveyances to Secure Debt; home equity lines of credit. New Single-family Homes With Accessibility Features; tax credit. Property; rebuttable presumption of a gift by the parent to child. Property Records; county indexes; automated system; uniform format. State Commission; rules, regulations; schools; licensees; brokers. Trespass Upon or Damage to Realty; periods of limitation of actions.

HB 55 HB 172 HB 255 HB 143 SB 275 HB 84 HB 433 HB 433 SB 147 SB 388 SB 154 HB 478 SB 175 HB 417 SB 230 HB 524 HB 173 HB 251

Refer to numerical index for page numbers

INDEX

2567

REAPPORTIONMENT House of Representatives; election districts; change descriptions. Municipal Election Districts; additional modification. Senatorial Districts; descriptions; effective elections of 1998. Senatorial Districts 48 and 56; change descriptions.

HB 958 SB 113 SB 382 SB 250

RECYCLING Beverage Containers; refundable deposit-redemption incentives. Recycling and Economic Development Study Committee; create. Recycling and Solid Waste Reduction Fund; amend Constitution. Special License Plates to Promote; fees for solid waste trust fund.

SB 191 SR 112
SR 56 .......... SB 63

REDDICK, HARRY CLEVELAND 'BUDDY"; designate parkway to honor. SR 260

REEVES, DAN; Atlanta Falcons Head Coach; congratulating.

SR 108

REGIONAL DEVELOPMENT CENTERS Change Boundaries; transfer Jasper County to Northeast Georgia RDC. Change Boundaries; transfer Pulaski County to Middle Georgia RDC. Creation of For-profit Corporations; participate in federal program. Historic Preservation, Community Revitalization; strategic planning. Local Government Service Delivery Strategy; cooperative agreements. Motor Vehicles Purchased With Public Funds; identifying markings.

HR 398 HR 105 SB 389 HR 425 HB 489 SB 349

RENTAL TRANSACTIONS (Also See Landlord) Landlords; premises in need of repairs; remedies for tenants. Real Estate Brokerage Commission Agreements; contractural rights. Rental Car Companies; access to Driver's License Records. Rental Motor Vehicle Agreements; collision damage waivers. Rental Property; landlords; disclose name, address, telephone number. Theft by Conversion of Rented Equipment; payment of replacement cost. Utility Trailers; registration and licensing of certain trailers.

SB 223 HB 255 HB 587 SB 167 SB 281 HB 178 HB 205

RESERVE OFFICERS ASSOCIATION MONTH; declaring.

HR 281

RESIDENTIAL PROPERTY Home Equity Lines of Credit; additional draws; open-end clauses. Home Improvement Contract Regulation Act. Zoning Restrictions; location of adult bookstores or movie houses.

SB 175 SB 295
SB 62

RESPIRATORY CARE PRACTICE Respiratory Care Professionals; continuing education requirements. Therapists; damage action alleging professional malpractice; filing.

HB 138 SB 276

RESTAURANTS (See Food Service Establishments)

RETIREMENT AND PENSIONS

Boards of Trustees; investments in certain corporations.

HB 463

Economic Security 2000; workers investment incentives; supporting.

SR 307

Employees of Department of Juvenile Justice and Board.

HB 622

Employees' System; assign State Personnel Oversight Commission. ......... SB 271

Employees' System; creditable service; military service; former teachers

employed by U.S. Defense Department. ..................... ........... SB 109

Employees' System; disability benefits; law enforcement personnel. ....... SB 291

Employees' System; disability benefits; parole, probation officers.

SB 326

Employees' System; law enforcement personnel; retirement age. ........ HB 380

Employees' System; options for employees of Lottery Corporation. ........... SB 290

Employees System; qualify payments required under federal tax laws.

HB 339

Firemen's Pension Fund; expand membership to certain fire fighters.

SB 128

Refer to numerical index for page numbers

2568

JOURNAL OF THE SENATE

RETIREMENT AND PENSIONS (Continued) Firemen's Pension Fund; premium tax assessed insurance companies. Firemen's Pension Fund; rename as Firefighters' Pension Fund. Firemen's Pension Fund; rename Georgia Firefighter's Pension Fund. Georgia Military Pension Fund; creation. Georgia Military Pension Fund; creation. Government Reorganization and Termination from Employment Reform Act. Involuntary Separation Retirement Benefits; restrictions; approval. National Guard Members; create a Georgia Military Pension Fund. National Guard Members; establish a Georgia Military Pension Fund. Peace Officers' Fund; retired members; carrying of firearms. Public Systems; certain records, meetings excluded public disclosure. Sheriffs' Retirement Fund; employees; state health insurance plan. State Personnel Oversight Commission; creation. Teachers Retirement; creditable service; forfeited leave. Teachers Retirement; creditable service; teaching in private school. Teachers Retirement; creditable service; U.S. Defense Department. Teachers Retirement; crediting of time; General Assembly members. Teachers Retirement; membership; employees of charter schools. Trial Judges and Solicitors; change mandatory retirement age to 75.

HB 333 HB 337 HB 340 SB 168 SB 322
SB 271 SB 271 SB 168 SB 322 SB 247 HB 334
SB 91 SB 271 SB 79 SB 328 SB 108 SB 277 SB 70 HB 348

REVENUE AND TAXATION

Ad Valorem; commercial vehicles; separate method of valuation.

HB 418

Ad Valorem; delinquent properties; collection by tax executions.

SB 270

Ad Valorem; exemption; applicability to homestead, inventory, public property;

county tax digest deadlines.

HB 459

Ad Valorem; heavy-duty equipment; separate subclass, valuation.

HB 419

Ad Valorem; property appraisal procedural manual.

HB 429

Ad Valorem Tax Digests; time for revisions, assessments, appeals.

SB 137

Ad Valorem; taxpayer appeals of assessments; time period.

SB 137

Ad Valorem; vehicles subject to taxation; plates issued to owners.

SB 115

Ad Valorem; vehicles subject to taxation; registration, licensing.

HB 205

Alcoholic Beverage Licensees; sales to underage persons; penalties.

SB 266

Alcoholic Beverages; retail dealer licensing; applicant's residence.

SB 111

Alcoholic Beverages; unlicensed residents; prohibit direct shipments from

another state or country.

HB 119

Appropriations; General; SFY 1997-1998.

HB 204

Appropriations, Supplemental SFY 1996-1997; reallocate funds.

HB 34

Appropriations; total outlays; prohibit exceed revenue sources.

SR 248

Automobile Taxation; joint committee to study simpler methods.

SR 271

Automobile Taxation; Senate committee to study simpler methods.

SR 272

Bond Issuance Practices, Procedures; committee to study.

SR 290

Business and Occupation Taxes; assisted living facilities.

HB 287

Code Revision; Title 48; correct errors and omissions.

HB 123

Commissioner; authority; local sales tax for educational purposes.

HB 165

Commissioner; powers; tax settlements; discharging unpaid debts.

HB 479

Department; Motor Vehicle Division; records; electronic transactions.

HB 487

DUI Penalties; allocate for Brain and Spinal Injury Trust Fund.

SR 144

Excise Taxes Funding Certain Public Facilities; moratorium on sewer

connections not applicable.

SB 19

Excise Taxes; hotel-motel; community auditorium or theater facility.

HB 508

Excise Taxes; hotel-motel; convention and conference center purposes.

HB 425

Excise Taxes; hotel-motel; guest charges; cap aggregate tax rate.

HB 609

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INDEX

2569

REVENUE AND TAXATION (Continued)

Excise Taxes; hotel-motel; levy by a local consolidated government.

HB 94

Excise Taxes; hotel-motel; levy for certain trade center; museums.

HB 706

Excise Taxes on Rental Vehicles; funded projects; sewer connections.

HB 528

Exemptions and Abatements; Enterprise Zone Employment Act of 1997.

HB 663

Farm Wineries; state licensing; authorized sales on premises.

HB 93

General Assembly; fiscal affairs subcommittees; budget transfers.

SB 197

Georgia Tax Code; incorporate provisions of federal laws.

HB 83

Income Tax; corporate credit card data processors; income apportionment

formula.

HB 424

Income Tax; credit for qualified family caregiving expenses; refund setoff for

debts owed to political subdivisions.

HB 517

Income Tax; credit; purchase or retrofit single-family home with accessibility

features; qualifying expenditures.

HB 417

Income Tax; employer withholding tax; electronic transmissions.

HB 479

Income Tax; employers of persons receiving public assistance.

SB 104

Income Tax; exclusion; certain partnerships dealing in securities.

HB 241

Income Tax; exemption; interest earned on medical savings accounts.

SB 279

Income Tax; job tax credit; certain areas; basis of calculations.

HB 151

Income Tax; job tax credit; qualifying businesses; Tier 1 counties.

HB 378

Income Tax; job tax credit; telecommunication industries; businesses expanding

research; small companies growth incentives.

HB 428

Income Tax; refunds; contribution to Silver-Haired Legislature Fund.

SB 151

Income Tax; repaid income qualifying as a refundable tax credit.

HB 85

Insurance Premium Tax Levied by Counties; expenditure of proceeds.

HB 492

Intangible Recording or Real Estate Transfer Taxes; distribution.

HB 84

Intangible Recording Tax on Security Instruments; failure to pay.

HB 306

Job Tax Credit; business taxpayers; calendar year or taxable year.

HB 151

Labor Department; appropriations from Unemployment Trust Fund.

HB 213

Land Bank Authorities; operation by consolidated governments.

SB 143

Legislation for Revenue or to Appropriate Money; introduction.

SR 55

Legislation Providing or Increasing State Taxes, Fees, Assessments or Charges;

approval by 2/3's of General Assembly.

SR 147

Local Option Sales Tax; referendum elections to decide imposition.

SB 264

Local Option Sales Tax; special county 1%; termination date.

HB 15

Local Revenues or Expenditures; Acts affecting; effective dates.

HB 188

Motor Vehicle License Fees and Plates; ad valorem taxes; ownership.

HB 205

Office of Treasury and Fiscal Services; restrict access to certain records;

authorized deposits and investments.

HB 558

Persons Defaulting on Taxes Owed Ineligible Hold Public Office.

SR 6

Premium Taxes for Firemen's Pension Fund; clarify; refund claims.

HB 333

Property Sold for Taxes; amount payable for redemption.

HB 388

Property Tax Study Committee; create.

SR 274

Property Taxes, Joint Committee to Study; create.

SR 275

Revenue Bonds; Georgia Education Authority (University) GEA(U).

SB 292

Revenue Bonds; issuance by Golf Hall of Fame Authority.

HB 866

Revenue Department; hearings; Administrative Procedure Act.

HB 171

Sales Tax; delinquent taxpayers; fi. fa.; electronic transmissions.

HB 479

Sales Tax; exemption; aircraft engine remanufacturing equipment.

HB 70

Sales Tax; exemption; machinery components; air quality equipment.

HB 490

Sales Tax; exemption; motor fuel used in commercial fishing.

SB 362

Sales Tax; Homestead Option, HOST Tax; purposes; expending proceeds.

HB 60

Sales Tax; Homestead Option Tax; change limitations; food exemption.

HB 165

Sales Tax; local special purpose taxation; referendum elections.

SB 264

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2570

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued)

Sales Tax; special county 1%; date of termination.

HB 15

Sales Tax; special county 1%; homestead option tax; tax for local educational

purposes; change, define provisions; exemptions.

HB 165

Sales Tax; special county 1%; prior to issuing call for referendum; notification to

municipal officials.

HB 490

Sales Tax; special county 1%; purposes; expenditure of proceeds.

HB 531

Sales Tax; special purpose county; proceeds not used for landfill.

HB 228

State Depositories; foreign bank designation; restrictions.

SB 95

State Depository Board; add member; conflict of interest voting.

SB 119

Tax Delinquent Properties; acquisition for public purposes.

SB 143

Tax Executions; notice of levy; lot blocks sales and transfers.

SB 270

Tax Executions; selling and transferring in lot blocks.

HB 185

Tax Returns, Payments, Refunds, Executions; electronic transmissions;

signatures; discharging uncollectable accounts.

HB 479

REVENUE BONDS Georgia Education Authority (University) GEA(U); funded projects. Golf Hall of Fame Authority, Board; issuance; investments. State and Local Bond Issuance Procedures; committee to study.

SB 292 HB 866 SR 290

REYNOLDS, CITY OF; conveyance of surplus National Guard Armory property.

HR 272

RICE, ANNE; commend.

SR 188

RICHARDS (BOB) YOUTH DETENTION CENTER; honoring dedication. SR 358

RICHARDSON, CHRISTOPHER; University System Scholar; commend.

SR 414

RICHMOND COUNTY Ad Valorem; homestead exemption; disabled residents; referendum. Augusta-Richmond County Coliseum Authority; appointment of members. Augusta-Richmond County Coliseum Authority; membership; appointment. Board of Commissioners; tie votes; chairperson-mayor. Boards, Commissions, Committees, Authorities; appointment. Certain Elected County Officials; compensation. Commission-Council; voting member; chairperson-mayor. Richmond County and Augusta Consolidated Government; designate name. State Court; additional judge; chief judge. State Court; create second division; successor to Municipal Court of Augusta-Richmond County State Court; solicitor; full-time position.

SB 152 HB 216
SB 11 SB 9
SB 10 HB 766
SB 49 HB 662 HB 1020
HB 1016 HB 1019

RICHMOND HILL AREA CONVENTION AND VISITORS BUREAU AUTHORITY; members.

HB 829

RICKARDS, KRISTY; University System Scholar; commend.

SR 416

RINCON, CITY OF; new charter.

HB 194

ROBBERY, ARMED (Also See Crimes) Convicted Persons Prohibited Employment at Child Care Facilities. Juveniles; designated felony provisions.

SB 176 SB 132

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INDEX

2571

ROBERTS, MARY ANN; commend. ....................................... SR 163

ROBINSON, JOHN ROOSEVELT "JACKIE"; honoring.

SR 438

ROBINSON, SHERIFF'S DEPUTY WILLIAM EDWARD, IV; tribute to.

SR 126

ROCKMART, CITY OF; Congratulating.

SR 117

RODRIQUEZ, ELISA J.; University System Scholar; commend.

SR 409

ROGERS, TIFFANIE L.; University System Scholar; commend.

SR 406

ROOFING SHINGLES CONTAINING ASPHALT; disposal restrictions.

HB 57

ROSLUND, WENDY L.; claims against the state; compensate.

HR 113

ROSS, GEORGE W. Commend; designate highway in City of Eton to honor. Designate highway to honor; City of Eton.

SR 251 HR 215

ROSSI, DARIO F.; Artist and Marble Sculptor; commend.

SR 39

ROSWELL HIGH SCHOOL BASKETBALL TEAM; commend.

SR 349

ROTARY STUDENT PROGRAM OF GEORGIA; honoring.

SR 54

RULES OF THE SENATE; adopt for 1997.

Page 9

RURAL AREAS Council on Rural Transportation and Economic Development; activities. Health Manpower Shortage; recruitment of primary care physicians.

HB 621 SB 391

RUSSO, GENE C.; commend.

SR 241

RUTLEDGE; designation; Georgia's Treasures Along 20 Trail route.

HR 258

SAFETY BELTS (See Motor Vehicles)

SALES AND USE TAXES (Also See Revenue and Taxation)

Delinquent Taxpayers; writ of fieri facias; electronic transmission.

HB 479

Exemption; aircraft engine remanufacturing equipment.

HB 70

Exemption; certain food, beverages; applicable any local tax levy.

HB 165

Exemption; certain machinery, equipment used in manufacturing.

HB 490

Exemption; motor fuel used in commercial fishing.

SB 362

Homestead Option Retail Tax Levy of 1%; change certain limitations.

HB 165

Homestead Option Tax; proceeds; disbursement for projects, services.

HB 60

Local Sales Tax for Educational Purposes; implementation.

HB 165

Local Taxes; cap aggregate tax rate levied upon hotel-motel charges.

HB 609

Sales Tax for Education; Gwinnett County; proceeds distribution.

HB 279

Special County 1% or Joint County-Municipal; referendum elections.

SB 264

Special County 1%; procedure to impose; notify municipal officials.

HB 490

Special County 1%; purposes; expenditures; capital outlay projects; municipal

general obligation debt. .............................................. HB 531

Special County 1% Sales Tax; date of termination. ......................... HB 15

Special Purpose Local Option; landfill project; proceeds not used.

HB 228

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2572

JOURNAL OF THE SENATE

SANDERS, EUGENE H., 100TH BIRTHDAY; congratulating.

SR 179

SANDERS, FORMER GOVERNOR CARL E.; Georgia Aviation Hall of Fame.

SR 264

SAULS, MARILYN Jones County Tax Official; commend.

SR 15

SAVANNAH, CITY OF Ad Valorem; school district taxes; homestead exemption; referendum. City Manager; supervision of city personnel. Corporate Limits; include Hutchinson Island east of bridge. Extension of Truman Parkway; conveyance of state-owned land tract. Ralph Mark Gilbert Civil Rights Museum; official state museum. Savannah-Chatham County Board of Education; members; compensation. St. Patrick's Day in Savannah; Parade Officials; commend. St. Patrick's Day Savannah; honoring Grand Marshal Monsignor Daniel J. Bourke.

HB 639 HB 1031 HB 1053
SR 130 SB 366 HB 774 SR 259
SR 261

SAVANNAH FOODS AND INDUSTRIES, INC.; recognizing.

SR 390

SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance) Checks Drawn on Customer Account; prohibit charge fees for cashing. Financial Accounts for TANF Recipients; urge 2-year pilot project. Savings Banks, Trusts Companies; conversion, merger, consolidation. Summons of Garnishment; delivery of money or property to court.

HB 570 SR 49 SB 154
HB 307

SAWYER, DANIELLE C.; University System Scholar; commend. ............ SR 415

SCHERMERHORN, LANDORA; commend.

SR 221

SCHOLASTIC APTITUDE TEST, SAT REVIEW; test-taking skills course.

SB 85

SCHOOL SAFETY ACT; enact.

HB 567

SCHOOLS (Also See Education or Colleges or Teachers)

Adapted Sports After-school Programs; committee to study.

SR 263

After-school Activity Program for Middle School Age Children.

SB 50

Buildings, Grounds; minimum distance for alcoholic beverage sales.

SB 298

Charter School Applications; student learning improvement plans.

SB 70

Civics Day; urge establishment in public schools.

HR 362

Computer Bulletin Boards, Web Sites, Home Pages Containing Materials

Deemed Harmful to Minors; prohibited advertising.

SB 312

Contracts, Purchases; spending limits; energy cost savings measures.

SB 301

Driver's Education; authorize as high school program.

HB 409

Driver's Education; urge implement within public schools.

SR 312

Dropout Prevention; disadvantaged youth; job skills training.

SB 68

Home Study Programs; create joint committee to study.

SR 4

Language Instruction; prohibit teaching of Ebonics.

SB 51

Mandatory School Attendance Age; change from age 16 to 17 years.

SB 106

Middle School Program Grants; delete certain qualifying provision.

SB 331

Middle School Program Grants; School Security Personnel Carrying Firearms;

litigation expenses for certain children.

HB 383

Prescribed Courses; home economics including parenting education.

SB 41

Private; public tuition equalization scholarships.

SB 259

Public School Instruction; patriotic customs, respect for U.S. Flag.

HB 214

Public Schools; curriculum; character education program.

HB 393

Random Student Drug Testing; committee to study issues, problems.

SR 5

Restrict Location of Adult Bookstores or Movie Houses Near Schools.

SB 62

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INDEX

2573

SCHOOLS (Continued)

School Buses; equipment requirements; passenger seat belts.

SB 293

School Choice; public tuition assistance to attend private school.

SB 259

School Choice; Study Committee on Controlled School Choice.

SR 366

School Choice Vouchers; create joint committee to study.

SR 21

School Choice Vouchers; create Senate Committee to study.

SR 22

School Dropout Prevention; enrollment; driver's license requirements.

SB 38

School Dropouts; mandatory education to age 17; juvenile probationer.

SB 106

School Safety Act; student discipline, conduct code; violations, placement

alternative school; criminal record disclosure.

HB 567

School Security Personnel; authority to carry firearms.

HB 383

School Support Personnel Study Committee; create.

SR 397

Sex Crime Offenders; prohibit reside proximity schools upon release.

SB 375

Student Code of Conduct; acts punishable by expulsion, suspension.

SB 92

Student Discipline; chronic problems; when not readmitted classroom.

SB 129

Student Discipline; require uniform student dress code.

SB 305

Student Discipline; School Safety Act; juvenile criminal records.

SB 161

Students, Grades K-2; maximum number who may be taught by a teacher.

SB 60

Teachers and Other School Personnel Transferring Employment;

credited unused sick and personal leave.

HB 299

Teachers, Food Service, Bus Drivers; decrease in salary supplements.

SB 29

Teachers; school year contracts; term of years renewable.

SB 386

Test-taking Skills Course; preparation for SAT, other tests.

SB 85

Transferring Students; Grades 7 or Higher; require academic and disciplinary

records; disclosure of past criminal behavior.

HB 180

SCOTT, GEORGIA HARVEY 'RED'; commend. ........................... SR 118

SCOTTISH TARTAN; designate official tartan of the State of Georgia.

HB 644

SEAFOOD Commercial Fishing; motor fuel used to operate boats; tax exemption. Shrimp Fishery Resources; committee to study.

SB 362 SR 291

SEAT SAFETY BELTS (See Motor Vehicles)

SECRETARY OF STATE

Corporations; limited liability partnerships; requirements.

HB 349

Duties; fraudulent absentee ballots; compare voter records with death

certificates; print warnings on ballot envelopes.

HB 889

Duties; licensing of Professional Employer Organizations.

SB 126

Duties; public officials directory; appoint Director, Department of Archives and

History; Georgia Capitol Museum division.

HB 308

Duties; selection of members, Silver-Haired Legislature.

SB 150

Duties; summaries of state-wide referendum questions

HB 128

Duties; urge work to establish Civics Day in the public schools.

HR 362

Elections Laws; comprehensive Code revision; committee to study.

SR 249

Electors; voter identification documents; present at polling place.

SB 43

Georgia Elections Code; enact numerous revisions; amend definitions.

HB 635

Membership on State Properties Commission; serve as secretary.

SB 172

State Employees; awards for suggestions or initiatives; nominations.

HB 197

Transfer Functions Relating to Notaries to Superior Clerks Cooperative

Authority. . . . ..................................................... SB 284

SECURITIES Authorities for Residential Care for the Elderly; investments. Business Corporations; security interests; treasury shares.

HB 297 HB 294

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2574

JOURNAL OF THE SENATE

SECURITIES (Continued) Dealers and Salesmen; certain split commissions not unethical. Insurers Acquiring Investments; Investment Pool Act of 1997. Insurers; investment in foreign government bonds, securities Investment Portfolio of Certain Public Retirement Systems Limited Partnerships; nontaxable income; nonresident's shares. Office of Treasury and Fiscal Services; authorized investments. Public Funds; collateral to secure deposits; direct or pooled method. Public Retirement Systems Matters Pertaining to Investments; limit disclosure.

SB 13 HB 573 HB 355 HB 463 HB 241 HB 558 SB 131
HB 334

SELECTIVE SERVICE REGISTRATION AND NATIONAL DEFENSE; commend; encourage.

HR 254

SELLING AND OTHER TRADE PRACTICES

Alcoholic Beverage Retailers; sales to underage persons; penalties.

SB 266

Alcoholic Beverages; brewpubs; sales to dealers; brewery tours.

SB 289

Alcoholic Beverages; distilled spirits, wines; advertising prices.

SB 52

Alcoholic Beverages; new retail liquor store locations; restriction.

HB 500

Alcoholic Beverages; retail dealer license; applicant's residence.

SB 111

Alcoholic Beverages Retailers; duty; false ID presented by a minor.

HB 250

Alcoholic Beverages; sales at University System facilities, events.

HB 682

Antifreeze Products; license to sell; sample testing; certification.

HB 182

Beverage Containers; refundable value for deposit-redemption.

SB 191

Candy, Toys, Novelty Items; objects packaged like drug paraphernalia; prohibit

sale to minors.

SB 6

Deceptive or Unfair Practices; judgments; collections; fees.

HB 712

Hotels With Condo Units, Commercial Space; in-room service of alcoholic

beverages to registered guests.

SB 144

Natural Gas Competition and Deregulation Act; enact.

SB 215

Perishable Foods Sold at Retail; labeled expiration date.

SB 96

Retail Revolving Accounts; effective when certain conditions met.

HB 431

Telephone Solicitors; unsolicited calls; cease and desist orders.

HB 71

Unlawful Sales Practices; telemarketing, the Internet, home repairs.

HB 708

Used Vehicle Sales, Leases; disclosure of any security interest. ............. SB 196

SEMINOLE COUNTY; Superior Court; Pataula Circuit; judges supplement.

HB 931

SENATE

Bills for Revenue or Appropriating Money May Originate Senate.

SR 55

Children; affirming commitment to ensure their welfare.

SR 388

Committee on Rules Sets Calendar for Last 30 Days.

SR 1

Election of Members; four-year term of office; amend Constitution.

SR 161

Members; minimum age to be elected; amend Constitution.

SR 41

Morning Roll Call dispensed with.

Page 1328

Morning Roll Calls

Pages 7, 28, 43, 58, 73, 83, 98, 109, 120, 138,

157, 186, 205, 229, 256, 270, 309, 344, 359, 472, 499, 536, 573, 613, 639, 699,

731, 793, 914, 953, 1017, 1072, 1121, 1236, 1252, 1328, 1383, 1467, 1824, 2059

Notify House of Representatives; Senate convened.

SR 2

Officials, Employees, Committees for 1997 Session.

SR 3

President Pro Tempore; Senator Chuck Clay nominated.

Page 8

President Pro Tempore; Senator Sonny Perdue elected.

Page 8

Rules; adopt for 1997 Session.

SR 1

Rules; adopted for 1997 session.

Page 9

Secretary of the Senate; Frank Eldridge elected.

Page 9

Refer to numerical index for page numbers

INDEX

2575

SENATE (Continued)

Senatorial Districts; descriptions; effective elections of 1998.

SB 382

Senatorial Districts 48 and 56; change descriptions. ....................... SB 250

Senators-Elect; certification of election. ..........................

... Page 3

Senators-Elect; oath of office. ...............

. ........... ......... Page 8

Sergeant at Arms; Matthew Hill elected. .................. . . ......... Page 9

Standing Committees; appointed.

................................. Page 14

SENATOR ABERNATHY; vote on SB 119 explained.

Page 682

SENATOR CHEEKS; vote on SB 262 explained. ............. ........ Page 1208

SENATOR GLANTON; vote on SB 354 on Local Calendar explained.

Page 1241

SENATOR RAGAN; vote on HB 463 explained. ......... ............... Page 1863

SENATOR RAY, WALTER; resignation from Senate, District 19. ............ Page 2

SENIOR CITIZENS (See Elderly)

SENIOR SOFTBALL-USA WORLD CHAMPIONSHIP TOURNAMENT

Commend.

........ ........................................ SR 66

SENIOR WEEK AT CAPITOL; Council on Aging 20th Anniversary;

Commend.

................. ......... ................

SR 87

SENTENCE AND PUNISHMENT

Alcoholic Beverages; possession by persons under age 21; punishment.

SB 206

Crimes of Assault, Battery Against Family Members; family violence.

SB 67

Criminal Acts Involving Bombs, Explosives; sentencing; punishment. ........ SB 227

Death Penalty Cases; pretrial proceedings; review procedures.

SB 296

Felony Criminal Offenders; not eligible parole or reduced sentence.

SB 4

Felony Criminal Offenders Shall Serve Full Sentence Without Parole.

SB 100

Fine Increased in Lieu Community Service; nonresident DUI offender.

SB 31

Georgia RICO Act Applicable to Certain Criminal Activity Patterns.

SB 282

Habitual Violators Convicted of DUI; punishment; parole limitations.

SB 321

Inmates; offenses committed confines of state correctional facility. .......... SB 258

Mandatory Prison Sentences Requiring More Prisons, Jails; study of.

SR 172

Probationers Charged With a Misdemeanor Involving Injury or Threats.

SB 46

Serious Violent Felony Offenders Must Serve 85% of Sentence. . . .......... SB 162

Sexual Offenses; rape or aggravated sodomy; mandatory punishment. ........ SB 15

Structured Sentencing Commission; review criminal justice system. . . . SR 100

Theft by Shoplifting; third or subsequent convictions; punishment. ......... HB 423

SEWELL, FRANCES; University System Scholar; commend. ................ SR 407

SEWERAGE (Also See Waste Management) Municipal Water or Sewer Systems; authorize contract private firms. Septic Tanks, On-site Individual Sewage Treatment; state regulation. Water Pollution Control; sewer connections moratorium; exemption. Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager. ..................

....... ..

SB 318 SB 165
SB 19
SB 319

SEXUAL OFFENSES

Aggravated Sodomy, Child Molestation, Sexual Battery; juvenile felony

offenses. .......

....

... .

................ SB 132

Child Molestation; chemical castration and mental health treatment; certain

offenders.

....................

.................... HB 211

Child Molestation; subsequent offenses; hormonal chemical treatment. ....... SB 5

Refer to numerical index for page numbers

2576

JOURNAL OF THE SENATE

SEXUAL OFFENSES (Continued)

Criminal History Involving Children; prohibit employment at child care

facilities. ............ ............................................... SB 176

Prostitution; seizure and forfeiture of vehicles used to facilitate.

SB 158

Rape and Aggravated Sodomy; minimum mandatory term of imprisonment. SB 15

Sex Crime Offenders; notices of release; residency restrictions.

SB 375

Sex Offenders; register residency; inform local school officials.

SB 39

Sexually Explicit Materials; libraries restrict access by minors.

SB 40

Sexually Violent Predators; state registration program; redefine offenses

against a minor. ...................................................... SB 105

SHANNON-LEVINS, KERRI; University System Scholar; commend.

SR 412

SHELLMAN, CITY OF; change corporate limits.

HB 983

SHERIFFS (Also See Law Enforcement) Duties; executing Municipal Court writ of fieri facias. Duties; state registration program for sexually violent predators. Duties; tax executions for delinquent property taxes; notices. Pistols, Revolvers; authority to carry firearms in public places. Qualifications; annual training requirements; new sheriffs training. Qualifications for Office; mandatory drug testing; training. Retirement Fund Employees; eligible state health insurance plan. Sheriff Offices' Nomenclature Act of 1997; enact. Sheriffs' Retirement Fund; trustees; investments in corporations Speed Detection; radar use; authority to approve; restrict usage.

SB 125 SB 105 SB 270 SB 247 HB 397 SB 142 SB 91 HB 289 HB 463 HB 398

SHILOH HILLS CHRISTIAN SCHOOL MEN'S BASKETBALL; commend. SR 258

SHOPLIFTING; offense of theft; subsequent convictions; punishment.

HB 423

SHOPPING CENTERS; child care facilities; licensing, inspection.

SB 222

SHRIMP FISHERY STUDY COMMITTEE; create.

SR 291

SHRINE HOSPITALS FOR CHILDREN Issuance of Special License Plate to Support. Issuance of Special License Plates to Support.

HB 110 HB 104

SICKLE CELL FOUNDATION OF GEORGIA; commend.

SR 442

SILVER-HAIRED LEGISLATURE

Commend. . . .

........................... ...................... SR 75

Meetings, Funding, Personnel; duties of Secretary of State.

SB 150

Operating Costs; create special fund from tax refund donations.

SB 151

SIMS SUPERIOR SEATING, INC.; commend.

SR 52

SLOSHEYE TRAIL BIG PIG JIG BARBECUE COOKING CONTEST;

Recognize. ............ ...... .......................

........... SR 238

SMALL BUSINESSES Health Insurance Coverage; formation of purchasing cooperatives. Income Taxes; job tax credit; Business Support and Expansion Act. Medical Care Savings Account and Trust Act.

SB 93 HB 428 SB 279

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INDEX

2577

SMEE, LESLIE NORMAN; Prudential Community Award; recognizing.

SR 207

SMITH, DR. W.T.; Mental Health Physician; commend.

SR 246

SMITH, JOAN; claims against the state; compensate.

HR 43

SMITH, MELODIE BRYSON; Pilot Club President; commend.

SR 175

SMITH, NORRIS; commend.

SR 453

SMITH, O.E.; Rockmart Pharmacist; commend.

SR 116

SMITH, ORLANDO "TUBBY", UGA HEAD BASKETBALL COACH; Commend. ............................................................. SR 450

SMITH, W. T., M.D.; commend.

HR 404

SMOKING (See Tobacco Products)

SOCIAL ASSISTANCE REGISTER; groups, individuals willing assist public

assistance recipients. ...

...... ................................ SB 104

SOCIAL CIRCLE, CITY OF Designation; Georgia's Treasures Along 20 Trail route. School District; board of education election districts; charter for Academy of Social Circle.

HR 258 HB 861

SOCIAL SECURITY Confidentiality of an Individual's Number; exempt public disclosure. Driver's License; applicant social security number; prohibit usage. Economic Security 2000; workers savings incentives; supporting. Violations; bar Medicaid participation.

HB 744 HB 574 SR 307
SB 44

SOCIAL SERVICES (Also See Human Resources or Public Assistance)

Abused, Neglected Disabled or Elder Persons; protective services.

SB 127

Adoptions; hard-to-place children; financial assistance to families.

HB 112

Child Protection Programs; issues involving employed personnel.

SB 33

Children and Youth Services; compensate employee for certain damages.

HB 497

Children and Youth Services/DCYS; service contracts; private vendors.

HB 496

Code Revision; Title 49; correct errors and omissions.

HB 123

Community Action Agencies; block grant funds; distribution formula;

contracts.

HB 206

Drug Abuse Treatment Programs; financially supported agencies; actions

against illegal drug marketers.

SB 80

Foster Care and Adoption; re-creating committee to study.

SR 280

Foster Care; special needs children; aid to families adopting.

SB 24

Health Districts, Mental Health Services; define service areas.

SB 317

Immigrants and Migrant Workers; committee to study impact of Temporary

Assistance for Needy Families Act/TANF.

SR 219

Licensees; violations; enforcement; appeals in contempt actions.

HB 295

Medicaid Fraud Forfeiture Actions; acts committed by providers.

HB 377

Medicaid; incentives to patients; medical assistance copayments.

SB 260

Medicaid; long-term care facilities; reuse of prescribed but unused unit dosage

dosage drugs.

HB 273

Medicaid; providers; unlawfully obtaining payments; penalties.

SB 304

Medicaid; reimbursement; clinical social workers for nursing homes.

SB 308

Medicaid; reimbursement; inpatient care for mental diseases.

HB 465

Medicaid; Study Committee on Appropriate Medicaid Reform.

SR 371

Naming Department of Juvenile Justice and Board of Juvenile Justice.

HB 622

Nonprofit Contractors Who Receive State Funds; financial reporting.

SB 349

Refer to numerical index for page numbers

2578

JOURNAL OF THE SENATE

SOCIAL SERVICES (Continued)

Public Assistance; delete terms "Aid to Families with Dependent Children"

and insert "Temporary Assistance for Needy Families".

SB 104

Public Assistance; registry of groups or individuals willing to assist

recipients. .....................

.... .......... ....... ........ SB 267

Silver-Haired Legislature Fund; establish; tax refund donations.

SB 151

Silver-Haired Legislature; meetings, funding, personnel.

SB 150

TANF/AFDC Recipients; allow bank accounts without penalty; urge DHR

conduct 2-year pilot project.

SR 49

Teen Pregnancy Prevention; DHR Programs; ensure abstinence education. HR 457

Temporary Assistance for Needy Families; enact Georgia TANF Program.

SB 104

Youth Services; job skills training program; construction trades.

SB 68

SOCIAL WORKERS (Also See Counselors or Professions) Damage Actions Alleging Professional Malpractice.

SB 276

SODOMY, OFFENSE OF (Also See Sexual Offenses) Sexual Offenses; aggravated sodomy; mandatory imprisonment. Sexual Violent Offenses Against a Minor; registration for conviction.

SB 15 SB 105

SOLID WASTE (See Waste Management or Hazardous Materials)

SOUTH FULTON COUNTY; Legislative Day Celebrating Black History Day.

SR 109

SOUTH FULTON MUNICIPAL ASSOCIATION; relative retirement fund

investments. .............. . . . . . ..........................

. SR 399

SOUTHERN FROZEN FOODS, INC.; honoring.

SR 44

SOUTHSIDE SAVANNAH RAIDERS BASEBALL TEAM; commend.

SR 311

SPALDING COUNTY; Superior Court; Griffin Circuit; judges supplement.

HB 963

SPARROW, MARCUS; commend.

SR 105

SPEECH-LANGUAGE Language Instruction; prohibit teaching of Ebonics. Pathologists; license exception; educational institution employees.

SB 51 HB 416

SPEED REGULATIONS Highway construction sites speed zones; signage. Radar Detection Devices; regulate usage; permit certain officers. Radar; permits to use; requirements; employ certified officer.

SB 121 HB 190 HB 398

SPEIR, DR. EDWIN G.; Georgia College and State University; commend.

SR 16

SPELTS, THOMAS H. AND SUE; claims against the state; compensate.

HR 247

SPORT SHOOTING RANGES; noise control; changed conditions.

SB 8

SPORTS, DON; Evans County Radio Broadcaster; commend.

SR 284

SQUARE AND ROUND DANCERS; special license plates.

HB 104

STADIUMS, ARENAS, PUBLIC FACILITIES Ted Turner Stadium; urge name baseball field to honor Henry Aaron. University System Coliseums; sale of alcoholic beverages.

SR 77 HB 682

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INDEX

2579

STAGGERED TAG SALES (See Motor Vehicles or License Plates)

STATE AGENCIES

Administrative Procedure Act; definitions; Department of Revenue.

HB 171

Administrative Procedure Act; exempt Technical and Adult Education

Department.

SB 87

Administrative Proceedings; offense of embracery; witness influence.

SB 283

Agriculture Department; commissioner; powers; subpoenas.

SB 102

Appropriations; budget unit transfers; approval limitations.

SB 197

Audits Department; commend efforts to control Medicaid fraud.

SR 234

Children and Youth Services; successor agency; Department ofJustice; Board of

Juvenile Justice; name changes.

HB 622

Civil War Commission; historic sites acquisition and preservation.

SB 178

Contracts; nonprofit organizations; financial accountability; audits.

SB 349

Department of Archives and History; appointment of director.

HB 308

Discrimination of or Preferential Treatment to Any Person Prohibited.

SB 243

DOT Highway Employees; indemnification for death or disability.

SB 117

Duties; building projects; inform local legislative delegations prior to public

announcement.

SR 159

Effectiveness, Efficiency in Staffing, Training; study committee.

SR 367

Electronic Call System; Pardons and Paroles Board implement.

SB 242

Electronic Government Records and Signatures; pilot projects.

SB 103

Employee Terminations; reduction in force/RIF actions; prior notices.

SB 59

Expenditures; establish limitations; amend Constitution.

SR 177

Foreign Offices; foreign banks as State Depositories.

SB 95

GBI, Division of Forensic Sciences; duties, responsibilities.

HB 557

Georgia Capitol Museum; rename State Museum of Science and Industry. HB 308

Lottery Corporation, Georgia; retirement option for employees.

SB 290

Motor Pool Vehicles; identifying markings, decals, seals.

SB 349

Motor Pool Vehicles; identifying markings, decals, seals.

HB 624

Officers; candidates for election; mailing unrequested materials.

SB 268

Privatization of Operations; employee status; employment assistance.

SB 262

Privatization Proposed by Executive Branch; notify certain officials.

SB 57

Property Leases; local government buildings; construction contracts.

HB 32

Public Records; confidentiality of Social Security Numbers.

HB 744

Public Safety Driver's Records or Personal Information; restrict use.

HB 587

Public Safety; motorcycle safety program; state-wide coordinator.

HB 695

Purchasing; recycled, chlorine-free paper products; guidelines.

SB 255

Records Disclosure; ensure confidentiality of personal information.

SB 135

Regulated Practices or Businesses; waiver of rules, regulations.

SB 81

Regulations, Rules Affecting Residential Housing Costs; effect of.

SB 275

Reorganization and Employee Terminations; prohibit certain actions.

SB 271

Review of Programs, Functions; duties of BROC Research Office.

SB 297

State Employees; awards for suggestions or initiatives; nominations.

HB 197

State Government Waste Task Force; create; powers, duties.

SR 171

State Personnel Oversight Commission; creation.

SB 271

STATE COURTS
Civil Cases; fees to fund Alternative Dispute Resolution Programs. Judgments for Liquidated Damages; orders; deferred partial payments. Jurisdiction; misdemeanor cases; marijuana possession. Office of Senior Court Reporter; provide for. Solicitors-general; compensation from county funds. Solicitors; membership, county law library board of trustees.

SB 133 SB 35 HB 347 SB 210 HB 124 HB 54

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2580

JOURNAL OF THE SENATE

STATE DEFENSE FORCE (See Military Affairs or National Guard)

STATE EMPLOYEES (Also See Public Officers and Employees or Merit System)

Awards for Suggestions or Initiatives; provide for nominations.

HB 197

Corrections Department; educational programs; re-employ teachers.

SB 156

Department of Children and Youth Services; employees; compensation for

damage to personal apparel, eyeglasses, hearing aids.

HB 497

DHR Mental Health Hospitals, Regional Boards; terminated personnel.

SB 360

DOT Highway Employees; indemnification for death or disability.

SB 117

Health Insurance Plan; change name; Firefighters' Pension Fund.

HB 337

Health Insurance Plan; include county officers, employees, retirees and

Sheriffs' Retirement Fund employees.

SB 91

Indemnification of State Highway Employees; amend Constitution.

SR 64

Law Enforcement Officers; political activities; rights; prohibition.

SB 53

Law Enforcement Personnel; repeal mandatory retirement age.

HB 380

Merit System; dismissal procedures; hearings; appeals; records.

SB 33

Merit System; Public Safety employees; discipline procedures.

SB 141

Military Duty; compensation; salary limits for federal fiscal year.

SB 335

Pardons and Paroles Board; members, employees; holding public office.

HB 407

Privatization of State Operations; employee assistance; training.

SB 262

Privatization Proposed by Executive Branch; notify certain officials.

SB 57

Reduction in Force by State Agencies Eliminating Positions; notices.

SB 59

Retirement Benefits Based Upon Involuntary Separation; conditions.

SB 271

Retirement; National Guard members; create a Military Pension Fund.

SB 322

Retirement; National Guard members; provide a Military Pension Fund.

SB 168

Retirement System; benefits; rules to qualify under federal tax law.

HB 339

Retirement System; disability benefits; law enforcement personnel.

SB 291

Retirement System; disability benefits; parole, probation officers.

SB 326

Retirement System; options for employees of Lottery Corporation.

SB 290

State Government Waste Task Force; create; powers, duties.

SR 171

State Institutions; improper staffing, training; study committee.

SR 367

STATE FINANCING AND INVESTMENT COMMISSION (SFIC); Director;

membership on Georgia Education Authority (University).

SB 292

STATE GOVERNMENT (Also See Individually Named State Agencies)

ACF Water Compact With Alabama and Florida; Apalachicola-Chattahoochee-

Flint River Basin.

HB 149

ACT Water Compact With Alabama; Alabama-Coosa-Tallapoosa River

Basin.

HB 148

Administrative Procedure Act; definitions; Department of Revenue.

HB 171

Administrative Procedure Act; exempt Technical and Adult Education

Department.

SB 87

Agency Rules Affecting Residential Housing Costs; requirements.

SB 275

Appropriations; budget unit transfers; approval process.

SB 197

Appropriations; funds expended for teen pregnancy prevention; ensure

abstinence education.

HR 457

Appropriations; General; SFY 1997-1998.

HB 204

Appropriations; prohibit total outlays exceeding revenue sources; requirements

of General Assembly.

SR 248

Appropriations, Supplemental SFY 1996-1997; reallocate funds.

HB 34

Bond Issuance Practices, Procedures; committee to study.

SR 290

Budgetary Responsibility Oversight Committee; research office duties.

SB 297

Business and Industry Recruitment; when public disclosure delayed.

SB 12

Central State Hospital; designating the William Crittenden Building.

HR 289

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INDEX

2581

STATE GOVERNMENT (Continued)

Claims Against the State; Alfonzo Price; compensate.

HR 313

Claims Against the State; Andrew Steven Jenkins; compensate.

HR 21

Claims Against the State; Chad B. Kee; compensate.

HR 145

Claims Against the State; Daniel W. Vining; compensate.

HR 168

Claims Against the State; Darla J. Alfredson; compensate.

HR 22

Claims Against the State; George Calhoun; compensate.

HR 248

Claims Against the State; Joan Smith; compensate.

HR 43

Claims Against the State; Mr. and Mrs. William E. Lee; compensate.

HR 246

Claims Against the State; Nadine LaVerne Carter; compensate.

HR 176

Claims Against the State; Thomas and Sue Spelts; compensate.

HR 247

Claims Against the State; Wendy L. Roslund; compensate.

HR 113

Code Revision; Title 50; correct errors, omissions; reenact statutes.

HB 123

Declaring Georgia's Sovereignty Under the U.S. Constitution.

SR 74

Departments, Agencies Which Proposes to Eliminate Positions Through a

Reduction in Force; notice requirements.

SB 59

Depositories; securing public funds; collateral; bonds or pledges.

SB 131

Developmental Highway System; revise authorized projects.

SB 314

Discrimination of or Preferential Treatment to Any Person Prohibited.

SB 243

Effectiveness and Efficiency; create committee to study.

SR 367

Electronic Communications, Internet Access; urge minimize taxation.

HR 366

Electronic Records and Signatures; legal usage; public and private sector

partnership; pilot projects.

SB 103

Employees; absence due ordered military duty; paid salary limits.

SB 335

Employees' Health Insurance Plan; Firefighters' Pension Fund.

HB 337

Employees of DHR Division of Mental Health; transfers; terminations.

SB 360

Executive Branch; inform local legislative delegations of state building

projects prior public announcement.

SR 159

Expenditure Limitations; provide reserve funds, excess revenues.

SR 177

General Assembly; terms of office; limit to six two-year terms.

SR 216

Georgia Citizens Commission on Compensation of Public Officials.

HR 296

Georgia Commission on Women; clarify official activities, expenses.

HB 761

Georgia Education Authority (University); members, staff; projects.

SB 292

Georgia Youth Legislature; create.

SR 162

Information Technology Policy Council; electronic records.

SB 103

Labor Department; Unemployment Trust Fund; certain withdrawals.

HB 213

Lottery Proceeds from Ticket Sales; amount each county entitled.

SB 333

Merit System Personnel; dismissal procedures; administrative hearing officers;

records relevant child related employment.

SB 33

Nonprofit Organizations Which Receive Public Funds; accountability.

SB 349

Office of Treasury and Fiscal Services; standards for public access to records;

authorized deposits and investments.

HB 558

Official BBQ Championship Cookoffs; designate Hawkinsville 'Shoot the Bull'

and Dooly County 'Slosheye Trail Big Pig Jig'.

HB 845

Official Directory of State, County Officers; publication schedule.

HB 308

Official Scottish Tartan Design; designation.

HB 644

Official State Museum; Ralph Mark Gilbert Civil Rights Museum.

SB 366

Official State School; designate Plains High School.

SB 16

Officials; candidates for elective office; state funds for mailings.

SB 268

Privatization of Operations; employee status; employment assistance.

SB 262

Privatization; program evaluations; duties of BROC Research Office.

SB 297

Privatization Proposed by Executive Branch; notify certain officials.

SB 57

Properties Owned in Baldwin County; legislative inventory; study.

SR 151

Property Conveyance; Atlanta; convey lease for recreation facility.

HR 401

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2582

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued)

Property Conveyance; Bibb County; tract exchange; Wiggins Associates.

HR 139

Property Conveyance; Burke County Satellite Center to Augusta Technical

Institute ............................................................. SR 148

Property Conveyance; grant easement to tunnel under Savannah River

for utility services to Hutchinson Island; Chatham County

SR 196

Property Conveyance; grant easements in Clarke, Crisp, Gordon, Gwinnett,

McDuffie, Newton, Sumter, Troup, Baldwin Counties.

SR 164

Property Conveyance; Milledgeville-Baldwin County Development Authority;

and to Baldwin County for recreation.

SR 143

Property Conveyance; Pelham Farmer's Market; unimproved portion; convey

City of Pelham.

HR 167

Property Conveyance; surplus Georgia Forestry Commission properties; Douglas

and Clinch Counties.

HR 271

Property Conveyance; surplus National Guard Armory; Hancock County

SR 125

Property Conveyance; surplus Stone Mountain Property.

SR 213

Property Conveyance; surplus tract, Savannah; convey Chatham County.

SR 130

Property Conveyance; Taylor County; surplus National Guard Armory.

HR 272

Property Conveyance; utility easements; Dougherty, Jasper, Macon, Ware, Bibb

Counties.

SR 165

Property Conveyances; Baldwin, Fulton and Gwinnett Counties.

SR 166

Property Conveyances; Decatur County; Dougherty County.

HR 142

Property Not Needed for Public Roads Pursuant to a Court Order.

SB 76

Public Funded Vehicles; identifying markings on doors; exceptions.

HB 624

Public Funds; collateral to secure deposits.

SB 131

Public Funds; identifying markings on motor vehicles; financial accountability of

nonprofit organizations.

SB 349

Public Initiative Petition Process; statewide referendums.

SR 8

Public Initiative Petition Process to Enact or Reject Statutes.

SR 176

Public Initiative Process to Propose, Amend, Enact or Reject Laws.

SR 146

Public Office; persons ineligible hold; defaulting taxpayer.

SR 6

Public Officials; State Commission on Compensation; amend Constitution. HR 296

Public Records; confidentiality of Social Security Numbers.

HB 744

Public Records Inspection; votes cast by Pardons and Paroles Board.

SB 201

Public Retirement Systems; matters excluded from public inspection.

HB 334

Public Safety Department; discipline and dismissal procedures.

SB 141

Public Works Projects; contractors; prohibit employ illegal aliens.

SB 257

Purchasing; recycled paper products; reduce unnecessary paper use.

SB 255

Regional Development Centers; change boundaries; transfer Jasper County

from Middle GA RDC to Northeast GA RDC.

HR 398

Regional Development Centers; change boundaries; transfer Pulaski County

from Heart of Georgia-Altamaha RDC to Middle Georgia RDC.

HR 105

Reorganization and Termination from Employment Reform Act of 1997.

SB 271

Revenue; uncollectable accounts; administratively discharging.

HB 479

Sam Nunn Tribute Commission; creation.

SR 50

State Agencies Harmed by Illegal Drug Market; drug dealer liability.

SB 80

State Agencies; records disclosure; privacy of personal information.

SB 135

State Capitol Medical Aid Station; James A. Kaufmann, M.D. portrait.

HR 47

State Commission on the Condemnation of Public Property; powers in water

quality emergencies.

SB 319

State Depositories; foreign bank designation; restrictions.

SB 95

State Depository Board; add commissioner of transportation; prohibited voting

by certain members.

SB 119

State Employees; awards for suggestions or initiatives; nominations.

HB 197

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INDEX

2583

STATE GOVERNMENT (Continued) State Examining Boards; fees to defray costs; releasing information. State Government Waste Task Force; create; amend Constitution. State Personnel Oversight Commission; creation. State Properties Commission; add Secretary of State as member. State Regulated Practice or Business; waiver of rules, regulations. State Symbols; designation; Ralph Mark Gilbert Civil Rights Museum. State Symbols; official BBQ Championship Cookoffs; Hawkinsville 'Shoot the Bull' and Dooly County 'Slosheye Trail Big Pig Jig'. State Symbols; official school; designate Plains High School. State Symbols; official Scottish tartan design designation. Stone Mountain Park; define purposes; natural areas; use of revenue. Stone Mountain Park Projects; lease contracts; requirements. Stone Mountain Park; protected status of natural districts. Transportation Department; negotiated contracts of $50,000 or more. Transportation; public policy objectives; joint committee to study.

SB 303 SR 171 SB 271 SB 172
SB 81 SB 366
HB 845 SB 16
HB 644 SB 367 SB 274 SB 146 SB 120 SR 72

STATE PATROL (See Public Safety or Law Enforcement or State Troopers)

STATE PERSONNEL OVERSIGHT COMMISSION; creation.

SB 271

STATE PROPERTIES COMMISSION (Also See Property Conveyances or State

Government)

Membership; add Secretary of State; serve as secretary.

SB 172

Study and Report Best Utilization of Brook Run Facility Property.

SR 167

STATE SCHOOL SUPERINTENDENT Qualifications; repeal certain provisions upon certain conditions. Qualifications to Hold Office.

SB 236 SB 25

STATE SYMBOLS Official BBQ Championship Cookoffs; designate Hawkinsville 'Shoot the Bull' and Dooly County 'Slosheye Trail Big Pig Jig'. Official Scottish Tartan; designate. Official State Museum; Ralph Mark Gilbert Civil Rights Museum. Official State School; designate Plains High School.

HB 845 HB 644 SB 366
SB 16

STATE TROOPERS (Also See Public Safety)

Law Enforcement Efforts During Olympic Games; heroic efforts at Centennial

Olympic Park; commend.

SR 452

State Patrol merit system employees; discipline procedures.

SB 141

STATESBORO BUSINESS AND PROFESSIONAL WOMEN'S CLUB Commend. .............................................................. SR 82

STEPHENS COUNTY Ad Valorem Taxes; homestead exemption of $12,000.; referendum. Ad Valorem Taxes; homestead exemption of $4,000.; referendum. Toccoa-Stephens County Governmental Consolidation Study Committee.

HB 412 HB 411 HR 214

STEVENS, JOHN P., SR.; commend.

SR 335

STEWART COUNTY; Board of Commissioners; chairperson; duties; purchases;

compensation.

HB 807

STONE MOUNTAIN JUDICIAL CIRCUIT; Superior Court; provide for tenth judge. ............... .................................................. SB 77

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2584

JOURNAL OF THE SENATE

STONE MOUNTAIN MEMORIAL ASSOCIATION Authorizing Conveyance of Surplus Stone Mountain Property. Natural and Historic Areas of Park; purposes; improvement funds. Park Facilities; lease contracts; minimum requirements. Stone Mountain Park; commend. Stone Mountain Park; natural districts; restrict changes, use of.

SR 213 SB 367 SB 274 SR 169 SB 146

STUDENT FINANCE AUTHORITY; grants; University System ROTC programs.

HB 914

STUDY COMMITTEE ON PRESUMPTION OF JOINT LEGAL AND PHYSICAL CHILD CUSTODY.

SR 233

STUDY COMMITTEE ON THE IMPACT OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES ACT ON IMMIGRANTS AND MIGRANTS.

SR 219

STUDY COMMITTEES (See Committees, Study)

SUICIDE; Attempted Suicide; emergency nonconsensual medical treatment.

SB 36

SUMTER COUNTY; Property Conveyance; sewer line easement; Americus. .............................................................. SR 164

SUPERIOR COURTS (Also See Courts or Judicial Circuits) Capital Felony Trial Expenses; counties eligible for reimbursement. Civil Cases; fees to fund Alternative Dispute Resolution Programs. Clerks' Cooperative Authority; certification of notaries public. Clerks; duties; recording disposition of property in divorce cases. Clerks; membership; county law library board of trustees. Clerks; membership on boards of trustees of county law libraries. Clerks; property records indexes; real estate data; implement uniform format for automated information system. Decisions Relative Workers' Compensation Cases; direct appeals. Family Violence Petitions for Relief Involving Nonresidents. Family Violence Petitions for Relief; jurisdiction over nonresident. Judges; access to juvenile records in subsequent criminal trials. Judges; compensation; create a citizens commission to fix salaries. Judges; personnel employed within the offices; status; compensation. Judgments and Rulings in Certain Cases; appeals to Appellate Courts. Judicial Review of Professional License Revocation Decisions. Jurisdiction; trials of certain felony offenses involving juveniles. Juvenile Legitimation, Paternity Cases, Adoption Proceedings. Office of Senior Court Reporter; eligibility; salary. Records; storage facilities outside of county courthouse; retrieval. Sheriffs; qualifications; mandatory drug test; training; exemptions. Stone Mountain Circuit; provide for tenth judge. Superior Court Clerks Training Council; membership; voting quorum.

SB 56 SB 133 SB 284 HB 408 HB 54 SB 134
HB 524 SB 34
SB 160 SB 171 SB 157 HR 296 HB 125 HB 291 SB 344 SB 132
SB 26 SB 210 SB 324 SB 142
SB 77 HB 67

SUPREME COURT Chief Justice Robert Benham; address General Assembly Joint Session. Filings on Behalf of State by District Attorneys; payment of costs.

HR 15 HB 124

Refer to numerical index for page numbers

INDEX SURETY BONDS; principal used false name; out-of-state bail jumping.

2585 HB 620

TABB, MICHAEL B.; commend.

............................... SR 282

TAIWAN, REPUBLIC OF CHINA; United Nations membership; endorse, support.

SR 203

TALBOT COUNTY Board of Commissioners; election districts. Board of Education; election districts.

HB 692 HB 691

TALKING ROCK, TOWN OF; new charter.

SB 401

TALLAPOOSA JUDICIAL CIRCUIT; Juvenile Court Judge; salary; law practice.

HB 1008

TALLAPOOSA RIVER; water allocation agreement; ACT Compact with Alabama.

HB 148

TALLENT, WILLIAM GEORGE "GEE" Condolences.

SR 391

TALLEY, BARBARA H.; honoring.

SR 190

TAM, DR. VINCENT K.H., PEDIATRIC SURGEON; commend.

SR 149

TANF, TEMPORARY ASISTANCE FOR NEEDY FAMILY ACT; enact.

SB 104

TATTNALL COUNTY Designate; Walter L. Dasher Memorial Bridge at Beard's Creek. Magistrate Court; nonpartisan elections. Probate Court; nonpartisan elections.

SR 88 HB 575 HB 582

TAX COLLECTORS, COMMISSIONERS Ad Valorem Tax Digests; completion by July 1; taxpayer appeals date. County Tag Agents; vehicle registration, titles; custodial duties. Official Actions; limit liability; collateralization of public funds. Property Tax Equity in Evaluations, Exemptions; study committee. Property Taxes; equity in taxation; joint committee to study. Tax Assessors; county tax digest submission deadlines. Tax Assessors; duties; time for submission of county digests. Tax Executions; persons to be notified; lot blocks; transferees. Tax Executions; selling and transferring in lot blocks.

SB 137 HB 487 SB 131 SR 274 SR 275 HB 459 HB 459 SB 270 HB 185

TAX EXECUTIONS Issuance for Ad Valorem Property Taxes; notices; lot blocks. Judicial Sales; qualifying as the official organ of publication. Municipal Courts; writ of fieri facias; failure to pay costs, fines. Property Sold for Taxes; amount payable for redemption. Selling and Transferring in Lot Blocks; comprehensive revisions. Transmitting Tax Executions Electronically.

SB 270 HB 152 SB 125 HB 388 HB 185 HB 479

TAXATION (See Revenue and Taxation)

TAYLOR COUNTY; Property Conveyance; National Guard Armory; convey City

of Reynolds.

HR 272

Refer to numerical index for page numbers

2586

JOURNAL OF THE SENATE

TEACHERS (Also See Education) Assigned Students; disciplinary, juvenile court records access. Assigned Students; notified of a student's criminal history record. Corrections Department Programs; re-employment of certain teachers. Employment by a Charter School; protection of rights, benefits. Employment Contracts; criminal records check; receipt of results. Maximum Students Who May be Taught by One Teacher; grades K-2. Offense of Battery Against a Teacher or Other School Personnel. Public Education Reform Act of 1997; performance pay and incentives. Retirement; creditable service; forfeited annual and sick leave. Retirement; creditable service; teaching in certain private school. Retirement; creditable service; U.S. Defense Department schools. Retirement; crediting of time; General Assembly members. Salary Schedules; decrease in local supplements; limitations. School Support Personnel Study Committee; create. School Year Contracts; new teachers; term of years renewable. Student Disciplinary Problems; consent to readmit to classroom. Student Disciplinary Problems; filing objection to having in class. Teachers and Other School Personnel; accumulated sick and personal leave; transfer upon change in employment.

HB 180 HB 567 SB 156
SB 70 HB 420
SB 60 SB 132 SB 387 SB 79 SB 328 SB 108 SB 277 SB 29 SR 397 SB 386 SB 161 SB 129
HB 299

TEAM GEORGIA SOBER DRIVING COALITION; commend.

SR 310

TECHNICAL AND ADULT EDUCATION

Burke County Satellite Center to Augusta Technical Institute; property

conveyance. .... ........... ...... ............................. SR 148

Department; exempt Administrative Procedure Act.

SB 87

Information Technology Relating to Technical Institutes and Public Libraries

Study Committee. .................................................... SR 334

Job Training; workforce development programs; committee to study.

SR 339

Johnny L. Dodson, 1996 GOAL Award; commend.

SR 68

Macon Technical Institute; exchange tracts with Wiggins Associates.

HR 139

TEENAGE AND ADULT DRIVER RESPONSIBILITY ACT; enact.

HB 681

TEENAGE, UNMARRIED MINORS Fathers Liability for Support of His Child Born Out of Wedlock. Public Assistance; recipients who are parents; parenting education. Pregnancy Prevention; after-school student activities. Teen Pregnancy Prevention; DHR Programs; ensure abstinence education. Teenagers Receiving TANF Public Assistance; require attend school.

SB 58 SB 41 SB 50 HR 457 SB 104

TEKULVE, ANGELA MARIE; University System Scholar; commend.

SR 408

TELECOMMUNICATIONS (Also See Public Utilities or Electronic)

Consumer Privacy in the Marketplace; committee to study.

SR 301

Electronic; Internet access; urge exempt fees, taxes, assessments.

HR 366

Electronic Records, Signatures; legal usage; public, private sector.

SB 103

Emergency Telephone Number 911; duties of public safety responders.

SB 379

Emergency Telephone 911 System Funds; authorized disbursements.

SB 237

Emergency 911 Systems; performance reports; public inspection.

HB 278

Income Taxes; job tax credit; Business Support and Expansion Act.

HB 428

Information Technology Relating to Technical Institutes and Public Libraries

Study Committee. ......... ....................................... SR 334

Internet or On-line Banking; department rules, authority; ATMs.

SB 154

Manufacturers; air quality equipment; sales tax exemption.

HB 490

Pardons and Paroles Board; implement an electronic call system.

SB 23

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INDEX

2587

TELECOMMUNICATIONS (Continued)

Pardons and Paroles, State Board; electronic data, calling system.

SB 242

Public Service Commission; elections; 5 single-member districts.

HB 95

Technology; commission to study promoting aerospace development,

commercial space activities, and telecommunications.

SR 46

Telemedicine; physicians located other states, foreign countries.

SB 107

Telephone Service; implementation of toll-free 22 mile calling area.

HB 888

Telephone Subscribers Objecting to Receiving Unsolicited Calls; notice to PSC;

solicitors prohibited call numbers listed.

HB 71

Telephone Utility Corporations; instruments securing obligations.

HB 533

Wireless Communications, Cellular; study charges for 911 systems.

SR 53

TELEMARKETING

Offenses Involving Theft, Fraud or Deceit; increase penalties.

HB 708

Telephone Numbers of Subscribers Objecting to Unsolicited Calls;

PSC maintain database; prohibited actions by solicitors. ................. HB 71

Violations of the Sheriff Offices' Nomenclature Act of 1997. ................ HB 289

TELEMEDICINE; medical practitioners of other states, foreign countries.

SB 107

TERRELL ACADEMY 1996 FOOTBALL TEAM; commend.

SR 187

TERRELL COUNTY Dawson-Terrell County Airport Authority Act. Superior Court; Pataula Judicial Circuit; judges salary supplement.

HB 693 HB 931

THEFT Offenses Involving Medicaid Fraud by Service Providers; penalties. Telemarketing, Computer Network, Home Repair Sales; unlawful schemes to commit fraud or theft; penalties. Theft by Conversion of Rented Property; replacement costs, interest. Theft by Shoplifting; third or subsequent convictions; punishment.

HB 377
HB 708 HB 178 HB 423

THERAPISTS Clinical Social Workers for Nursing Homes; Medicaid enrollment. Damage Action Alleging Professional Malpractice; filing requirement. Georgia Board of Massage Therapists; creation; licensure. Georgia Physical Therapy Act; license and training requirements. Marriage and Family; licensure; education requirements. Marriage and Family; mental health emergency evaluation orders. Mental Health; licensing exception; certain public employees. Professional Counselors, Speech-Language, Mental Health; licensing.

SB 308 SB 276 SB 300 SB 228 HB 272 SB 99 HB 96 HB 416

THOMAS COUNTY; Board of Education; per diem allowance.

HB 857

THOMAS COUNTY CENTRAL HIGH SCHOOL FOOTBALL TEAM; Commend.

SR 133

THOMAS, MONICA WEBB; University System Academic Scholar; commend. SR 448

THOMASTON, CITY OF; Designate; Harvey R. Greene Bridge; Tobler Creek.

SR 244

THOMASVILLE HIGH SCHOOL LADY BASKETBALL TEAM Commend.

SR 370

THOMSON, CITY OF; Property Conveyance; water distribution line easement.

SR 164

Refer to numerical index for page numbers

2588

JOURNAL OF THE SENATE

THORPE, ABMAD; commend.

SR 96

TICKET SCALPING; Ticket Brokers; requirements; prohibitions; exemption.

HB 283

TIFT COUNTY; Tifton and Tift County; commend accomplishments.

SR 122

TIFT COUNTY HIGH SCHOOL 1996 LADY SOFTBALL TEAM Commend.

SR 120

TIFTON, CITY OF Extend Corporate Limits; referendum. New Charter. Tifton and Tift County; commend accomplishments.

HB 1046 HB 1048
SR 122

TILLMAN, DR. RALPH A.; President of MAG; recognizing.

SR 338

TINSLEY, SHONTERRIA, VICTIM OF HIT AND RUN DRIVER Sympathy to family. ........................................... SR 174

TIRES, SCRAP; disposal restrictions; abatement; generators of materials.

HB 612

TOBACCO PRODUCTS Littering; discarded materials; cigarette butts and chewing gum. Student Discipline; violations; cigarettes, tobacco related objects.

HB 248 SB 92

TOCCOA-STEPHENS COUNTY GOVERNMENTAL CONSOLIDATION STUDY COMMITTEE.

HR 214

TOOMBS COUNTY; Board of Commissioners; compensation; vehicles.

HB 764

TORTS Cases Involving Influence of Intoxicating or Toxic Agents on the Defendant; punitive damage awards. Civil Actions; codefendants residing different counties; venue. Civil Actions; venue under long-arm statute over non-residents. Civil Damages for Injuries; deny or limit certain drivers recover. Drug Dealer Liability Act; actions to recover monetary damages. Landowners; questions of negligence regarding hazardous conditions. Liability of Parent or Guardian for Malicious Acts of Minor Child. Negligence; parent liability; malicious property damage by a minor. Owners of Land Zoned Commercial Use; liability insurance. Psychologists; good faith actions as supervisor; liability immunity.

HB 572 SB 372 HB 592 SB 240
SB 80 SB 213 HB 193
SB 89 SB 388 HB 274

TOURISM Heritage Tourism and Historic Preservation; committee to study. Historic Sites; committee to study economic benefits to communities.

SR 302 HR 425

TOWING, WRECKER SERVICES Abandoned vehicles; removal, storage; liens.

SB 249

TOWNS COUNTY RECREATION AUTHORITY ACT

HB 1040

TRAFFIC (See Motor Vehicles and Traffic)

TRANSPORTATION (Also See Highways or Public Utilities)

Commissioner; membership on State Depository Board.

SB 119

Commuter Rail Service Development on Existing CSX tracks linking Atlanta

and NW communities; supporting. ...................................... SR 62

Conrail Acquisition Plan; urge U.S. Department of Transportation consider rail

passenger and competitive freight service. .............................. SR 178

Conrail Acquisition; urge U.S. DOT consider rail carrier lines for moving both

passengers and freight. ............................................... SR 286

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INDEX

2589

TRANSPORTATION (Continued)

Department; lease, disposal of DOT Owned Rights-of-Way under Settlement

Agreement; City of Atlanta.

SR 166

Department; negotiated contracts; expenditures of $50,000 or more.

SB 120

Department; projects; pedestrian walkways and bicycle facilities.

SB 145

Designate; Brooks Pennington Memorial Parkway; Highway 441 bypass.

HR 382

Designate; Buddy Reddick Parkway; Peach County.

SR 260

Designate; Chet Atkins Parkway; Wendall Bagwell Parkway.

HR 245

Designate; communities on Georgia Treasures Along 20 Trail.

HR 258

Designate; Coogan Ray Bleodow Memorial Bridge; Cobb County.

SR 244

Designate; Cora Williams Intersection; City of East Ellijay.

HR 287

Designate; Evelyn S. Wade Highway on Highway 120, Buchanan.

SR 48

Designate; George W. Ross Highway; City of Eton.

HR 215

Designate; George W. Ross Highway in City of Eton.

SR 251

Designate; Harvey R. Greene Bridge, south of Thomaston.

SR 244

Designate; Hugh L. Logan Interchange; Athens-Clarke County.

HR 49

Designate; Jack Eubank Memorial Highway; Columbia County.

HR 112

Designate; L.G. Landers Memorial Bridge; Austell.

SR 304

Designate; Lovell-Wikle Scenic Highway; Lauren 'Bubba' McDonald Parkway;

and Woodstock Centennial Interchange.

SR 214

Designate; Martin Luther King, Jr. Memorial Highway; Marietta.

SR 63

Designate; Memorial Bridges to honor Alien B. Fulford, James Robert Googe,

Clarence Loman Gaskins and Wherry L. 'Dub' Abercrombie.

HR 268

Designate; N. A. West Bridge in Gilmer County; Captain Henry Will Jones

Bridge in Lanier County.

HR 288

Designate; Reverend Charles Walter Hayes Memorial Highway

and Bridge.

SR 252

Designate; Reverend Charles Walter Hayes Memorial Highway

and Bridge.

HR 159

Designate; Segal Durrence Memorial Bridge; Reidsville.

SR 305

Designate; Thomas Kirkland Bridge; Coffee County.

SR 253

Designate; Trail of Tears Highway; S.R. 225 to Tennessee state line.

HR 324

Designate; Veterans Memorial Highway; Cobb County.

SR 244

Designate; Veterans Memorial Parkway in Effingham County.

HR 106

Designate; Walter H. Buce Memorial Bridge; Cobb County.

SR 305

Designate; Walter L. Dasher Memorial Bridge; Tattnall County.

SR 88

Designate; Wendy Bagwell Parkway; Paulding County.

SR 304

Designate; Wendy Bagwell Parkway; Paulding County.

SR 316

Designate; William Thomas Overby Memorial Parkway; Sharpsburg.

SR 260

Designation to Honor Harold S. Willingham; South Marietta Loop.

SR 236

Federal ISTEA Reauthorization; create committee to study impact.

SR 303

Highways; construction sites speed zones; use of central turn lanes.

SB 121

Highways; designated travel lanes; alternative fueled vehicles.

SB 116

Highways; Developmental Highway System; delete Outer Perimeter.

SB 314

Highways; disabled vehicles; require emergency reflectors.

SB 394

Highways; maximum lengths, overhang; truck tractors-semitrailers.

SB 272

Indemnification of State Highway Employees; amend Constitution.

SR 64

Joint Committee to Study; reauthorization of federal ISTEA legislation and

impact on state-wide system

HR 464

Joint Georgia Transportation Study Committee; creation.

SR 72

Limousine Carriers; certificate of public convenience; requirements.

SB 310

MARTA; Board of Directors; terms; appointments.

SB 315

MARTA Olympic Games Spectator Transportation System; commend.

HR 492

Outdoor Advertising Displays; vegetation maintenance requirements.

SB 337

Refer to numerical index for page numbers

2590

JOURNAL OF THE SENATE

TRANSPORTATION (Continued) Public Property Not Needed for Road Purposes Pursuant to Court Order.

SB 76

Rail Passenger Authority; authorized projects; DOT Board approval.

SB 118

Rail Passenger Service; Georgia Rail Passenger Authority to study.

SR 286

Rural Transportation and Economic Development Council; activities.

HB 621

State Board; powers; naming or designation of roads and bridges.

SB 122

State Highway, Road Projects; public announcements; inform local legislative delegations. ...... ................................................... SR 159

Vehicles Using Electricity as Alternative Fuel; highway user fee.

SB 116

Vehicular Traffic Metropolitan Atlanta Areas; alternative projects.

SR 65

TRANSPORTATION BOARD, STATE Sam M. Wellborn elected member. William G. 'BILL' Hasty, Sr. elected member.

Page 49 Page 1

TRESPASS, CRIMINAL Offense of Vandalism to a Cemetery or Memorial; punishment. Offenses Relating to Property of a Minor's Parent or Guardian. Trespass Upon or Damage to Realty; civil actions; limitation period.

HB 840 HB 100 HB 251

TRIALS, PRETRIAL PROCEEDINGS Actions for Wrongful Death or Injury; time limitations. Civil Trials; juries consist of six persons; amend Constitution. Continuances; grounds; party presiding as a judge; maximum number. Death Penalty Cases; applications for appeal; review procedures. Felony Cases Involving Juveniles; court jurisdiction; use of records in subsequent proceedings; records inspection. Grand Juries; witnesses; oath in criminal cases; perjury statute. Juries; peremptory challenges in misdemeanor and felony trials. Review of Pretrial Proceedings in Death Penalty Cases; procedures. Speedy Trial Victim's Rights Act; vehicular homicide and DUI.

SB 84 SR 200 SB 299 SB 296
SB 132 HB 293 SB 114 HB 1013
SB 83

TRION, TOWN OF; mayor and town council; reconstitute powers.

HB 591

TROUP COUNTY Property Conveyance; grant easement to Georgia Power Company. West Point Lake Problems; water level demands; urge federal action.

SR 164 SR 353

TRUCKS Commercial Vehicles; separate ad valorem tax classification. Heavy-duty Equipment Vehicles Used for Construction, Industrial, Maritime or Mining; ad valorem taxation.
Highways; maximum length allowed; truck tractors-semitrailers.

HB 418
HB 419 SB 272

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INDEX

2591

TSONGAS, PAUL E.; former U.S. Senator and Concord Coalition; commend. SR 435

TUCKER, ROY, 100TH BIRTHDAY; congratulating

SR 229

TUDOR, JIM, CONVENIENCE STORE ASSOCIATION; commend.

SR 247

TURNER COUNTY; Board of Elections; chairperson serve chief registrar. . HB 1068

TWITTY, KRISTINA; Commend.

.............

.............. SR 107

u

UDC LAURA RUTHERFORD CHAPTER; commend.

SR 10

UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)

UNFAIR BUSINESS PRACTICES (See Fair Business Practices or Selling or Commerce)

UNINSURED MOTORISTS STUDY COMMITTEE; creation.

SR 168

UNION CITY; mayor and council; election by plurality vote. ................. SB 393

UNION COUNTY; Probate Court; judge serve as chief magistrate.

HB 323

UNIVERSITY OF GEORGIA

Dairy Science Research Center; facility renovation; study committee. ........ SR 195

UGA Law School's Moot Court Team and Their Advisor; commend. ......... SR 318

Younts, S.E. (Gene) of UGA; commend.

.

........ SR 58

UNIVERSITY SYSTEM OF GEORGIA (Also See Colleges or Education)

Alcoholic Beverage Sales; authorize at certain facilities.

HB 682

Georgia Education Authority (University); membership; GEA(U) revenue bond

projects; accounts; staff. ................. ............................. SB 292

Priority Admission for Georgia Residents Over Nonresidents; urging. ........ HR 48

Reserve Officers' Training Corp Program; scholarship grants.

HB 914

University System Scholars, Academic Recognition Day; recognize. .......... SR 383

UPPER FLORIDAN AQUIFER TECHNICAL ADVISORY COMMITTEE Creation. ............................ ................................ HR 326

UPSON COUNTY; Superior Court; Griffin Circuit; judges salary

supplement.

............................. ........ HB 963

U.S. GOVERNMENT (See Federal Government or Congress)

USED CARS, DISMANTLERS, SALVAGE Dealers; security interest on vehicles; disclosure to purchasers. Salvage or Rebuilt Vehicles; registration and license plates. Salvaged or Rebuilt Vehicles; designation on certificate of title. Used Motor Vehicle Dealers; certain auction sales exemption.

............. SB 196 HB 205 SB 302 HB 174

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2592

JOURNAL OF THE SENATE

UTILITIES (See Public Utilities and Transportation)

VALDOSTA, CITY OF; Valdosta Community Improvement Districts Act.

HB 967

VANDALISM
Minors; malicious damage to another's property; parent liability. Minors; willful or malicious acts; liability of parent or guardian. Offense of Vandalism to a Cemetery or Memorial; punishment. Vandalism to a Place of Worship Causing Injuries; penalty.

SB 89 HB 193 HB 840 SB 226

VANN, SOLOMON, JR.; expressing condolences. ........................... SR 451

VASS, MALCOM R.; condolences. ....................................... SR 375

VENEREAL DISEASES (See Health or AIDS)

VETERANS AFFAIRS (Also See Military Affairs) License Plates; disabled veterans; free for vehicle and motorcycle. License Plates Issued to Veterans, POWs; transfer between vehicles. License Plates; special; disabled veterans, Pearl Harbor survivors. Veterans' Homes Administration; revise certain terms. Veterans Memorial Highway; rename Bankhead Highway; Cobb County. Veterans Memorial Parkway; designate in Effingham County.

HB 104 HB 205 HB 869 HB 287 SR 244 HR 106

VETERINARIANS Damage Actions Alleging Professional Malpractice; filing.

SB 276

VETOES BY GOVERNOR; 1997 Session, appropriations, line item.

Page 1003

VICTIMS OF CRIME Inmate Parole Considerations; citizen input; electronic call system. Pardons and Paroles, State Board; implement electronic call system. Victim Assistance Programs; funding; certain fines; all courts. Victims of a Sex Crime; prohibit offender to reside in proximity. Violent Acts Against Residents Outside State; compensation; claims.

SB 23 SB 242 HB 324 SB 375
SB 90

VINTNG, DANIEL W.; claims against the state; compensate.

HR 168

VITAL RECORDS Birth Certificates; child born out of wedlock; naming of father. Concealing Death of Another Person or to Hinder Discovery; penalty. Marriage Licenses; recording; report form and content; ceremonies.

SB 195 SB 316 HB 689

VOTER REGISTRATION AND VOTING Elections; ballot labels for voting machines; number of words. Elections; voting by absentee ballot without giving reason. Electors Requesting to Vote; proper identification required. Georgia Elections Code; enact numerous revisions; amend definitions. Uniform Statewide Voting Equipment; committee study election laws. Voter Identification; valid documents; present at polling place. Voter Participation; urge establish Civics Day in public schools. Voter Signatures Required for Nomination of Candidates by Petition. Voting; absentee ballots; fraud warning; applications for elderly or disabled; poll officers; inactive elector lists.

HB 246 HB 543 SB 273 HB 635 SR 249
SB 43 HR 362 SB 149
HB 889

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INDEX

2593

w

WADE, EVELYN S.; designate Highway 120, Buchanan to honor.

SR 48

WAGES; Unclaimed Payroll Checks for More Than One Year; disposition.

SB 217

WALKER COUNTY Board of Elections and Registration; creation. State Court; judge; secretary's compensation.

HB 627 HB 1021

WALKER, DR. EUGENE P.; honoring.

SR 363

WALLER, ROBERT Honoring. Honoring.

SR 344 SR 369

WALLS, B.E.; commend.

SR 434

WARBURTON, KELLY; commend.

SR 101

WARE COUNTY Property Conveyance; telecommunications equipment easement; AT&T Corporation. State Court; judge and solicitor; compensation. Waycross-Ware County Charter and Unification Study Committee.

SR 165 HB 797 HR 82

WARNER ROBINS, CITY OF; Run-off Elections.

HB 748

WARREN COUNTY; Board of Commissioners; compensation.

HB 918

WASTE MANAGEMENT (Also See Hazardous Materials or Landfills or Natural

Resources)

Environmental Testing Data; commercial laboratories accreditation.

HB 604

Environmental Violations; enforcement rights of citizens affected.

SB 174

Hazardous Substances; waiver of fees; encourage reduction of waste.

HB 510

Landfill Development; local sales tax imposed but proceeds not used.

HB 228

Recycled, Chlorine-free Paper Products; state purchasing guidelines.

SB 255

Recycling and Economic Development Study Committee; create.

SR 112

Recycling and Solid Waste Reduction Fund; amend Constitution.

SR 56

Recycling, Litter Reduction; beverage container deposit-redemption.

SB 191

Sewage Treatment; on-site systems; state-wide regulations.

SB 165

Solid Waste Disposal; facility siting adjacent other city, county; deactivation of

local authorities.

HB 219

Solid Waste Disposal; landfills; contracts to sell, lease or manage; public

hearings; scrap tires; deactivating authorities.

HB 612

Solid Waste; landfills; restrictions; disposal of asphalt roofing shingles; permit

applications for certain sites.

HB 57

Solid Waste; long-term reduction goals; legislative intent.

SB 98

Solid Waste Trust Fund; special license plates to promote recycling.

SB 63

Wastewater Sewer Connection Moratorium; exempt certain publicly funded

facilities.

SB 19

Wastewater Treatment; water quality emergencies; interim manager.

SB 319

Water or Sewer Municipal Systems; authorize contract private firms.

318

Water Resources; Alabama-Coosa-Tallapoosa River Basin Compact.

HB 148

Water Resources; Apalachicola-Chattahoochee-Flint River Basin.

HB 149

Water; sewage wastewater pollutants; sewer connections; ground-water.

HB 528

Water System Operators; high school education requirements.

HB 345

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2594

JOURNAL OF THE SENATE

WATER RESOURCES, PORTS AND WATERCRAFT (Also See Boats or Natural

Resources)

Alabama-Coosa-Tallapoosa River Basin, ACT Interstate Compact.

HB 148

Apalachicola-Chattahoochee-Flint River Basin Interstate Compact.

HB 149

Chattahoochee River Stream Corridor; maps, plats, surveys.

HB 433

Coastal Ground-Water Issues; salt-water intrusion; study committee.

HR 326

Coastal Ground-Water Resources and Upper Floridan Aquifer and Salt-water

Intrusion Issues; joint committee to study.

. SR 225

Coastal Zones Management Program; coordination with other agencies.

HB 167

Code Revision; Title 52; correct errors and omissions.

HB 123

Crabbing Licenses; commercial fishermen; use of crab traps, floats. ...... HB 212

Drinking Water Regulations; privately-owned public water systems.

SB 252

Environmental Testing Data; commercial laboratories; accreditation.

HB 604

Environmental Trust Fund for Reparation of Damages; provide for.

. SR 86

Environmental Violations; enforcement rights of citizens affected.

SB 174

Ground-Water; special management area; withdrawal threshold; permit.

HB 528

Municipal Water or Sewer Systems; authorize contract private firms.

SB 318

Ports Authority, Georgia; director; membership on certain authority.

HB 778

Shrimp Fishery Resources; committee to study.

.............. SR 291

Water Pollution Control; sewer connections moratorium; exempt certain publicly

funded facilities.

............

SB 19

Water Quality Emergencies Due to Sewage Treatment; state appoint interim

manager to improve operations. ...........

SB 319

Water; small public supply systems; operator education requirement.

HB 345

Water; wastewater pollutants; sewer hookup moratorium exemption; discharges

into Chattahoochee River, federal assistance.

...................... HB 528

Water Well Drilling Industry, Importance of Ground Water; recognize.

SR 277

Waters, Wetlands; pollutant discharge facilities; permit to operate. .......... SB 347

WATERS, CHARLES R., JR.; condolences.

SR 357

WATERS, ROMIE OF TATTNALL COUNTY; tribute to.

SR 47

WAYCROSS, CITY OF

Change Corporate Limits.

...

.......... HB 798

Police Court; restyle as Municipal Court.

.................... HB 787

Waycross-Ware County Charter and Unification Study Committee.

HR 82

WAYNE COUNTY

Georgia Coastal Zones Management Act; enact.

......... HB 167

State Court (City Court of Jesup); change term. ............ .

HB 965

WEAPONS (See Firearms or Guns or Crimes)

WEBB, PATRICIA A.; University System Scholar; commend. ............... SR 40

WEBSTER COUNTY

Board of Elections and Registration; create.

................... HB 676

Motor Vehicle Registration; tag sales; nonstaggered period.

HB 731

WEISS, A.M. "BUZZ", ASSISTANT SENATE INFORMATION DIRECTOR;

introduced. .......

........

Page 48

WELFARE (See Social Services or Human Resources or Public Assistance) AFDC Benefits; require name child's father on birth certificate. Community Services Block Grant Funds; distribution by contract. ........ Economically Disadvantaged Youth; job skills training program. Food Stamp Coupons; overissuances; withhold unemployment benefits. ...

SB 195 HB 206
SB 68 SB 148

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INDEX

2595

WELFARE (Continued)

Immigrants and Migrant Workers; committee to study impact of Temporary

Assistance for Needy Families Act/TANF.

SR 219

Increase Employment Opportunities; Enterprise Zone Employment Act.

HB 663

Medicaid; enrollment of recipients in HMOs; marketing contracts.

SB 390

Medicaid Fraud Forfeiture Act of 1997; enact.

HB 377

Medicaid, Market Based Reform Act; patient incentives; reduce costs.

SB 260

Medicaid Patients; change prior approval of prescription drugs.

SB 139

Medicaid; providers; fraudulently obtaining payments; penalties.

SB 304

Medicaid; reimburse independent diagnostic radiology services.

SB 238

Medicaid; reimbursement; inpatient care for mental diseases.

HB 465

Medicaid; voluntary enrollment in HMOs; personal responsibility and health

care incentives; committee to study.

SR 371

Public Assistance; child born to unwed mother; enforce father's duty of support;

claims of paternity. ...... ..................... ......... .......... SB 58

Public Assistance; teenage recipients; parenting education.

SB 41

Recipients of TANF; urge 2-year pilot project to allow develop bank account,

establish self-sufficiency without penalty.

SR 49

Social Assistance Register; persons willing to help DFACs recipients.

SB 267

Temporary Assistance for Needy Families Act; enact TANF Program.

SB 104

Welfare and Health Care Reforms; committee to study impact.

SR 395

Welfare Reform; concerns of Georgia Conference of Black Mayors.

SR 111

WELLBORN, SAM M.; elected member of State Transportation Board.

Page 49

WELLS; Drinking Water; privately-owned public water system; standards.

SB 252

WELLS, DONNA E. LOWARY; University System Scholar; commend.

SR 404

WEST, N.A.; designate bridge in City of East Ellijay to honor.

HR 288

WEST POINT LAKE WATER PROBLEMS; urge Congressman Bob Barr help

resolve.

SR 353

WHITE, NORMA SOLOMON; Educator and Musician; commend.

SR 182

WHITFIELD COUNTY Designate; Reverend Charles Walter Hayes Memorial Highway and Bridge. Designate; Reverend Charles Walter Hayes Memorial Highway and Bridge. Sales Tax for Education; proceeds for county, Dalton school systems.

SR 252
HR 159 HB 1003

WIGGLESWORTH, THOMAS, UGA DEGREE IN HISTORY AT AGE 92 Commend.

SR 374

WIKLE, WILLIAM ARTHUR; designate Lovell-Wikle Scenic Highway

SR 214

WILCOX COUNTY; Board of Commissioners; compensation.

HB 601

WILKES COUNTY Coroner; employment benefits. Hospital Authority; filling of vacancies.

HB 980 HB 1038

WILKINSON COUNTY Board of Commissioners; compensation. Board of Education; compensation.

HB 960 HB 961

WILLACOOCHEE, CITY OF Mayor and Aldermen; elections; oath; vacancies. Mayor and Aldermen; powers; utility services.

HB 928 HB 927

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2596

JOURNAL OF THE SENATE

WILLIAMS, DOUG; Morehouse College Football Coach; commend.

SR 157

WILLIAMS, DR. WILLIS HOWARD; commend.

SR 328

WILLIAMS, LAURA L.; University System Scholar; commend.

SR 403

WILLIAMS, MAJOR W.L.; Savannah Police Department; commend.

SR 300

WILLIFORD, TINA OF ELBERT COUNTY; commend.

SR 329

WILLINGHAM, HAROLD S.; designate portion South Marietta Loop to honor.

SR 236

WILLS, TRUSTS AND ESTATES

Agents; restrict power of attorney to transfer property ownership.

HB 55

County Guardians as County Administrators; appointment.

SB 136

Estates; disposal of vehicles by auction; dealer exception.

HB 174

Estates; year's support for surviving spouse and minor children. ............ SB 395

Guardianship Statutes; re-create Joint Rewrite Committee.

SR 73

Inheritance Without a Will; decedent's heirs; spouse's inheritance. .......... SB 265

Motion to Dismiss a Caveat to Probate of a Will; appeal of orders.

HB 291

Power of Attorney; clarify when agent's authority terminates.

SB 183

Probate Code Revisions, Clarity, Modernizations, OCGA Title 53.

HB 245

Securities Dealers; split commissions with beneficiary, heir. ................. SB 13

WINDER, CITY OF Mayor; repeal two-term limit ........................................... HB 799

WINES AND WINERIES (Also See Alcoholic Beverages) Farm Wineries; sales of wines and alcoholic beverages on premises. Farm Winery Sales; special entertainment districts; local authority. Prohibit Direct Shipments from Another State to Unlicensed Persons.

HB 93 HB 834 HB 119

WINN, HENRY A.; condolences.

SR 34

WOMEN'S ISSUES Abortion; prohibit partial-birth abortion method; penalties. Abortion; prohibited medical procedure; partial-birth abortion. Abortion; prohibited medical procedure; partial-birth abortion. Abortion, Sterilization Procedures; Woman's Right to Know Act. Abortion; the female's right to know certain medical facts. Georgia Commission on Women; clarify official activities; expenses. Insurance; health coverage for a divorced or surviving spouse. Insurers; discriminatory acts against victims of violence, abuse. Mastectomy Patient Care Act; health insurers required coverage. Offenses of Battery Against a Female Who is Pregnant; punishment. Surgical Procedures Including Mastectomies; hospital inpatient care. Women's Cancer Care Issues; postmastectomy patient care; study of. Women's Health Care Issues Study Committee; create.

SB 357 SB 123 SB 348 SB 216 SB 153 HB 761 SB 320 SB 186 SB 54 SB 205 SB 330 SR 378 SR 340

WOOD, KENNY; commend.

SR 99

WOODS, SERGEANT HAROLD; commend.

SR 210

WOODSTOCK, CITY OF; 100th Anniversary; Centennial Interchange.

SR 214

WORKERS' COMPENSATION Appeals of Decisions of State Board After Superior Court Review. Appeals of State Board Decisions; time periods to affirm. Fraud and Compliance; investigator's powers; cost of collection. Hearings Before Administrative Law Judges; affirming of decisions. Insurance; premium discounts; drug-free workplace programs.

SB 34 SB 368 HB 331 HB 331 SB 155

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INDEX
WORKERS' COMPENSATION (Continued) Insurance Premium Discounts for Drug-Free Workplace Programs. Insurers Acting as Third-party Administrators, Servicing Agents. Insurers or self-insurer funds; complaints against; investigation. Medical Service Provider Billing Errors; covered employee injuries. Medical Service Provider Billing Errors; covered employee injuries. Self-insurers Guaranty Trust Fund; trustees; powers; immunity. Sports Officials Qualifying as Independent Contractors. Subsequent Injury Trust Fund; impact of ADA on small employers. Weekly Benefits for Total, Temporary or Partial Disability.
WORTHINGTON, SAMUEL E.; University System Scholar; commend. WRECKERS (See Towing, Wrecker Services)
X,Y,Z
YOUNG DRIVERS Driver's Education Programs in Schools; joint committee to study. Driver's Education Study Committee; create. Driver's Education; urge implement within public schools. Drivers License; persons under age 18; require driver education. Driver's License; prerequisites; new provisional Class D license. Driver's License; proof of school enrollment and attendance. DUI Violation; drivers under age 18; license suspended 12 months. DUI; violations; drivers under age 21 .02 grams or more; testing. Teenage and Adult Driver Responsibility Act; enact.
YOUNTS, S.E. (GENE) OF UGA; commend. YOUTH DETENTION CENTER; dedication to Bob Richards; honoring. YU, GRACE; University System Scholar; commend.
ZOLLER, DR. MICHAEL; commend. ZONING (Also See Property, Local Government)
Annexation of Commercial Property by a Municipality; requirements. County Boundary Lines; petitions to change; procedures. Municipalities; annexation or deannexation methods; local Acts. Restrictions; location of adult bookstores or movie houses.

2597
HB 584 HB 331 SB 376 SB 384 HB 331 SB 166 SB 263 SR 279 HB 331 SR 402
SR 72 SR 17 SR 312 SB 241 SB 17 SB 38 SB 88 SB 66 HB 681 SR 58 SR 358 SR 436 SR 354
SB 251 SB 380 HB 217 SB 62

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