Compiler's Note The Journal of the Senate for the regular session of 1998 is bound in two separate volumes. Volume One contains January 12,1998 through March 12, 1998. Volume Two contains March 13,1998 through March 19,1998 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 1998 VOLUME ONE Commenced at Atlanta, Georgia, Monday, January 12, 1998 and adjourned Thursday, March 19, 1998 Printed on Recycled Paper OFFICERS OF THE STATE SENATE 1998 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 MARIE STAFFORD ......................................... Assistant Journal Clerk DeKALB 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 JANIE KAYLOR .................................................. Assistant to Secretary ROCKDALE COUNTY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1997-1998 Senators District Address "Ralph David" Abernathy, III (D) ............... 38 .. Atlanta Don Balfour (R) ......................................9.. Lilburn Peg Blitch (D) ........................................7.. Homerville Edward E. Boshears (R) ............................ 6.. Brunswick Rooney L. Bowen (D) .............................. 13 .. Cordele Paul C. Broun (D) ................................. 46 .. Athens Robert Brown (D) .................................. 26 .. Macon B. Joseph "Joey" Brush, Jr. (R) ................. 24.. Appling Joe Burton (R) ........................................ 5 .. Atlanta Casey Cagle (R) .................................... 49 .. Gainesville Don Cheeks (D) .................................... 23.. Augusta Charles C.(Chuck) Clay (R) ...................... 37 .. Marietta Mike Crotts (R) .................................... 17.. Conyers Nathan Dean (D) .................................. 31.. Rockmart Michael J. Egan (R) ............................... 40 .. Atlanta Vincent D. Fort (D) ................................ 39 .. Atlanta HughM. Gillis, Sr. (D) ...........................20.. Soperton Pam Glanton (R) ................................... 34.. Riverdale Edwin A. Gochenour (R) .......................... 27 .. Macon Floyd L. Griffin, Jr. (D) ........................... 25 .. Milledgeville A. C.(Bob) Guhl (R) ................................45.. Social Circle Ed Harbison (D) ................................... 15.. Columbus Steve Henson (D) .................................. 55 .. Stone Mountain Jack Hill (D) ..........................................4.. Reidsville George Hooks (D) .................................. 14 .. Americus Waymond "Sonny" Huggins (D) ................. 53 .. LaFayette Donzella J. James (D) ............................. 35.. College Park Diana Harvey Johnson (D) ......................... 2 .. Savannah Eric Johnson (R) ..................................... 1.. Savannah Rene' D. Kemp (D) ...................................3.. Hinesville Robert Lamutt (R) ................................. 21.. Marietta Clay Land (R) ...................................... 16 .. Columbus Steve Langford (D) ................................ 29 .. LaGrange Eddie Madden (D) ................................. 47 .. Elberton Richard O. Marable (D) ........................... 52.. Rome Guy Middleton (D) ................................. 50 .. Dahlonega Mary Margaret Oliver (D) ....................... 42 .. Decatur Sonny Perdue (D) .................................. 18 .. Bonaire Rick Price (R) .......................................28.. Fayetteville Thomas E. Price (R) ............................... 56.. Roswell Harold J. Ragan (D) ............................... 11.. Cairo David Ralston (R) .................................. 51.. Blue Ridge Billy Ray (R) ........................................ 48.. Lawrenceville Sam P. Roberts (R) ................................ 30 .. Douglasville David Scott (D) ..................................... 36 .. Atlanta Terrell Starr (D) ................................... 44 .. Forest Park Connie Stokes (D) ................................. 43 .. Decatur Van Streat (D) ...................................... 19.. Nicholls Charlie Tanksley (R) .............................. 32 .. Marietta Mark Taylor (D) .................................... 12.. Albany Nadine Thomas (D) ................................ 10.. Ellenwood Don R. Thomas (R) ................................ 54.. Dalton Steve Thompson (D) ............................... 33 .. Powder Springs Loyce W. Turner (D) .................................8 .. Valdosta James W. (Jim) Tysinger (R) .................... 41.. Atlanta Charles W. Walker (D) ............................ 22 .. Augusta MONDAY, JANUARY 12, 1998 SENATE JOURNAL Senate Chamber, Atlanta, Georgia Monday, January 12, 1998 First Legislative Day The Senators of the General Assembly of Georgia for the years 1997-98 met pursuant to law in regular session in the Senate Chamber at 10:00 A.M. this day and were called to order by Lieutenant Governor Pierre Howard, President of the Senate. Senator Dean of the 31st moved that Senator Turner of the 8th be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Turner was excused. The President called for the morning roll call, and the following Senators answered to their names: Abernathy Balfour Blitch Boshears Bowen Broun, 46th Gochenour Griffin Guhl Harbison Henson Hill Brown, 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Hooks Huggins James Johnson,D Johnson.E Kemp Lamutt Land Langford Madden Marable Middleton Those not answering were: Oliver Perdue Price,R Price.T Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas.D Thomas,N Thompson Tysinger Walker Taylor Turner (excused) The Paulding County High School Color Guard presented the Colors and led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Jeana Malone sang "The Star Spangled Banner". The Lieutenant Governor and Senator Stokes of the 43rd introduced the chaplain of the day, Bishop Eddie Long, of New Birth Missionary Baptist Church, Decatur, Georgia, who offered scripture reading and prayer. JOURNAL OF THE SENATE The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 725. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution to notify the Senate that the House of Representatives has convened. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 726. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution to notify the Governor that the General Assembly has convened. The Speaker has appointed as a Committee of Notification on the part of the House the following members: Representatives Poag of the 6th, Smith of the 12th, Powell of the 23rd, Teague of the 58th, Buckner of the 95th, Hudson of the 120th and Holland of the 157th. The House has adopted by the requisite constitutional majority the following resolutions of the House: HR 727. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor. The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Stanley of the 49th, Shanahan of the 10th, Rogers of the 20th, Jenkins of the 110th, Alien of the 117th, Purcell of the 147th and Sims of the 167th. HR 728. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor. The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Snow of the 2nd, Barnes of the 33rd, Orrock of the 56th, McBee of the 88th, Bailey of the 93rd, Mosley of the 171st and Thomas of the 148th. HR 729. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor. MONDAY, JANUARY 12, 1998 HR 730. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court. The following resolution was read and put upon its adoption: SR 460. By Senators Perdue of the 18th, Walker of the 22nd, Scott of the 36th: Adopting the Rules of the Senate; and for other purposes. BE IT RESOLVED BY THE SENATE that the Rules of the Senate in force at the adjournment of the regular 1997 session of the General Assembly are hereby adopted as the Rules of the Senate for the regular 1998 session of the General Assembly and for the duration of this General Assembly, with the following amendments which are also hereby adopted: SECTION 1. The Rules of the Senate in force at the adjournment of the regular 1997 session are amended by striking the first sentence of Rule 10 and inserting in its place a new sentence to read as follows: "The oath of office prescribed by subsection (a) of this Code section may be administered to the members of the General Assembly by any Justice of the Supreme Court, Judge of the Court of Appeals, or judge of the superior courts, or judge of the state courts." SECTION 2. Said rules are further amended by striking the first sentence of the fourth paragraph of Rule 17 and inserting in its place a new sentence to read as follows: "No person or group shall be introduced or allowed to address the Senate after the IhiiUulli (00) twentieth legislative day of a regular session." SECTION 3. Said rules are further amended by striking the third paragraph of Rule 88 and inserting in its place a new paragraph to read as follows: "Any bill or resolution postponed to a day certain shall take its place at the bottom of the Calendar under which the Senate is operating on the day to which it was postponed; except that after the uiimLeeulli tenth day of any regular session, a bill or resolution postponed for the second time shall be placed on the General Calendar for the day to which it was postponed." SECTION 4. Said rules are further amended by striking Rule 97 and inserting in its place a new rule to read as follows: "Rule 97. All bills and resolutions reconsidered shall take their place at the foot of the calendar of bills then in order for a third reading; however, during the last twenty-one (2i) thirty (30) legislative days of each session, a reconsidered bill or resolution which was passed or adopted shall take its place at the foot of the Rules Calendar, and a reconsidered bill or resolution which was defeated shall be placed on the General Calendar." JOURNAL OF THE SENATE SECTION 5. Said rules are further amended in Rule 185 by striking the number "13" which designates the number of members of the Health and Human Services Committee and inserting in its place the number "14" and by striking the number "6" which designates the number of members of the Interstate Cooperation Committee and inserting in its place the number "7". SECTION 6. Said rules are further amended by adding to Rule 185A(d) a new paragraph (8.2) to read as follows: "(8.2) No Senator or staff shall knowingly commit any crime involving moral turpitude or knowingly possess, use, manufacture, or distribute any controlled substance, dangerous drug, marijuana, or alcoholic beverage in violation of any state or federal law or any county or municipal ordinance. Conviction of any such crime, the acceptance of a plea of guilty or nolo contendere to any such crime, or payment of a criminal or administrative penalty for any such crime shall constitute a violation of this rule." Senators Clay of the 37th and Tanksley of the 32nd offered the following amendment: Amend SR 460 by adding at line 33 of p.2 after the 1st word "or" the following word,"imposition" 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 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: Y Abernathy Y Griffin Y Price,R Y Balfour Y Guhl Y Price,T Y Blitch Y Harbison Y Ragan Y Boshears Y Henson Y Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Y Brown, 26th Y Huggins Y Scott Y Brush Y James Y Starr Y Burton Y Johnson.D Y Stokes Y Cagle Y Johnson.E Y Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas.D Y Dean Y Langford Y Thomas,N Y Egan Y Madden Y Thompson Y Fort Y Marable EX Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Y Perdue On the adoption of the resolution, the yeas were 55, nays 0 The resolution having received the requisite constitutional majority, was adopted as amended. The following resolutions were read and put upon their adoption: MONDAY, JANUARY 12, 1998 HR 726. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution to notify the Governor that the General Assembly has convened. On the adoption of the resolution, the yeas were 45, nays 0, and the resolution was adopted. The President appointed as a Committee of Notification the following SenatorsiPerdue of the 18th, Walker of the 22nd, Hooks of the 14th, Starr of the 44th, Dean of the 31st, Gillis of the 20th and Broun of the 46th. SR 461. By Senators Perdue of the 18th, Walker of the 22nd and Scott of the 36th: A resolution to notify the House of Representatives that the Senate has convened. On the adoption of the resolution, the yeas were 42, nays 0, and the resolution was adopted. HR 727. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor. On the adoption of the resolution, the yeas were 43, nays 0, and the resolution was adopted. HR 728. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor. On the adoption of the resolution, the yeas were 41, nays 0, and the resolution was adopted. HR 729. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor. On the adoption of the resolution, the yeas were 44, nays 0, and the resolution was adopted. HR 730. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court. On the adoption of the resolution, the yeas were 41, nays 1, and the resolution was adopted. SR 464. By Senator Broun of the 46th: JOURNAL OF THE SENATE A resolution recognizing and commending Dr. Michael F. Adams as the newly appointed president of the University of Georgia. On the adoption of the resolution, the yeas were 39, nays 0, and the resolution was adopted. The following bills were introduced, read the first time and referred to committees: SB 402. By Senator Egan of the 40th: A bill to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to comprehensively reorganize and rewrite Article 8, relating to investment securities; to provide a short title and definitions; to provide rules for determining whether certain obligations and interests are securities or financial assets; to provide for acquisition of a security or financial asset or interest therein. Referred to Committee on Special Judiciary. SB 403. By Senator Land of the 16th: A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to motor vehicle instruction permits, graduated licensing, and related restrictions, so as to apply a driving record under a learner's permit previously issued by another state toward meeting eligibility requirements for a Class D driver's license. Referred to Committee on Public Safety. SB 404. By Senators Middleton of the 50th, Madden of the 47th and Ralston of the 51st: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change the eligibility for and method of calculating the amount of state grants for joint after-school programs for at-risk students; to provide for related matters; to provide an effective date. Referred to Committee on Education. SB 405. By Senators Guhl of the 45th, Starr of the 44th, Gochenour of the 27th and others: A bill to amend Article 6 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to feticide, so as to further define the offense to include self-inflicted injury to a pregnant woman or a quick fetus which injury results in the death of a quick fetus; to provide an effective date and for applicability. Referred to Committee on Special Judiciary. SB 406. By Senators Guhl of the 45th, Starr of the 44th, Price of the 56th and Crotts of the 17th: A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to prohibitions against loitering at or disrupting schools, so as to provide that it shall be unlawful for any person to remain upon the premises or within the school safety zone of any public or private school in this state when that person does not have a legitimate cause or need to be present thereon. MONDAY, JANUARY 12, 1998 Referred to Committee on Education. SB 407. By Senators Scott of the 36th, Walker of the 22nd, Egan of the 40th and others: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices in general, so as to provide that it shall be unlawful for any person negligently to allow a minor to obtain possession of a pistol or revolver; to provide for criminal penalties. Referred to Committee on Judiciary. SR 459. By Senators Madden of the 47th, Cheeks of the 23rd, Oliver of the 42nd and Middleton of the 50th: A resolution censuring the Senator from the 38th District for misconduct. Referred to Committee on Ethics. SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others: A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Corrections, Correctional Institutions & Property. SR 467. By Senators Middleton of the 50th, Marable of the 52nd and Hooks of the 14th: A resolution creating a Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act". Referred to Committee on Education. The following communications were received and read by the Secretary: STATE OF GEORGIA Office of the Governor Atlanta 30334-0900 TO: Honorable Pierre Howard Honorable Thomas B. Murphy FROM: Mark H. Cohen DATE: April 24, 1997 RE: Line Item Vetoes in House Bill 204 Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 204: Section 8, Page 7, "Local Assistance Grants - $2,110,000" Section 11, Page 12, "Applied Technology Labs - $2,400,000" Section 11, Page 12, "Learning Logic Sites - $1,100,000" Section 23, Page 23, "Recreation - $1,000,000 JOURNAL OF THE SENATE Section 23, Page 23, "Chattahoochee River Basin Grants - $2,900,000" Section 27, Page 28, "Capital Outlay - $200,000" Section 39, page 35 Section 40, Page 35, Second Paragraph, including all local assistance grants through Page 38 Section 43, Page 39, Second Paragraph Section 43, Page 39, Third Paragraph Section 45, Page 40, Second Paragraph Section 47, Page 41, First Paragraph after Item (f) Section 56, Page 43 Section 57, Page 44, Fourth Full paragraph beginning "From the appropriation designated 'State General Funds (New)', $827,875 is specifically appropriated for the Department of Technical and Adult Education...." Section 57, Page 44, Fifth Full Paragraph beginning "From the appropriation designated 'State General Funds (New)', $118,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents...." Section 57, Page 45, First Full Paragraph beginning "From the appropriation,designated 'State General Funds (New)', $545,750 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority...." Section 57, Page 45, Fifth Full Paragraph beginning "From the appropriation designated 'State General Funds (New)', $1,715,220 is specifically appropriated for the purpose of financing facilities for the Department (oflEducation...." The veto messages are attached for each item referenced above. GOVERNOR'S VETOES IN HOUSE BILL 204 Section 8, page 7, line 310 and Section 40, pages 35 through 38, lines 1581 through 1707, pertaining to the Department of Community Affairs: This line item contains $2,110,000 allocated for 89 separate local assistance grants. $17,412,335 was appropriated for this purpose in the F.Y. 1997 original budget and another $6,702,636 was added in the F.Y. 1997 Amended Budget during the 1997 Session. In this time of budget redirection and fiscal constraint, it seems only proper that other priorities should be more carefully considered. Adequate resources were made available through the F.Y. 1997 budget to address local project needs. The funds in this line item could be better allocated to high priority needs such as education. Therefore, this line item and the corresponding individual grants are vetoed. Section 11 pertaining to the Department of Education, page 12, line 518: While state funds have been used since F.Y. 1988 to selectively fund vocational education equipment for new or modified high school vocational labs, lottery funds have been used since F.Y. 1995 to fund computer equipment for Introduction to Technology courses for new or modified high school vocational labs. Since F.Y. 1995, almost $10 million in lottery funds has been appropriated for this purpose. However, like the vocational education equipment purchases, most of the schools receiving these funds are not new facilities. The $2.4 million appropriation in F.Y. 1998 would provide computers for 24 schools in 20 local systems, only seven of which are new. MONDAY, JANUARY 12, 1998 The equipment purchased under this program consists of regular personal computers. In addition to this funding object class, nearly $124 million in lottery funds has been dispersed to local school systems for new classroom computers since the beginning of the Lottery for Education program. Computer equipment for classrooms, including those used for Introduction to Technology courses has become standard school equipment and should be replaced with formula funding for replacement equipment provided through the QBE formula and with the lottery funding provided for computer purchases. This funding is therefore vetoed. Section 11 pertaining to the Department of Education, page 12, line 526: These funds are to equip one computer lab in each of Georgia's 11 congressional districts at a cost of $100,000 per lab. A total of $3,024,000 in lottery funds has been used for this purpose in prior years. This does not represent the most economical way for local schools to acquire computer hardware and software. Also included in House Bill 204, is $36,841,431 in lottery funds for the purchase of classroom computers for local systems. These funds will be distributed on the basis of $27.48 per FTE. This represents a far more efficient and effective use of state funds for the acquisition of computers for Georgia's schools. This funding is therefore vetoed. Section 23 pertaining to the Department of Natural Resources, page 23, line 1047: This line item allocates $1,000,000 for Recreation Grants in the Department of Natural Resources. These grants are for local recreation programs. The Governor's proposed budget for this grant program has been $500,000 for several years, but the General Assembly has added to it each year. Last year, the General Assembly added $300,000 to provide an $800,000 grant program. For the F.Y. 1998 budget, the General Assembly has doubled the Governor's recommendation to bring the total to $1,000,000. In addition, the General Assembly appropriated $2,461,276 in Local Assistance Grants (36% of the total Local Assistance Grants amount) for recreation in the F.Y. 1997 Amended Budget. Thus, even without the Recreation Grants program in the Department of Natural Resources, there are adequate resources for recreation needs in this state. Given the need to exercise fiscal restraint in allocating state resources, this grant line item is vetoed. Section 23, page 23, line 1048 and Section 45, page 40, lines 1774 through 1775, pertaining to the Department of Natural Resources: House Bill 204 includes $2.9 million in the line item "Chattahoochee River Basin Grants" and corresponding language. The Hazardous Waste Trust Fund is wholly funded by fees and fines collected by the Environmental Protection Division (EPD) and is used to clean-up serious hazardous waste sites throughout the state. Based upon expected revenues and the Governor's recommended funding level for the Trust Fund, EPD estimates that the State Superfund program will still be short more than $19 million when the law sunsets in 2003 even if no new hazardous waste sites are discovered. Thus, it is not fiscally sound to reprogram funding from the Trust Fund for other purposes. Funding for this grant program was initially added to the F.Y. 1997 budget. A majority of the 14 applications (totaling $5,068,281) for F.Y. 1997 Chattahoochee River Basin Grants were for projects that clearly are not related to Atlanta's wastewater discharges. EPD awarded grants to nine local communities, but the projects being funded are not critical environmental or health priorities. The projects for F.Y. 1997 included riverbank and shoreline litter removal, silt removal at a park, and public education about erosion 10 JOURNAL OF THE SENATE and sediment control. These projects are not of the same value as cleaning up lead that threatens children at Herndon Home in Atlanta or abandoned wood treating waste in South Georgia where groundwater is being contaminated. In addition, some of the grants that were funded include water supply improvements in Columbus and LaGrange, projects that are usually funded by local governments through user fees or through Georgia Environmental Facility Authority low-interest loans. Therefore, this grant item is vetoed. Section 27 pertaining to the Board of Regents, University System of Georgia, page 28, line 1233: This funding was earmarked for the renovation of a dairy at College Station at the University of Georgia. A recently completed program evaluation documents that the Agricultural Experiment Stations receive major repair and renovation funds that could be used to renovate the dairy. Funding for this project was not originally requested by the Board of Regents. Therefore, this line item is vetoed. Section 39 pertaining to the Department of Administrative services, page 35, lines 1571 through 1574: This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800 mega hertz system. We now believe that a limited number of communication equipment purchases need to be made for security and safety reasons that may not be compatible with an 800 mega hertz system. The Office of Planning and Budget will issue a policy guideline relative to communications equipment purchases which will address budgetary approval and technical review requirements. This language has been vetoed previously. Section 43 pertaining to the Department of Medical Assistance, page 39, lines 1755 through 1756: The inclusion of the proposed language would compromise the department's ability to effectively and efficiently manage the use of pharmaceuticals by Medicaid recipients. The department already utilizes a prior authorization system that is based on the individual patient's clinical and medical criteria. In addition, the language establishes an unnecessary intrusion into the day to day operation of an executive branch agency by the legislature. Specific benefits and service limitations are determined by Board review and amendments to the state plan. Therefore, for these reasons, I am vetoing the cited language. Section 43 pertaining to the Department of Medical Assistance, page 39, lines 1757 through 1758: The language and the corresponding appropriation of $4.1 million in state funds are not sufficient to cover the cost of a rate increase for all nursing home providers. The department has projected a cost of $16.6 million in state funds for the nursing home rate increase. In addition, the language violates federal Medicaid regulations by excluding state facilities from the rate increase. Under existing federal Medicaid regulations, the rate increase must be given to all nursing home providers. Therefore, for these reasons, I am vetoing the cited language. Section 47 pertaining to the Department of Transportation, page 41, lines 1804 through 1807: MONDAY, JANUARY 12, 1998 11 House Bill 204 authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions asssigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendations to the General Assembly or in the annual appropriations act. Therefore, this language is unnecessary. This language has been vetoed previously. Section 56 pertaining to federal funds, page 43, lines 1901 through 1995: This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's abililty to accept additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously. Section 57 pertaining to Bonds for the Department of Technical and Adult Education, page 44, lines 1954 through 1962: Bonds for technical school facilities and public libraries amounting to $8,950,000 are provided for in this section of House Bill 204. These facilities include: $500,000 for an Adult Learning Center in Turner County; $2.4 million for public library facilities in Bryan, Chatham, Dodge, Effingham, Henry, Jeff Davis and Union Counties; $50,000 for a library for the city of Aragon; $3.6 million to renovate facilities at North Georgia Tech; and $2.4 million to renovate facilities at South Georgia Tech. Public libraries are one of the few areas in this budget that had no budget reductions from redirection, and in fact, received substantial funding to have Internet and Galileo connection for libraries in each county. In the long run, the Internet and Galileo connections are more important for the future of public libraries than new buildings. In addition, it is prudent both from a policy and a fiscal perspective to wait on any new library expansions until the Department of Technical and Adult Education has completed its strategic plan and capital plan for the library system. These plans may influence the way libraries and any expansions are designed. The renovations at both North Georgia Tech and South Georgia Tech are designed to convert old dormitory space into classroom space. Yet the department is currently stretched to the limit for operational funding and has not proposed a plan for operating these new classrooms without taking funds from other deserving programs in the system. Due to a lack of adequate planning, no provisions for operating additional facilities without a significant infusion of new funding, and a concern for the overall size of the approved bond package, the authorization for these projects is vetoed. Section 57 pertaining to Bonds for the Board of Regents, page 44, lines 1963 through 1968 and page 45, line 1969~ This item provides funds for the planning and design of a classroom facility at Augusta State University. This project was not part of the original capital outlay request of the Board of Regents for F.Y. 1998. The Chancellor later submitted a request for $350,000 for a facility master plan for Augusta State University to assess the classroom situation. These 12 JOURNAL OF THE SENATE funds were included in the Governor's recommendation. The P.Y. 1998 budget removes the funds designated for a master plan and provides $1,280,000 in bonds funds for the planning and design of the new classroom facility. Conducting the planning and design requirements for a project this large before the proper master plan has been developed is not prudent. Because the master plan will be done first, this funding is not yet needed. The Board of Regents will develop a new priority listing of needed capital outlay projects and will assign this Augusta project the proper priority placement. Therefore, the authorization for this project is vetoed. Section 57 pertaining to Bonds for the Georgia Ports Authority, page 45, lines 1970 through 1976: This portion of the bond section of House Bill 204 authorizes 20 year debt financing in the amount of $5.9 million for the Georgia Ports Authority for three projects: planning and environmental studies for the Brunswick deepening ($600,000), design and engineering of the Brunswick Harbor deepening ($4.0 million including state advance funding of the federal share), and repairs to the Bainbridge dock and replacement of its material handling conveyor ($1.3 million). The first project (planning and environmental studies for the Brunswick deepening) was funded last year and the Georgia Ports Authority was to provide funding for a portion of the project equivalent to the state grant and to pay for any cost overage. The state has provided its commitment to the project. The design and engineering of the Brunswick Harbor deepening were considered by the Governor for funding along with the $28 million in facility improvements approved for the Authority. The deepening was rejected in part because the state was not only paying its share but was advance funding the federal share in anticipation of it being appropriated by Congress. In light of the efforts of Congress to balance the budget, it is much more problematical than in previous years that funding will be provided. Also considering the estimated $60 million to deepen the channel, the state of Georgia should not provide full advance funding for this project. If Congress appropriates the federal share of this project, the state can reconsider its position. With respect to the Bainbridge project, the Ports Authority has sufficient funds to address a repair project of this size. For these reasons and a concern about the overall size of the bond package, the authorization for these projects is vetoed. Section 57 pertaining to Bonds for the Department of Education, page 45, lines 1996 through 2001: This appropriation is a continuation of state support for non-technical vocational equipment for new or modified vocational high school labs. This program began years ago with federal money. State funds were first appropriated for this purpose in the late 1980's when federal funds were no longer made available to the state. Since the beginning of this program, most schools receiving vocational equipment funding are not new facilities. This appropriation requires the state to incur a 5-year debt to provide ordinary vocational equipment for 50 high schools in 32 local systems, only seven of which are new. Since F.Y. 1988, the state has appropriated this special funding for selected high schools in addition to formula funding replacement equipment for all systems. This has resulted in a major funding inequity among local systems. The total state funds per FTE to individual systems between F.Y. 1988 and F.Y. 1996 range from a low of $69 to a high of $1,131. MONDAY, JANUARY 12, 1998 13 Funding for replacement equipment is included in the QBE formula. Local systems should begin to plan ahead to more effectively and efficiently use existing formula funds to meet their current and long range equipment needs. For these reasons, the authorization for this project is vetoed. STATE OF GEORGIA Office of the Governor Atlanta 30334-0900 May 2, 1997 Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Howard: I have vetoed Senate Bill 349 which was passed by the General Assembly of Georgia at the 1997 Regular Session. Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bill and corresponding reasons for its veto are attached. With kindest regards, I remain Sincerely, /s/ Zell Miller STATE OF GEORGIA Office of the Governor Atlanta 30334-0900 May 2, 1997 Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker: I have vetoed House Bills 283, 313, 378, 383, 417, 419, 433, 465, 517, 528, 838, 866, 914, and 1013 which were passed by the General Assembly of Georgia at the 1997 Regular Session. Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their vetoes are attached. With kindest regards, I remain Sincerely, /s/ Zell Miller VETO NUMBER 1 House Bill 283 authorizes ticket brokering in Georgia. With one significant exception, the bill makes it unlawful for any person other than a ticket broker to resell or offer for 14 JOURNAL OF THE SENATE resale any ticket of admission in excess of its face value to athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions. An exception to the ticket brokering requirement actually would legalize the scalping of a ticket for an event by an individual ticket holder who is the "original purchaser" of the ticket as long as that person does not sell the ticket on the property where the event is to be held. Current state law prohibits ticket scalping by everyone. This law has been in existence in one form or another since 1966. In a 1979 decision upholding the constitutionality of the ban on ticket scalping, the Georgia Supreme Court held that the prohibition on the practice of scalping tickets is a reasonable regulation fufilling a legitimate state interest. State v. Major, 243 Ga. 255 (1979). House Bill 283 not only legalizes ticket scalping but also creates an unfair monopoly for ticket brokers. This bill, like one which I vetoed for similar reasons in 1995, fails to protect consumers and is unfair to promoters and artists. The potential problems contained in House Bill 283 include the following: A requirement that bond be posted in the amount of $150,000. This amount is insufficient to protect consumers should a ticket broker fail to provide tickets or abscond with the proceeds. There is no penalty for a ticket broker who fails to deliver a paid-for ticket unless the ticket broker has guaranteed in writing the delivery of the ticket. However, somewhat incredibly, there is no requirement that a ticket broker provide any written guarantee that a ticket be delivered, thereby creating a significant loophole which could greatly harm the ticket-buying public. While the bill purports to regulate ticket brokers, it legalizes ticket scalping by permitting other individuals who purchase tickets for "personal use" to resell those tickets for any price without regulation. This will in fact increase, rather than decrease, consumer confusion and complaints. For the protection of consumers, performers, and athletes, I hereby veto House Bill 283. VETO NUMBER 2 House Bill 313 establishes the Miller County Recreation Authority, a public entity that will own and operate a golf course project in Miller County. After passage, the author of the bill discovered a defect in the effective date of the bill and requested a veto. The correct effective date with the duplicate provisions creating the Miller County Recreation Authority was placed in House Bill 806, which I signed on March 25, 1997. Therefore, at the request of the author, I hereby veto House Bill 313 on technical grounds. VETO NUMBER 3 House Bill 528 is an unfortunate conglomeration of inconsistent, contradictory, and unconstitutional provisions which renders the bill legally flawed. As originally introduced, House Bill 528 amends Georgia's Groundwater Use Act by lowering to 50,000 gallons per day the amount of ground water which may be withdrawn in locations that have been designated by the director of the Environmental Protection Division as special ground water management areas. However, during the last two days MONDAY, JANUARY 12, 1998 15 of the 1997 session, amendments were added to this legislation which, when combined, are irreconcilable, raise considerable constitutional problems, and are unnecessary to achieve their purported objectives. On day 39 of the session, four amendments were added to this bill on the Senate floor. Three of these amend the exact same paragraph (7) of Code Section 12-5-23.2, without repealing any language contained in any of them. To compound the problem, on the 40th and last day, the House passed another amendment, later agreed to by the Senate, which conflicts with the prior Senate amendments but in similar fashion fails to repeal any of them. Adding to this confusion is the fact that House Bill 528 creates an unconstitutional special law and has no general repealer clause which is contained in every bill that passes the General Assembly, which causes it to conflict with existing law. One of the Senate amendments, codified as the first "Section 1A" of the bill, has serious consitutional and policy flaws. It allows "any capital outlay project" funded by the excise tax on rooms, lodgings, and accommodations or "any project of the Atlanta Housing Authority" to connect to a sewer system regardless of whether a sewer moratorium in effect. The City of Atlanta is currently under a moratorium for sewer connections in accordance with a 1996 Act of the General Assembly due to violations of the Water Quality Control Act. See O.C.G.A.*12-5-23.2(c)(6). The Senate amendment just mentioned was meant to provide an exception to the 1996 Act so that an arena could be constructed for the Atlanta Hawks basketball team as well as additional projects of the Atlanta Housing Authority. However, there are at least two legal problems with this amendment. First, in conflict with additional amendments (see below), the reference to "any capital outlay project" without any time limitation could apply to an unlimited number of projects for an indefinite period of time other than just the Hawks arena. Second, the specific reference to the Atlanta Housing Authority creates a special law applicable solely to one housing authority in conflict with the general law contained in the same legislation, thereby violating the constitutional prohibition on special laws. See Ga. Const. 1983, Art. Ill, Sec. VI, Para. IV(a). A second Senate amendment, codified as the second "Section 1A" of House Bill 528, allows "additional sewer connections for which permits were issued prior to the imposition of a moratorium on additional sewer connections." This amendment conflicts with the previous amendment by being more restrictive, applying only to permits issued prior to the moratorium. On the last day of the session, the House added yet another amendment to deal with the Hawks arena and housing authority projects in "Section 1" of House Bill 528. This amendment creates an exception from the sewer moratorium only for certain capital outlay projects started prior to July 1, 1998, or for any public housing authority project so long as the additional connections do not cause the total quantity of sewage to exceed a specified amount. By failing to repeal any of the previous amendments, the House amendment directly conflicts with the two Senate amendments just reviewed. In fact, none of these amendments are needed to allow the Hawks arena to be constructed or to permit particular Atlanta Housing Authority projects to be connected to the sewer system. A permit was issued for the Hawks facility prior to the imposition of the sewer moratorium. EPD previously informed the City of Atlanta that projects per- 16 JOURNAL OF THE SENATE mitted by the city for sewer connection prior to the time any moratorium is in effect may proceed, even if the project is constructed or occupied during the pendency of the moratorium. Similarly, EPD has informed the city that the moratorium applies only to new connections, not to replacement connections like some proposed projects of the Atlanta Housing Authority. There was yet one more amendment, codified as the third "Section 1A" of House Bill 528, which requires EPD to request that the U.S. Environmental Protection Agency assist in devising strategies to prevent future discharges of waste waters into the Chattahoochee River which will violate permitted phosphorus levels. The Georgia EPD is delegated the authority to administer the waste water discharge program required by the federal Clean Water Act, which includes enforcement of discharge permit limits. In addition, EPD has agreed to work jointly with the federal EPA on enforcement of discharge permit limits within the City of Atlanta. The original intent of this bill, which is to lower the groundwater permit threshold under certain circumstances, may be a laudable goal. Unfortunately, due to the manner in which amendments were added to this bill during the closing hours of the 1997 session, that intent has been offset by the legal morass presented by the final version of this legislation. EPD can still achieve the objective of the original legislation through the permitting process of the Georgia Safe Drinking Water Act, O.C.G.A.**12-5-170, et seq. To summarize, House Bill 528 has multiple provisions which expressly conflict with and contradict one another, no general repealer clause, and one provision which is likely to be held unconstitutional. The intent of the bill can be accomplished through existing law. For all of these reasons, I have no choice but to veto House Bill 528. VETO NUMBER 4 House Bill 1013 changes procedures concerning the appellate review of pretrial proceedings in death cases, and, in so doing, may operate to increase the number of death penalty appeals and create further delays in this appellate process than already exist. Current law provides for the trial judge to conduct a hearing to determine whether an interim review by the Georgia Supreme Court of pretrial rulings in a death penalty case is appropriate to serve the ends of justice, and in doing so the judge must balance whether the delay caused by any such review outweighs the need for the review. Once the trial judge files a report certifying that all pretrial proceedings have been concluded and the case is ready for trial, the prosecutor and the defendant may each file a report identifying areas where reversible error may have occured with the clerk of the superior court, including an application for appeal with respect to any order entered in the case. House Bill 1013 creates two potential problems. First, the bill adds language to current law to expand the issues that could be raised in the intermediate appellate review of a death penalty case. Second, the amendatory language in the bill arguably may create a right for prosecutors or defendants to appeal any and all pretrial decisions directly to the Georgia Supreme Court without any determination by the trial court that such an appeal would be appropriate to serve the ends of justice. Because of the uncertainty in the language contained in the bill, which could create additional appeals in death penalty cases in spite of a determination by the trial court that an interim appeal is not appropriate, the Attorney General has recommended that House Bill 1013 be vetoed. MONDAY, JANUARY 12, 1998 17 For the above reasons, I hereby veto House Bill 1013. VETO NUMBER 5 House Bill 417 allows an income tax credit of $500 for individuals who purchase new single-family homes containing specified accessibility features, or a tax credit of the lower of $125 or the actual cost of each added accessibilty feature for a modification to an existing single-family home, up to a total credit of $500. There is no requirement that any such accessibility feature actually be used by someone physically challenged who would receive the benefit of the feature. This bill will create a significant revenue loss for the State of Georgia without any guaranteed benefit for anyone actually needing and using an accessibility feature. If ten percent of Georgia's new home purchases were eligible for the $500 credit and only one accessibility feature was added in one percent of existing homes, the new revenue loss to the state in tax year 1998 would be approximately $2.6 million for the new purchases and $2.7 million for the existing home installation, for a total revenue loss of $5.3 million. None of these estimated costs were included in House Bill 204, the Fiscal Year 1998 budget act. Therefore, due to the negative financial impact upon state revenues, I hereby veto House Bill 417. VETO NUMBER 6 House Bill 517 provides, in part, for an income tax credit for qualified caregiving expenses of the lesser of $500 or ten percent of the qualified expenses on behalf of family members at least 62 years of age, beginning January, 1999. The estimated costs of this tax credit for the first applicable fiscal year are between $4 and $6 million, with an additional incremental cost for subsequent years. This amount of money would have to be found in what promises to be an extremely tight budget for a future fiscal year. It is fiscally irresponsible to impose such a significant impact upon revenue in advance of a budget which has yet to be proposed. Unless the estimated costs of this credit are included in the budget act for which it is proposed, the credit will result in the budget being out of balance. Due to this negative financial impact upon state revenue, I hereby veto House Bill 517. VETO NUMBER 7 House Bill 866 creates the Georgia Golf Hall of Fame Authority. The Authority would consist of 15 members who also serve on the current Georgia Golf Hall of Fame Board. The Authority would be empowered to receive, generate, and administer revenue toward the operation of the Georgia Golf Hall of Fame, contract with other governmental entitites, and accept federal loans and grants. Significantly, the Authority would be permitted to issue revenue bonds to finance some or all of the construction and related expenses concerning the Georgia Golf Hall of Fame. The legislation requires the Authority to establish a debt sinking fund using the Authority's revenues as a pledge for the issuance of any revenue bonds, and stipulates that these bonds "shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state." The reasons for vetoing this bill are financial in nature. It presently is unclear whether the Georgia Golf Hall of Fame will require an operating subsidy similar to the 18 JOURNAL OF THE SENATE Music Hall of Fame Authority or other state authorities. The Georgia Golf Hall of Fame Board itself is receiving $85,000 in state funds in Fiscal year 1997 and is budgeted to receive the same amount in Fiscal Year 1998. In addition, the Board under current law can receive state general obligation bond financing and other financing for projects related to the Georgia Golf Hall of Fame. The need to create a separate state entity to issue revenue bonds for this same purpose is questionable, particularly when the revenue potential of the planned facility to support its operation and any revenue bonds issued is unproven. For these reasons, I hereby veto House Bill 866. VETO NUMBER 8 House Bill 378 amends the Georgia Business Expansion Support Act (BEST) of 1994 in several ways which undermines the intent of the BEST legislation and will result in a revenue loss for the state. Current law provides that businesses in any industry in counties designated as "Tier 1 (the 53 poorest counties in Georgia) prior to January 1, 1994, are eligible for a jobs tax credit until the statute's sunset date of December 31, 1997. Thereafter, only businesses in specific qualifying industries, such as manufacturing, warehousing and distribution, telecommunications, tourism, processing, and research and development will be eligible for the credit. House Bill 378 would remove the sunset date for the special credit for Tier 1 counties, apply the credit only to the 40 poorest counties, and open the credit up to any type of business. The purpose of the jobs tax credit in the BEST legislation is to provide an incentive for businesses to locate or expand in Georgia or in a certain group of counties rather than anywhere else. With the removal of the sunset provision, all businesses, including retail establishments, in any of the 40 poorest counties could qualify for the jobs tax credit. This legislation originally was passed and has been expanded over the past few years to provide Georgia with locational incentives similar to competing states in the Southeast. Retail businesses are not a part of this incentive package since the decision on where to locate such stores is based almost exclusively on the market demand in a particular location. Therefore, giving a jobs tax credit to such an industry is no more than a gratuity to a business which is going to base its decision to locate based on other factors. In addition, the low wages paid by retail establishments do not usually produce enough taxable income to the state which is sufficient to offset the $2500 jobs tax credit. Consequently, this bill would result in a revenue loss to the state. Consequently, due to the financial impact upon state revenues, I hereby veto House Bill 378. VETO NUMBER 9 House Bill 383 amends the Quality Basic Education Act to include attorneys' fees and costs of litigation in the "reasonable and necessary expenses incurred in educating {a) child" in facilities operated by the Department of Human Resources or the Department of Children and Youth Services for which the state reimburses local school systems under the QBE formula. MONDAY, JANUARY 12, 1998 19 This has a potential of an adverse impact upon the state education budget. The treatment and education of students in state facilities can be a very litigious area. While it is impssible to estimate the extent of attorneys' fees and litigation costs which the state would have to reimburse under this legislation, approval of the bill would result in less incentive for local school systems to reach a settlement in many cases before they go to court if those local systems are not themselves responsible for the costs of litigation. In addition, amendments were added to House Bill 383 in the Senate to allow middle schools to offer foreign language instruction to all students (rather than those who score at or above the sixtieth percentile on a national normed test of reading achievement) and to permit school security personnel in all counties to be authorized to carry a weapon (rather than just those counties having a population of at least 100,000). These are major policy changes which received only limited discussion and are totally unrelated to the original purpose of the bill. Based on the budgetary implications of state funding for legal fees expended by local school systems as a part of the necessary expenses for the education of children in certain state facilities, I hereby veto House Bill 383. VETO NUMBER 10 House Bill 465 has negative budget implications while it attempts to mandate by statute what the Department of Medical Assistance is permitted to cover under the state's Medicaid plan. The bill authorizes the Department of Medical Assistance to amend the state plan for medical assistance to reimburse institutions for mental disease for services provided to individuals under age 21 and over age 65. The bill also limits expenditures for such services to 1996 funding levels for inpatient behavioral health services, adjusted for inflation. There are two reasons for vetoing this legislation. First, the budget neutrality language which caps spending at 1996 funding levels for inpatient behavioral services is unclear and ambiguous. The bill does not specify if the 1996 funding level relates to Medicaid-covered services or Department of Human Resources mental health services, nor does it specify whether this level includes expenditures for both primary and secondary diagnoses. As a result, the funding level language in House Bill 465 raises more questions then it answers and potentially has significant implications on the amount of funding for all mental health services. Second, the bill establishes a troubling precedent that tries to mandate that the Department of Medical Assistance cover a specific category of service under Medicaid. Current Georgia law provides for the Department of Medical Assistance to determine appropriate coverage and changes to the state plan for medical assistance. The department, with the approval of the board, already is authorized to modify the state plan or apply for waivers to extend eligibility or expand services. For the above reasons, I hereby veto House Bill 465. VETO NUMBER 11 House Bill 914 provides for a full scholarship program for any student who has completed the two-year military scholarship program at Georgia Military College in Milledgeville to attend any Board of Regents institution that offers a Reserve Officers' Training Corps (ROTC) program. 20 JOURNAL OF THE SENATE While the state currently funds four year military scholarships at North Georgia College, those recipients are required to attend the military college for four years to retain eligibility for the scholarship. Lottery funds currently are used to support a full military scholarship for selected students attending Georgia Military College, which is a private institution. These funds support 66 scholarships per year. If all Georgia Military College military scholarship recipients attend a Regents institution in their junior and senior years, House Bill 914 could cost between $405,000 and $611,000. None of these estimated costs were included in House Bill 204, the Fiscal Year 1998 budget act. Instead of requiring the state to assume an obligation to provide full military scholarships for students to continue their education at a non-military school, students who complete the program at Georgia military College with a "B" average currently are eligible for the HOPE scholarship at any public or private college in Georgia. In addition, any of these students who go on to North Georgia Military College to complete their education and participate in ROTC will be eligible for a $1,500 annual tuition grant. Due to negative budget implications, the availability of the HOPE scholarship and tuition grants, and the need to continue the policy of providing military scholarships only for those recipients attending military college, I hereby veto House Bill 914. VETO NUMBER 12 Senate Bill 349 originally was introduced on behalf of the Department of Audits, so that this agency can meet new national accounting requirements related to nonprofit organizations and facilitate an earlier compilation of statewide financial statements. However, the bill became flawed when an amendment was added late in the session concerning the manner in which the state seal is affixed to state-owned vehicles. Current law requires the state seal to be placed on the trunk or other conspicuous spot on all state-owned vehicles except law enforcement vehicles used for investigative purposes. Senate Bill 349 would require a decal or seal containing the name of the agency which owns or leases the vehicle to be placed on the front door on each side of any non-investigative state vehicle, and makes any person driving a vehicle not complying with this edict guilty of a misdemeanor. This provision has three problems. First, it will require an expenditure of funds to place these additional markings on every eligible state vehicle, and no such funds were appropriated in House Bill 204, the Fiscal Year 1998 budget act. Second, there is little basis for concluding that the current requirement that the state seal be placed on the trunk of state vehicles does not sufficiently identify those vehicles. The Office of Planning and Budget, the Department of Audits, and the Department of Administrative Services have issued a joint policy memorandum on state-owned motor vehicles that can be modified to address the issue of vehicle markings in event the current law needs further amplification. Finally, the provisions which subject the driver of the vehicle to up to a $1,000 fine and 12 months in jail appear to be overly punitive. With respect to the new procedures needed by the Department of Audits, I will include such requirements in a forthcoming Executive Order to enable that agency to meet federal guidelines. The department can then pursue any additional corrective legislation next session. Based on the reasons stated above, I hereby veto Senate Bill 349. MONDAY, JANUARY 12, 1998 21 VETO NUMBER 13 House Bill 433 prohibits the filing of a civil action to recover damages against land surveyors for any error, defect, omission, or miscalculation in a survey or plat more than six years from the date of the survey or plat. This bill started out as an effort to limit the responsiblity of land surveyors only to those persons in privity of contract with the land surveyor. However, the broad language in the final version of the bill is both anti-consumer and unduly protective of those individuals who may willfully execute an erroneous survey or plat to the detriment of the landowner. Under the provisions of House Bill 433, no person could bring an action for damages against a land surveyor for an error or omission in a survey or plat more than six years from the date of the survey or plat even if the error or omission was intentional or grossly negligent. Moreover, it is entirely possible that such a grievous error would not be discovered by an unsuspecting owner until the property in question is sold much later in time. It is unfair and inequitable to bar every person from bringing an action under such circumstances. Based on these reasons, I hereby veto House Bill 433. VETO NUMBER 14 House Bill 419 provides that "heavy-duty equipment motor vehicles" when owned by a dealer engaged in the business of selling such vehicles will not be subject to ad valorem tax normally assessed against tangible property. Currently, heavy-duty equipment vehicles are subject to the same ad valorem tax rules as any other motor vehicle. Article VII, Section II, Paragraph II of the Georgia Constitution provides that no property shall be exempted from ad valorem taxation unless such exemption is approved in a referendum. Since the enactment of House Bill 419 is not dependent upon any such referendum, the bill may be constitutionally flawed. In addition, the Attorney General's office currently is defending the state in a lawsuit which challenges another ad valorem tax exemption which was not approved by the voters. Until that lawsuit is resolved, it would be inappropriate to create another questionable ad valorem tax exemption which could subject the state to another round of litigation. Based upon these factors, I hereby veto House Bill 419. VETO NUMBER 15 House Bill 838 provides a homestead exemption for residents 70 years of age or older from certain ad valorem taxes levied on behalf of the Chattooga County School District. After passage, a defect in the bill was discovered causing its author to request a veto. This homestead exemption was perfected in House Bill 1009, which I have signed. Therefore, at the request of the author, I hereby veto House Bill 838 on technical grounds. January 9, 1998 The Honorable Pierre Howard President of the Senate 240 State Capitol Atlanta, Georgia 30334 Dear Governor Howard: 22 JOURNAL OF THE SENATE This letter is in response to the recent action of the Senate Ethics Committee and the pre-filing and upcoming introduction of a resolution of censure. I hereby agree to accept the censure as stated in Senate Resolution 459. I expressly waive any notice and hearing with respect to committee and Senate action to adopt the censure as stated in Senate Resolution 459. This waiver is expressly limited to adoption of Senate Resolution 459 in the same form in which it was pre-filed. If you have any questions regarding this issue, please contact me. Sincerely, /s/ Ralph David Abernathy.III January 9, 1998 The Honorable Pierre Howard President of the Senate 240 State Capitol Atlanta, Georgia Dear Governor Howard: This letter is to inform you that I have concluded that because of the work that must be done in the coming days and months in my own district, I cannot, at this time, give the full time and attention required to fulfill the duties and travel responsibilities associated as chairman of the Senate Interstate Cooperation Committee. Therefore, I hereby tender my resignation as Chair of the Senate Interstate Cooperation Committee effective, today, January 9, 1998. If you have any questions regarding this issue, please do not hesitate to contact me. Sincerely, /s/ Ralph David Abernathy, III January 9, 1998 Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Eldridge: Please accept this letter as notification that there is a vacancy in the chair position for the Senate Interstate Cooperation Committee. Pursuant to Senate Rule 186, I hereby appoint Senator Floyd Griffin, Jr. to fill the remaining term as chairman. If you have any questions, do not hesitate to contact me. Sincerely, /s/ Pierre Howard Senator Thomas of the 10th moved that the following bill be withdrawn from the Insurance and Labor Committee and committed to the Health and Human Services Committee: SB 55. By Senators Thomas of the 10th, Griffin of the 25th, Johnson of the 2nd and others: MONDAY, JANUARY 12, 1998 23 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 require individual and group health insurance policies, group health plans or policies, and all other forms of managed or capitated care plans or policies to provide insurance coverage for diabetes outpatient self-management training and diabetes equipment and supplies. On the motion, the yeas were 15, nays 27, and the motion was lost. SENATE CALENDAR Monday, January 12, 1998 FIRST LEGISLATIVE DAY SB 43 Elections - voter identification (SLGO-G-5th) SB 52 Alcoholic Beverage Advertisements - allow prices (Substitute) (C Aff40th) SB 122 Transportation Board - authority to name roads, bridges (Trans-33rd) SB 142 Sheriffs - qualifications, drug tests (Substitute)(Pub Saf-46th) SB 167 Motor Vehicle Insurance - enact Collision Damage Waiver Law (Substitute)(I&L-33rd) SB 185 Depositions - disqualification of court reporters, certain counties (Judy-42nd) SB 201 Open Meetings - Pardons and Paroles Board votes open for inspection (SubstituteXS Judy-37th) SB 207 Health Insurance Legislation - prerequisites, procedures (Substitute)(I&L-29th) SB 222 Child Care Centers - child care in malls, office complexes (Substitute)(H&HS-35th) SB 266 Alcoholic Beverage License - revoke when providing to those underage (SubstituteXS Judy-40th) SB 299 Civil Practice - grounds for continuance (AmendmentXS Judy-51st) SB 308 Nursing Home Resident Evaluations - reimburse clinical social workers (C Aff-47th) SB 311 Fireworks Storage - magazine license for certain applicants (C Aff27th) SB 321 DUI - habitual violator conviction fine amount, serve 50% of sentence (Judy-35th) SB 337 Tree Trimming on Rights of Way - vegetation maintenance program (Substitute)(Trans-33rd) SB 350 Pistol, Revolver License - prohibit if felony drug conviction with no pardon (Pub Saf-llth) 24 JOURNAL OF THE SENATE SB 358 SB 371 SR 4 SR 8 SR 17 SR 21 SR 41 SR 46 SR 49 SR 64 SR 77 SR 86 SR 89 SR 111 SR 161 SR 225 SR 254 SR 255 SR 263 Surplus Line Insurance - inapplicability of certain provisions (I&L29th) Venue for Corporations-amend provisions (SubstituteXAmendments) (Judy-51st) Joint Study Committee on Home Study Programs-create (Amendment) (Rules-52nd) CA: Initiative Petition - power of people to enact laws (SubstituteXS Judy-23rd) Senate Driver's Education Study Committee - create (Amendment) (Rules-mh) Joint Study Committee on School Choice Vouchers - create (Amendment)(Rules-52nd) CA: State Senate - minimum age for members (Amendment) (Ethics35th) Senate Study Commission on Promoting Aerospace Development,Etccreate (Amendment)(Rules-35th) AFDC Recipients-project for self-sufficiency accounts at banks (Substitute)(H&HS-35th) CA: Highway Employee Killed or Disabled After January 1, 1999 - indemnification (S Judy-33rd) Atlanta Braves - urge name baseball field in honor of Henry Aaron (EDT&CA-38th) CA: Environmental Trust Fund - for protection, improvement (Amendment)(Nat R-29th) Senate Study Committee on Link Between Violence Towards Animals and Humans - create (Rules-26th) Welfare Reform - supporting concerns of Georgia Conference of Black Mayors (Amendment)(H&HS-35th) CA: Senate - provide four-year terms (Ethics-35th) Joint Coastal Ground-Water Resources Study Committee - create (Substitute)(Rules-20th) Senate State Office Campaign Finance Study Committee - create (Amendment)(Rules-3rd) Joint State Office Campaign Finance Study Committee - create (AmendmentXRules-3rd) Senate Study Committee on Adapted Sports Program - commend (Rules-55th) MONDAY, JANUARY 12, 1998 25 SR 301 Joint Study Committee on Consumer Privacy in Marketplace - create (Rules-55th) SR 331 CA: Municipal Jail Construction - additional fees in court cases to fund (Corr-37th) SR 351 Unemployment Insurance System - pilot projects on feasibility of state control (I&L-29th) SR 353 West Point Lake - urge Congressman Barr examine problems on competing uses (Amendment)(Nat R-29th) SR 371 Senate Study Committee on Appropriate Medicaid Reform - create (Rules-56th) HB 95 Public Service Commission; election; amend provisions (F&PU-14th) Coleman-142nd HB 96 Professional counselors; master's level psychologists; licensing (H&HS47th) Williams-114th HB 248 Litter; definition; include cigarette butts (Nat R-37th) Burkhalter-41st HB 249 Marriage ceremonies; authorize federal judges to perform (S Judy-40th) Campbell-42nd HB 290 Firearms; state compliance with Brady Law (Pub Saf-19th) Twiggs-8th HB 387 Motor vehicles; joint interest; certificate of title (Trans-32nd) Porter143rd HB 543 Elections; redefine absentee elector (SLGO-G-lOth) Holmes-53rd HB 706 Hotel-motel tax; international and maritime trade center authorities; amend provisions (Substitute)(F&PU-lst)Mueller-152nd HB 791 Peace Officer Standards and Training Act; change certain definitions (Pub Saf-26th) Randall-127th HR 215 ~ "George W. Ross Highway"; designate (Trans-54th) Poag-6th Senator Walker of the 22nd moved that all the bills and resolutions of the Senate and House listed on the Senate Calendar for today be read the third time and committed to the Senate Committees from which they were last reported. On the motion, the yeas were 52, nays 0; the motion prevailed, and the bills and resolutions of the Senate and House listed on the Senate Calendar for today were read the third time and committed to the following Senate Committees: SB 43. By Senators Burton of the 5th, Blitch of the 7th, Hill of the 4th 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. 26 JOURNAL OF THE SENATE Committed to Committee on State and Local Governmental Operations (General). SB 52. By Senator Egan of the 40th: A bill to amend Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to the display of advertisement or information regarding prices of distilled spirits in visible places and the prohibition of sales below cost, so as to delete provisions prohibiting the advertising of prices. Committed to Committee on Consumer Affairs. SB 122. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Title 32 of the Official Code of Georgia Annotated, known as the "Georgia Code of Public Transportation," so as to grant to the State Transportation Board the authority to name or designate roads, road segments, and bridges on the state highway system; to provide for procedures for the naming or designation of such roads, road segments, and bridges. Committed to Committee on Transportation. SB 142. By Senators Broun of the 46th and Bowen of the 13th: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications of sheriffs; to require candidates for the office of sheriff to submit to drug tests; to repeal certain provisions relating to training requirements; to provide certain exemptions; to change provisions relating to how vacancies in the office of sheriff are filled. Committed to Committee on Public Safety. SB 167. By Senators Thompson of the 33rd, Henson of the 55th and Clay of the 37th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Georgia Collision Damage Waiver Law"; to provide for regulation by the Commissioner of Insurance of the issuance of collision damage waivers on rental motor vehicles; to define terms; to require filing of collision damage waivers with the Commissioner and provide for disapproval of the same by the Commissioner. Committed to Committee on Insurance and Labor. SB 185. By Senators Oliver of the 42nd and Hill of the 4th: A bill to amend Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, so as to provide for a waiver of the disqualification of court reporters for family relationship, employment, or financial interest in counties of less than 100,000; to provide for disclosure on the record of such relationship. Committed to Committee on Judiciary. SB 201. By Senators Clay of the 37th and Lamutt of the 21st: A bill to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings of state agencies excluded from the requirements of law relating to open and public meetings, so as to provide that all information on the votes taken by the State Board of Pardons and Paroles shall be released for inspection after such voting. MONDAY, JANUARY 12, 1998 27 Committed to Committee on Judiciary. SB 207. By Senator Langford of the 29th: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide procedures for the enactment of legislation mandating certain coverage in accident and sickness insurance policies; to define certain terms; to provide that such legislation bear a certain designation; to provide prerequisites for the introduction of health insurance legislation. Committed to Committee on Insurance and Labor. SB 222. By Senator James of the 35th: A bill to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, so as to redefine the term "child welfare agency" to include certain child care facilities located in shopping centers, malls, and office complexes. Committed to Committee on Health and Human Services. SB 266. By Senator Egan of the 40th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for unlawful actions involving alcoholic beverages and underage persons, so as to provide for the suspension or revocation of the state and local alcoholic beverage licenses of any licensee who provides alcoholic beverages to an underage person. Committed to Committee on Special Judiciary. SB 299. By Senators Ralston of the 51st and Land of the 16th: A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for grounds for continuance for the presiding of a party or attorney as a judge in a court of record. Committed to Committee on Special Judiciary. SB 308. By Senators Madden of the 47th, Thomas of the 10th, Dean of the 31st and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for the enrollment and reimbursement of licensed clinical social workers for certain mental health evaluations and treatment of behavioral disorders of nursing home residents under certain conditions. Committed to Committee on Consumer Affairs. SB 311. By Senator Gochenour of the 27th: A bill to amend Code Section 25-10-3.1 of the Official Code of Georgia Annotated, relating to storage of fireworks by licensed nonmanufacturers, so as to authorize the issuance of a magazine license for storage of fireworks in this state by applicants for such license who plan to conduct a fireworks exhibition or display in another state under certain conditions. 28 JOURNAL OF THE SENATE Committed to Committee on Consumer Affairs. SB 321. By Senators James of the 35th and Brown of the 26th: A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide that a habitual violator who is thereafter convicted of violating Code Section 40-6-391 shall be punished by a fine of not less than $1,000.00 or by imprisonment for not less than one year nor more than ten years, or both; to provide that such person shall serve at least 50 percent of any sentence imposed before being eligible for parole. Committed to Committee on Judiciary. SB 337. By Senators Thompson of the 33rd, Streat of the 19th, Langford of the 29th and Brush of the 24th: A bill to amend Code Section 32-6-75.2 of the Official Code of Georgia Annotated, relating to the authority of the commissioner of transportation to issue permits for the trimming of trees and vegetation on state rights of way, so as to provide for the establishment of an effective vegetation maintenance program for the promotion of tourism. Committed to Committee on Transportation. SB 350. By Senator Ragan of the llth: A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver, so as to change the provisions relating to the prohibition against persons who have been convicted of certain drug offenses from being granted a license to carry a pistol or revolver. Committed to Committee on Public Safety. SB 358. By Senator Langford of the 29th: A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, so as to provide for the inapplicability of certain provisions of law. Committed to Committee on Insurance and Labor. SB 371. By Senators Ralston of the 51st and Boshears of the 6th: A bill to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to amend provisions relating to venue for corporations. Committed to Committee on Judiciary. SR 4. By Senators Marable of the 52nd, Dean of the 31st, Henson of the 55th and others: A resolutionn creating the Joint Study Committee on Home Study Programs. Committed to Committee on Rules. SR 8. By Senators Cheeks of the 23rd and Kemp of the 3rd: A resolution proposing an amendment to the Constitution so as to reserve to the people of the state the power to propose laws and amendments to the Constitution and to enact or reject the same; to provide procedures and restric- MONDAY, JANUARY 12, 1998 29 tions connected therewith; to provide for the submission of this amendment for ratification or rejection. Committed to Committee on Special Judiciary. SR 17. By Senators Crotts of the 17th, Hill of the 4th, Bowen of the 13th and others: A resolution creating the Senate Driver's Education Study Committee. Committed to Committee on Rules. SR 21. By Senators Marable of the 52nd, Dean of the 31st and Madden of the 47th: A resolution creating the Joint Study Committee on School Choice Vouchers. Committed to Committee on Rules. SR 41. By Senator James of the 35th: A resolution proposing an amendment to the Constitution so as to change the minimum age for members of the Georgia Senate; to provide for the submission of this amendment for ratification or rejection. Committed to Committee on Ethics. SR 46. By Senators James of the 35th, Griffin of the 25th, Kemp of the 3rd and others: A resolution creating the Senate Study Commission on Promoting Aerospace development, Commercial Space Activities, and Telecommunications Technology to improve Georgia's economic base. Committed to Committee on Rules. SR 49. By Senator James of the 35th: A resolution urging the Department of Human Resources to conduct a twoyear demonstration project to allow recipients of AFDC who are 18 years of age or older to establish and maintain self-sufficiency and development accounts at banks, savings and loan associations, and other financial institutions authorized to operate in this state. Committed to Committee on Health and Human Services. SR 64. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to state highway employees who are or have been killed or permanently disabled in the line of duty on or after January 1, 1999; to provide for the submission of this amendment for ratification or rejection. Committed to Committee on Special Judiciary. SR 77. By Senators Abernathy of the 38th, Thomas of the 10th, Walker of the 22nd and others: A resolution urging that the Atlanta Braves baseball field within the Ted Turner Stadium be named in honor of Henry Aaron. Committed to Committee on Economic Development, Tourism and Cultural Affairs. SR 86. By Senators Langford of the 29th, Dean of the 31st and Land of the 16th: 30 JOURNAL OF THE SENATE A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an environmental trust fund to receive, hold, and expend funds to protect and improve the environment; to provide that the General Assembly shall provide that certain fines and penalties shall be paid into such fund; to provide for the submission of this amendment for ratification or rejection. Committed to Committee on Natural Resources. SR 89. By Senators Brown of the 26th, Blitch of the 7th, Middleton of the 50th and others: A resolution creating the Senate Study Committee on the Link Between Violence Towards Animals and Violence Towards Humans. Committed to Committee on Rules. SR 111. By Senator James of the 35th: A resolution supporting the concerns of the Georgia Conference of Black Mayors relating to welfare reform. Committed to Committee on Health and Human Services. SR 161. By Senator James of the 35th: A resolution proposing an amendment to the Constitution so as to provide for four-year terms of office for members of the Georgia Senate; to provide for submission of this amendment for ratification or rejection. Committed to Committee on Ethics. SR 225. By Senators Gillis of the 20th, Hooks of the 14th, Bowen of the 13th and Madden of the 47th: A resolution creating the Joint Coastal Ground-Water Resources Study Committee. Committed to Committee on Rules. SR 254. By Senators Kemp of the 3rd, Turner of the 8th, Dean of the 31st and others: A resolution creating the Senate State Office Campaign Finance Study Committee. Committed to Committee on Rules. SR 255. By Senators Kemp of the 3rd, Turner of the 8th, Dean of the 31st and others: A resolution creating the Joint State Office Campaign Finance Study Committee. Committed to Committee on Rules. SR 263. By Senators Henson of the 55th, Thomas of the 10th and Burton of the 5th: A resolution creating the Senate Study Committee on Adapted Sports Programs. Committed to Committee on Rules. SR 301. By Senators Henson of the 55th, Perdue of the 18th, Walker of the 22nd and Clay of the 37th: MONDAY, JANUARY 12, 1998 31 A resolution creating the Joint Study Committee on Consumer Privacy in the Marketplace. Committed to Committee on Rules. SR 331. By Senator Clay of the 37th: A resolution proposing an amendment to the Constitution of Georgia so as to provide that the General Assembly may provide for additional penalties or fees and allocate their use to the construction, operation, and staffing of municipal jails; to provide for the submission of this amendment for ratification or rejection. Committed to Committee on Corrections, Correctional Institutions & Property. SR 351. By Senator Langford of the 29th: A resolution requesting the United States Congress to authorize through legislation one or more state pilot projects to ascertain the feasibility of devolving the unemployment insurance system back to state control. Committed to Committee on Insurance and Labor. SR 353. By Senator Langford of the 29th: A resolution urging U. S. Congressman Bob Barr to examine the problems relating to the competing uses of West Point Lake and to initiate federal action to help resolve such problems. Committed to Committee on Natural Resources. 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. Committed to Committee on Rules. 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 Commission, 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. Committed to Committee on Finance and Public Utilities. HB 96. By Representatives Williams of the 114th and Harbin of the 113th: A bill to amend Chapter IDA of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for the licensing of master's level psychologists. Committed to Committee on Health and Human Services. HB 248. By Representative Burkhalter of the 41st: 32 JOURNAL OF THE SENATE A bill to amend Code Section 16-7-42 of the Official Code of Georgia Annotated, relating to definitions regarding littering, so as to include cigarette butts as litter. Committed to Committee on Natural Resources. HB 249. By Representative Campbell of the 42nd: A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to the issuance, return, and recording of marriage licenses, so as to authorize federal judges to perform marriage ceremonies. Committed to Committee on Special Judiciary. HB 290. By Representative Twiggs of the 8th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that the Brady Law regulations shall apply to firearms; to delete a certain definition; to define the term "firearm"; to change the maximum fee that may be charged for a criminal history and involuntary hospitalization records check. Committed to Committee on Public Safety. HB 387. By Representatives Porter of the 143rd, Parham of the 122nd and Martin of the 47th: A bill to amend Code Section 40-3-34 of the Official Code of Georgia Annotated, relating to transfer of vehicle by operation of law, so as to provide for joint interest in a vehicle with survivorship in two or more persons. Committed to Committee on Transportation. HB 543. By Representatives Holmes of the 53rd, Lee of the 94th, Byrd of the 170th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to redefine the term absentee elector; to provide that an elector may choose to vote by absentee ballot without giving a reason for such choice. Committed to Committee on State and Local Governmental Operations (General). HB 706. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Day of the 153rd and others: A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions. Committed to Committee on Finance and Public Utilities. HB 791. By Representative Randall of the 127th: A bill to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of certain terms; to include certain employees of municipal correctional institutions who MONDAY, JANUARY 12, 1998 33 are authorized to exercise the power of arrest within the definition of the term "peace officer". Committed to Committee on Public Safety. HR 215. By Representative Poag of the 6th: A resolution recognizing and commending George W. Ross and designating the "George W. Ross Highway". Committed to Committee on Transportation. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 12:00 P.M., the President announced the Senate adjourned. 34 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 13, 1998 Second Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of 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 adopted by the requisite constitutional majority the following resolution of the House: HR 751. By Representatives Crawford of the 129th, Reaves of the 178th, McBee of the 88th and others: A resolution commending Mrs. Jane Ashley. The following bills were introduced, read the first time and referred to committees: SB 408. By Senators Ragan of the llth, Hooks of the 14th, Harbison of the 15th and others: A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions relating to definitions and the practice of optometry; to provide for an effective date. Referred to Committee on Health and Human Services. SB 409. By Senators Walker of the 22nd, Dean of the 31st, Scott of the 36th and others: A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to compensation of crime victims, and Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the statewide probation system, so as to require a portion of probation supervision fees to be forwarded to the Georgia Crime Victims Emergency Fund; to provide an effective date. Referred to Committee on Corrections, Correctional Institutions & Property. SB 410. By Senators Walker of the 22nd, Middleton of the 50th, Thomas of the 10th and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the "Children's Health Insurance Act"; to provide for the establishment of a children's health insurance program; to provide for administration; to provide for duties of the State Personnel Board and the State Merit System of Personnel Administration; to authorize the adoption of rules and regulations. Referred to Committee on Health and Human Services. TUESDAY, JANUARY 13, 1998 35 SB 411. By Senators Burton of the 5th, Tysinger of the 41st, Ray of the 48th and others: A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide for hearing of applications for arrest by electronic or telephonic means in certain circumstances; to provide for related matters; to provide an effective date. Referred to Committee on Special Judiciary. SB 412. By Senators Boshears of the 6th, Ralston of the 51st and Balfour of the 9th: A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that no state agency shall require greater qualifications of persons who have completed a course of home study than it does for public or private school graduates. Referred to Committee on Education. SB 413. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to amend Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to insanity and mental incompetency, so as to provide that authorization under certain laws for the conditional or unconditional release of a defendant who was charged with a sexually violent offense and who was committed to the Department of Human Resources shall be subject to the provisions of certain laws relative to sexually violent predators. Referred to Committee on Judiciary. SB 414. By Senators Boshears of the 6th and Kemp of the 3rd: 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 and related matters, so as to provide for a public interest test in considering applications for permits to withdraw ground water. Referred to Committee on Natural Resources. SB 415. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to amend Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to permits for the withdrawal, diversion, or impoundment of surface water, so as to provide that the procedure for issuing permits for the withdrawal, diversion, or impoundment of water from certain rivers shall include consideration of the recommendation of the Coastal Resources Division of the Department of Natural Resources; to provide for applicability. Referred to Committee on Natural Resources. SB 416. By Senators Johnson of the 1st, Hill of the 4th, Balfour of the 9th and others: A bill to be known as the "Regulatory Reform Act of 1998"; to provide for a short title, findings, and a statement of purpose; to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide that the state and each county, municipality, consolidated government, school district, or political subdivision thereof shall be bound by each statute enacted by the General Assembly and by any rule or regulation. Referred to Committee on Judiciary. 36 JOURNAL OF THE SENATE SB 417. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to provide for the nonpartisan nomination and election of the clerk of the State Court of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date. Referred to Committee on State and Local Governmental Operations. SB 418. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to provide for the nonpartisan nomination and election of the solicitorgeneral of the State Court of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date. Referred to Committee on State and Local Governmental Operations. SB 419. By Senators Griffin of the 25th, Ragan of the llth, Bowen of the 13th and others: A bill to amend Code Section 48-5-51 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption from ad valorem taxation for dairy cattle; to provide for definitions, conditions, and limitations; to provide for applicability; to provide for effective dates; to provide for a referendum. Referred to Committee on Finance and Public Utilities. SB 420. By Senators Griffin of the 25th, Ragan of the llth, Bowen of the 13th and others: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact into law the Southern Dairy Compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining in the compact; to provide for the appointment, terms, duties, powers, per diem, expenses, and vacancies of members of the state's delegation to the Southern Dairy Compact Commission. Referred to Committee on Agriculture. The following committee report was read by the Secretary: Mr. President: The Committee on Ethics has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 459. Do pass as amended. Respectfully submitted, Senator Madden of the 47th District, Chairman Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Abernathy Balfour Blitch Boshears Bowen Broun, 46th Brown, 26th Brush Burton TUESDAY, JANUARY 13, 1998 37 Cagle Hooks Cheeks Huggins Clay James Crotts Johnson,D Dean Johnson,E Egan Kemp Fort Lamutt Gillis Land Glanton Langford Gochenour Madden Griffin Marable Guhl Middleton Harbison Price,R Henson Price,T Hill Ragan Those not answering were: Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas.D Thompson Turner Tysinger Walker Oliver Perdue(PRS) Thomas.N The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Perdue of the 18th introduced the chaplain of the day, Jim Perdue of the University of Georgia Mission Field, who offered scripture reading and prayer. The President assumed the Chair. Pursuant to HR 727 the President announced as a Committee of Escort for the Joint Session the following Senators: Perdue of the 18th, Walker of the 22nd, Starr of the 44th, Hooks of the 14th, Gillis of the 20th, Broun of the 46th, Dean of the 31st, and Clay of the 37th. Senator Tanksley of the 32nd introduced the doctor of the day, Dr. Phil Gingrey, of Marietta, Georgia. The following resolutions were read and adopted: SR 462. By Senator Land of the 16th: A resolution commending Beallwood Area Network Development. SR 465. By Senator Broun of the 46th: A resolution commending Gerald and Joy Miller for being selected Farm Family of the Year by the Barrow County Chamber of Commerce. SR 468. By Senators Tysinger of the 41st, Price of the 56th, Burton of the 5th and others: A resolution recognizing and commending the Norcross High School Concert Band. SR 469. By Senator Griffin of the 25th: A resolution recognizing and commending Dr. James E. Baugh. SR 470. By Senator Streat of the 19th: A resolution declaring Retired Teachers at the Capitol Day. 38 JOURNAL OF THE SENATE Senator Walker of the 22nd moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10 A.M. tomorrow, and the President announced the motion prevailed at 10:40 A.M. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message by His Excellency, Governor Zell Miller, was called to order by the President of the Senate. HR 727, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House. His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and the House of Representatives as follows: STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA, GEORGIA 30334 REMARKS BY GOVERNOR ZELL MILLER FY 99 Budget Address, 1/13/98 I come before you today to present the final budget of my administration. A budget, as I see it, is both a reflection of the state's priorities and a tool for implementing them. And I want to begin by thanking you for the careful consideration you have given to the previous budgets I have laid before you. We have not always agreed on exactly what should be in those budgets. But I have always had a great deal of respect for your positions. And I am always mindful that while governors may advocate, it is legislators who appropriate. It was almost four decades ago that I first sat in this chamber as a legislator, and listened to a Governor explain his budget. He had not be into it three minutes before I was thinking of how I would have done it differently. I know how you think. I have sat where you sit. But today we cannot think of the Georgia of nearly four decades ago. We must think of the Georgia four decades in the future. Together we have set a course for this state that has met the very highest tests of fiscal responsibility. When I took office as governor in 1991, our rainy day reserve fund was bone dry. Today its cup runneth over. And for the first time in many years, it will be full for an incoming Governor. This year, Georgia became one of only a handful of states to have Triple-A bond ratings from all three of the top bond rating services in the nation a "triple triple-A." These outstanding ratings are a reflection not only of our ability to manage debt responsibly, but also of our willingness to establish clear priorities and invest wisely in the critical infrastructure and resources Georgia needs to prosper in the future. But one thing about progress there's always more of it to be made. As you look through this budget report, you will find something new. As we implemented budget redirection to focus our resources on priority programs that work, we have also begun what I call "results based budgeting." For every budgeted program, you will see in writing the results that state agencies are hoping to achieve. I believe that putting our expenditures and our anticipated results hand-in-hand will help us do a better job of meeting the needs of Georgia's citizens. TUESDAY, JANUARY 13, 1998 39 The budget before you for Fiscal Year 1999 totals $12.5 billion. Of that, $11.8 billion is projected to come from taxes and fees, which is a 6.6 percent budget increase; $530 million will come from lottery proceeds; and $149 million will come from the Indigent Care Trust Fund. This budget reflects $334 million in tax cuts: $129 million from removing the final cent of state sales tax from groceries, and $205 million from the income tax cut proposed by the unified Democratic leadership. This tax cut proposal, which would take effect January 1st of this year, would increase the standard exemptions for both individuals and dependents to $2,700. The proposal would also raise the deduction for citizens over age 65 from $700 to $1,300. It will be the second time this administration has provided income tax relief for Georgia's senior citizens. This tax cut will touch every Georgia citizen who is represented on a personal income tax form an estimated 5.2 million people. It will reduce the tax bill for a family of four by $168. This is a 15 percent income tax cut. It will be the second largest tax cut in Georgia history, surpassed only by the removal of the state sales tax from groceries, which, as I said, we are simultaneously completing in this same budget. When you add in the income tax cut of 1994, we will have enacted the three largest tax cuts in Georgia history within a five-year time span. Together they provide nearly $900 million in tax relief for Georgia citizens. In your budget document, there is a bar graph that shows how the money in this budget is distributed. As always, the largest share is devoted to education. And I am proud to say that during this administration we have not only increased the number of dollars the state devotes to education, but also the percentage of the budget. Education accounts for 56.5 percent of this budget. And if you add in capital outlay, it is more than 57 percent. Some of it, of course, is due to the lottery. But exclude the lottery, and we have still increased both the dollars and the percentage of the general fund money that goes to education. Children learn in the classroom. And if we want excellence in the classroom, we must be able to compete for the best teachers. So the largest expenditure in this budget is $275 million to provide the fourth consecutive 6 percent pay raise to teachers in our public schools, technical institutes, colleges and universities. This fulfills the pledge I made four years ago. Our public school teachers' salaries now are the highest in the Southeast, and, according to the Southern Regional Education Board, we are now poised to overtake the national average in the 1999 school year. If all the local systems had done their part, we'd already be there. There is also $3.7 million for our teacher Pay for Performance program, and it has been exciting to see this program grow. Any school that wants to participate, sets its own goals at the beginning of the school year for improving student achievement. If they achieve those goals by the end of the school year, they receive an award equal to $2,000 for each teacher at the school. And they get to decide how to spend that money, no strings attached. This budget also includes a 15 percent salary supplement for all Georgia teachers who become nationally certified. This will be the largest supplement given by any state in the nation. 40 JOURNAL OF THE SENATE For the past several years, we have been concentrating on funding educational technology. And the lottery has provided more than $600 million for satellite dishes, classroom computers, media center CD-ROMs and Internet connections in every school. That was important. It was technology that our schools and libraries had to have. But while we have been spending these hundreds of millions of new lottery funds needed for technology, we have not increased funds for that most fundamental learning tool of all a book. So I am proposing that in this legislative session we buy one million new books for school media centers and public libraries. The supplemental budget has $10 million to purchase 600,000 new books for all our public libraries. This budget includes $5.2 million, which, combined with other existing funds, will buy 400,000 books for our school media centers. One million new books; it's a good investment! This budget also contains close to $20 million to provide grants for reading programs for our children. During the past three years, the Department of Education has piloted "Reading First," a very successful in-school reading program that includes specific training for teachers, high-quality materials and time that students devote exclusively to reading. It has been a high priority of Superintendent Schrenko and the board. This budget builds on that fine program with $9 million for 500 more schools to implement "Reading First" in the early grades. And we want to complement it with an after-school initiative that will start about fourth grade and go through middle school to catch up with those kids we missed. We have already been providing some funds to support after-school programs for middle-schoolers, who otherwise would be latch-key kids who might be tempted to get in trouble if left to their own devices. These after-school programs are usually a combination of academic time for homework and community service. We want to provide grants to after-school program providers, both public and private, to include a reading program. And we hope that the availability of these funds will stimulate additional providers to undertake after-school programs for our children. During this administration, public school enrollments have increased by more than 20 percent. And next year it will take an additional $118 million just to catch our QBE formula up to enrollment growth. We also need classrooms for all of these students. So I am recommending over $114 million for construction in 35 school systems in this budget, which is in addition to $79 million for construction in 45 systems in the supplemental budget. Operating costs continue to rise for our schools, so $9 million is included to provide an increase of $7 per student in the maintenance and operation funds under the QBE formula. Enrollments at our University System institutions also continue to grow, and an additional $10 million is needed to fund the formula for another year. A great University System requires a great faculty. When I took office, Georgia's faculty salaries ranked 5th among the southeastern states. Since then, we have raised faculty salaries well over 33 percent and now stand poised to rank first. These salary increases have helped us retain outstanding faculty like Anne Hudson of Armstrong Atlantic State University, the 1996 National Faculty Member of the Year. TUESDAY, JANUARY 13, 1998 41 It has also allowed us to attract the best and brightest new faculty. The National Science Foundation, for example, ranks Georgia Tech number one in the nation in attracting top new young science faculty. MIT comes in second. And the Georgia Research Alliance has lured 24 eminent scholars to Georgia to help with high tech economic development. These fine faculty members are finding more and more students to teach. When I took office, the University System enrolled 180,000 degree students. Today it enrolls over 205,000. We've added 25,000 students, the equivalent of another Georgia State University. That's like adding the combined populations of those two great Georgia cities of Americus and Eastman! I'm especially proud that we've increased opportunities for African-Americans. In that same time period, their enrollment increased from 28,000 to 45,000 an increase of 56 percent. African-Americans now represent 22 percent of our student enrollment. This encouraging trend promises to help Georgia have a bright economic and social future. And our students have done us proud: Ivy Cadle of East Georgia College was named by USA TODAY as a 1997 first-team All USA Academic Team member - one of only 20 students in the nation. UGA student Rob Sutherland and Georgia Tech student Ayodele Embry were winners in 1996. Amy Lucas of Middle Georgia College won the highest honor awarded to a student athlete by the National Junior College Athletic Association for her combination of a 4.0 grade-point average and championship tennis. Christopher Richardson graduated from Savannah State University with a double major in math and chemistry, and received $330,000 in scholarships to finance his graduate studies toward a doctorate. And the University of Georgia boasts two recent Rhodes Scholars Scott Herschovitz in 1998 and Rob Sutherland in 1996. Only 32 Rhodes Scholars are selected nationwide each year. These students have studied in new and newly renovated buildings. When I became Governor, the University System was receiving $12.9 million a year for renovations and repairs; today, it receives $41 million. If you approve the capital outlay in this budget, we will pass the $1 billion mark in new construction for the University System during this administration. We've also established distance learning classrooms which have made possible everything from telemedicine to degree courses in remote locations. We now have degrees offered entirely by computer. In every corner of this state you can find an electronic wonder called GALILEO, which has become a national model. It is a working electronic library system that has already recorded over 3 million hits while other states are still wondering what to do. There is $6 million dollars in the budget to upgrade technology infrastructure, including a million dollars to train University System faculty and staff in the use of technology. You are all aware that the University System is raising its admission standards. And this budget includes $2.8 million for "Partners in Success," a program to prepare students, beginning in high school and even in middle school, to be able to meet those higher standards. Seventy percent of the jobs being created do not require college degrees, but do require technical skills. So, early in this administration, we set a goal of a tech school facility 42 JOURNAL OF THE SENATE within 45 minutes driving time of every Georgia citizen. With the opening of the satellite facilities now under construction, we will achieve that goal. Now we must equip and staff these new facilities as they open and begin to serve our citizens. In the future, I'd like for it to be where students don't even have to leave home for technical education. So, there is $500,000 in the budget to begin creation of a virtual technical institute. Web-based instruction will allow students to interact with teachers and classmates from their computers at home or at work. We have also achieved our goal of having at least one full-time adult literacy teacher in every county in Georgia, and we are turning out GED graduates by the thousands. But we still have a long way to go, because we started out with a high proportion of adults who never completed high school. I want to continue to expand our adult literacy programs by hiring 110 part-time instructors to improve the delivery of instructional services in local communities. As I mentioned earlier, we are anticipating $530 million in lottery proceeds for next year, bringing the grand total of education funds from the lottery to more than $3 billion money for programs and improvements we would never have otherwise had. $218 million is for our award-winning pre-kindergarten program. This amount provides for an additional 2,000 slots, and expands the assistance for pre-K families who are at risk. The HOPE Scholarship Program is allocated $213 million. And beginning this school year, home schoolers who finish their freshman year of college with at least a B average, will be reimbursed for the cost of tuition, fees and the book allowance at a public college, or the $3,000 HOPE scholarship at a private college. Then, beginning with their sophomore year, home schoolers will be on the same footing as all other HOPE scholars. The final category for lottery funds is educational technology and special capital outlay, which totals $91 million: $28 million will provide our schools with an allocation of $22 per student to be used for equipment or technology-related teacher training. $18 million will provide equipment for those new technical institute satellite facilities I have already mentioned. And $15 million goes into the Equipment, Technology and Construction Trust Fund of the University System. This very successful matching fund enables our colleges and universities to leverage private donations in a dollar-for-dollar match. I also want to continue our efforts to leverage private funds to endow faculty chairs at our colleges and universities. We began doing that for eminent scholars at our research universities. And it has proved a good way to help attract top-flight faculty. I believe our other University System units can do the same thing. So I proposed $2 million in matching funds in the supplemental budget to endow two faculty chairs at Macon College, and one each at Columbus State University and Armstrong Atlantic State University in Savannah. As Governor, I spend most of my time on job creation. Not a day goes by that I am not doing something to try to get more and better-paying jobs in Georgia. And I have constantly wrestled with how to better address the unique characteristics and needs of the various parts of this diverse state of ours. Over and over, in dozens of regional meetings, I have listened to the advice of local public and private leaders. And what I am proposing in this budget is the result of what I have heard. It is the largest single allocation of state resources in Georgia history to assist rural areas with economic development and to provide comprehensive, one-stop economic and community assistance at the regional level. It is a joint effort between the Departments TUESDAY, JANUARY 13, 1998 43 of Community Affairs and Industry, Trade and Tourism, and the funding is divided between these two departments. We are in the process of identifying 11 state economic development regions that will cover all of Georgia outside of metro Atlanta. Each one will have an economic development team whose core will be two employees from the Department of Community Affairs and two employees from the Department of Industry, Trade and Tourism. And one of them will focus on workforce development. Other state agencies like Labor, Technical and Adult Education, the University System, Defense and Human Resources will all cooperate and coordinate their economic development efforts in the region through the regional team. So that communities and businesses will no longer have to work independently with five or six different state agencies, but can go to one place in the region for the state economic development resources they need. Georgia is one of the top two states in the nation in the state funds we invest in research and development. And, largely because of that, we led the nation last year in the creation of new high-tech jobs. I proposed $42 million in the supplemental budget for the Georgia Research Alliance to expand and strengthen our ability to commercialize the discoveries that come from those research labs. Today, our focus shifts to the companion program of the Research Alliance -- the Traditional Industries Research Program. First, you should know that there is no other program like this one anywhere in the United States. Many states are investing in hightech research, but no other state has the kind of broad-based, ongoing research program serving their traditional manufacturing base that Georgia has. Historically, three manufacturing industries have formed the bedrock of Georgia's economy: pulp and paper, food processing, and textiles and carpet. Combined, they employ a quarter of a million Georgians nearly half of our manufacturing workforce. The Traditional Industries program is a public-private partnership in which each industry identifies problems that are critical to their competitiveness, and then works closely with faculty at Georgia colleges and universities to solve those problems. Let me briefly give you three practical examples. Currently, Georgia manufacturers use warehouse pallets made of wood that weigh about 67 pounds. But now, new federal safety regulations mandate that no pallet can weigh more than 57 pounds. So Traditional Industries researchers developed a new composite material from plastic and carpet and textile waste scraps that is as durable as wood, but much lighter in weight. Another: Wastewater is an important problem for all of these industries. So, our researchers designed and helped install a closed-loop wastewater treatment system at a textile mill near Griffin. It is the first of its kind, and has helped cut the mill's wastewater discharge in half. You may also remember the recent alarm over beef that was infected with E-coli bacteria. Here in Georgia, researchers have developed a new cattle vaccine against E-coli. And they are working with the FDA right now to get it on the market. These are just three examples of the practical ways in which the Traditional Industries Research Program is serving the pulp and paper, textile and food processing industries of Georgia. So, you will find more than $7 million in this budget to expand the activities of this important research program, bringing the total state investment to more than 44 JOURNAL OF THE SENATE $34 million. And remember, these funds are matched by private sector investment from the companies who benefit from the research. A fundamental part of the state's role in economic development is maintaining our infrastructure. And we've done a good job. Our highways have been ranked first in the nation, and I have proposed another $135 million to continue expanding our network of four-lane economic development highways. And, once again, to ensure that the large trucks on our highways meet all state and federal safety regulations, I recommend ten new enforcement officers who will be assigned to monitor trucks in high traffic areas, something that is greatly needed. The federal government will pay 80 percent of the cost, so we need only $157,000 in state funds. You will also find over $17 million for our ports for navigation improvements at Savannah, and for the preliminary study and design work on channel deepening projects at both Savannah and Brunswick. Brunswick's channel is only 30 feet deep, far less that most ports on the South Atlantic. Savannah's channel is now at 42 feet, but our toughest competitor, Charleston, has begun preparations to deepen its channel to 45 feet, and we can't let them get ahead of us. I am again recommending $10.5 million to plan and design phase four of the World Congress Center. Right now, this facility is one of the top five convention centers in the United States, and it generates a lot of money for the City of Atlanta and the State of Georgia. But the demand for floorspace from supershows is growing, and if we want to remain one of the nation's leading convention destinations and keep those jobs that go with it, we must build that fourth phase. It is as simple as that. Finally, in infrastructure investment, there is another $20 million in bonds to provide water/sewer loans to local governments throughout the state, increasing our revolving loan fund by $180 million during this administration. In the area of human resources, the most important program in this budget proposal is the new Children's Health Insurance Program CHIP for short. It will leverage federal matching funds, and could provide health coverage for as many as 228,000 Georgia children. Here's how it would work: CHIP will expand Medicaid coverage for pregnant women and children from birth to age five, up to 200 percent of the federal poverty level, which is $32,100 a year for a family of four. This expansion will cover 24,000 more of our youngest children plus 1,700 pregnant women. Children ages six to eighteen will continue to be covered under Medicaid, as they are now, up to 100 percent of the federal poverty level, or $16,500 for a family of four. Then, school children with family income between $16,500 and $32,100 for a family of four, will be covered under private health insurance plans administered by the Merit System. The premiums will run about $7.50 a month or 25 cents a day. This could cover 88,000 children who are presently uninsured. Finally, parents of all other uninsured Georgia children whose income is above $32,100 for a family of four, will be able to buy into the private health insurance plan at cost. Some people have asked, "Why don't we just do a Medicaid expansion?" Let me try to answer that. By using both Medicaid and private insurance, we can get the best of both worlds. I believe that for three reasons: First, according to teachers, dental and vision problems are among the health problems that interfere most with learning. Designing our own insurance plan allows us to incorporate dental and vision care and other preventive services school-age children need for TUESDAY, JANUARY 13, 1998 45 learning. At the same time, Medicaid will give our youngest citizens the type of services they need in their first five years of life. Second, we can offer a private insurance package to those 116,000 Georgia children who are above 200 percent of the poverty level, but nevertheless lack health insurance. This option would not be available with a Medicaid expansion, and the health of these children is important, too. Third, federal funds for this program are expected to decrease four years from now. This plan anticipates future changes and has long-term durability and adaptability. Its implementation will require the Department of Medical Assistance to expand its existing program for pregnant women and pre-school children to include families up to 200 percent of the poverty level. And I wanted the Merit System to be involved with the insurance program, because they have a track record of providing health insurance for 500,000 state employees, public school teachers and their dependents. It has not been easy, but the thrust of this administration has been to contain Medicaid costs, which during the years before I became Governor had been rising at the astronomical rate of 10 to 15 percent a year. I also wanted to curb Medicaid fraud, which had become a disgrace. We have reduced Medicaid cost increases to about 2 percent a year, which is in line with inflation. And we have recovered over $6 million in fraudulent claims from 61 fraud convictions since 1994. For every one dollar we have spent on fraud investigation, we have returned eight dollars to the state treasury, and in the process we have discouraged a lot of contemplated fraud. There are hundreds of millions, perhaps billions of dollars being lost on fraud on the national level, and it's outrageous that more is not being done about it. To continue Georgia's momentum on dealing with fraud and abuse, I am including $3.5 million in this budget to create a 50-person fraud and abuse unit, which will have as one of its chief responsibilities detecting the fraud before the claims are even paid. As a result of these cost-saving measures, we have been able to expand Medicaid coverage for children three times during this administration, including this latest expansion for our tiniest citizens. And while I'm on children, I want to tell you about another initiative I'm proposing and am very excited about. We know that a baby's brain continues to form after birth, not just growing bigger as toes and fingers do, but developing microscopic connections responsible for learning and remembering. At birth, a baby has 100 billion or more neurons forming more than 50 trillion connections, or synapses as they are called, which sounds like a lot. But during the first months of life, the number of synapses increases 20 times to more than 1,000 trillion. This amazing growth allows a baby to do all kinds of miraculous things, from focusing its eyes on an object to shaping the word "Da-da." The new research on brain development in babies is unbelievable. Time devoted a special issue to it, and I recommend its reading. I have a lot of research I'd be glad to share with you. Enrichment clearly makes a difference in brain development. In October we had an early childhood development seminar for teachers, medical professionals, staff of our state agencies that work with children, and businesses with products and services for tiny customers. It was fascinating. Why am I telling you all this in a speech that is already far too long? Because I want to propose something extraordinary that I don't think any other state does. And it is this. Research shows that reading to an infant, talking with an infant and especially having 46 JOURNAL OF THE SENATE that infant listen to soothing music helps those trillions of brain connections to develop, especially the ones related to math. There is research that links the study of music to better school performance and higher scores on college entrance exams. There's even a study called the "Mozart effect" that showed after college students listened to a Mozart piano sonata for 10 minutes, their IQ scores increased by nine points. Some argue that it didn't last, but no one doubts that listening to music, especially at a very early age, affects the spatial-temporal reasoning that underlies math, engineering and chess. So I propose that the parents of every baby born in Georgia over a 100,000 a year -be given a cassette or CD of music to be played often in the baby's presence. It's not a big-ticket item in the budget only $105,000 - but I believe it can help Georgia children to excel. I have asked Yoel Levi, the world-famous conductor of the Atlanta Symphony, to help me with the musical selections for the tape, although I already have some ideas. For instance, here's one that a Georgia baby might hear. That, of course, is Beethoven's "Ode to Joy." Now don't you feel smarter already? Smart enough to vote for this budget item, I hope. As I reported last week, we have been very successful in helping Georgians move off the welfare rolls and into the job market a decrease of 57,000 households since we began welfare reform, and a 25 percent decline in just the past year. However, the ones who remain on the rolls are those with the fewest skills and the least work experience. So we want to use $30 million of the savings to expand the Welfare-to-work program for hardto-place recipients, and provide child care for an additional 12,625 children. This budget also includes more than 16 million new dollars the most ever - to improve foster care and expand adoption, which have been two major efforts of this administration. Last fiscal year we placed a record high 744 children for adoption, and our new State Office of Adoptions has doubled the number of private adoption agencies it has under contract to place children. It has created one of only seven Websites in the nation to showcase Georgia's waiting children to a wider audience of prospective parents. A major part of our program is to place 550 special needs children. We also continue to improve and expand our community-based services for the mentally ill and mentally retarded. Nearly $15 million is redirected from state hospitals into community services, in accordance with the hospital reallocation formula to provide services for the mentally ill and for substance abusers. When I became Governor, community-based services for severely emotionally disturbed children, or SEDs, were available in only two counties. But with this budget, service for severely emotionally disturbed children will be available in every county of the state. When I became Governor, less than half of the state had any community-based services for chronically mentally ill adults or CMI. With this budget, CMI services will, for the first time, also be available statewide. As a result of these expanding community-based services, admission to our 10 state mental hospitals has declined by 28 percent. This is why we will be able to close the Georgia Mental Health Institute, freeing up $22 million. $12 million will be used to complete statewide CMI funding, and $10 million will go for needed services at the remaining state hospitals. TUESDAY, JANUARY 13, 1998 47 During this administration, we have also increased the number of community placements for mentally retarded citizens. Slots under Medicaid waivers have risen from 119 to over 2,500. As promised, the money from closing Brook Run was first used to fund community placements for residents, or other institutional care for those too fragile to go into the community. And then, after providing for all 326 Brook Run residents, we were able to offer community-based care to 206 additional persons with mental retardation who, before, were not even being served. In addition I am proposing that we continue our community-based services for the elderly. $5.5 million in this budget will provide services for an additional 2,000-plus individuals under Medicaid and over 900 elderly clients who are not Medicaid eligible. During my administration funding for services for the elderly has increased over 80 percent. Early in this administration we started The Family Connection, which provides a structure for local communities to coordinate their resources to meet the needs of at-risk families. Each local community tailors its efforts to meet its own particular needs. It has worked well, so we have been gradually expanding The Family Connection until, with this budget, it will be active in every county of the state, making a difference in the quality of life for families and children who are at risk. This is another $3 million well spent. As violent crime by juveniles increases, we are struggling to find places to put all of the juveniles committed to our care. My supplemental budget contains 550 new juvenile beds. And in this big budget I am recommending nearly $23 million to annualize those beds and open more a total of almost 1,200 new beds at six facilities. I am also recommending planning funds for a new RYDC in Albany. These new and expanded facilities will bring the number of YDC beds to over 3,300 and the number of RYDC beds to nearly 1,500 by FY 2001. But we must do more than just lock up juveniles. So I propose over $2 million to expand education programs, giving all children in the RYDC system five and a-half hours of education every school day. This budget contains the $600,000 needed to match $1.6 million in federal funds for the Department of Defense's Youth Challenge Program. The 9th class of 186 students graduated last Saturday. These funds will serve another 350 students next year. Once again, the Corrections Department budget opens more new beds. Ten million dollars will annualize the operating cost for 1,344 new beds opening at five new prisons Wilcox, Washington, Smith in Tattnall County, Macon and Coastal. Another 1,500 new beds will come on line as three new private facilities open in Coffee, Charlton and Wheeler Counties. And another $2.4 million will annualize the operating cost of 768 new beds for Pulaski State Prison and Augusta State Medical Prison. The opening of all these beds brings the total number of new prison beds we have made available during this administration to 20,717. That is a Georgia record. And, make no mistake about it, were it not for this dramatic increase, it would be pointless for anyone to even talk about abolishing parole. I want to further expand inmate access to educational instruction. So there is a million dollars for 17 existing prison-based distance learning sites and seven new sites. Remember all those editorials and dire comments about how it wouldn't work when we moved education programs to the evening after the prison workday was over, and added distance learning? 48 JOURNAL OF THE SENATE Today I am pleased to report that in the first six months, inmates utilized virtually all of the distance learning hours we made available to them. And they did it mostly in the evening, after the prison work day was over. There has been a 75 percent increase in the number of those participating in classes, and a 58 percent increase in the number of inmates taking the GED exam. Next year, with the addition of these seven new sites, we expect GED exams to double compared to a year ago. There is also $2 million to hire another 80 probation officers to allow the department to place more emphasis on supervision of the highest risk probationers. As violent crime increases, so does our need for improved facilities at our crime labs. In the supplemental budget, I recommended funds to double the number of counties with terminals for our AFIS computer system. These terminals allow law enforcement officers to do automated fingerprint checks and to tap into the state's database of criminal fingerprints. In this budget, there is $1.2 million for a morgue building adjacent to the State Crime Lab. It is greatly needed to relieve overcrowding at the lab and allow medical examiner services to be expanded. Two years ago, I announced the successful completion of Preservation 2000, which has preserved over 100,000 acres of wildlife habitat, beautiful natural features and green space for the enjoyment of our citizens. And then, we immediately began RiverCare 2000, to protect more of Georgia's river corridors. In this budget is $20 million in bonds for RiverCare, bringing the total state funding for this program to $43.4 million. Much of this money will purchase tracts of land along the Chattachoochee River between White County, where it is a clear, rushing mountain stream, and Muscogee County, where it forms the boundary between Georgia and Alabama. I don't have to tell any of you that the Chattachoochee is one of the most abused rivers in the nation. This initiative will help promote water quality, protect wildlife habitat, limit development in flood-prone areas, and provide public access for boating, fishing and other recreational uses. It could also, and this is very important, leverage significant amounts of private, local and federal money for protecting this important river corridor. And the state will work closely with local governments, the federal government and national organizations like The Conservation Fund, The Nature Conservancy and the Trust for Public Land, in this major effort to preserve the mighty Chattahoochee. Along with this funding, you will find bonds in the budget for the construction of the West Georgia reservoir, because the water supply needs of the western part of the state are growing increasingly critical. We are all aware that this project presents some environmental considerations, so there is specific language dictating that all state and federal regulations, including the water compact recently approved by Congress, must be met before the bonds are sold. And speaking of Georgia's waterways, as more Georgians take to the water, we have been experiencing an increase in boating accidents. DNR will ask you to strengthen the law on reckless boating and boating under the influence of alcohol or drugs. But we also need to be able to enforce the law. So you will find funding in the Department of Natural Resources for 20 more law enforcement officers to patrol our waterways. I also want to strengthen the Environmental Protection Division with 26 new positions to improve the management of our water resources and implement our water compacts with Alabama and Florida. TUESDAY, JANUARY 13, 1998 49 Last, but certainly not least, this budget also includes funds for the second year of Georgia Gain, a pay for performance system for state employees. This system allows us to base salary increases on merit and performance. The days of automatic, across-the-board increases in Georgia are gone. We now have a process which allows us to reward and retain high performers. This has been an extremely long speech, even by Miller standards, and I can tell that I am about to be drowned out by the music of growling stomachs, which, unlike Mozart, is not likely to make us any smarter. So I close with one of my favorite quotes from Abraham Lincoln, speaking to his legislature, "The dogmas of the quiet past are inadequate to the stormy present... As our case is new, so must we think anew and act anew." On the cusp of another General Assembly, on the cusp of another century, on the cusp of a new millennium, we in Georgia are called to think and act not from the dogmas of the past, but to continue our vision of the future. That, my friends, is what this budget does. The President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 A.M. tomorrow. 50 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 14, 1998 Third Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President Pro Tempore, Senator Perdue of the 18th. 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: HB 1148. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A bill to amend an Act providing for the Board of Education of Clarke County, so as to change the provisions relating to elections of members of said board. HB 1168. By Representatives Murphy of the 18th, Stallings of the 100th and West of the 101st: A bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County. The following bills were introduced, read the first time and referred to committees: SB 421. By Senators Perdue of the 18th, Marable of the 52nd, Madden of the 47th and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to define a term; to limit access to juvenile fingerprint records to the administration of criminal justice; to require that all children charged with acts which would be a felony if committed by an adult be fingerprinted and photographed; to authorize fingerprinting a juvenile if latent fingerprints are found at a crime scene under certain circumstances. Referred to Committee on Corrections, Correctional Institutions & Property. SB 422. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Gillis of the 20th: A bill to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide for honorary fishing licenses for certain peace officers and provide for terms and conditions relating thereto; to provide for unlawful acts. Referred to Committee on Natural Resources. WEDNESDAY, JANUARY 14, 1998 51 SB 423. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Gillis of the 20th: A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state department or agency affected. Referred to Committee on State and Local Governmental Operations (General). SB 424. By Senators Ragan of the llth, Griffin of the 25th, Streat of the 19th and others: A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding emergency medical services, so as to change the provisions relating to applicability of the chapter. Referred to Committee on Health and Human Services. SB 425. By Senators Dean of the 31st, Oliver of the 42nd and Marable of the 52nd: A bill to amend Part 4A of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to enhanced criminal penalties for any person who wears or has in his or her possession a bulletproof vest during the commission or the attempted commission of an armed robbery; to make such additional penalties mandatory. Referred to Committee on Judiciary. SB 426. By Senators Harbison of the 15th, Hill of the 4th and Glanton of the 34th: A bill to amend Code Section 50-3-4.1 of the Official Code of Georgia Annotated, relating to displaying copies of national motto and American and Georgia flags in certain places. Referred to Committee on Defense and Veterans Affairs. SB 427. By Senators Starr of the 44th, Bowen of the 13th, Dean of the 31st and others: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for retired members of the Georgia State Patrol and retired agents of the Georgia Bureau of Investigation. Referred to Committee on Public Safety. SB 428. By Senators James of the 35th, Boshears of the 6th, Brown of the 26th and Thomas of the 10th: A bill to amend Code Section 16-11-38 of the Official Code of Georgia Annotated, relating to the wearing of a mask, hood, or other device which conceals the identity of the wearer, so as to provide for certain additional exceptions. Referred to Committee on Judiciary. SB 429. By Senators Langford of the 29th, Madden of the 47th and Kemp of the 3rd: A bill to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessment of the effectiveness of educational programs, so as to require students in the third, fifth, and eighth grades to achieve a satis- 52 JOURNAL OF THE SENATE factory score on reading and mathematics tests before promotion to the next grade level; to authorize the State Board of Education to promulgate certain regulations. Referred to Committee on Education. SB 430. By Senator Langford of the 29th: A bill to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to a uniform reporting system for educational scholarships and other purposes, so as to require graduating seniors to meet attendance and discipline standards in order to qualify for a HOPE or HOPE Plus scholarship for their first year of postsecondary education; to authorize and direct the State Board of Education to establish such standards by rule. Referred to Committee on Education. SB 431. By Senators Marable of the 52nd, Dean of the 31st, Madden of the 47th and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care. Referred to Committee on Health and Human Services. SB 432. By Senators Griffin of the 25th, James of the 35th, Walker of the 22nd and others: A bill to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to the amount of the minimum wage; to provide for incremental adjustments of the minimum wage. Referred to Committee on Insurance and Labor. SR 472. By Senators Johnson of the 1st, Lamutt of the 21st and Clay of the 37th: A resolution proposing an amendment to the Constitution so as to authorize, upon approval in a local referendum, the freezing of existing residential real property values and to provide that residential real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owner's acquisition thereof; to provide for conditions and limitations; to provide for authority of the General Assembly with respect to the foregoing. Referred to Committee on Finance and Public Utilities. SR 474. By Senators Harbison of the 15th, Hill of the 4th and Glanton of the 34th: A resolution to urge the President of the United States and the United States Congress to further recognize the services rendered to this country during the Vietnam War by Hmong and Lao soldiers by granting full and immediate United States citizenship to those who are currently living as legal immigrants in this country. Referred to Committee on Defense and Veterans Affairs. WEDNESDAY, JANUARY 14, 1998 53 SR 477. By Senators Walker of the 22nd, Perdue of the 18th, Stokes of the 43rd and others: A resolution creating the Bipartisan Joint Commission on Parole Abolition and Sentencing Reform. Referred to Committee on Corrections, Correctional Institutions & Property. The following committee report was read by the Secretary: Mr. President: The Committee on Natural Resources 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 86. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Senator Ralston of the 51st moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 49, nays 0; the motion prevailed, and Senator Middleton was excused. The President Pro Tempore called for the morning roll call, and the following Senators answered to their names: Balfour Guhl Blitch Harbison Boshears Henson Bowen Hill Broun, 46th Hooks Brown, 26th Huggins Burton James Cagle Johnson.D Cheeks Johnson.E Clay Kemp Crotts Lamutt Dean Land Egan Langford Fort Madden Gillis Marable Glanton Oliver Gochenour Price.R Griffin Price,T Those not answering were: Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas.D Thomas,N Thompson Turner Tysinger Walker Abernathy Middleton (excused) Brush Perdue(PRS) The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Broun of the 46th introduced the chaplain of the day, Reverend Bill Ricketts, pastor of Prince Avenue Baptist Church, Athens, Georgia, who offered scripture reading and prayer. Senator Fort of the 39th introduced the doctor of the day, Dr. Joy Maxey, of Atlanta, Georgia. 54 JOURNAL OF THE SENATE Senators Johnson of the 1st and Johnson of the 2nd introduced the Mayor of Savannah, who addressed the Senate briefly. The following bills were read the first time and referred to committee: HB 1148. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A bill to amend an Act providing for the Board of Education of Clarke County, so as to change the provisions relating to elections of members of said board. Referred to Committee on State and Local Governmental Operations. HB 1168. By Representatives Murphy of the 18th, Stallings of the 100th and West of the 101st: A bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County. Referred to Committee on State and Local Governmental Operations. The following resolutions were read and adopted: SR 471. By Senator Dean of the 31st: A resolution commending the Paulding County Builders Association. SR 473. By Senators Clay of the 37th, Tanksley of the 32nd, Lamutt of the 21st and Scott of the 36th: A resolution commending the Walker School Wolverines Men's Soccer Team. SR 475. By Senator Thompson of the 33rd: A resolution recognizing and commending Ms. Rosalie Andrews. HR 751. By Representatives Crawford of the 129th, Reaves of the 178th, McBee of the 88th and Ray of the 128th: A resolution commending Mrs. Jane Ashley. The President assumed the Chair. Senator Broun of the 46th introduced the President of the University of Georgia, Michael Adams, commended by SR 464, adopted previously. Dr. Adams addressed the Senate briefly. Senator Tanksley of the 32nd moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Thompson was excused. SENATE CALENDAR Wednesday, January 14, 1998 THIRD LEGISLATIVE DAY SR 459 Senator from 38th District - censuring (Amendment)(Ethics-47th) The following resolution of the Senate was read and put upon its adoption: WEDNESDAY, JANUARY 14, 1998 55 SR 459. By Senators Madden of the 47th, Cheeks of the 23rd, Oliver of the 42nd and Middleton of the 50th: A resolution censuring the Senator from the 38th District for misconduct. A RESOLUTION Censuring the Senator from the 38th District for misconduct; and for other purposes. WHEREAS, Article III, Section IV, Paragraph VII of the Constitution of the State of Georgia confers upon the Senate the power to punish members of the Senate for disorderly behavior or misconduct; and WHEREAS, on Monday, December 1, 1997, the Senator from the 38th District was detained and searched by agents of the United States Customs Service at Hartsfield Atlanta International Airport upon his arrival on a flight from Jamaica; and WHEREAS, upon searching the Senator from the 38th District, a small amount of marijuana was found concealed in his clothing; and WHEREAS, in accordance with policies of the United States government, no criminal charges were brought against the Senator upon his agreement to pay a $500.00 civil penalty; and WHEREAS, in a written statement issued by his office, the Senator from the 38th District acknowledged the seizure and stated that he had made a mistake; and WHEREAS, as trustees of the people, the members of the Senate should rightfully be held to the highest moral, ethical, and legal standards of conduct in their official duties and in their public and private lives; and WHEREAS, the abuse of controlled substances, dangerous drugs, and marijuana has been the subject of numerous bills and resolutions in this body, and the harmful effects on the individual and on society caused by the illegal possession, manufacture, distribution, and use of these substances cannot be denied; and WHEREAS, this body has repeatedly and consistently expressed the public policy of this state that the possession and abuse of these substances will not be tolerated; and WHEREAS, any action by a Senator which violates a state or federal law concerning the illegal possession or use of marijuana brings the integrity and reputation of the Senate and of every member of this body into question and clearly constitutes misconduct; and WHEREAS, the citizens of Georgia have every right to expect the members of the Senate to observe the highest ethical standards and to obey the laws of this state. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the Senator from the 38th District is hereby censured for misconduct. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Senator from the 38th District. The Senate Ethics Committee offered the following amendment: Amend SR 459 by striking the word "small" and inserting in lieu thereof "misdemeanor" on line 13 of page 1. On the adoption of the amendment, the yeas were 50, nays 1, and the amendment was adopted. Senator Clay of the 37th offered the following amendment: 56 JOURNAL OF THE SENATE Amend SR 459 by inserting ", Ralph David Abernathy III," following the word "District" on lines 1, 8, and 20 of page 1 and line 10 of page 2 and by inserting ", Ralph David Abernathy III" following the word "District" on line 12 of page 1 and line 14 of page 1. Senator Balfour of the 9th called for the yeas and nays; the call was sustained and the vote was as follows: Abernathy N Griffin Y Price,R Y Balfour Y Guhl Y Price,T N Blitch N Harbison N Ragan Y Boshears N Henson Y Ralston N Bowen N Hill Y Ray N Broun, 46th N Hooks Y Roberts Brown, 26th N Huggins N Scott Y Brush N James N Starr Y Burton N Johnson,D N Stokes Y Cagle Y Johnson,E N Streat Y Cheeks N Kemp Y Tanksley Y Clay Y Lamutt N Taylor N Crotts N Land Y Thomas,D N Dean Y Langford N Thomas,N Y Egan N Madden N Thompson N Port N Marable N Turner N Gillis EX Middleton Y Tysinger Y Glanton N Oliver N Walker Y Gochenour N Perdue On the adoption of the amendment, the yeas were 22, nays 31, and the Clay amend- ment was lost. Senator Balfour of the 9th offered the following amendment: Amend SR 459 by striking line 15 thru 18 and adding "Whereas, the Senator agreed to pay a $500.00 civil penalty for smuggling illegal drugs into the United States; and" On the adoption of the amendment the President ordered a roll call and the vote was as follows: Abernathy Y Balfour N Blitch Y Boshears N Bowen N Broun, 46th Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts N Dean N Egan N Fort N Gillis Y Glanton N Griffin Y Guhl N Harbison N Henson N Hill N Hooks N Huggins N James N Johnson,D Y Johnson,E N Kemp Y Lamutt N Land N Langford N Madden N Marable EX Middleton N Oliver Y Price,R Y Price,T N Ragan Y Ralston Y Ray Y Roberts N Scott N Starr N Stokes N Streat Y Tanksley N Taylor Y Thomas,D N Thomas,N WEDNESDAY, JANUARY 14, 1998 57 N Thompson Y Tysinger N Turner N Walker On the adoption of the amendment, the yeas were 21, nays 32, and the Balfour amendment was lost. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Abernathy Y Griffin Y Price,R N Balfour Y Guhl Y Price.T Y Blitch Y Harbison Y Ragan Y Boshears Y Henson Y Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Brown, 26th Y Huggins Y Scott Y Brush N James Y Starr Y Burton Y Johnson.D Y Stokes Y Cagle Y Johnson,E Y Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas.D Y Dean Y Langford Y Thomas,N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis EX Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Y Perdue On the adoption of the resolution, the yeas were 51, nays 2. The resolution, having received the requisite constitutional majority, was adopted as amended. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 11:44 A.M., the President announced the Senate adjourned. 58 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, January 15, 1998 Fourth 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 Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 336. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement in the Georgia Firemen's Pension Fund, so as to provide for creditable service for certain prior service. HB 1162. By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to increase the amount of taxpayer and dependent exemptions with respect to Georgia taxable net income; to increase the amount of the deduction in lieu of a personal exemption with respect to estates or trusts; to increase the amount of deductions that may be taken by taxpayers who have reached age 65 or are blind. The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 470. By Senator Streat of the 19th: A resolution declaring Retired Teachers at the Capitol Day. The following bills were introduced, read the first time and referred to committees: SB 433. By Senators Tysinger of the 41st, Lamutt of the 21st and Oliver of the 42nd: A bill to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to change the provisions regarding accepting or agreeing to be bound by certain electronic records; to retain sovereign immunity; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995." Referred to Committee on Science, Technology and Industry. SB 434. By Senators Clay of the 37th, Balfour of the 9th and Lamutt of the 21st: THURSDAY, JANUARY 15, 1998 59 A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide that only individuals or legally married couples may adopt a child or children. Referred to Committee on Judiciary. SB 435. By Senators Clay of the 37th, Balfour of the 9th and Lamutt of the 21st: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to limit the extension of insurance and employee benefits by cities or counties. Referred to Committee on Judiciary. SB 436. By Senator Land of the 16th: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to coverage of claims against uninsured motorists, so as to change certain provisions relating to service of process upon insurance companies which issued uninsured motorist policies; to provide for applicability. Referred to Committee on Judiciary. SB 437. By Senators Tysinger of the 41st, Hooks of the 14th, Starr of the 44th and Perdue of the 18th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain publication requirements for competitive bids; to require reporting of certain bid opportunities; to change the provisions regarding publishing notice of proposed projects requiring professional services and definitions and exemptions relating thereto. Referred to Committee on Science, Technology and Industry. SB 438. By Senator James of the 35th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide standards for the design, operation, and maintenance of public swimming pools; to provide for legislative purpose; to provide definitions; to provide for annual permits; to provide requirements relating to structural design and materials, water supply and quality, general safety precautions, electrical safety, hygiene, bather preparation facilities, and bather supervision. Referred to Committee on Health and Human Services. SB 439. By Senators Glanton of the 34th, Price of the 28th and Johnson of the 1st: A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to provide a religious exemption from the requirement that applicants be fingerprinted. Referred to Committee on Public Safety. SB 440. By Senators Glanton of the 34th, Gochenour of the 27th and Johnson of the 1st: A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for covenant marriage; to provide for a short title; to provide for definitions; to provide for procedures; 60 JOURNAL OF THE SENATE to provide for conditions and limitations; to provide for duties and authority of the office of Attorney General; to provide an effective date. Referred to Committee on Special Judiciary. SB 441. By Senators Glanton of the 34th, Gochenour of the 27th and Price of the 28th: A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to disclosure statements relative to campaign contributions, so as to provide that the Secretary of State shall post each such report in such a manner as to be readily accessible via the Internet; to provide that such reports shall be filed with the Secretary of State in electronic format. Referred to Committee on Ethics. SB 442. By Senator Langford of the 29th: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to limit the application of Code Sections 16-6-2, relating to sodomy, and 16-6-18, relating to fornication. Referred to Committee on Judiciary. SB 443. By Senators Oliver of the 42nd and Scott of the 36th: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to provide for revocation of drivers' licenses of persons convicted of certain unlawful transportation of a firearm in a motor vehicle; to provide for related matters; to provide for applicability. Referred to Committee on Public Safety. SB 444. By Senators Oliver of the 42nd, Scott of the 36th, Stokes of the 43rd and Thomas of the 10th: A bill to amend Title 16 and Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to crimes and the uniform rules of the road, respectively, so as to provide for uniform enforcement of statutory provisions relative to conduct in public transit buses, rapid rail cars, and stations. Referred to Committee on Judiciary. SB 445. By Senators Oliver of the 42nd and Starr of the 44th: A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the Quality Basic Education Act, so as to provide for Carnegie unit curriculum credits for completion of an approved driver education course in a driver training school; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses. Referred to Committee on Education. SB 446. By Senators Johnson of the 1st, Johnson of the 2nd, Hooks of the 14th, Oliver of the 42nd and Hill of the 4th: A bill to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding historic areas, so as to provide for preservation of state owned historic properties; to provide THURSDAY, JANUARY 15, 1998 61 for definitions; to encourage the location of state facilities in historic districts and the utilization of historic properties; to provide for legislative intent. Referred to Committee on Appropriations. SB 447. By Senators Marable of the 52nd, Dean of the 31st, Clay of the 37th and others: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the appointment of an educational care team upon application by a local board of education; to provide for the duties of an educational care team; to provide for related matters; to provide an effective date. Referred to Committee on Education. SR 478. By Senator James of the 35th: A resolution urging the Environmental Protection Division of the Department of Natural Resources to develop and implement a water treatment pilot project which utilizes the water purification technology, known as the Regenerative Activated Carbon Filtration System, engineered and developed by Custom Engineers Systems, Inc. Referred to Committee on Natural Resources. SR 479. By Senators Glanton of the 34th, Johnson of the 1st and Balfour of the 9th: A resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution. Referred to Committee on Judiciary. SR 481. By Senator Tysinger of the 41st: A resolution authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. The following bills were read the first time and referred to committees: HB 336. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement in the Georgia Firemen's Pension Fund, so as to provide for creditable service for certain prior service. Referred to Committee on Retirement. HB 1162. By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to increase the amount of taxpayer and dependent exemptions with respect to Georgia taxable net income; to increase the amount of the deduction in lieu of a personal exemption with respect to estates or trusts; to increase the amount of deductions that may be taken by taxpayers who have reached age 65 or are blind. 62 JOURNAL OF THE SENATE Referred to Committee on Finance and Public Utilities. Senator Walker of the 22nd assumed the Chair. The following committee reports were read by the Secretary: Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 142. Do pass by substitute. SB 403. Do pass as amended. Respectfully submitted, Mr. President: Senator Bowen of the 13th District, Chairman The Committee on State and Local Governmental Operations 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 216. Do pass as amended. HB 1031. Do pass. HB 1032. Do pass. HB 1148. Do pass. HB 1168. Do pass. Respectfully submitted, Mr. President: Senator Thomas of the 10th District, Chairman The Committee on Corrections, Correctional Institutions & Property has had under consideration the following bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 463. Do pass. SB 409. Do pass by substitute. SR 477. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Senator Dean of the 31st moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Thompson was excused. Senator Perdue of the 18th moved that Senator Starr of the 44th be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Starr was excused. Senator Walker of the 22nd called for the morning roll call, and the following Senators answered to their names: Balfour Blitch Boshears Bowen Broun, 46th Brown, 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson,D Johnson,E Kemp Lamutt THURSDAY, JANUARY 15, 1998 63 Land Langford Madden Marable Middleton Oliver Perdue Price,R Price.T Ragan Ralston Ray Roberts Scott Stokes Those not answering were: Streat Tanksley Taylor Thomas,D Thomas.N Turner Tysinger Abernathy Starr (excused) Thompson (excused) Walker(PRS) Senator Walker of the 22nd led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Walker of the 22nd introduced Ms. Gail Lavaughn, who sang Georgia on My Mind. Senator Walker of the 22nd introduced the chaplain of the day, Reverend Marvin McRae, of Mt. Vernon Baptist Church, Augusta, Georgia, who offered scripture reading and prayer. The following communications were received and read by the Secretary: The General Assembly State Capitol Atlanta January 15, 1998 Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334 Dear Lieutenant Governor Howard: Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 14, 1998, in the Senate Chamber of the state capitol building. At that caucus Honorable Emory C. McClinton was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning april 16, 1998, and expiring April 15, 2003. Respectfully submitted, Is/ GRACE W.DAVIS REPRESENTATIVE, 48TH DISTRICT CHAIRMAN FIFTH CONGRESSIONAL DISTRICT CAUCUS /s/ TYRONE BROOKS REPRESENTATIVE, 54TH DISTRICT SECRETARY FIFTH CONGRESSIONAL DISTRICT 64 JOURNAL OF THE SENATE The General Assembly State Capitol Atlanta TO: HONORABLE LEWIS MASSEY SECRETARY OF STATE This is to certify that Honorable Emory C. McClinton has been elected pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Fifth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1998, and expiring April 15, 2003. This 15th day of January, 1998. /s/ Pierre Howard PRESIDENT OF THE SENATE /s/ Thomas B. Murphy SPEAKER, HOUSE OF REPRESENTATIVES The General Assembly State Capitol Atlanta January 15, 1998 Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334 Dear Lieutenant Governor Howard: Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 14, 1998, in the Senate Chamber of the state capitol building. At that caucus Honorable W.P. "Billy" Langdale was elected as a member of the State Transportation Board of the Second Congressional District to serve a term beginning April 16, 1998, and expiring April 15, 2003. Respectfully submitted, /s/ JAY SHAW REPRESENTATIVE, 176TH DISTRICT CHAIRMAN SECOND CONGRESSIONAL DISTRICT CAUCUS /s/ TIM GOLDEN REPRESENTATIVE, 177TH DISTRICT SECRETARY SECOND CONGRESSIONAL DISTRICT CAUCUS THURSDAY, JANUARY 15, 1998 65 The General Assembly State Capitol Atlanta TO: HONORABLE LEWIS MASSEY SECRETARY OF STATE This is to certify that Honorable W.P. "Billy" Langdale has been elected pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Second Congressional District for a term of five years and until his successor is elected and qualified, such a term beginning April 16, 1998, and expiring April 15, 2003. This 15th day of January, 1998. lal PIERRE HOWARD PRESIDENT OF THE SENATE lal THOMAS B. MURPHY SPEAKER, HOUSE OF REPRESENTATIVES The General Assembly State Capitol Atlanta January 15, 1998 Honorable Pierre Howard Lieutenant governor 240 State Capitol Atlanta, GA 30334 Dear Lieutenant Governor Howard: Pursuant to you call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 14, 1998, in the Senate Chamber of the state capitol building. At that caucus Honorable Tom Triplett was elected as a member of the State Transportation Board from the First Congressional District to serve a term beginning April 16, 1998, and expiring April 15, 2003. Respectfully submitted, lal ROGER C. BYRD REPRESENTATIVE, 170TH DISTRICT CHAIRMAN FIRST CONGRESSIONAL DISTRICT CAUCUS lal ANNE MUELLER REPRESENTATIVE, 152ND DISTRICT SECRETARY FIRST CONGRESSIONAL DISTRICT CAUCUS 66 JOURNAL OF THE SENATE The General Assembly State Capitol Atlanta TO: HONORABLE LEWIS MASSEY SECRETARY OF STATE This is to certify that Honorable Tom Triplett has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the First Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1998, and expiring April 15, 2003. This 15th day of January, 1998 /s/ PIERRE HOWARD PRESIDENT OF THE SENATE /s/ THOMAS B. MURPHY SPEAKER, HOUSE OF REPRESENTATIVES The following resolutions were read and adopted: SR 476. By Senators Hooks of the 14th, Taylor of the 12th and Bowen of the 13th: A resolution recognizing the Fiftieth Anniversary Year of South Georgia Technical Institute in Americus, Georgia. SR 480. By Senators Blitch of the 7th and Taylor of the 12th: A resolution commending D. Ray James on the occasion of his retirement and 85th birthday. Senator Thomas of the 54th introduced the doctor of the day, Dr. Bill Barnwell, of Dalton, Georgia. Senator Dean of the 31st moved that the following bill be withdrawn from the Committee on State and Local Governmental Operations (General) and committed to the Committee on Corrections, Correctional Institutions and Property: SB 423. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Gillis of the 20th: A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payment by the Claims Advisory Board and the state department or agency affected. On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 423 was committed to the Committee on Corrections, Correctional Institutions and Property. The following local, uncontested bills of the Senate, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: THURSDAY, JANUARY 15, 1998 67 SENATE LOCAL CONSENT CALENDAR Thursday, January 15, 1998 FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 216 Walker, 22nd Cheeks, 23rd AUGUSTA-RICHMOND COUNTY A bill to amend an Act creating the Augusta-Richmond County Coliseum Authority, so as to provide for appointment of members.(AMENDMENT) HB 1031 Johnson, 1st Johnson, 2nd CITY OF SAVANNAH 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. HB 1032 Johnson, 1st Johnson, 2nd CHATHAM COUNTY 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 1148 Broun, 46th CLARKE COUNTY A bill to amend an Act providing for the Board of Education of Clarke County, so as to change the provisions relating to elections of members of said board. HB 1168 Roberts, 30th CARROLL COUNTY A bill to provide for a method of distribution of the net proceeds of the sales tax for education purposes levied in Carroll County; to provide for the method of distribution of proceeds of such tax between the Carroll County School District and the independent school districts located wholly or partially within Carroll County. The amendment to the following bill was put upon its adoption: *HB 216: Senators Cheeks of the 23rd and Walker of the 22nd offered the following amendment: 68 JOURNAL OF THE SENATE Amend HB 216 by striking lines 5 and 6 on page 1 and inserting in lieu thereof the following: "appointment of members; to provide an effective date;" By striking lines 28 and 29 on page 1 and inserting in lieu thereof the following: "designated district. No member". On the adoption of the amendment, the yeas were 47, the 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: Abernathy Y Griffin Price,R Y Balfour Y Guhl Price,T Y Blitch Y Harbison Ragan Y Boshears Henson Ralston Y Bowen Hill Ray Y Broun, 46th Hooks Roberts Y Brown, 26th Y Huggins Scott Brush Y James Y Starr Y Burton Y Johnson.D Stokes Y Cagle Y Johnson.E Y Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Y Egan Y Madden EX Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Walker(PRS) Y Gochenour Y Perdue On the passage of the local bills, the yeas were 47, nays 0. All the bills on the Local Consent Calendar, except HB 216, having received the requisite constitutional majority, were passed. HB 216, having received the requisite constitutional majority, was passed as amended. Senator Broun of the 46th moved that HB 1148 be immediately transmitted to the House. On the motion, the yeas were 29, nays 0; the motion prevailed, and HB 1148 was immediately transmitted. The President resumed the Chair. Pursuant to HR 728, the President announced as a Committee of Escort the following Senators: Perdue of the 18th, Walker of the 22nd, Starr of the 44th, Hooks of the 14th, Turner of the 8th, Clay of the 37th and Ragan of the llth. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: THURSDAY, JANUARY 15, 1998 69 The House has adopted by the requisite constitutional majority the following resolution of the House: HR 810. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th, Connell of the 115th and Buck of the 135th: A resolution relative to adjournment. Senator Perdue of the 18th moved that upon dissolution of the Joint Session of the Senate and House, the Senate would stand adjourned until 10:00 A.M. tomorrow. The President announced the motion prevailed at 10:50 A.M. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State message by His Excellency, Governor Zell Miller, was called to order by the President of the Senate. HR 728, authorizing the Joint Session of the Senate and the House, was read by the Clerk of the House. His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and the House of Representatives as follows: Over the holidays, Shirley and I got a great present. A dear friend gave us two eightweek-old yellow lab puppies. One is named Thomas B., the other is named Pierre. And I have the papers to prove it. One of them is a little rambunctious and has a bit of a temper. The other is thoughtful and reflective, even polite. You can guess which one is which. I've already had to cuss 'em a time or two, and Shirley keeps telling me, "Why don't you just try being a little nicer to them." These dogs will be with us for many years, and the friend who gave them to us thought it would be poetic justice for Shirley and me to get up every morning and go to bed every night, probably for the rest of our lives, taking care of Thomas B. and Pierre. I may have to let Shirley handle Thomas B. Seriously and very sincerely, I want to begin my last State of the State Address by paying tribute to these two very good and very able men who have presided over the House and Senate during my time as Governor. Without any doubt, they are the best presiding officers in the country. Both love this state deeply and both hold passionately to their beliefs. I have much respect, admiration and, yes, great affection for both of these men. Because of their work, Georgia is a better place and I have been a better Governor. It has been one of the great privileges of my life to have worked with Tom Murphy and Pierre Howard all these years. From the bottom of my heart, I thank you both. This past Christmas, for the 65th straight year, a family of Millers sat around an open fireplace in the old rock house in Young Harris. There were four generations of us. Shirley and I were the oldest. Our two sons, Murphy and Matt, and their two wives, Susan and Katie, were the next generation. Eight-year-old twins, Andrew and Bryan, teenager Justin and my granddaughter Asia and her husband Shane Martin were still another generation. And then their two sons Jacob, almost four, and Joshua, ten months, were the fourth generation. Quite a tribe; we filled up the entire room. And amid the wrapping paper and ribbon, amid the oohs and aahs, the obligatory thanks and the genuine surprises, I remembered back to the Christmases past and I thought of the Christmases yet to come. I did not need Jacob Marley's ghost or Tiny Tim to tell me how richly blessed I truly am. 70 JOURNAL OF THE SENATE I was just a little older than my great-grandson Jacob when the President of the United States stood on the steps of the United States Capitol, looked south and said, "I see one-third of a nation ill-housed, ill-clad and ill-nourished." That was the South I grew up in. But it is not the South my grandchildren and great-grandchildren will grow up in. Today, that "one-third of a nation," by itself, has an economy that is the fifth largest in the world. By the year 2000, the South will surpass the Northeast in population. And Georgia is leading the way. Our economy has outperformed the nation's every year since 1991, some years by more than 80 percent. We have created more than 2,000 new jobs every week since 1991, and last year we led the nation in high-tech job growth. Georgia is now truly an international location, home to more than 1,500 international businesses. The rest of the world has discovered what we already knew: There is no better place to live, work or raise a family than the State of Georgia. That's the Georgia those next generations will live in. And the state of that state today and I think for years to come - is excellent. As a student and teacher of history, I've always been comfortable with facts and details, words, dates and numbers. And I can think of many nights I've spent under this gold dome, working on budgets, Grafting legislation, looking for the right word or phrase or idea that would forge a compromise or pass a bill. You all know exactly what I mean. You are faced with it, too: large amounts of data you must wrestle with, long pages of words and numbers you must pore over, making sure that the bill does what you really intend. It is so easy to get bogged down in the minutia of state government, to just tune out while listening to long budget messages like the one on Tuesday, to lose sight of the forest, to lose sight even of the trees. But one thing is certain: what we do in this building is important. What we do here is vital to the daily lives of real children, real families and real communities. The words contained in any bill translate into real lives. The numbers in any budget represent real people. Those numbers I spout so easily - 299,000 HOPE Scholars, 60,000 four-year-olds in prekindergarten, 2,000 new jobs every week, two strikes and you're in for life, 57,000 families off the welfare rolls they are more than just statistics. Each number is a human being we have touched, and each touch is like a pebble tossed into the water, rippling through that person to touch their family, their community, their state. Behind each number is a face, a. life, a promise, a future. So today, I want to show you something of what we have accomplished together, not just tell you. Today I want to bring you face-to-face with those to whom we've lent a hand. Just as I saw it with my own family on Christmas morning, I want you, today, to see Georgia's present and look into the eyes of Georgia's future. As a father, grandfather and great-grandfather, I understand the deep desire that all parents have for their children to succeed, and the sacrifices that all parents make to help their children. For years, parents all over Georgia had been urging their children to do well in school, and scrimping and saving and doing without in hopes of being able to send their child to college or to a technical school. And then HOPE was born. In 1993, the State of Georgia entered into a covenant with those parents and their children. We said to all the children of this state: You study and you work hard in school, and HOPE will be there to help you go to college. You give something, you get something one of life's most important lessons. And we helped Georgia families realize their hopes and dreams for the future. THURSDAY, JANUARY 15, 1998 71 Now, almost five years later, HOPE achieves an historic milestone. Today, the HOPE Scholarship Program reaches the 300,000 mark. 300,000 individual students from every corner of this state, from every kind of community, have earned free tuition at our state colleges or scholarships at our private colleges. And today we have the honor of having one of those scholars with us. I am very pleased to introduce to you the 300,000th HOPE Scholar, Miss Lauren Stripling of Newnan, Georgia. Lauren, will you please stand. Lauren has a younger brother and an older sister, and I'll bet with three children, the HOPE Scholarship has come in handy when it comes to the family budget. Lauren graduated from Newnan High School with an outstanding 3.8 grade point average, while at the same time playing Varsity soccer, working on the school paper and holding down a part-time job. Now she attends the University of Georgia, and has earned a perfect 4.0 this past summer and fall quarters. She told me she is thinking of majoring in history education and becoming a history teacher. Lauren, from this old history teacher, I hope you do it. We need people like you in our classrooms. Thank you for coming today. Let me add one footnote. We've touched this family before. Lauren's older sister was a 1994 HOPE Scholar and graduated in three years at UGA... all on HOPE. And I hear her younger brother is on track for a HOPE scholarship as well. Folks, these three children in the Stripling family are a living, breathing legacy that we should all be proud of. By your support of the HOPE scholarship, each one of you has made a difference to the Stripling family and to tens of thousands of other Georgia families. The HOPE Scholarship Program is not the only innovation that has caught this nation's attention. In 1996, we embarked on another journey. We took Georgia where no state has ever gone before. At that time I compared it to Columbus sailing off into the unknown on the Nina, Pinta and Santa Maria. We became the first state in the history of this nation to offer prekindergarten, free of charge, to every four-year-old whose parents want it. We are still the only state to do that. Study after study documents that the impact of pre-K lasts well into adulthood, with higher education levels, greater earning power, stronger commitment to marriage, and lower incidence of welfare and crime. In the long-run, pre-K students are more likely to stay in school, achieve higher test scores, and graduate better prepared for further education or the workforce. More than 185,000 Georgia children have already benefitted from pre-K. What an incredible investment in our children and in our future. Now I want you to see with your own eyes where that investment is going. I want you to look into the eyes of Georgia's future. Would you please welcome the pre-K class of Debbie Cost and Norma Luster from The Children's Center at All Saints. Never doubt that providing pre-K for those children is one of the single most important investments we can make. Their head start will change the face of Georgia and the face of the South. Of that I have no doubt. The pre-K program reflects my philosophy of education: Not just some, but every Georgia child should enter school ready to learn. Not just some, but every Georgia child should have equal opportunity. Not just some, but every Georgia child deserves a head start. And the pre-K program achieves that. Now I want to brag on my wife of 44 years as of yesterday, Shirley Miller. For many years Shirley and I realized that the problem of illiteracy was costing Georgia both economically and educationally. Educationally, we were faced with the fact that nearly 30 percent of our adult population had never completed high school. In some counties, it was more than 50 percent. Economically, we discovered that over half a million adults in our workforce were functionally illiterate, costing Georgia employers over $2 billion a 72 JOURNAL OF THE SENATE year. But, even more important, behind those cold numbers are warm bodies. Good, caring, decent people trapped in the darkness of illiteracy. Shirley Carver Miller was determined to do something about it. She wanted this as her project. When she began in 1991, less than 70,000 adults were enrolled annually in literacy programs. Today, more than 100,000 are enrolled. When she began in 1991, only 13,000 Georgians were earning GEDs each year. Today, 21,000 earn their GEDs and a $500 HOPE scholarship voucher to continue their education. When she began in 1991, only a few of Georgia's 159 counties had full-time adult literacy teachers. Today, every county has them, and more than 1,100 computers have been placed in literacy labs statewide to assist those instructors. State funding for adult literacy has tripled to almost $12 million annually. Now I want to brag on two heroes: Willie Almond, Jr. from Franklin and Carrie Porter of Fort Valley. Will both of you please stand. Willie Almond has an amazing story to tell. He runs a lawn service and landscaping business in the city of Franklin. Fighting dyslexia since childhood, Mr. Almond quit school before he learned to read properly and had no plans to ever go back. With the help of adult literacy instructors and his wife, Sarah, he can now read whatever he wants. But he didn't stop there. He worked to bring a countywide literacy program to Heard County, so others could be helped, too. And he still didn't stop there. Ladies and gentlemen, as of January 2nd, let me introduce you to Franklin, Georgia's first African-American city council member of this century: Councilman Willie Almond, Jr. Carrie Porter's middle name is "Determination." This woman doesn't understand the concept of giving up. She had to quit school after she became pregnant. She worked as a cook at Warner Robins Day Care Center for 17 years while raising four children. Then in 1993, Mrs. Porter entered an adult literacy center in Peach County and earned her GED. But she didn't stop there. In September of 1995, she enrolled at Georgia College in Milledgeville, and has now earned an associate degree in child development. Remember I told you she was a cook for the Warner Robins Day Care Center for 17 years? Please meet the new director of the Warner Robins Day Care Center, Mrs. Carrie Porter. Thank you both for being here today. The State of Georgia has done a remarkable job of helping Lauren and Carrie and Willie, and thousands like them. But Georgia also has an obligation to protect our citizens as well. So, I'd like to tell you a more somber story. We all know that DUI has been a plague on our streets and highways... that it has caused unnecessary death and bloodshed. Too many lives have been lost. Too many families have been shattered. Too much pain has been felt. DUI criminals - and that's what they are, criminals - can terrorize any one of us at a moment's notice. They victimize at random. Each and every one of us is at risk the moment we get into a car or even walk down the sidewalk along the street. It can strike anyone, anywhere, anytime. And it can be prevented. That is why drunk drivers have found no mercy during the Miller Administration. But I had a more personal motivation as well. Back in 1992, Mr. Charles McManis was living in Jonesboro, and the first week of the session, he came to my office. I'd never met him before, and today is the first time we've spoken since that meeting. He walked into my office and handed me a framed photograph - this portrait of his daughter, Katherine Sue. She had just been killed by a drunk driver at the age of 21. Mr. McManis talked not as constituent to Governor, but as father to father. Heart to heart. He asked me to keep this photograph in my office as a reminder of the terrible cost and terrible consequences of DUI. With tears in his eyes, he asked me not to forget about his daughter, and to please stop it from happening THURSDAY, JANUARY 15, 1998 73 again. Mr. McManis has come all the way from Dandridge, Tennessee, to be with us today. Thank you for doing that, and would you please stand. Mr. McManis, I want you to know that up until the moment I removed it to bring it here with me today, I have kept your daughter's portrait on display in my office every single day since our meeting six years ago. This photo affected me. No longer was DUI just another political fight to win. No longer were those terrible DUI statistics just numbers. I had this face in front of me. And every single day I walked into my office, she was there. Many people, visiting my office, have seen her picture and asked if she were my daughter or granddaughter. And each time I've told them this story. Today, I'm telling our whole state. I cannot begin to comprehend the loss of a child to drunk driving. I won't even pretend to. Here was a young woman, full of life and promise, gone forever because of a stupid, senseless crime. So each and every year I asked you to take another major step forward toward making our highways safe from drunk and drugged drivers. And you responded. In 1997, we passed one of the toughest DUI laws in America: Mandatory jail time for drunk drivers. No keeping your license by pleading nolo. Confiscation of license plates. Zero tolerance for minors. That is the kind of DUI protection the law-abiding drivers of Georgia deserve. Because of our work for these tougher penalties, my hope and prayer is that there will be fewer drunken killers on the road. Thank you, Mr. McManis for bringing your daughter's picture to my office and for being here with us today. Now let me tell you about some individuals who could not be here today. Thanks to your help, we passed "two-strikes and you're out." The toughest crime law in the nation. And thanks to that law, there are 1,710 violent criminals who could not be here today, or anywhere else, because they are locked away in Georgia prisons. Those 1,710 criminals were convicted under our "two-strikes" law, and they are going to serve every year, every month, every day, every second of their sentences without parole. And let me tell you something else. Collectively, those 1,710 thugs were responsible for more than 9,800 crimes, including over 4,900 violent crimes. But thanks to the twostrikes law, they are no longer a threat to the law-abiding people of Georgia. And that's why you now see headlines like this one right here. This year, we're going to do more. We have not only made our human environment safer, we have also taken major steps to preserve our natural environment. One of our biggest success stories has been Preservation 2000, our program to protect more than 100,000 acres of natural land. As I am speaking, television viewers are looking at some of the gorgeous natural features that Preservation 2000 has saved. Places like Little Tybee Island, Tallulah Gorge and Smithgall Woods. You in this chamber are looking at someone shaped by that rugged land, because your Governor is very much a product of the North Georgia mountains. I am so fortunate for that. I grew up surrounded by the spectacular beauty of the mountains. It is a part of me wherever I go. We created Preservation 2000 with very ambitious goals, some said too ambitious to protect 100,000 acres of wildlife habitat and natural areas, and save it for future generations. And we succeeded. We preserved land in some 50 counties from Dade and Walker in the northwest, to Mclntosh in the southeast... From Rabun in the far northeast corner to Decatur in the far southwest corner. From the coast to the mountains, Preservation 2000 touches every part of the state. This land is our common gift, a wonderful gift that God gave to all of us, and now a gift we treasure and nurture and pass on to our children and to generations yet to come. And this year, we will do even more. 74 JOURNAL OF THE SENATE On January 14, 1991, after I had taken the oath of office as Governor of this state, I talked about the people to whom my administration would be dedicated: The small business owners, the bold entrepreneurs, the family farmers, the senior citizens, and, as I put it then, the "young families struggling to afford day care now and save for college later." I went on: "It is to every family that works and saves and sometimes comes up a little short at the end of the month, that this administration is dedicated." I summed it up by saying, and I quote, "The central purpose of the Miller administration will be to prepare Georgia for the 21st century. Education is the most important part of that purpose. Without it, nothing else can save us. With it, nothing else can stop us." Today I am proud to say that with your good help, I have kept that faith. I have fought that fight, although I've still got some fight left in me, and I am preparing to finish the course. So now, as the pages turn on the final chapter of my career as a public servant, I remember how it was in that first chapter of my life, growing up in that remote valley, in that same house in which we just celebrated Christmas. On summer nights before the TVA dammed up the Hiawassee River and brought electricity to the valley, after the moon had come up over Double Knobs and the lightning bugs were blinking, while the frogs croaked down at the creek, and the katydids sang, and every once in a while a whippoorwill's lonesome cry could be heard, I remember after my mother had finally quit working and was getting us quiet and ready for bed... I remember we'd play a game. The game would start when the headlights of that rare car would penetrate the darkness, maybe once every half-hour, on the narrow strip of cracked asphalt across the ditch in front of our house. We'd stare as the headlights would disappear and then reappear as it made its way around the steep curves and finally across Brasstown Mountain. We'd count and we'd see how long it took from the time it went by the house until its taillights disappeared through the distant gap and it was no longer a part of that one and only world I knew. It was often at this time that my Mother would laugh and say, "You know what's so great about this place? You can get anywhere in the world from here." That world has turned many times since I first traveled that narrow road through that gap and out of that valley. It has been a long road with many twists and turns, ups and downs, bumps and wrecks. A road that finally carried me to the highest office of the tenth largest state in the nation, to all the continents and famous cities of the world, into the Oval Office of the White House and onto Air Force One, to Madison Square Garden, where I spoke to 20 million people through a medium unknown and unimagined when I was a child watching those cars and playing that game. And so I close my last State of the State Address, knowing that once again my mother has been proved right. One could get anywhere in the world from that little mountain valley... and back again. And I've always wanted that to be true for every child in Georgia. Everywhere I've ever been was on my way back home. I want to thank the people of this great state for entrusting to me for eight years your Office of Governor. I hope I have served you well. And I want to thank my very special staff who has served me so well. Thanks to all of you my family, my friends, and my God it has been one heck of a ride. But we still have work to do. So let's get at it. The President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 A.M. tomorrow. FRIDAY, JANUARY 16, 1998 75 Senate Chamber, Atlanta, Georgia Friday, January 16, 1998 Fifth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the 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 bill of the House: HB 1181. By Representatives Epps of the 131st and Smith of the 102nd: A bill to amend an Act reconstituting the Meriwether County Board of Education, so as to provide a per diem allowance for the members of such board. The following bills were introduced, read the first time and referred to committees: SB 448. By Senators Land of the 16th and Ralston of the 51st: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide that any person sentenced to imprisonment other than a sentence of life imprisonment for the first conviction or any subsequent conviction of any serious felony committed on or after the effective date of this Act shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles. Referred to Committee on Corrections, Correctional Institutions & Property. SB 449. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Streat of the 19th: A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to pardons and paroles, so as to provide that the State Board of Pardons and Paroles is authorized to require as a condition of relief that offenders pay directly to providers a reasonable fee for approved services and programs; to provide an effective date. Referred to Committee on Corrections, Correctional Institutions & Property. SB 450. By Senators Balfour of the 9th, Johnson of the 1st, Tysinger of the 41st and others: 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 enact the "Prohibition of Negative Check-off Act"; to provide that it shall be an unfair and deceptive trade practice to receive funds from an individual or withhold funds otherwise due to an individual where such funds are not given or withheld on a voluntary basis. 76 JOURNAL OF THE SENATE Referred to Committee on Consumer Affairs. SB 451. By Senators Brown of the 26th, Thomas of the 10th, Stokes of the 43rd and Blitch of the 7th: A bill to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the parent and child relationship generally, so as to provide for gestational surrogacy contracts; to provide definitions; to provide expedited affirmation of parental status for gestational surrogacy. Referred to Committee on Judiciary. SB 452. By Senators Thomas of the 10th, Marable of the 52nd, Hill of the 4th and others: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to require individual and group health insurance policies, group health plans or policies, and all other forms of managed or capitated care plans or policies to provide insurance coverage for diabetes outpatient self-management training and diabetes equipment and supplies. Referred to Committee on Health and Human Services. SB 453. By Senators Brush of the 24th, Johnson of the 1st, Clay of the 37th and Cagle of the 49th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to prohibit the passing of a bill or resolution naming or renaming any state property for any current or former elected public official while such official is living; to provide an effective date. Referred to Committee on State and Local Governmental Operations (General). SB 454. By Senators Price of the 56th, Clay of the 37th, Johnson of the 1st and others: A bill to amend Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to the proportion of vote required for nomination in a primary and election in a special election or general election and run-off elections, so as to provide that the Governor, Lieutenant Governor, United States Senators, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected by majority vote; to provide for procedures. Referred to Committee on State and Local Governmental Operations (General). SB 455. By Senators Balfour of the 9th, Price of the 28th, Johnson of the 1st and others: A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding eligibility and qualifications for office, so as to provide for random drug testing for certain elected state officers; to provide for standards, procedures, and regulations. Referred to Committee on State and Local Governmental Operations (General). SB 456. By Senators Balfour of the 9th, Glanton of the 34th, Ray of the 48th and Gochenour of the 27th: FRIDAY, JANUARY 16, 1998 77 A bill to amend Code Section 36-35-4 of the Official Code of Georgia Annotated, relating to compensation and benefits for employees and members of governing authorities of municipalities, so as to define the term "dependent" as it applies to benefits for employees and members of governing authorities; to provide an effective date. Referred to Committee on State and Local Governmental Operations (General). SB 457. By Senators Balfour of the 9th, Glanton of the 34th, Ray of the 48th and Gochenour of the 27th: A bill to amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions applicable to such Code, so as to define the term "dependent"; to provide an effective date. Referred to Committee on State and Local Governmental Operations (General). SB 458. By Senators Clay of the 37th, Cagle of the 49th, Lamutt of the 21st and Tanksley of the 32nd: A bill to amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center, so as to provide that juveniles who commit offenses for which they are fingerprinted shall be reported to the center; to provide for related matters; to provide an effective date. Referred to Committee on Corrections, Correctional Institutions & Property. SB 459. By Senators Clay of the 37th and Cagle of the 49th: A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay, so as to provide that hearsay statements made by a child under the age of 16 years regarding sexual contact or physical abuse are admissible under certain circumstances. Referred to Committee on Judiciary. SB 460. By Senators Clay of the 37th and Cagle of the 49th: 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 provide for the offense of interfering with a 911 call; to provide for an effective date. Referred to Committee on Judiciary. SB 461. By Senators Clay of the 37th, Lamutt of the 21st and Cagle of the 49th: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to provide that a sentence of life without parole may be imposed for certain serious violent felonies; to provide for related matters; to provide for an effective date and applicability. Referred to Committee on Corrections, Correctional Institutions & Property. SB 462. By Senators Clay of the 37th and Cagle of the 49th: A bill to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions governing the lottery for education, so as to pro- 78 JOURNAL OF THE SENATE vide for lottery funds to be available to be spent on technology education in Georgia's public high schools. Referred to Committee on Appropriations. SB 463. By Senators Clay of the 37th and Cagle of the 49th: A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs and general provisions governing the state militia, so as to provide that members of the Georgia National Guard may be used as honor guards for veterans' funerals. Referred to Committee on Defense and Veterans Affairs. SB 464. By Senators Clay of the 37th and Cagle of the 49th: A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to provide that a medical examiner's inquiry shall be conducted whenever a child dies in Georgia. Referred to Committee on Special Judiciary. SB 465. By Senators Clay of the 37th, Cagle of the 49th and Lamutt of the 21st: A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board of and Department of Corrections, so as to provide for an independent outside audit once every four years of income and expenditures of the Department of Corrections with emphasis placed on procurement, construction, and staffing. Referred to Committee on Corrections, Correctional Institutions & Property. SB 466. By Senators Clay of the 37th and Cagle of the 49th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of state-wide poll watchers for elections and municipal elections; to provide for limitations. Referred to Committee on State and Local Governmental Operations (General). SB 467. By Senators Clay of the 37th, Cagle of the 49th and Lamutt of the 21st: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, and Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to eliminate the two-year limit on supervised probation for probationers who have committed crimes against children. Referred to Committee on Corrections, Correctional Institutions & Property. SB 468. By Senators Johnson of the 1st, Clay of the 37th, Cagle of the 49th and others: A bill to amend Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide that tapes, cassettes, compact discs, or other audio recordings provided by the state to parents of newborn children for the purpose of child development shall have certain content; to provide an effective date. Referred to Committee on Special Judiciary. FRIDAY, JANUARY 16, 1998 79 SB 469. By Senator Boshears of the 6th: A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to provide for the posting at the appropriate courthouse of a notice of a scheduled or called meeting; to provide for the mailing of notice of such meetings to members of the public if certain conditions are met. Referred to Committee on State and Local Governmental Operations (General). SB 470. By Senator Langford of the 29th: A bill to provide that persons sentenced to imprisonment for certain criminal offenses against children shall not be eligible for parole, early release, or other sentence-reducing measures; to amend Code Section 16-6-3 of the Official Code of Georgia Annotated, relating to the crime of statutory rape, so as to provide for such restrictions with respect to statutory rape. Referred to Committee on Corrections, Correctional Institutions & Property. The following bill was read the first time and referred to committee: HB 1181. By Representatives Epps of the 131st and Smith of the 102nd: A bill to amend an Act reconstituting the Meriwether County Board of Education, so as to provide a per diem allowance for the members of such board. Referred to Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Finance and Public Utilities 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 419. Do pass. HB 95. Do pass. HB 1162. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Science, Technology and Industry has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 433. Do pass. Respectfully submitted, Senator Tysinger of the 41st District, Chairman The following bills and resolutions were read the second time: SB 403 SB 409 SR 463 SR 477 Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Balfour Blitch Boshears Bowen Broun, 46th Brown, 26th 80 JOURNAL OF THE SENATE Brash Hill Burton Hooks Cagle Huggins Cheeks James Clay Johnson,D Crotts Johnson.E Dean Kemp Egan Lamutt Fort Land Gillis Langford Glanton Madden Gochenour Marable Griffin Middleton Guhl Oliver Harbison Price ,R Henson Price.T Those not answering were: Ragan Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas ,D Thomas ,N Thompson Turner Tysinger Walker Abernathy Perdue(PRS) Ralston Senator Roberts of the 30th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Ralston was excused. Senator Balfour of the 9th led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Balfour of the 9th introduced the chaplain of the day, Reverend James Crutchfield, associate pastor of Annistown Baptist Church, Lithonia, Georgia, who offered scripture reading and prayer. Senator James of the 35th introduced the Kingdom Kids Choir, who sang inspirational songs. Senator Guhl of the 45th introduced the doctor of the day, Dr. Carol Murdock-Palmer of Social Circle, Georgia. The following resolutions were read and adopted: SR 482. By Senators Bowen of the 13th, Guhl of the 45th, Fort of the 39th and others: A resolution commending the firefighters of Georgia and observing the 26th annual Firefighters' Recognition Day. SR 483. By Senators Gillis of the 20th, Dean of the 31st, Broun of the 46th and others: A resolution expressing regret at the passing of Kyle Wayne Dinkheller. SR 484. By Senators Clay of the 37th, Griffin of the 25th, Cagle of the 49th and Scott of the 36th: A resolution honoring Curtis Mayfield. SR 485. By Senators Clay of the 37th and Cagle of the 49th: A resolution designating June 27-28, 1998, as Amateur Radio Weekend in honor of Georgia's amateur radio operators. SR 486. By Senator Dean of the 31st: A resolution commending Ralph Aford Lively. FRIDAY, JANUARY 16, 1998 81 Senator Lamutt of the 21st moved that Senator Price of the 28th be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Price was excused. Senator Ray of the 48th moved that Senator Balfour of the 9th be excused. On the motion, the yeas were 30, nays 1; the motion prevailed, and Senator Balfour was excused. The following resolution of the House was read and put upon its adoption: HR 810. By Representatives Murphy of the 18th, Walker of the 141st, Lee of the 94th and others: A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 16, 1998, and shall reconvene on Monday, January 26, 1998. BE IT FURTHER RESOLVED that for the duration of the remainder of the 1998 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin EX Price,R EX Balfour Y Guhl Y Price,T Y Blitch Harbison Y Ragan Y Boshears Henson EX Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Roberts Y Brown, 26th Y Huggins Y Scott Y Brush Y James Y Starr Y Burton Y Johnson,D Y Stokes Y Cagle Y Johnson.E Y Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Perdue (PRS) On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Walker of the 22nd moved that upon dissolution of the Joint Session of the Senate and the House, the Senate stand in recess until 5 P.M., then pursuant to HR 810, adjourn until 10 A.M. Monday, January 26, 1998. 82 JOURNAL OF THE SENATE The hour for convening the Joint Session of the Senate and the House having arrived, the President, accompanied by the Secretary of the Senate and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message from the Honorable Robert Benham, Chief Justice of the Supreme Court, was called to order by the President of the Senate. HR 730, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House. The Honorable Robert Benham, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives. At 10:55 A.M., the President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood in recess until 5 P.M., then adjourned until Monday, January 26, 1998 at 10 A.M. MONDAY, JANUARY 26, 1998 83 Senate Chamber, Atlanta, Georgia Monday, January 26, 1998 Sixth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President. Senator Muggins of the 53rd reported that the Journal of Friday, January 16, 1998 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: HB 442. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th: A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to retirement allowance options under the Employees' Retirement System of Georgia, so as to provide that a retired member who marries may elect a spouse's option. HB 443. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, so as to provide that members may retire with less than 30 years of service. HB 381. By Representative Childers of the 13th: A bill to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to increase the retirement benefit. HB 724. By Representative Golden of the 177th: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership by superior court judges, district attorneys, and other court personnel in the Employees' Retirement System of Georgia, so as to provide that employees of a district attorney who are paid by the office of the district attorney may become members of such retirement system subject to certain conditions. HB 759. By Representatives Parrish of the 144th, Cummings of the 27th, Shanahan of the 10th and others: A bill to amend Article 1 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions regarding the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to definitions. 84 JOURNAL OF THE SENATE HB 780. By Representatives Jenkins of the 110th, Holland of the 157th, Barnes of the 33rd and others: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the amount of salary which may be considered earnings for purposes of such retirement fund; to change the employee contribution in such retirement fund. HB 885. By Representative Cummings of the 27th: A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions, so as to provide for credit for prior service as an employee of the Foundation for Public Broadcasting in Georgia, Inc.. HB 936. By Representative Cummings of the 27th: A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that any person who first becomes an employee at age 60 or later may elect not to become a member of such retirement system. The following bills were introduced, read the first time and referred to committees: SB 471. By Senators Brush of the 24th and Thompson of the 33rd: A bill to amend Code Section 40-2-77 of the Official Code of Georgia Annotated, relating to special license plates for antique or hobby or special interest vehicles, so as to change the authorized dimensions of such special license plates. Referred to Committee on Finance and Public Utilities. SB 472. By Senators Langford of the 29th and Egan of the 40th: A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that neither the State of Georgia, its agents, nor any of its political subdivisions shall use race, color, creed, gender, or national origin as a criterion for hiring or granting purchase contracts; to provide for limitations on the foregoing; to provide for construction; to provide an effective date. Senator Langford of the 29th gave notice that at the proper time he would move that SB 472 be engrossed. SB 473. By Senators Land of the 16th, Ralston of the 51st and Oliver of the 42nd: A bill to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to change the provisions relating to meetings and proceedings of child abuse protocol committees and subcommittees; to provide that meetings and proceedings of the State-wide Child Abuse Prevention Panel and child abuse protocol committees and subcommittees in the exercise of their duties shall be subject to Chapter 14 of Title 50, relating to open meetings. Referred to Committee on Judiciary. MONDAY, JANUARY 26, 1998 85 SB 474. By Senators Hooks of the 14th, Perdue of the 18th, Starr of the 44th and Walker of the 22nd: 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 government, so as to change provisions relating to state relations with nonprofit organizations providing services and facilities to the state; to define terms; to provide for required financial reporting and other reporting; to provide for audits; to provide for review by the state auditor; to provide for required corrective actions. Referred to Committee on Appropriations. SB 475. By Senator Boshears of the 6th: A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to provide procedures for ceasing to operate certain tracts of land as a wildlife management area. Referred to Committee on Natural Resources. SB 476. By Senators Crotts of the 17th, Dean of the 31st, Glanton of the 34th and others: A bill to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification as a defense to criminal prosecution, so as to provide for threats and use of force in defense of dwellings, places of business, and motor vehicles; to provide for criminal and civil immunity. Referred to Committee on Judiciary. SB 477. By Senators Cheeks of the 23rd and Walker of the 22nd: A bill to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of corporate garnishees shall not constitute the practice of law and may be done by corporate officers or employees; to provide that delivery to the court of money or property admitted to be subject to garnishment may likewise be accomplished through a corporate officer or employee. Referred to Committee on Judiciary. SB 478. By Senator Broun of the 46th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for alternative forms and methods relating to living wills and durable powers of attorney for health care; to provide for adopting declarations and durable agencies; to provide for the effect, duration, and revocation of such documents; to provide for the Secretary of State to make forms available. Referred to Committee on Judiciary. SB 479. By Senator Boshears of the 6th: A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to applicability of statutory homestead to intestate insolvent estates, so as to provide for a bankruptcy exemption for certain charitable contributions. 86 JOURNAL OF THE SENATE Referred to Committee on Special Judiciary. SB 480. By Senators Boshears of the 6th and Ragan of the llth: A bill to amend Article 1 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to seeds and plants, so as to provide for the protection of gallberry bushes; to provide for a statement of legislative purpose; to provide for a definition; to prohibit certain applications of herbicides, defoliants, and other chemicals. Referred to Committee on Agriculture. SB 481. By Senator Henson of the 55th: A bill to amend Code Section 31-41-3 of the Official Code of Georgia Annotated, relaing to definitions applicable to the lead hazard reduction program, so as to change certain definitions; to amend Code Section 31-41-4 of the Official Code of Georgia Annotated, relating to the creation of the lead hazard reduction program, so as to change certain provisions relating to abatement on a person's property. Referred to Committee on Natural Resources. SB 482. By Senator Henson of the 55th: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the protection of the title of industrial hygienist; to provide for related matters. Referred to Committee on Consumer Affairs. SR 487. By Senator Langford of the 29th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law restrict the authority of the State Board of Pardons and Paroles to grant paroles to persons who have been convicted of criminal offenses upon children; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Corrections, Correctional Institutions & Property. SR 488. By Senator Streat of the 19th: A resolution authorizing the conveyance of certain state owned real property located in Coffee County, Georgia. Referred to Committee on Finance and Public Utilities. SR 489. By Senator Middleton of the 50th: A resolution authorizing the conveyance of certain state owned real property located in White County, Georgia, to Sidney W. Shortt and Sherry E. Shortt and the acceptance of certain real property owned by Sidney W. Shortt and Sherry E. Shortt in consideration therefor; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 490. By Senators Land of the 16th and Hooks of the 14th: A resolution honoring Dr. Deryl Hart and designating a portion of Georgia Highway 137 as the "Dr. Deryl Hart Road". MONDAY, JANUARY 26, 1998 87 Referred to Committee on Transportation. SR 491. By Senators James of the 35th and Fort of the 39th: A resolution recognizing African American entrepreneurs and proclaiming February 12, 1998, as "African American Business Enterprise Day". Referred to Committee on Rules. SR 492. By Senator Ragan of the llth: A resolution urging the Secretary of Agriculture and the Congress of the United States to take appropriate action to have the State of Georgia declared an agricultural disaster area. Referred to Committee on Agriculture. SR 493. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia. Referred to Committee on Finance and Public Utilities. SR 494. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia. Referred to Committee on Finance and Public Utilities. SR 495. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real properties located in Baldwin County, Georgia. Referred to Committee on Finance and Public Utilities. SR 496. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real properties located in Baldwin County, Georgia. Referred to Committee on Finance and Public Utilities. SR 498. By Senators Griffin of the 25th, Tysinger of the 41st, Lamutt of the 21st and others: A resolution proposing an amendment to the Constitution so as to provide for special veto consideration sessions of the General Assembly; to provide that such sessions shall be held when any veto from a regular or special session is not considered at that regular or special session; to provide for the time and manner of convening such special veto consideration sessions; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Judiciary. The following bills were read the first time and referred to committees: HB 381. By Representative Childers of the 13th: A bill to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to increase the retirement benefit. 88 JOURNAL OF THE SENATE Referred to Committee on Retirement. HB 442. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th: A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to retirement allowance options under the Employees' Retirement System of Georgia, so as to provide that a retired member who marries may elect a spouse's option. Referred to Committee on Retirement. HB 443. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, so as to provide that members may retire with less than 30 years of service. Referred to Committee on Retirement. HB 724. By Representative Golden of the 177th: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership by superior court judges, district attorneys, and other court personnel in the Employees' Retirement System of Georgia, so as to provide that employees of a district attorney who are paid by the office of the district attorney may become members of such retirement system subject to certain conditions. Referred to Committee on Retirement. HB 759. By Representatives Parrish of the 144th, Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Article 1 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions regarding the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to definitions. Referred to Committee on Retirement. HB 780. By Representatives Jenkins of the 110th, Holland of the 157th, Barnes of the 33rd and Channell of the lllth: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the amount of salary which may be considered earnings for purposes of such retirement fund; to change the employee contribution in such retirement fund. Referred to Committee on Retirement. HB 885. By Representative Cummings of the 27th: A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions, so as to provide for credit for prior service as an employee of the Foundation for Public Broadcasting in Georgia, Inc.. Referred to Committee on Retirement. MONDAY, JANUARY 26, 1998 89 HB 936. By Representative Cummings of the 27th: A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that any person who first becomes an employee at age 60 or later may elect not to become a member of such retirement system. Referred to Committee on Retirement. The following bills were read the second time: SB 419 SB 433 HB 1162 The President called for the morning roll call, and the following Senators answered to their names: Abernathy Gochenour Balfour Griffin Blitch Guhl Boshears Harbison Bowen Henson Broun, 46th Hill Brown, 26th Hooks Brush Huggins Burton James Cagle Johnson,D Cheeks Johnson,E Clay Kemp Crotts Lamutt Dean Land Egan Langford Fort Madden Gillis Marable Glanton Middleton Those not answering were: Oliver Perdue Price,R Price.T Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas.D Thomas,N Thompson Turner Tysinger Walker Ragan Scott The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. The President and Senator Gillis of the 20th introduced the group Hearts of Fire, of Alamo, Georgia, who sang inspirational songs. Senator Dean of the 31st introduced the chaplain of the day, Bishop David Huskins of New Birth Missionary Baptist Church, Cedartown, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 497. By Senator Broun of the 46th: A resolution honoring James Don Edwards, Ph.D. SR 499. By Senator Blitch of the 7th: A resolution commending Lisa Bickmore. SR 500. By Senator Blitch of the 7th: A resolution recognizing and commending Brandi Thornton. 90 JOURNAL OF THE SENATE SR 501. By Senator Boshears of the 6th: A resolution recognizing and commending Natalie Stewart. SR 502. By Senator Bowen of the 13th: A resolution commending Geary Bush. SR 503. By Senator Broun of the 46th: A resolution commending Chase McKissick. SR 504. By Senator Crotts of the 17th: A resolution commending Will Fletcher. SR 505. By Senator Hill of the 4th: A resolution recognizing and commending Kibble Richardson. SR 506. By Senator Perdue of the 18th: A resolution commending Trayvis Manual. SR 507. By Senator Streat of the 19th: A resolution recognizing and commending Derek Shumans. SR 508. By Senators Broun of the 46th and Guhl of the 45th: A resolution recognizing and commending Justin Barnette. SR 509. By Senator Ralston of the 51st: A resolution recognizing and commending Justin Brooks. SR 510. By Senator Price of the 28th: A resolution recognizing and commending Wanda Guy. SR 511. By Senators Huggins of the 53rd and Thomas of the 54th: A resolution recognizing and commending Wes Taylor. SR 512. By Senators Burton of the 5th, Balfour of the 9th, Tysinger of the 41st and others: A resolution commending Dan Eberhart. SR 513. By Senator Brown of the 26th: A resolution commending Brandelyn Scott. SR 514. By Senators Taylor of the 12th and Hooks of the 14th: A resolution commending Danielle Blankenship. SR 515. By Senators Huggins of the 53rd and Thomas of the 54th: A resolution commending exceptional members of 4-H and recognizing the observance of 4-H Day at the state capitol. SR 516. By Senator Middleton of the 50th: A resolution recognizing and commending J. B. Jones. SR 517. By Senator Ragan of the llth: MONDAY, JANUARY 26, 1998 91 A resolution commending Bill Yearta. SR 519. By Senator Starr of the 44th: A resolution acknowledging the contributions of Senior Georgians; recognizing Senior Week at the Capitol during the week of January 26-30, 1998. SR 521. By Senator Price of the 56th: A resolution honoring Honorable W. L. "Pug" Mabry. The proper time having arrived to entertain the motion, Senator Langford of the 29th moved that the following bill be engrossed: SB 472. By Senators Langford of the 29th and Egan of the 40th: A bill to amend Chapter 2 of Title 1 of the Official Code of Georgia Annotated, relating to persons and their rights, so as to provide that neither the State of Georgia, its agents, nor any of its political subdivisions shall use race, color, creed, gender, or national origin as a criterion for hiring or granting purchase contracts; to provide for limitations on the foregoing; to provide for construction; to provide an effective date. On the motion, the President ordered a roll call, and the vote was as follows: N Abernathy N Griffin N Price,R N Balfour N Guhl N Price.T N Blitch N Harbison N Ragan N Boshears N Henson N Ralston N Bowen Hill N Ray N Broun, 46th N Hooks N Roberts Brown, 26th N Huggins N Scott N Brush James N Starr N Burton Johnson,D N Stokes N Cagle Johnson,E Streat N Cheeks N Kemp N Tanksley N Clay N Lamutt Taylor N Crotts N Land N Thomas,D N Dean Y Langford N Thomas,N N Egan N Madden N Thompson N Fort N Marable N Turner N Gillis N Middleton N Tysinger N Glanton N Oliver N Walker N Gochenour N Perdue On the motion to engross, the yeas were 1, nays 48, and the motion to engross was lost. The President referred SB 472 to the Committee on Judiciary. SENATE CALENDAR Monday, January 26, 1998 SIXTH LEGISLATIVE DAY SR 86 CA: Environmental Trust Fund-for protection, improvement (Nat R29th) 92 JOURNAL OF THE SENATE SB 142 Sheriffs-qualifications, drug tests (SubstituteXPub Saf-46th) SB 403 Driver's License-learner's permit driving record (Amendment) (Pub Saf-16th) SB 409 Probation-portion of supervision fees to Crime Victims Emergency Fund (Substitute)(Corr-22nd) SR 463 CA: Parole-abolish Pardons and Paroles Board authority to grant (Corr-18th) SR 477 Bipartisan Joint Commission on Parole Abolition and Sentencing Reform-create (Corr-22nd) HB 95 Public Service Commission; election; amend provisions (F&PU-14th) Coleman-142nd The following general bills were read the third time and put upon their passage: SR 86. By Senators Langford of the 29th, Dean of the 31st and Land of the 16th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for an environmental trust fund to receive, hold, and expend funds to protect and improve the environment; to provide that the General Assembly shall provide that certain fines and penalties shall be paid into such fund; to provide for submission or this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article III, Section K, Paragraph VI of the Constitution is amended by inserting at the end thereof a new subparagraph to read as follows: "(k) The General Assembly is authorized to provide by general law for an environmental trust fund for the purpose of receiving, holding, and expending funds to assure the correction, remediation, and reparation of any damages caused by violations of environmental statutes, regulations, standards, or rules. The General Assembly shall provide that the proceeds from fines and penalties assessed for such environmental violations be paid to such fund, and such fund shall not be subject to the provisions of Article III, Section DC, Paragraph IV(c), relative to the lapsing of funds. The moneys paid into the trust fund shall be expended on a pro rata basis to address damages related to the subject of the chapter of the Official Code of Georgia Annotated in which the statute violated appears." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. MONDAY, JANUARY 26, 1998 93 The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the General Assembly to establish an environmental trust fund and to direct ( ) NO that certain fines and penalties be paid into such fund?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: N Abernathy N Griffin Y Price,R Y Balfour Y Guhl Y Price.T Y Blitch Y Harbison Y Ragan Y Boshears Y Henson Y Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Y Brown, 26th Y Huggins N Scott Y Brush N James Y Starr Y Burton N Johnson,D N Stokes Y Cagle Y Johnson,E Y Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas.D Y Dean Y Langford N Thomas,N Y Egan Y Madden Y Thompson N Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver N Walker Y Gochenour Y Perdue On the adoption of the resolution, the yeas were 47, nays 9. The resolution, having received the requisite two-thirds constitutional majority, was adopted. The following resolutions were read and adopted: SR 520. By Senators Johnson of the 1st, Ray of the 48th and Perdue of the 18th: A resolution commending Mrs. Deen Day Smith. Senator Johnson of the 1st introduced Mrs. Deen Day Smith, commended by SR 520, for being voted National Mother of the Year, who addressed the Senate briefly. SR 518. By Senators Dean of the 31st, Perdue of the 18th, Tysinger of the 41st and others: A resolution commending Matt Kuchar. 94 JOURNAL OF THE SENATE Senator Perdue of the 18th introduced Matt Kuchar, commended by SR 518, who addressed the Senate briefly. Senator Price of the 56th introduced the doctor of the day, his wife, Dr. Elizabeth Clark, of Roswell, Georgia. The Calendar was resumed. SB 142. By Senators Broun of the 46th and Bowen of the 13th: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications of sheriffs; to require candidates for the office of sheriff to submit to drug tests; to repeal certain provisions relating to training requirements; to provide certain exemptions; to change provisions relating to how vacancies in the office of sheriff are filled. The Senate Committee on Public Safety offered the following substitute to SB 142: A BILL To be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications of sheriffs; to repeal certain provisions relating to training requirements; to provide certain exemptions; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, is amended by striking Code Section 15-16-1, relating to qualifications of sheriff and training requirements, and inserting in lieu thereof a new Code Section 15-16-1 to read as follows: "15-16-1. (a)Intent. The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in this state and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this state, it is declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this state as law enforcement officers to combat crime. (b)General requirements. Except as otherwise provided in this Code section, sheriffs are elected, qualified, commissioned, hold their offices for the same term, and are subject to the same disabilities as the clerks of the superior courts. (c)Qualifications. (1) No person shall be eligible to hold the office of sheriff unless such person at the time of qualification for said office: (A) Is a citizen of the United States; MONDAY, JANUARY 26, 1998 95 (B) Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of llin election fiii sheriff qualifying for election to the office; (C) Is a registered voter; (D) Has attained the age of at least 25 years prior to the date of his or her qualifying for election to the office; (E) Has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a cuiivicliun uf homicide b> vehicle wliicli uuuuumal piiui tu J clii U8ity i.} J.y(jtjj taiiu WlliCii ulu ilu L lii'V ul v ^ tile (Jlteiiist; Ol uiivmg t lilOtui' V^lllCltJ U.11 u.til tll& lllll Lj.cilCc OI dlOOliOl 01" ui'tl^S Sild.ll HOt Dfi COiiSlu.ci.ciJ St CuiJ.ViCLiO.ii llllucl" Lllis SuO^dici.ji aijli il riuCli lAiiiviuLcu jpei'suii lias icCcivcu ti ij ciiiu Xiaiiiuig iJuuiiOil sliftll liiai^c cvci^/ cllui L 96 JOURNAL OF THE SENATE IAI ens me LliuL ct^icicc ia LGI evl ^jGaiA? uliii;t;i o IAJ uLLciiu Llic i*u ui at? tits ouvjii aS ^juooiUlc 3TCGT SLiv^ S LctlVC ulllUC. Ollull Cu UllUll Cllldll 11LI Lll^ LllC X^I^J1 Upl luLc J UllgC OT LllC ^ i L wliclievGi ei licwly clcuLcil olicilll vVliu ie> lluL CclLillcu Iciilb Lu LjcCuiilc Co ulliCcl puisuciiiL Lu Llic iciiuiiciiiciiLo \j[ tliib suu (2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time such person qualifies: (A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) Swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she has; meets, ui will meet by tlnj dale uf the eleeliuii all of the qualifications required by this subsection and that he or she has complied with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff. (3) Each person offering to run for the office of sheriff and who is otherwise qualified shall be allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course. (U-JJ-l'dllilll^ OC Ci B1Uli . -L X U111 CHJ.lI Cll tt;i U 111 U.U~^ TJ lytjUj CVCl'y Iltwly dcuLcCl olid 111 111 111E) OT ilei" In sL tcliu Si I till DG i ci(^u_i.icu, tCnliOiilplt;Lc Si tlaiiilll^ bcSSiOH Ol HO l^ibS UlcUlr'iGLU.' wccJtS, Lu uc Cuiiu U.C Lt ii by &l~iy cWiflttciiiy Otil Lilitiu. u_y tl!6 vrcOi ^ia ick.C0"~wIIlCcil ot.fl.H~ u.cii'u.S emu. J-ifliiiill^ ^JuLiilCll ciiiu. ETS lilfeiy DG ritiltiutcu. tjy Llle LTCUI ^it yilciilio AriSuuict" L1OH. i lilts Li'ctniiii^ Sliali LJC tjOliiplcL^iJ. U.LU ili^ tlic In &L C&lc?iiu.ti ^ t;cii Ot Llit; ill SL Lei ill uf the newly nleulnd blieiiffh tmm uf ufflut!. Any newly ulueleJ sheriff who is uiiablu tu ciLLcinJ LliiS Ll'ciiiiiii^ COiii'rit; Wlltiii ullcieLi L)tii;ciLiric 01 ilicuiCcil CllS3.tjility OT pi1u V n-lcii Llctl CilLlSti fell ell 1^ \VitlllIl OH6 y6fl.r IJt'OIH tlie ClCi VIce Li ciiiiij.ig icqui unuei LliiB jJe oclutiuii. X lie |ji tjUatt? j uugc < -ftre L;UUnty-oi4Jre ,idFilue filial! CL^J ' JJU1I a *" wiiu inccLo Lilt? L| ualiiiuat Tshei ill pursuant tu th to- UUC BeL/tiLIll e-flie- uutico euiu icBpuiiBiL/ili Lu!s-of Hrrr-nffh nrh ffXd)Exemption. The requirements of subparagraphs (c)(l)(D), (c)(l)(E), (c)(l)(H), and (c)(l)(J) of this Code section and Hie lequiremmits uf bubsuctiuu (d) uf tin's Code sectron shall be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this state for a period of two years." SECTION 2. Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions under the "Georgia Peace Officer Standards and Training Act," is amended by striking paragraph (8) and inserting in lieu thereof a new paragraph (8) to read as follows: "(8) 'Peace officer' means, for purposes of this chapter only: (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime; (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Children and Youth Services who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and (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, county correctional institutions, and county probation systems? Sheriffs who hold elective office and law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Guhl of the 45th offered the following amendment: Amend the committee substitute to SB 142 by deleting on pg 3 beginning on line 20 following the word "sheriff thru the word school on line 23 which then will read "election to the office of sheriff and who meets all other 98 JOURNAL OF THE SENATE By deleting on pg 4 beginning on line 31 following the word "months" thru the word "expense" on line 32 which then will read "six months following his/her election to attend Senator Guhl of the 45th asked unanimous consent that his amendment be withdrawn. The consent was granted and the amendment was withdrawn. Senator Cheeks of the 23rd offered the following amendment: Amend the committee substitute to SB 142 by striking from lines 8 and 9 of page 2 the following: "at the time of qualification for said office". By striking all of subparagraph (J), beginning on line 13 of page 3 and ending on line 9 of page 4, and inserting in lieu thereof the following: "(J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35. Any person who is not a registered or certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 at the first training course available after such person takes office; provided, however, that an extension of the time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military service, or other reasons deemed sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified or registered peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph." On the adoption of the amendment, Senator Perdue of the 18th called for the yeas and nays. The call was sustained, and the vote was as follows: Y Abernathy Y Balfour Y Blitch Y Boshears N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks N Clay Y Crotts N Dean Y Egan Y Fort N Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison N Henson N Hill Y Hooks Y Huggins Y James Y Johnson.D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden N Marable N Middleton N Oliver N Perdue Y Price.R Y Price,T N Ragan N Ralston Y Ray Y Roberts N Scott MONDAY, JANUARY 26, 1998 99 N Starr Y Stokes N Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker On the adoption of the amendment, the yeas were 39, nays 17, and the Cheeks amendment was adopted. On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour T Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins Y James Y Johnson,D Y Johnson.E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Y Perdue On the passage of the bill, the yeas were 54, nays 0. "f Price.R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Walker The bill, having received the requisite constitutional majority, was passed by substitute. SB 403. By Senator Land of the 16th: A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to motor vehicle instruction permits, graduated licensing, and related restrictions, so as to apply a driving record under a learner's permit previously issued by another state toward meeting eligibility requirements for a Class D driver's license. The Senate Committee on Public Safety offered the following amendment: Amend SB 403 by adding at the end of line 6 on page 1 the following: "provide an effective date; to". By striking line 27 on page 1 and inserting in lieu thereof the following: 100 JOURNAL OF THE SENATE "Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit issued by another state or the District of Columbia may apply his or her driving record under such". By redesignating Section 2 as Section 3. By inserting between lines 29 and 30 on page 2 the following: "SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.". Senator Land of the 16th offered the following amendment: Amend the AM 25 0184 amendment to SB 403 by inserting after "SB 403" on line 3 of page 1 "by inserting 'or driver's license' after 'permit' on line 4 of page 1; by inserting 'or driver's license' after 'permit' on lines 26, 28, and 30 of page 1; and". By inserting "or driver's license" after "permit" on line 10 of page 1. On the adoption of the Land amendment, the yeas were 41, nays 0, and the amendment was adopted. On the adoption of the committee amendment, the yeas were 45, 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: Y Abernathy Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James Y Burton Y Johnson,D Y Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue T On the passage of the bill, the yeas were 55, nays 0. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed as amended. SB 409. By Senators Walker of the 22nd, Dean of the 31st, Scott of the 36th and others: MONDAY, JANUARY 26, 1998 101 A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to compensation of crime victims, and Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the statewide probation system, so as to require a portion of probation supervision fees to be forwarded to the Georgia Crime Victims Emergency Fund; to provide an effective date. The Senate Committee on Corrections, Correctional Institutions & Property offered the following substitute to SB 409: A BILL To be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to compensation of crime victims, and Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to require a portion of probation supervision fees to be forwarded to the Georgia Crime Victims Emergency Fund; 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 compensation of crime victims, is amended by adding at the end of Code Section 17-15-13, relating to payments into Georgia Crime Victims Emergency Fund as a condition of probation, a new subsection (f) to read as follows: "(f) In every case where an individual is serving under active probation supervision and paying a supervision fee, $3.00 per month of any supervision fee collected by any entity authorized to collect such fees shall be paid into the Georgia Crime Victims Emergency Fund. This subsection shall apply to probationers supervised under either Code Section 42-8-20 or 42-8-100. The probation supervising entity shall collect and forward the $3.00 fee to the Georgia Crime Victims Compensation Board by the end of each month." SECTION 2. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by striking in its entirety subsection (d) of Code Section 42-8-34, relating to hearings and determinations, and inserting in lieu thereof a new subsection (d) to read as follows: "(d) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $20.00 $23.00 per each month under supervision. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, ex- 102 JOURNAL OF THE SENATE cept as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund." SECTION 3. This Act shall become effective on July 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 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Hooks Y Brown, 26th Huggins Y Brush Y James Y Burton Y Johnson,D Y Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 55, nays 0. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed by substitute. SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others: A RESOLUTION Proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; 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, Section II, Paragraph II of the Constitution is amended by inserting at the end thereof a new subparagraph (f) to read as follows: MONDAY, JANUARY 26, 1998 103 "(f) Except as provided in subparagraph (e), the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles, to commute penalties, to remove disabilities by law, and to remit any part of a sentence for any offense against the state after conviction shall be abolished for all persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by 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. Senators Clay of the 37th, Ralston of the 51st and Crotts of the 17th offered the following amendment: Amend SR 463 by striking lines 4 and 5 on page 1 and inserting in lieu thereof the following: "of certain specified crimes; to provide for submission of this". By striking lines 19 and 20 on page 1 and inserting in lieu thereof the following: "or after July 1, 1999, of any of the following crimes: (1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2; (8) Voluntary manslaughter, as defined in Code Section 16-5-2; (9) Aggravated assault, as defined in Code Section 16-5-21; (10) Aggravated battery, as defined in Code Section 16-5-24; (11) Robbery, as defined in Code Section 16-8-40; (12) Burglary, as defined in Code Section 16-7-1; (13) Possession with intent to distribute, manufacture, or sell controlled substances or marijuana, as defined in subsection (b) of Code Section 16-13-30; 104 JOURNAL OF THE SENATE (14) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine, as defined in Code Section 16-13-31; (15) Child molestation, as defined in subsection (a) of Code Section 16-6-4; or (16) Enticing a child for indecent purposes, as defined in Code Section 16-6-5.'" By striking lines 31 and 32 on page 1 and inserting in lieu thereof the following: "or after July 1, 1999, of certain specified crimes?" Senator Thompson of the 33rd asked that he be excused from voting on SR 463 pursuant to Rule 175. On the motion, the yeas were 41, nays 1; the motion prevailed, and Senator Thompson of the 33rd was excused. Senators Ralston of the 51st and Clay of the 37th offered the following amendment: Amend the Clay et al. floor amendment to SR 463 by striking the word "or" from line 35 of page 1. By striking line 2 of page 2 and inserting in lieu thereof the following: "in Code Section 16-6-5; or (17) Any crime which results in injury or death in the line of official duty of a law enforcement officer, firefighter, or emergency medical technician.'" On adoption of the amendment, the President ordered a roll call and the vote was as follows: N Abernathy Y Griffin Y Price,R Y Balfour Y Guhl Y Price.T Y Blitch N Harbison Y Ragan Y Boshears Y Henson Y Ralston Y Bowen N Hill Y Ray Y Broun, 46th N Hooks Y Roberts N Brown, 26th Y Huggins N Scott Y Brush N James N Starr Y Burton N Johnson,D N Stokes Y Cagle Y Johnson,E Y Streat Y Cheeks N Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D N Dean Y Langford N Thomas,N N Egan Y Madden EX Thompson N Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton N Oliver N Walker Y Gochenour N Perdue On the adoption of the amendment, the yeas were 37, nays 18, and the Ralston, Clay amendment to the Clay, et al. amendment was adopted. On the adoption of the amendment as amended, the President ordered a roll call, and the vote was as follows: N Abernathy Y Balfour N Blitch Y Boshears N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton MONDAY, JANUARY 26, 1998 105 Y Cagle N Huggins Y Ralston Cheeks N James Y Ray Y Clay N Johnson,D Y Roberts Y Crotts Y Johnson,E N Scott N Dean N Kemp N Starr N Egan Y Lamutt N Stokes N Fort N Land N Streat N Gillis N Langford Y Tanksley Y Glanton Y Madden N Taylor Y Gochenour N Marable Y Thomas,D N Griffin N Middleton N Thomas,N Y Guhl N Oliver EX Thompson N Harbison N Perdue N Turner N Henson Y Price,R Y Tysinger N Hill Y Price.T N Walker N Hooks N Ragan On the adoption of the amendment, the yeas were 21, nays 33, and the Clay, et al. amendment was lost. Senator Langford of the 29th offered the following amendment: Amend SR 463 by striking the word "abolish" where it appears on line 1 of page 1 and on line 28 of page 1 and inserting in lieu thereof the following: "provide that the General Assembly may abolish or limit". By striking all matter on lines 13 through 20 of page 1 and inserting in lieu thereof the following: "(f) Except as provided in subparagraph (e), the General Assembly may abolish or limit the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles, to commute penalties, to remove disabilities by law, and to remit any part of a sentence for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly." Senator Langford of the 29th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Langford amendment was withdrawn. Senators Perdue of the 18th, Dean of the 31st and Walker of the 22nd offered the following substitute to SR 463: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes to be denned by the General Assembly; 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, Section II, Paragraph II of the Constitution is amended by inserting at the end thereof a new subparagraph (f) to read as follows: 106 JOURNAL OF THE SENATE "(f) Except as provided in subparagraph (e), the General Assembly shall abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles, to commute penalties, to remove disabilities by law, or to remit any part of a sentence for all persons convicted on or after July 1, 1999, of crimes to be denned by the General Assembly." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the General Assembly shall abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes to be denned by 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. Senators Land of the 16th and Crotts of the 17th offered the following amendment: Amend SR 463 floor substitute by adding on line 32 of page 1 between the word "Assembly" and the question mark the following: ", which abolishment of parole is estimated to cost the taxpayers of Georgia up to $6,000,000,000.00 (Six Billion Dollars) in additional state spending over the next ten years or which abolishment will require the General Assembly to completely rewrite Georgia's sentencing laws, likely resulting in shorter sentences for many convicted criminals, narrow sentencing guidelines which allow for minimal judicial and prosecutorial discretion in sentencing, and allowing for some convicted criminals who currently serve time in prison to serve their time through probation supervision in the community". On the adoption of the amendment, the President ordered a roll call and the vote was as follows: Y Abernathy Y Balfour N Blitch Y Boshears N Bowen N Broun, 46th Y Brown, 26th Y Brush Y Burton N Cagle N Cheeks Y Clay Y Crotts N Dean Y Egan N Fort N Gillis Y Glanton Y Gochenour N Griffin Y Guhl N Harbison N Henson N Hill N Hooks N Huggins N James N Johnson,D N Johnson.E N Kemp N Lamutt Y Land N Langford N Madden N Marable N Middleton MONDAY, JANUARY 26, 1998 107 N Oliver Y Roberts Y Thomas,D N Perdue N Scott N Thomas,N Y Price,R N Starr EX Thompson Y Price,T N Stokes N Turner N Ragan N Streat Y Tysinger Y Ralston Y Tanksley N Walker N Ray N Taylor On the adoption of the amendment, the yeas were 20, nays 35, and the Land, Crotts amendment to the floor substitute was lost. Senators Clay of the 37th, Ralston of the 51st and Crotts of the 17th offered the following amendment: Amend the floor substitute to SR 463 by striking lines 4 and 5 on page 1 and inserting in lieu thereof the following: "of certain specified crimes; to provide for submission of this". By striking lines 19 and 20 on page 1 and inserting in lieu thereof the following: "or after July 1, 1999, of any of the following crimes: (1) Murder or felony murder, as defined in Code Section 16-5-1; (2) Armed robbery, as defined in Code Section 16-8-41; (3) Kidnapping, as defined in Code Section 16-5-40; (4) Rape, as defined in Code Section 16-6-1; (5) Aggravated child molestation, as defined in Code Section 16-6-4; (6) Aggravated sodomy, as defined in Code Section 16-6-2; (7) Aggravated sexual battery, as defined in Code Section 16-6-22.2; (8) Voluntary manslaughter, as defined in Code Section 16-5-2; (9) Aggravated assault, as defined in Code Section 16-5-21; (10) Aggravated battery, as defined in Code Section 16-5-24; (11) Robbery, as defined in Code Section 16-8-40; (12) Burglary, as defined in Code Section 16-7-1; (13) Possession with intent to distribute, manufacture, or sell controlled substances or marijuana, as defined in subsection (b) of Code Section 16-13-30; (14) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine, as defined in Code Section 16-13-31; (15) Child molestation, as defined in subsection (a) of Code Section 16-6-4; or (16) Enticing a child for indecent purposes, as defined in Code Section 16-6-5.'" By striking lines 31 and 32 on page 1 and inserting in lieu thereof the following: "or after July 1, 1999, of certain specified crimes?'" On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Abernathy Y Balfour N Blitch Y Boshears N Bowen N Broun, 46th N Brown, 26th Y Brush Y Burton 108 JOURNAL OF THE SENATE Y Cagle N Huggins Y Ralston N Cheeks N James Y Ray Y Clay N Johnson,D Y Roberts Y Crotts Y Johnson,E N Scott N Dean N Kemp N Starr N Egan Y Lamutt N Stokes N Fort N Land N Streat N Gillis Y Langford Y Tanksley Y Glanton Y Madden N Taylor Y Gochenour N Marable Y Thomas.D N Griffin N Middleton N Thomas,N Y Guhl N Oliver EX Thompson N Harbison N Perdue N Turner N Henson Y Price,R Y Tysinger N Hill Y Price.T N Walker N Hooks N Ragan On the adoption of the amendment, the yeas were 22, nays 33, and the Clay et al. amendment to the floor substitute was lost, On the adoption of the floor substitute, the President ordered a roll call, and the vote was as follows: N Abernathy Y Griffin N Price,R N Balfour Y Guhl N Price,T Y Blitch Y Harbison Y Ragan N Boshears Y Henson N Ralston Y Bowen Y Hill N Ray Y Broun, 46th Y Hooks N Roberts N Brown, 26th Y Huggins Y Scott N Brush N James Y Starr N Burton N Johnson,D N Stokes N Cagle N Johnson.E Y Streat Y Cheeks Y Kemp N Tanksley N Clay N Lamutt Y Taylor N Crotts N Land N Thomas,D Y Dean Y Langford N Thomas,N N Egan Y Madden Y Thompson N Fort Y Marable Y Turner Y Gillis Y Middleton N Tysinger N Glanton Y Oliver Y Walker N Gochenour Y Perdue On the adoption of the floor substitute, the yeas were 28, nays 28, and the Perdue, et al. substitute was lost. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: N Abernathy Y Balfour N Blitch N Boshears Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton MONDAY, JANUARY 26, 1998 109 Y Cagle Y Huggins Y Ralston Y Cheeks N James Y Ray Y Clay N Johnson.D Y Roberts N Crotts Y Johnson,E Y Scott Y Dean Y Kemp Y Starr N Egan Y Lamutt N Stokes N Fort N Land Y Streat Y Gillis Y Langford Y Tanksley N Glanton Y Madden Y Taylor Y Gochenour Y Marable Y Thomas.D N Griffin Y Middleton N Thomas,N Y Guhl Y Oliver Y Thompson N Harbison Y Perdue Y Turner Y Henson Y Price,R N Tysinger Y Hill Y Price.T Y Walker Y Hooks Y Ragan On the adoption of the resolution, the yeas were 40, nays 16. The resolution, having received the requisite two-thirds constitutional majority, was adopted. SR 477. By Senators Walker of the 22nd, Perdue of the 18th, Stokes of the 43rd and others: A resolution creating the Bipartisan Joint Commission on Parole Abolition and Sentencing Reform. Senators Walker of the 22nd and Marable of the 52nd offered the following amendment: Amend SR 477 by striking from lines 1 and 2 on page 1 the following: "Parole Abolition and". By striking from line 14 on page 1 the following: "following the abolition of parole". By striking from line 21 on page 1 the following: "Parole Abolition and". By striking from lines 7 and 8 on page 2 the following: "the abolition of parole and". By striking from line 16 on page 2 the following: "abolishing parole and". On the adoption of the amendment, the yeas were 35, nays 0, and the Walker, Marable 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: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan 110 JOURNAL OF THE SENATE Y Fort Y Kemp Y Roberts Y Gillis Y Lamutt Scott Y Glanton Y Land Y Starr Y Gochenour Y Langford Y Stokes Y Griffin Y Madden Y Streat Y Guhl Y Marable Y Tanksley Y Harbison Y Middleton Y Taylor Y Henson Y Oliver Y Thomas,D Y Hill Y Perdue Y Thomas,N Y Hooks Y Price,R Y Thompson Y Huggins Y Price,T Y Turner Y James Y Ragan Y Tysinger Y Johnson,D Y Ralston Y Walker Y Johnson,E Y Ray On the adoption of the resolution, the yeas were 55, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 2:43 P.M., the President announced the Senate adjourned. TUESDAY, JANUARY 27, 1998 111 Senate Chamber, Atlanta, Georgia Tuesday, January 27, 1998 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 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: HB 1278. By Representatives Scott of the 165th and Hudson of the 156th: A bill to amend an Act amending an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide a date for a referendum. HB 1279. By Representatives Scott of the 165th and Hudson of the 156th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to change the terms of office of certain council districts. HB 943. By Representative Cummings of the 27th: A bill to amend Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the Regents Retirement Plan, so as to provide that the Teachers Retirement System of Georgia shall not pay a benefit based upon service rendered by a member of the Regents Retirement Plan. HB 944. By Representative Cummings of the 27th: A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement benefits, employee contributions, and related matters relative to members of the Employees' Retirement System of Georgia who became members on or after July 1, 1982, so as to provide that membership service may include certain prior service as a member of such retirement system. HB 937. By Representatives Floyd of the 138th and Walker of the 141st: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by superior court judges, district attorneys, and related matters, so as to provide that employees of district attorneys shall be members of such retirement system. HB 458. By Representatives Hecht of the 97th, Polak of the 67th, Hugley of the 133rd and others: A bill to amend Article 1 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to official oaths, so as to conform the provisions relating to oaths of office contained in Code Section 45-3-1 to the qualifications for 112 JOURNAL OF THE SENATE holding public office regarding the holding of unaccounted for public money due the state or its political subdivisions. The following bills were introduced, read the first time and referred to committees: SB 483. By Senator Broun of the 46th: A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, as amended, so as to change the supplementary compensation for the judges of the superior courts of the Western Judicial Circuit by the governing authority of the Unified Government of Athens-Clarke County and the governing authority of Oconee County. Referred to Committee on State and Local Governmental Operations. SB 484. By Senators Gillis of the 20th, Huggins of the 53rd, Egan of the 40th and others: A bill to amend Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to change a certain date applicable to criminal enforcement of regulations; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic sites, and recreational areas, so as to provide that persons may not enter areas requiring permits without such a permit. Referred to Committee on Natural Resources. SB 485. By Senators Gillis of the 20th, Huggins of the 53rd, Bowen of the 13th and others: A bill to amend Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to the county officers' and employees' health plans, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date. Referred to Committee on State and Local Governmental Operations (General). SB 486. By Senators Gillis of the 20th, Huggins of the 53rd, Egan of the 40th and others: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to provide for the imposition of civil penalties upon public water systems serving fewer than 10,000 persons, respectively, for certain violations and for the negligent or intentional failure or refusal to comply with final orders issued by the director of the Environmental Protection Division of the Department of Natural Resources. Referred to Committee on Natural Resources. SB 487. By Senators Dean of the 31st and Marable of the 52nd: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for issuance of special "Give Children A Chance" license plates to benefit the Court Appointed Special Advocates (CASA) program for abused and neglected children; to provide for the design of such license plates; to provide for license fees. TUESDAY, JANUARY 27, 1998 113 Referred to Committee on Transportation. SB 488. By Senator Tysinger of the 41st: A bill to amend Code Section 44-7-55 of the Official Code of Georgia Annotated, relating to writ of possession after trial in dispossessory proceedings, so as to change the time when that writ becomes effective. Referred to Committee on Special Judiciary. SB 489. By Senators Land of the 16th and Harbison of the 15th: A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change certain provisions relating to a previous constitutional exemption from ad valorem taxation for disabled veterans continued in effect as statutory law; to provide for a special election; to provide for effective dates. Referred to Committee on Finance and Public Utilities. SB 490. By Senators Thomas of the 10th, Griffin of the 25th, Johnson of the 2nd and others: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require health insurers to provide coverage for the treatment of morbid obesity when medically indicated; to provide for a short title; to provide for legislative findings; to provide definitions; to provide for the issuance of rules and regulations by the Commissioner of Insurance. Referred to Committee on Insurance and Labor. SB 491. By Senators Clay of the 37th, Tanksley of the 32nd and Lamutt of the 21st: A bill to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the organization of schools and school systems, so as to authorize the State Board of Education to waive certain requirements relating to middle school grants for a limited period of time; to provide for an effective date. Referred to Committee on Education. SB 492. By Senator Price of the 56th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to motor vehicle instruction permits, graduated licensing, and related restrictions; to provide an effective date. Referred to Committee on Public Safety. SB 493. By Senator Price of the 56th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to motor vehicle instruction permits, graduated licensing, and related restrictions; to provide an effective date. Referred to Committee on Public Safety. SB 494. By Senator Price of the 56th: 114 JOURNAL OF THE SENATE A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that offenders convicted of a felony shall not be eligible for consideration for parole or other early release for a specified time period; to provide a definition; to provide an effective date. Referred to Committee on Corrections, Correctional Institutions & Property. SB 495. By Senator Price of the 56th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to limited driving permits for certain offenders; to provide an effective date. Referred to Committee on Public Safety. SB 496. By Senators Hooks of the 14th, Clay of the 37th, Walker of the 22nd and others: A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to create the Land, Water, and Wildlife Heritage Fund; to provide for definitions; to provide for the administration of the heritage fund; to provide for authorized expenditures from the heritage fund; to provide for the funding of the heritage fund by an increase in the real estate transfer tax. Referred to Committee on Natural Resources. SB 497. By Senators Lamutt of the 21st, Clay of the 37th, Tanksley of the 32nd and others: A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to ethics in government, so as to regulate political contributions and expenditures by labor organizations and separate segregated funds thereof; to amend Article 2 of Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to membership in labor organizations, so as to regulate certain political contributions. Referred to Committee on State and Local Governmental Operations (General). SB 498. By Senators Clay of the 37th and Tanksley of the 32nd: A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, so as to provide for increased penalties for failure to register; to provide for related matters; to provide for an effective date. Referred to Committee on Judiciary. SB 499. By Senators Clay of the 37th, Price of the 56th and Marable of the 52nd: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the "Georgia School Workforce Preparation Program"; to provide for staffing and construction needs for technology programs designed to help Georgia high school students be prepared for technology related jobs; to provide for related matters; to provide for an effective date and applicability. Referred to Committee on Education. TUESDAY, JANUARY 27, 1998 115 SB 500. By Senators Streat of the 19th, Ragan of the llth, Middleton of the 50th 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 provide for the licensing of the retail sale of fresh or frozen seafood, meat, or poultry from a mobile vehicle; to provide for definitions; to provide for licenses and the issuance and revocation thereof. Referred to Committee on Consumer Affairs. SB 501. By Senators Clay of the 37th, Lamutt of the 21st and Tanksley of the 32nd: A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for related matters; to provide for an effective date. Referred to Committee on State and Local Governmental Operations. SB 502. By Senator Cagle of the 49th: A bill to provide for an alternative 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 among the Hall County School District, City of Gainesville Independent School District, and the City of Buford Independent School District. Referred to Committee on State and Local Governmental Operations. SB 503. By Senators Hill of the 4th, Perdue of the 18th, Henson of the 55th and Marable of the 52nd: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to motor vehicle instruction permits, graduated licensing, and related restrictions; to change certain provisions relating to limited driving permits for certain offenders; to provide an effective date. Referred to Committee on Public Safety. SB 504. By Senators James of the 35th, Johnson of the 2nd, Johnson of the 1st and Fort of the 39th: A bill to amend Code Section 40-6-52 of the Official Code of Georgia Annotated, relating to trucks using multilane highways, so as to provide that on three-lane roads, streets, or highways trucks shall operate only in the most right-hand lane. Referred to Committee on Transportation. SB 505. By Senators James of the 35th, Johnson of the 2nd and Fort of the 39th: A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, so as to provide for maximum speed limits for certain trucks; to define the term "truck". Referred to Committee on Transportation. SB 506. By Senator Egan of the 40th: 116 JOURNAL OF THE SENATE A bill to amend an Act requiring the tax commissioner of Fulton County to receive tax returns for the City of Atlanta and setting the date for payment of taxes, as amended, so as to institute one payment date for taxes due to the City of Atlanta, the State of Georgia, and Fulton County. Referred to Committee on State and Local Governmental Operations. SB 507. By Senators Abernathy of the 38th, Stokes of the 43rd, Walker of the 22nd and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to prohibit discrimination based on postal ZIP Code; to change certain provisions relating to standards applicable to making and use of rates. Referred to Committee on Insurance and Labor. SR 523. By Senators Clay of the 37th, Johnson of the 1st and Streat of the 19th: A resolution creating the Senate Study Committee on Decentralizing State Government. Referred to Committee on Rules. SR 525. By Senators Price of the 56th and Thomas of the 54th: A resolution supporting Private Market Initiatives for Children's Health Insurance Programs. Referred to Committee on Rules. SR 527. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution authorizing the conveyance of certain state owned or claimed real property located in Chatham County, Georgia, to Theodore I. Jockisch and the acceptance of certain real property owned or claimed by Theodore I. Jockisch in consideration therefor. Referred to Committee on Finance and Public Utilities. SR 529. By Senators Starr of the 44th, Thomas of the 10th, Taylor of the 12th and Perdue of the 18th: A resolution proposing an amendment to the Constitution so as to specify the educational purposes and programs for which lottery proceeds may be appropriated and expended; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Economic Development, Tourism and Cultural Affairs. SR 530. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of a railroad crew parking area, deep water dock, radio, telecommunications, electrical, water, sanitary sewer, roads, and access road facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bibb, Chatham, Clarke, DeKalb, Dougherty, McDuffie, Muscogee, Richmond, and Union Counties, Georgia. Referred to Committee on Finance and Public Utilities. TUESDAY, JANUARY 27, 1998 117 SR 532. By Senators Hooks of the 14th, Clay of the 37th, Walker of the 22nd and others: A resolution proposing an amendment to the Constitution so as to require the General Assembly to provide by law for the creation of a Land, Water, and Wildlife Heritage Fund from which funds shall be disbursed for the purpose of acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats; to provide for payments into the fund; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Natural Resources. SR 533. By Senator Langford of the 29th: A resolution proposing an amendment to the Constitution so as to require the General Assembly to provide by general law for the prorata distribution of any unappropriated surplus in the state treasury to the taxpayers of the state under certain conditions; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. SR 535. By Senators Scott of the 36th and Walker of the 22nd: A resolution amending the Rules of the Senate. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 458. By Representatives Hecht of the 97th, Polak of the 67th, Hugley of the 133rd and others: A bill to amend Article 1 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to official oaths, so as to conform the provisions relating to oaths of office contained in Code Section 45-3-1 to the qualifications for holding public office regarding the holding of unaccounted for public money due the state or its political subdivisions. Referred to Committee on State and Local Governmental Operations (General). HB 937. By Representatives Floyd of the 138th and Walker of the 141st: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by superior court judges, district attorneys, and related matters, so as to provide that employees of district attorneys shall be members of such retirement system. Referred to Committee on Retirement. HB 943. By Representative Cummings of the 27th: A bill to amend Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the Regents Retirement Plan, so as to provide that the Teachers Retirement System of Georgia shall not pay a benefit based upon service rendered by a member of the Regents Retirement Plan. Referred to Committee on Retirement. 118 JOURNAL OF THE SENATE HB 944. By Representative Cummings of the 27th: A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement benefits, employee contributions, and related matters relative to members of the Employees' Retirement System of Georgia who became members on or after July 1, 1982, so as to provide that membership service may include certain prior service as a member of such retirement system. Referred to Committee on Retirement. HB 1278. By Representatives Scott of the 165th and Hudson of the 156th: A bill to amend an Act amending an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide a date for a referendum. Referred to Committee on State and Local Governmental Operations. HB 1279. By Representatives Scott of the 165th and Hudson of the 156th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to change the terms of office of certain council districts. Referred to Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Education has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 404. Do pass. SR 467. Do pass. Respectfully submitted, Mr. President: Senator Marable of the 52nd District, Chairman The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 436. Do pass. SB 444. Do pass by substitute. Respectfully submitted, Mr. President: Senator Oliver of the 42nd District, Chairman The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 402. Do pass. Respectfully submitted, Mr. President: Senator Egan of the 40th District, Chairman The Committee on State and Local Governmental Operations 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 1181. Do pass. TUESDAY, JANUARY 27, 1998 119 Respectfully submitted, Senator Thomas of the 10th District, Chairman The President called for the morning roll call, and the following Senators answered to their names: Balfour Griffin Blitch Guhl Boshears Harbison Bowen Henson Broun, 46th Hill Brown, 26th Hooks Brush Huggins Burton James Cagle Johnson.D Cheeks Johnson.E Clay Lamutt Crotts Land Dean Langford Egan Madden Fort Marable Gillis Middleton Glanton Oliver Gochenour Perdue Those not answering were: Price.R Price.T Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas,D Thomas,N Turner Tysinger Walker Abernathy Kemp Thompson The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Tysinger of the 41st introduced the chaplain of the day, Dr. Chris Price, pastor of St. Luke's Presbyterian Church, Dunwoody, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 522. By Senator Kemp of the 3rd: A resolution recognizing and commending the Reverend Griffin Lotson. SR 524. By Senators Harbison of the 15th and Land of the 16th: A resolution commending Henry Byrd, the winner of the 1997 Georgia Occupational Award of Leadership. SR 526. By Senator Price of the 56th: A resolution honoring the Atlanta Athletic Club. SR 528. By Senator Ralston of the 51st: A resolution to commend Byron Dobbs for his long and very distinguished career in radio broadcasting. SR 531. By Senators Thompson of the 33rd and Tanksley of the 32nd: A resolution expressing regret at the passing of William E. "Bill" Bullard. SR 536. By Senators James of the 35th, Fort of the 39th and Abernathy of the 38th: 120 JOURNAL OF THE SENATE A resolution recognizing South Fulton County Legislative Day at the Capitol on February 10, 1998. SR 537. By Senators James of the 35th, Fort of the 39th and Abernathy of the 38th: A resolution commending the Georgia Outreach Parent Training Network and observing Monday, February 9, 1998, as Georgia Outreach Parent Training Network Day. SR 538. By Senators Taylor of the 12th, Hooks of the 14th, Turner of the 8th and others: A resolution commending Ludlow Porch. SR 540. By Senators Turner of the 8th, Bowen of the 13th, Ragan of the llth and others: A resolution commending Rhett Akins. Senator Brush of the 24th moved that the following bill be withdrawn from the Committee on Finance and Public Utilities and committed to the Committee on Transportation: SB 471. By Senators Brush of the 24th and Thompson of the 33rd: A bill to amend Code Section 40-2-77 of the Official Code of Georgia Annotated, relating to special license plates for antique or hobby or special interest vehicles, so as to change the authorized dimensions of such special license plates. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 471 was committed to the Committee on Transportation. Senator Balfour of the 9th introduced the doctor of the day, Dr. Larry Anderson, Lawrenceville, Georgia. The following local, uncontested bill of the House, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday, January 27, 1998 SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1181 Langford, 29th MERIWETHER COUNTY A bill to amend an Act reconstituting the Meriwether County Board of Education, so as to provide a per diem allowance for the members of such board. The report of the committee, which was favorable to the passage of the bill as reported, was agreed to. On the passage of the bill on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Abernathy Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th TUESDAY, JANUARY 27, 1998 121 Y Brown, 26th ffill Y Brush Y Hooks Y Y Burton Y Huggins Y Y Cagle Y James Y Cheeks Y Johnson.D Y Y Clay Y Johnson.E Y Y Crotts Y Kemp Y Y Dean Egan Y Lamutt Y Y Land Y Fort Y Langford Y Y Gillis Y Madden Y Y Glanton Y Marable Y Gochenour Y Middleton Y Y Griffin Y Oliver Y Y Guhl Y Perdue Y Y Harbison Y Price,R Henson Price.T On the passage of the local bill, the yeas were 45, nays 0. Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas.D Thomas,N Thompson Turner Tysinger Walker The bill on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE CALENDAR Tuesday, January 27, 1998 SEVENTH LEGISLATIVE DAY HB 95 Public Service Commission; election; amend provisions (F&PU-14th) Coleman-142nd SB 419 Ad Valorem Taxation-exempt dairy cattle (F&PU-25th) SB 433 Electronic Records and Signatures Act and Information Technology Policy Act-change provisions (ST&I-41st) HB 1162 Income Tax; certain exemptions and deductions; amend provisions (F&PU-18th) Walker-141st The following general bills were read the third time and put upon their passage: 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 Commission, 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. Senate Sponsor: Senator Hooks of the 14th. Senator Hooks of the 14th asked unanimous consent that HB 95 be dropped to the bottom of the Calendar. The consent was granted. 122 JOURNAL OF THE SENATE SB 419. By Senators Griffin of the 25th, Ragan of the llth, Bowen of the 13th and others: A bill to amend Code Section 48-5-51 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption from ad valorem taxation for dairy cattle; to provide for definitions, conditions, and limitations; to provide for applicability; to provide for effective dates; to provide for a referendum. Senator Griffin of the 25th asked unanimous consent that SB 419 be dropped to the bottom of the Calendar. The consent was granted. SB 433. By Senators Tysinger of the 41st, Lamutt of the 21st and Oliver of the 42nd: A bill to amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to change the provisions regarding accepting or agreeing to be bound by certain electronic records; to retain sovereign immunity; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995." The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Abernathy Y Griffin Y Price,R Y Balfour Y Guhl Y Price.T Y Blitch Y Harbison Y Ragan Y Boshears Y Henson Y Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Roberts Brown, 26th Y Hugging Y Scott Y Brush Y James Y Starr Y Burton Y Johnson.D Y Stokes Y Cagle Y Johnson,E Y Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Y Egan Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Walker Y Gochenour Y Perdue On the passage of the bill, the yeas were 51, nays 0. The bill , having received the req- uisite constitutional majority, was passed. HB 1162. By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to increase the amount of taxpayer and dependent exemptions with respect to Georgia taxable net income; to increase the amount of the deduction in lieu of a personal exemption with respect to es- TUESDAY, JANUARY 27, 1998 123 tates or trusts; to increase the amount of deductions that may be taken by taxpayers who have reached age 65 or are blind. Senate Sponsor: Senator Perdue of the 18th. Senator Clay of the 37th offered the following amendment: Amend HB 1162 by inserting after the word and symbol "allowances;" on line 12 of page 1 the following: "to provide for an income tax credit for certain motor vehicle ad valorem taxes; to provide for restrictions and limitations;". By inserting between lines 14 and 15 on page 3 the following: "Said chapter is further amended by striking Code Section 48-7-42 which reads as follows: '48-7-42. Reserved.', and inserting in lieu thereof a new Code Section 48-7-42 to read as follows: '48-7-42. (a) As limited by subsections (b) and (c) of this Code section, a person as defined in paragraph (18) of Code Section 48-1-2 who is a taxpayer who files an income tax return shall be allowed a credit against the tax imposed under Code Section 48-7-20 or 48-7-21 in an amount equal to the amount of motor vehicle ad valorem taxes paid by that person or that person's spouse or dependents on each motor vehicle owned by that person or that person's spouse or dependents and used for personal or family purposes in the year for which the tax return is filed. (b) The tax credit claimed pursuant to subsection (a) of this Code section for any taxable year shall not exceed the tax liability for that taxpayer computed without regard to this Code section.' SECTION 4." By striking from line 7 on page 4 the following: "SECTION 4.", and inserting in lieu thereof the following: "SECTION 5." By striking from line 11 on page 4 the following: "1998", and inserting in lieu thereof the following: "1999". By striking from line 12 on page 4 the following: "SECTION 5", and inserting in lieu thereof the following: "SECTION 6". On the adoption of the amendment, the President ordered a roll call and the vote was as follows: 124 JOURNAL OF THE SENATE Abernathy Y Balfour N Blitch N Griffin Y Guhl N Harbison Y Price,R Y Price.T N Ragan Y Boshears N Henson Y Ralston Bowen N Broun, 46th N Brown, 26th N Hill N Hooks N Huggins Y Ray Y Roberts N Scott Y Brush N James N Starr Y Burton Y Cagle N Cheeks Johnson.D Y Johnson,E N Kemp N Stokes N Streat Y Tanksley Y Clay Y Lamutt Taylor Y Crotts N Dean Y Egan N Fort N Gillis Y Land N Langford N Madden N Marable N Middleton Y Thomas.D N Thomas,N N Thompson N Turner N Tysinger Y Glanton Y Gochenour N Oliver N Perdue N Walker On the adoption of the amendment, the yeas were 21, nays 31, and the Clay amendment (AM 24 0137) was lost. Senators Clay of the 37th and Johnson of the 1st offered the following amendment: Amend HB 1162 by striking from lines 12 through 14 of page 1 the following: "to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.", and inserting in its place the following: "to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation, so as to repeal certain provisions regarding the manner and time of making the state ad valorem tax levy; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes." By striking in their entirety Sections 4 and 5 on page 4 and inserting in their place the following: "SECTION 4. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation, is amended by striking Code Section 48-5-8, relating to the manner and time of making the state ad valorem tax levy, and inserting in its place a new Code Section 48-5-8 to read as follows: '48-5-8. J.11& levy lor ilS (juvtsi'Hui1 Witli tlie ciSaiC) liiiJ.Cc; Ol tl! i; uiiliiu cs luiic i'. cuLj ix.s suOii ciX COllcCLOi ciiiu. LiAA COUHtllSSlOlici Vvi'lLlcii Oi glinted nutiOcti ul tlic Quvemui's uidei Reserved." SECTION 2. Said chapter is further amended in Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, by adding a new paragraph immediately following paragraph (10) of subsection; (a), to be designated paragraph (10.1), to read as follows: "(10.1) All dairy cattle in this state owned by and remaining in the hands of a milk producer. As used in this paragraph, the term: (A) 'Dairy cattle' means those bovine breeds, including dairy bulls, which are specifically bred and primarily used for the breeding of dairy cattle and the production of dairy products. Such term shall not include cull cows which are no longer capable of producing milk. (B) 'Milk producer' means any person, partnership, corporation, or other legal entity which operates a dairy farm and which produces dairy products or provides, sells, or offers for sale raw milk to a milk plant, receiving station, transfer station, or licensed facility;". SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 1998, general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date THURSDAY, JANUARY 29, 1998 153 thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which provides for an exemption from ad valorem taxes for dairy cattle owned by and remaining in the ( ) NO hands of milk producers?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 2 of this Act shall become of full force and effect on January 1, 1999, and shall apply to all taxable years beginning on or after such date. If Section 2 of this Act is not so approved or if the election is not conducted as provided in this section, Section 2 of this Act shall not become effective and Section 2 of this Act shall be automatically repealed on the first day of January immediately following that election date. SECTION 4. 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; provided, however, that Section 1 of this Act shall only become effective on January 1, 1999, upon the ratification of a resolution at the November, 1998, state-wide general election, which resolution amends the Constitution so as to eliminate the annual levy of state ad valorem taxes on tangible property. If such resolution is not so ratified, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 1999. SECTION 5. Except as provided in Sections 3 and 4 of this Act, 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 Clay of the 37th asked unanimous consent that his substitute be withdrawn. The consent was granted and the substitute was withdrawn. Senators Gochenour of the 27th, Gillis of the 20th, Cagle of the 49th, and Guhl of the 45th offered the following amendment: Amend SB 419 by substituting "livestock" for "dairy cattle" on page 1 line 4. By deleting on line 15 after "(10.1)" until line 29 and inserting "All livestock" By deleting "dairy cattle" on page 2 line 12 & 13 and inserting livestock. Delete on page 2 line 13 & 14 "owned by and remaining in the hands of milk producers?" and inserting "." On the adoption of the amendment, the yeas were 33 nays 0, and the Gochenour, et al. amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay 154 JOURNAL OF THE SENATE Y Crotts Y Johnson,D Y Dean N Johnson,E Y Egan Y Kemp Y Fort Y Lamutt Y Gillis Y Land Glanton Y Langford Y Gochenour Y Madden Y Griffin Y Marable Y Guhl Y Middleton Y Harbison Y Oliver Y Henson Perdue (PRS) Y Hill Y Price,R Y Hooks Y Price.T Y Huggins Y Ragan Y James Y Ralston On the passage of the bill, the yeas were 50, nays 2. Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas,D EX Thomas,N EX Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed as amended. Senator Stokes of the 43rd introduced a group from the DeKalb Library Group, commended by SR 546, adopted previously. The Calendar was resumed. SB 402. By Senator Egan of the 40th: A bill to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to comprehensively reorganize and rewrite Article 8, relating to investment securities; to provide a short title and definitions; to provide rules for determining whether certain obligations and interests are securities or financial assets; to provide for acquisition of a security or financial asset or interest therein. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins Y James Y Johnson,D Y Johnson,E Y Kemp Lamutt Y Land Langford Y Madden Y Marable Y Middleton Y Oliver Perdue (PRS) Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Tanksley Y Taylor Y Thomas,D THURSDAY, JANUARY 29, 1998 155 Y Thomas,N Y Tysinger EX Thompson Y Walker Y Turner On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 404. By Senators Middleton of the 50th, Madden of the 47th and Ralston of the 51st: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change the eligibility for and method of calculating the amount of state grants for joint after-school programs for at-risk students; to provide for related matters; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James Y Burton Y Johnson,D Y Cagle Y Johnson,E Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Perdue (PRS) On the passage of the bill, the yeas were 51, nays 0. Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N EX Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 436. By Senator Land of the 16th: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to coverage of claims against uninsured motorists, so as to change certain provisions relating to service of process upon insurance companies which issued uninsured motorist policies; to provide for applicability. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 156 JOURNAL OF THE SENATE Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James Y Burton Y Johnson.D Y Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Perdue (PRS) On the passage of the bill, the yeas were 52, nays 0. Y Price.R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N EX Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. Senator Thomas of the 10th introduced the doctor of the day, Dr. Charmain Martin Heard, Fairburn. The Calendar was resumed. SB 444. By Senators Oliver of the 42nd, Scott of the 36th, Stokes of the 43rd and Thomas of the 10th: A bill to amend Title 16 and Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to crimes and the uniform rules of the road, respectively, so as to provide for uniform enforcement of statutory provisions relative to conduct in public transit buses, rapid rail cars, and stations. The Senate Committee on Judiciary offered the following substitute to SB 444: A BILL To be entitled an Act to amend Title 16 and Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to crimes and the uniform rules of the road, respectively, so as to provide for uniform enforcement of statutory provisions relative to conduct in public transit buses, rapid rail cars, and stations; to prohibit conduct or attempted conduct in such buses, cars, and stations, including smoking, consuming tobacco, consuming food or beverage, possessing an open food or beverage container, obstructing or disturbing passengers, remaining aboard after the route has been completed or the vehicle enters a garage or other restricted area, entering the operator's cab or the driver's seat in the absence of an emergency, and entering, exiting or passing through an emergency door in the absence of an emergency; to provide for exemptions; to clarify provisions relating to service or guide dogs for persons with disabilities; to prohibit other animals; to prohibit offering or gaining specified entry without fare payment, and attempting such conduct; to prohibit certain stopping, standing, or parking of vehicles in specified areas, for other than specified purposes, or for periods exceeding those specified in parking lots, and parking decks owned or operated by a public transit authority; to prohibit leaving THURSDAY, JANUARY 29, 1998 157 unattended vehicles or taxis in specified areas and impeding ingress, egress, or free passage of other vehicles; to prohibit fires and flames; to provide for fines and the levying authorities for such fines; to provide for written citations and the contents of such citations; to provide for construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 16, relating to crimes, is amended by striking in its entirety subsection (a) of Code Section 16-12-120, relating to certain acts in public transit buses, rapid rail cars, or stations, and inserting in its place the following: "(a) A person who commits or attempts to commit any of the following acts in a public transit bus, a rapid rail car, or station shall be guilty of a misdemeanor: (1) Spits, defecates, or urinates; (2) Discards litter, except into receptacles designated for that purpose; (3) Smokes or consumes tobacco in any form; (4) Consumes food or beverage or possesses any open food or beverage container, except an operator of a public transit bus at an authorized layover point; (9X5) Plays any radio; cassette, cartridge, or tape player; or similar device unless such device is connected to an earphone that limits the sound to the hearing of the individual user; (4X6) Carries or possesses any explosives, acids, other dangerous articles, or live animals, except for seeing eye dugs piupeily liamebbud and guide dogs or service dogs as described in Code Section 30-4-1 accompanied by a blind pel sun and small animals piupmly packaged physically disabled person, blind person, person with visual disabilities, deaf person, or a person who is responsible for training a guide dog or service dog as contemplated by Code Section 30-4-1; (5X7) Obstructs, hinders, interferes with, or otherwise disrupts or disturbs the operation, or operator, or passengers of a public transit bus or rapid rail car; or (6X8) Boards any public transit bus through the rear exit door, unless so directed by an employee or agent of the carrier:; (9) Remains aboard any public transit bus or rapid rail car after such vehicle has completed its scheduled route and passengers have been advised to exit the vehicle or remains aboard any public transit bus or rapid rail car after having been warned and after such vehicle has entered a garage or other restricted area not open to the public; (10) Enters, exists, or passes through any emergency door of any rapid rail car or public transit bus in the absence of a bona fide emergency; or (11) Enters the operator's cab or driver's seat of any rapid rail car or public transit bus in the absence of a bona fide emergency. (a.l) Employees of a public transportation authority or carrier while at work performing the duties of their employment shall be exempted from the restrictions of paragraphs (8), (9), (10), and (11) of subsection (a)." SECTION 2. Said title is further amended by striking in its entirety Code Section 16-12-120.1, relating to alteration of fare items and sale or exchange of fare items without consent of the public transit agency, and inserting in its place a new Code section to read as follows: 158 JOURNAL OF THE SENATE "16-12-120.1. A person who commits or attempts to commit any of the following acts shall be guilty of a misdemeanor: (1) Sells, makes, or possesses any coin, note, token, transfer, transaction card, or similar article which has been altered from its original condition contrary to its intended use to enter or gain entry into or on any bus, rail vehicle, or terminal, ui station; (2) Sells or exchanges any token, transfer, transaction card, ticket, fare medium, or similar article used or to be used as payment for entry into or on any bus, rail vehicle, or terminal without the express consent of the public transit agency owning or operating such vehicles or terminals, stations; (3) Offers entry or provides entry into or on any bus, rapid rail car, or station to any person without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations; (4) Gains entry into or on any bus, rapid rail car, or station without the payment of the proper fare to the public transit agency owning or operating such vehicles or stations; or (5) Gains entry into or on any bus, rapid rail car, or station through the use of a transcard, transaction card, or other similar fare media which is the property of another person." SECTION 3. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by inserting a new Code section to be designated Code Section 40-6-208 to read as follows: "40-6-208. (a) In all parking lots, parking decks, and other such facilities owned or operated by any public transit authority or established for the exclusive purpose of providing parking for passengers of rapid rail or public transit buses, it shall be unlawful to: (1) Stop, stand, or park a vehicle other than in marked spaces designed for that purpose; (2) Stop, stand, or park a vehicle on any yellow curb; (3) Stop, stand, or park a vehicle in any location which results in impeding ingress or egress to said facility or which results in impeding the free passage of any other vehicle; (4) Leave any vehicle unattended in areas designated as 'kiss-ride' or designated as 'attended vehicles only*; (5) Stop, stand, or park any taxicab or other vehicle for hire, whether attended or unattended, in any area not specifically designated for such vehicles; (6) Stop, stand, or park any vehicle for the purpose of loading or unloading passengers, except in areas specifically designated for that use, such as 'kiss-ride' or 'passenger drop-off areas; (7) Stop, stand, or park any vehicle for a period in excess of 24 hours unless such parking area is designated 'overnight' or 'long-term' parking; (8) Stop, stand, or park any vehicle for any purpose other than to board the rapid rail car or public transit bus serving such parking lot; or THURSDAY, JANUARY 29, 1998 159 (9) Create or maintain any fire or flame, including fires or flames for cooking or grilling, or to fail to extinguish said fire or flame and to remove from such public transit parking facility all debris and residue associated with the creation and maintenance of said fire or flame. (b) Any person violating subsection (a) of this Code section shall be subject to a fine levied by the municipality or, in the case of properties located outside the boundaries of a municipality, by the county in which the offense occurs. Such offense shall be cited by the issuance of a written citation which shall be left on the violator's vehicle and which shall contain, at a minimum: (1) The nature of the violation; (2) The amount of the fine which will be levied for such violation; (3) That the cited individual has the right to contest the citation and be given an opportunity to be heard; (4) The location of the court in which the cited individual must appear within five days of the date of the citation to contest same; and (5) The location at which fines may be paid. (c) Nothing in this Code section shall be construed to limit the enforcement of any other provision of state law which may be applicable, including, but not limited to, Part 2 of this article, the 'Parking Law For Persons With Disabilities,' and the uniform rules of the road." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins Y James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Perdue (PRS) Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N EX Thompson Y Turner Y Tysinger Y Walker 160 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SR 467. By Senators Middleton of the 50th, Marable of the 52nd and Hooks of the 14th: A resolution creating a Blue Ribbon Study Committee on Funding of the "Quality Basic Education Act". 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: Y Abernathy Y Griffin Price,R Y Balfour Y Guhl Price,T Y Blitch Y Harbison Ragan Y Boshears Y Henson Ralston Y Bowen Y Hill Ray Y Broun, 46th Y Hooks Roberts Y Brown, 26th Y Huggins Scott Y Brush Y James Starr Y Burton Y Johnson.D Stokes Y Cagle Y Johnson,E Streat Y Cheeks Y Kemp Tanksley Y Clay Y Lamutt Taylor Y Crotts Y Land Thomas,D Y Dean Y Langford Thomas,N Y Egan Y Madden EX Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Perdue (PRS) On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Walker of the 22nd moved that the Senate adjourn until 9 A.M. tomorrow; the motion prevailed, and at 11:52 A.M., the President Pro Tempore announced the Senate adjourned. FRIDAY, JANUARY 30, 1998 161 Senate Chamber, Atlanta, Georgia Friday, January 30, 1998 Tenth Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of 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: HB 1358. By Representatives Hammontree of the 4th and Mann of the 5th: A bill to amend an Act creating a new charter for the City of Cohutta, so as to provide for the power of the mayor to vote on matters before the city council. HB 820. By Representative Holmes of the 53rd: A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of judges of state courts, so as to strike certain references to nonpartisan primaries; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for election of members of boards of education in nonpartisan elections without prior nonpartisan primaries. HB 1180. By Representatives Dixon of the 168th, Epps of the 131st and Reichert of the 126th: A bill to amend Code Section 3-1-2 of the Official Code of Georgia Annotated, relating to definitions relative to alcoholic beverages, so as to add a new definition. The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 485. By Senators Clay of the 37th and Cagle of the 49th: A resolution designating June 27-28, 1998, as Amateur Radio Weekend in honor of Georgia's amateur radio operators. The following bills were introduced, read the first time and referred to committees: SB 534. By Senators Hill of the 4th, Middleton of the 50th and Marable of the 52nd: A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees, so as to provide that such coverage shall be provided; to provide for the employee contribution for such coverage; to provide an effective date. Referred to Committee on Retirement. 162 JOURNAL OF THE SENATE SB 535. By Senators Hill of the 4th, Starr of the 44th, Brown of the 26th and Marable of the 52nd: A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and school personnel, by repealing in its entirety Part 1, relating to the Professional Practices Commission; to amend Part 10 of said article, the "Georgia Professional Standards Act," so as to add additional purposes; to add definitions; to authorize the Professional Standards Commission to remove any commissioner from office under certain circumstances. Referred to Committee on Education. SB 536. By Senator Price of the 56th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to motor vehicle instruction permits, graduated licensing, and related restrictions; to provide an effective date. Referred to Committee on Public Safety. SB 537. By Senators Henson of the 55th and Johnson of the 1st: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to allow for Sunday alcoholic beverage sales at motor sport road race track facilities with a permanent seating capacity in excess of 10,000 persons in certain counties; to provide for other related matters; to provide an effective date. Referred to Committee on Consumer Affairs. SB 538. By Senator Tysinger of the 41st: A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to prohibit registration or maintenance of registration of certain motor vehicles not having required liability insurance; to provide for requests for information regarding required motor vehicle liability insurance and verification of responses using random sampling. Referred to Committee on Insurance and Labor. SB 539. By Senators Johnson of the 1st, Walker of the 22nd and Starr of the 44th: A bill to amend Code Section 48-7-26 of the Official Code of Georgia Annotated, relating to income tax exemptions and deductions, so as to provide for annual adjustments with respect to the amount of certain exemptions and deductions. Referred to Committee on Finance and Public Utilities. SB 540. By Senators Ralston of the 51st and Oliver of the 42nd: A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals to be heard by probate courts, so as to allow counties with populations under 96,000 to elect by local legislation to have their probate courts enabled to hear appeals and hold jury trials; to provide for restrictions. FRIDAY, JANUARY 30, 1998 163 Referred to Committee on Judiciary. SB 541. By Senators Ralston of the 51st and Oliver of the 42nd: A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals in probate courts, so as to provide that probate courts shall have concurrent jurisdiction with superior courts over trust issues arising in probate court cases provided that no equitable issues or remedies are involved; to provide for related matters; to provide for an effective date and applicability. Referred to Committee on Judiciary. SB 542. By Senators Guhl of the 45th, Roberts of the 30th, Balfour of the 9th and others: A bill to amend Code Section 33-3-16 of the Official Code of Georgia Annotated, relating to expiration of certificate of authority to transact insurance and procedure for renewal, so as to provide specifically that certain filings shall be public records of the Commissioner's office; to eliminate a requirement for insurers to publish annual financial statements in newspapers. Referred to Committee on Insurance and Labor. SB 543. By Senators Hill of the 4th, Thomas of the 10th, Marable of the 52nd and others: A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for the transfer of certification and recertification responsibilities for paramedics and cardiac technicians to the Department of Human Resources from the Composite Board of Medical Examiners; to provide for definitions. Referred to Committee on Health and Human Services. SB 544. By Senators Ragan of the llth, Streat of the 19th, Guhl of the 45th and others: A bill to amend Code Section 10-4-19 of the Official Code of Georgia Annotated, relating to state licensed and bonded warehouses, required warehouse receipts, and use of electronic warehouse receipts, so as to change the provisions relating to electronic warehouse receipt providers. Referred to Committee on Special Judiciary. SB 545. By Senators Boshears of the 6th, Oliver of the 42nd and Thompson of the 33rd: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forefeitures, so as to authorize the imposition, assessment, and collection of additional penalties when fines are imposed for certain criminal offenses; to require such additional amounts to be paid to the sheriff and deposited into a special account. Referred to Committee on Special Judiciary. SB 546. By Senators Glanton of the 34th and Gochenour of the 27th: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide that if the State Cam- 164 JOURNAL OF THE SENATE paign and Financial Disclosure Commission finds violations aggregating $1,000.00, it shall refer its findings to the Attorney General; to provide that the Attorney General shall review the commission's findings to determine if any other civil or criminal violations have occurred and report such conclusion to the commission. Referred to Committee on Ethics. SB 547. By Senator Thomas of the 10th: A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Children and Teachers Right to Safe School Health Act"; to provide that a local board of education or a governing board of a nonpublic school may permit an employee or a person under contract to the board to assist students in selfadministration of medications; to provide guidelines. Referred to Committee on Education. . SB 548. By Senators Thomas of the 10th, Blitch of the 7th and Johnson of the 2nd: A bill to amend Chapter 11 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of hazardous materials, so as to provide for comprehensive regulation by the Public Service Commission of the transportation of spent nuclear fuel and high level radioactive waste; to provide for certain applications, permits, and fees relating thereto. Referred to Committee on Transportation. SB 549. By Senators Oliver of the 42nd, Ralston of the 51st and Burton of the 5th: A bill to expedite admission to or discharge from certain health care institutions of incapacitated adults and persons and adults unable to consent for themselves; to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for an alternative procedure for appointment of an emergency guardian; to provide for specific, limited powers for such a guardian. Referred to Committee on Judiciary. SB 550. By Senators Oliver of the 42nd, Hill of the 4th and Burton of the 5th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide a homestead exemption from ad valorem taxes for educational purposes for the full value of a homestead owned and occupied by a person of 70 years of age or older whose annual household income does not exceed $30,000.00. Referred to Committee on Finance and Public Utilities. SB 551. By Senator Langford of the 29th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for all offices; to provide for related matters; to provide for an effective date. Referred to Committee on State and Local Governmental Operations (General). FRIDAY, JANUARY 30, 1998 165 SB 552. By Senators Oliver of the 42nd, Land of the 16th, Ralston of the 51st and Langford of the 29th: A bill to amend Chapter 2 of Title 13 of the Official Code of Georgia Annotated, relating to contract provisions selecting the law of Georgia as the applicable law of the contract, so as to permit parties to a contract to submit to jurisdiction of any court or courts of this state; to provide for exceptions; to provide an effective date. Referred to Committee on Judiciary. SR 557. By Senators Ragan of the llth, Streat of the 19th, Middleton of the 50th and others: A resolution creating the Joint Study Committee on Vocational Student Organizations. Referred to Committee on Rules. SR 558. By Senators Gochenour of the 27th, Balfour of the 9th and Glanton of the 34th: A resolution proposing an amendment to the Constitution so as to provide that all real and personal property shall be appraised for ad valorem taxation purposes for no more than their purchase price value as of the date of the owner's acquisition thereof; to provide for conditions under which such value may be changed; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. The following bills were read the first time and referred to committees: HB 820. By Representative Holmes of the 53rd: A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of judges of state courts, so as to strike certain references to nonpartisan primaries; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for election of members of boards of education in nonpartisan elections without prior nonpartisan primaries. Referred to Committee on State and Local Governmental Operations (General). HB 1180. By Representatives Dixon of the 168th, Epps of the 131st and Reichert of the 126th: A bill to amend Code Section 3-1-2 of the Official Code of Georgia Annotated, relating to definitions relative to alcoholic beverages, so as to add a new definition. Referred to Committee on Consumer Affairs. HB 1358. By Representatives Hammontree of the 4th and Mann of the 5th: A bill to amend an Act creating a new charter for the City of Cohutta, so as to provide for the power of the mayor to vote on matters before the city council. Referred to Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: 166 JOURNAL OF THE SENATE Mr. President: The Committee on Agriculture has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 420. Do pass by substitute. SR 492. Do pass. Respectfully submitted, Mr. President: Senator Ragan of the llth District, Chairman The Committee on Finance and Public Utilities has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 489. Do pass. SB 522. Do pass as amended. Respectfully submitted, Mr. President: Senator Starr of the 44th District, Chairman The Committee on Public Safety has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 427. Do pass by substitute. Respectfully submitted, Mr. President: Senator Bowen of the 13th District, Chairman The Committee on Retirement has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 79. Do pass. HB 886. Do pass. Respectfully submitted, Mr. President: Senator Cheeks of the 23rd District, Chairman The Committee on Science, Technology and Industry has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 437. Do pass. Respectfully submitted, Mr. President: Senator Tysinger of the 41st District, Chairman The Committee on State and Local Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 418. Do pass. SB 483. Do pass. Respectfully submitted, Mr. President: Senator Thomas of the 10th District, Chairman FRIDAY, JANUARY 30, 1998 167 The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 337. Do pass by substitute. SB 471. Do pass. SR 368. Do pass by substitute. SR 490. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman The following bills and resolutions were read the second time: SB 55 SR 529 SB 186 SR 532 SB 411 SB 484 SB 486 SB 496 The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. The Lieutenant Governor introduced the chaplain of the day, Reverend Gene Yelverson, pastor of First United Methodist Church, Cairo, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 554. By Senator Guhl of the 45th: A resolution commending the Georgia Horticulture Trade Alliance and recognizing the observance of Tuesday, February 3, 1998, as Environmental Horticulture Day in the State of Georgia. SR 555. By Senators Harbison of the 15th, Griffin of the 25th, Glanton of the 34th and Hill of the 4th: A resolution commending the Georgia National Guard and declaring Georgia National Guard Day. SR 556. By Senators Brown of the 26th, Perdue of the 18th and Gochenour of the 27th: A resolution welcoming citizens and public officials from the City of Macon and Bibb County, observing February 24, 1998, as Macon Day in Atlanta-Taste of Macon . SR 562. By Senator Thompson of the 33rd: A resolution commending Barbara J. Bruegger. Senator Harbison of the 15th moved that Senator James of the 35th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator James was excused. Senator Gochenour of the 27th moved that Senator Glanton of the 34th be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Glanton was excused. Senator Roberts of the 30th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Ralston was excused. Senator Perdue of the 18th asked unanimous consent that the morning roll call be dispensed with due to Senators being detained in committee meetings. The consent was granted, and the morning roll call was dispensed with. 168 JOURNAL OF THE SENATE The following local, uncontested bills of the Senate, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Friday, January 30, 1998 TENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 418 Boshears, 6th Kemp, 3rd GLYNN COUNTY A bill to provide for the nonpartisan nomination and election of the solicitor-general of the State Court of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date. SB 483 Broun, 46th CLARKE COUNTY OCONEE COUNTY A bill to amend an Act providing a supplement to the salary of the judges of the superior courts of the Western Judicial Circuit, as amended, so as to change the supplementary compensation for the judges of the superior courts of the Western Judicial Circuit by the governing authority of the Unified Government of Athens-Clarke County and the governing authority of Oconee 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: Y Abernathy Y Balfour Y Blitch Y Boshears Bowen Y Broun, 46th ]Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis EX Glanton Y Gochenour Griffin Y Guhl Y Harbison Henson Y Hill Y Hooks Y Huggins EX James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Madden Y Marable Y Middleton Y Oliver Y Perdue Y Price,R Y Price,T Ragan EX Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Streat Y Tanksley Y Taylor Thomas,D Y Thomas,N Y Thompson FRIDAY, JANUARY 30, 1998 169 Y Turner Y Tysinger Y Walker On the passage of the local bills, the yeas were 45, nays 0. All the bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE CALENDAR Friday, January 30, 1998 TENTH LEGISLATIVE DAY HB 95 Public Service Commission; election; amend provisions (F&PU-14th) Coleman-142nd SB 290 Employees' Retirement Membership-Lottery Corporation employee choice (Ret-46th) SB 326 Pardons and Paroles, Corrections Employees-disability benefits (Ret18th) SB 410 Children's Health Insurance Act-create (H&HS-22nd) SB 421 Juvenile Criminal Records-access, fingerprinting, photographs (Amendment)(Corr-18th) SB 423 Claims Advisory Board-exclude certain small claims payments (Corr31st) SB 449 Pardons and Paroles Board-offenders pay fee to providers for services (Amendment)(Corr-31st) SR 481 DeKalb County-conveyance of certain state owned property (F&PU41st) SR 488 Coffee County-conveyance of certain state owned property (F&PU-19th) SR 489 White County-conveyance of certain state owned property (F&PU-50th) SR 493 Baldwin County Property Conveyance-property under Juvenile Justice Department (F&PU-25th) SR 494 Baldwin County Property Conveyance-to Baldwin County Red Cross (F&PU-25th) SR 496 Baldwin County Property Conveyance-sale of houses and tracts (F&PU25th) HB 336 Firemen's Pension Fund; certain prior service; creditable service (Ret53rd) Cummings-27th HB 381 Public School Employees Retirement; increase benefit (Ret-5th) Childers-13th HB 442 Employees' Retirement; marriage after retirement; spouse's option (Ret53rd) Cummings-27th 170 JOURNAL OF THE SENATE HB 443 HB 724 Employees' Retirement; retire with less than 30 years (Ret-5th) Cummings-27th Employees' Retirement; district attorney's employees; membership (Ret8th) Golden-177th HB 759 Peace Officers' Annuity and Benefit; include certain children and youth services employees (Ret-34th) Parrish-144th HB 780 Judges of Probate Courts Retirement; amend provisions (Ret-5th) Jenkins-HOth HB 885 Employees' Retirement;certain broadcasting service; creditable service (Ret-53rd) Cummings-27th HB 936 Employees' Retirement; age 60 or more at time of employment (Ret34th) Cummings-27th HB 937 Employees' Retirement; district attorneys' employees; membership (Ret5th) Floyd-138th HB 943 Regents Retirement; Teachers Retirement not pay certain benefits (Ret34th) Cummings-27th HB 944 Employees' Retirement; membership service; certain prior service (Ret5th) Cummings-27th The following general bills were read the third time and put upon their passage: 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 Commission, 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 Hooks of the 14th asked unanimous consent that HB 95 be dropped to the bottom of the Calendar. The consent was granted. SB 290. By Senator Broun of the 46th: A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that employees of the Georgia Lottery Corporation may elect not to be members of such system; to provide for a return of employee contributions; to provide for an effective date and for automatic repeal. - Senator Thompson of the 33rd moved that he be excused from voting on SB 290 pursuant to Senate Rule 175. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Thompson of the 33rd was excused from voting. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, JANUARY 30, 1998 171 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Balfour Y Blitch Y Boshears Bowen Y Broun, 46th Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis EX Glanton Y Gochenour Griffin Y Guhl Y Harbison Henson Y Hill Y Hooks Y Huggins EX James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Madden Y Marable Y Middleton Y Oliver Y Perdue On the passage of the bill, the yeas were 43, nays 0. Y Price,R Y Price,T Ragan EX Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Streat Y Tanksley Y Taylor Thomas.D Y Thomas,N EX Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 326. By Senator Perdue of the 18th: A bill to amend Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability benefits payable to certain law enforcement officers disabled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal. Senator Thompson of the 33rd moved that he be excused from voting on SB 326 pursuant to Senate Rule 175. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Thompson of the 33rd was excused from voting. Senators Perdue of the 18th, Cheeks of the 23rd, and Dean of the 31st offered the following substitute to SB 326: A Bill To be entitled an Act to amend Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability benefits payable to certain law enforcement officers disabled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 172 JOURNAL OF THE SENATE SECTION 1. Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability benefits payable to certain law enforcement officers disabled in the line of duty, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: "(b)(l) Notwithstanding the disability allowance provided for in Code Section 47-2123, any employee of the Department of Natural Resources appointed as a deputy conservation ranger under Code Section 27-1-17, any parole officer employed by the State Board of Pardons and Paroles, and any probation officer employed by the Department of Corrections who, while a contributing member of this retirement system and upon becoming permanently disabled due to an act of external violence or injury incurred in the line of law enforcement duty, becomes eligible for disability retirement allowances shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option. Such monthly allowance as shall be payable to the member only, during his or her life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he or she accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his or her permanent disability occurred. Such permanent disability retirement shall apply regardless of the length of service of any such member; and such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of law enforcement duty shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as an employee of the Department of Natural Resources who has been appointed as a deputy conservation ranger under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles, or probation officer of the Department of Corrections. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. (2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 percent of his or her monthly earnable compensation for the month in which his or her permanent disability occurred for each year of creditable service determined as though he or she had continued in service as a deputy conservation ranger, probation officer, or parole officer until his or her mandatory retirement age." SECTION 2. This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. FRIDAY, JANUARY 30, 1998 173 Pursuant to Senate Rule 143, action on SB 326 was suspended and SB 326 was placed on the General Calendar. SB 410. By Senators Walker of the 22nd, Middleton of the 50th, Thomas of the 10th and others: A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the "Children's Health Insurance Act"; to provide for the establishment of a children's health insurance program; to provide for administration; to provide for duties of the State Personnel Board and the State Merit System of Personnel Administration; to authorize the adoption of rules and regulations. Senators Clay of the 37th, Cagle of the 49th, Ray of the 48th and Johnson of the 1st offered the following amendment: Amend SB 410 by adding after July 1, 1998, on line 15 of p.4 "and expire on July 1, 2003, unless re-authorized by the General Assembly of Georgia" On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Abernathy N Griffin Y Price,R Y Balfour Y Guhl Y Price.T N Blitch N Harbison N Ragan N Boshears N Henson EX Ralston N Bowen N Hill Y Ray N Broun, 46th Hooks Y Roberts N Brown, 26th N Huggins N Scott Y Brush EX James N Starr Y Burton N Johnson,D N Stokes Y Cagle Y Johnson.E N Streat N Cheeks N Kemp N Tanksley Y Clay Y Lamutt N Taylor Y Crotts Y Land Y Thomas,D N Dean Y Langford N Thomas,N Y Egan N Madden N Thompson N Fort N Marable N Turner Y Gillis N Middleton Y Tysinger EX Glanton N Oliver N Walker Y Gochenour N Perdue On the adoption of the amendment, the yeas were 20, nays 31, and the Clay, et al. amendment was lost. Senators Price of the 56th, Gochenour of the 27th, and Johnson of the 1st offered the following amendment: Amend SB 410 by inserting following the word "insurance" on line 39 of page 2 the following: "(which shall include, if available, at least one HMO plan, one PPO plan, one POS plan, one MSA plan, and one indemnity plan)". On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: 174 JOURNAL OF THE SENATE N Abernathy N Griffin Y Price,R Y Balfour Y Guhl Y Price,T Y Blitch N Harbison N Ragan Y Boshears N Henson EX Ralston N Bowen N Hill Y Ray N Broun, 46th N Hooks Y Roberts Brown, 26th N Huggins N Scott Y Brush EX James N Starr Y Burton N Johnson,D N Stokes Y Cagle Y Johnson,E N Streat N Cheeks N Kemp N Tanksley Y Clay Y Lamutt N Taylor Y Crotts N Land Y Thomas,D N Dean N Langford N Thomas,N Y Egan N Madden Thompson N Fort N Marable N Turner N Gillis N Middleton Y Tysinger EX Glanton N Oliver N Walker Y Gochenour N Perdue On the adoption of the amendment, the yeas were 19, nays 32, and Price of the 56th, et al. amendment was lost. Senators Gochenour of the 27th, Johnson of the 1st, Price of the 56th and others offered the following substitute to SB 410: A BILL To be entitled an Act to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the "Georgia Children's Health Insurance Program"; to provide a short title; to provide for purposes; to provide for definitions; to provide for the establishment of a children's health insurance program; to provide for administration and financing; to provide for duties of the Insurance Department and other departments and agencies of the state; to provide for insurer provisions, eligibility provisions, and the scope of benefits; to provide for authority to enter into 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. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by adding at the end a new Article 13 immediately following Article 12 to read as follows: "ARTICLE 13 49-5-270. This article shall be known and may be cited as the 'Georgia Children's Health Insurance Program.' 49-5-271. The purpose of this article is to create a state health insurance program eligible for payment under Section 2105 of the federal Social Security Act. The program will ex- FRIDAY, JANUARY 30, 1998 175 pand the health insurance options of targeted low-income children through the service of private health insurers meeting the requirements of Code Sections 49-5-274 and 495-276 that contract with the department to provide targeted low-income children with health insurance coverage. 49-5-272. As used in this article, the term: (1) 'Child' means a natural person less than 19 years of age who is a resident of this state. (2) 'Creditable health coverage' has the meaning given the term 'creditable coverage' under Section 2701(c) of the federal Public Health Service Act, 42 U.S.C. 300gg(c), and includes coverage that meets the requirements of Section 2103 of the federal Social Security Act provided to a targeted low-income child under this article or under a waiver approved under Section 2105(c)(2)(B) of the federal Social Security Act, relating to a direct service waiver. (3) 'Department' means the Insurance Department. (4) 'Group health plan' has the meaning given such term under Section 2791 of the federal Public Health Service Act, 42 U.S.C. 300gg-91. (5) 'Health insurance coverage' has the meaning given such term under Section 2791(b)(l) of the federal Public Health Service Act, 42 U.S.C. 300gg-91. (6) 'Low-income child' means a child whose family income is at or below 200 percent of poverty. (7) 'Participating insurer' means any entity licensed to provide health insurance in this state that has contracted with the department to offer health insurance coverage to targeted low-income children pursuant to this article. (8) 'Poverty' has the meaning given such term in Section 673(2) of the federal Community Service Block Grant Act, 42 U.S.C. 9902(2), including any revision in such section. (9) 'Preexisting condition exclusion' has the meaning given such term in Section 2701(b)(D(A) of the federal Public Health Service Act, 42 U.S.C. 300gg(b)(l)(A). (10) 'Qualified child health plan' means health insurance coverage provided by a participating insurer consistent with Code Section 49-5-276. (11) 'State Medicaid office' means the Georgia office responsible for administering Title XK of the federal Social Security Act. (12)(A) 'Targeted low-income child' means a child, except as provided by subparagraph (B) of this paragraph, who: (i) Has been determined eligible by this state under this article; (ii)(I) Is a low-income child; or (II) Is a child whose family income exceeds the Medicaid-applicable income level of this state by not more than 50 percentage points; and (iii) Is not found to be eligible for Medicaid or covered under a group health plan or under health insurance coverage. This does not include a health insurance coverage program offered by this state that receives no federal funds and that has been in operation since before July 1, 1997. (B) Such term does not include: 176 JOURNAL OF THE SENATE (i) A child who is an inmate of a public institution or a patient in an institution or a patient in an institution for mental diseases; or (ii) A child who is a member of a family that is eligible for health benefits coverage under a state employee health benefits plan. 49-5-273. (a) The state shall prepare a state children's health insurance program for submission to the secretary of the United States Department of Health and Human Services by July 1, 1999. (b) The department shall enter into contracts with at least two insurers and at least two health maintenance organizations that offer a qualified child health plan. (c) The state Medicaid office shall be responsible for certifying the eligibility of children for the state children's health insurance program. (d) Upon notice of enrollment of a targeted low-income child in a qualified child health plan, the department shall forward the annual negotiated cost of insuring each targeted low-income child to the appropriate participating insurer. (e) In no event shall more than 10 percent of federal and state funds be used for: (1) Other children's health programs for targeted low-income children; (2) Initiatives for improving the health of children, including targeted low-income and other low-income children; (3) Outreach activities that inform families of children who are likely to be eligible for this program or other public or private health coverage programs or for coordination of the administration of this program with other public and private health insurance programs; and (4) Other reasonable costs incurred by the state to administer the program. 49-5-274. (a) To be eligible for the state payment, a participating insurer shall offer a qualified child health plan to eligible children without regard to health status and without the imposition of a. preexisting condition exclusion, except that a preexisting condition exclusion may be applied if the qualified child health plan is provided through a group health plan or group health insurance coverage, consistent with the limitations on the imposition of preexisting condition exclusions in connection with such coverage under state and federal law. (b) Premium and cost-sharing amounts are limited to the following: (1) No deductible, coinsurance, or other cost sharing is permitted with respect to benefits for well-baby and well-child care including age-appropriate immunizations; (2) For children whose family income is at or below 150 percent of poverty: (A) Premiums, enrollment fees, or similar charges may not exceed the maximum monthly charge permitted consistent with standards established to carry out Section 1916(b)(l) of the federal Social Security Act; and (B) Deductibles and other cost sharing shall not exceed an amount that is nominally consistent with standards provided under Section 1916(a)(3) of the federal Social Security Act, as adjusted; and (3) For children whose family income is more than 150 percent of poverty, premiums, deductibles, and other cost sharing may be imposed on a. sliding scale related FRIDAY, JANUARY 30, 1998 177 to income, provided that the total annual aggregate cost sharing with respect to all targeted low-income children in a family under this article shall not exceed 5 percent of such family's income for the year involved. (c) Existing health insurance sales and marketing methods, including the use of agents and payment of commissions, shall be utilized to inform families of the availability of the Georgia children's health insurance program and assist them in obtaining coverage for children under the program. 49-5-275. (a) Targeted low-income children shall be eligible for coverage with a participating insurer regardless of health status. (b) Eligible children shall be allowed to change enrollment between participating insurers upon the annual coverage renewal date, provided that at least six months' notice of an election to change enrollment is provided to the participating insurer with which the child is currently enrolled. The notice provision shall be reduced to 60 days if the child has changed residence to an area outside the geographic service area of the participating insurer with which the child is currently enrolled. 49-5-276. A qualified health plan shall contain benefits consistent with either paragraph (1), (2), or (3) of this Code section; provided, however, nothing in this article shall be construed to prevent a qualified child health plan from offering a category of benefits that are not specified in this Code section: (1) Health insurance coverage equivalent to one of the following: (A) The standard Blue Cross/Blue Shield preferred provider option under the federal Employees Health Benefit Plan, 5 U.S.C. 8903(1); (B) A health benefits coverage plan that is offered and generally available to state employees; or (C) Health insurance coverage offered by the health maintenance organization that has the largest insured commercial, non-Medicaid enrollment of covered lives in this state; (2)(A) Health insurance coverage that has an aggregate actuarial value at least equivalent to subparagraph (A), (B), or (C) of paragraph (1) of this Code section and that includes coverage for the following basic services: (i) Inpatient and outpatient hospital services; (ii) Physicians' surgical and medical services; (iii) Laboratory and X-ray services; and (iv) Well-baby and well-child care, including age-appropriate immunizations. (B) Health insurance coverage based on actuarial equivalence for basic services, as described in subparagraph (A) of this paragraph, may provide the following additional services if the coverage for such services has an actuarial value of at least 75 percent of the actuarial value of the coverage provided in that category of services in such package: (i) Coverage of prescription drugs; (ii) Mental health services; (iii)Vision services; and 178 JOURNAL OF THE SENATE (iv) Hearing services; and (3) Upon application by this state, any other health insurance coverage that has been approved by the United States secretary of health and human services." 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 President ordered a roll call, and the vote was as follows: Abernathy N Griffin Y Price,R Balfour Y Guhl Y Price,T Blitch N Harbison N Ragan Boshears N Henson EX Ralston Bowen N Hill Y Ray Broun, 46th N Hooks Y Roberts Brown, 26th N Huggins N Scott Brush EX James N Starr Burton N Johnson,D N Stokes Cagle Y Johnson,E N Streat Cheeks N Kemp N Tanksley Clay Y Lamutt N Taylor Crotts N Land Y Thomas,D Dean N Langford N Thomas,N Egan N Madden N Thompson Fort N Marable N Turner Gillis N Middleton Y Tysinger EX Glanton N Oliver N Walker Y Gochenour N Perdue On the adoption of the substitute, the yeas were 17, nays 35, and the Gochenour, et al. substitute was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy N Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Brown, 26th N Brush N Burton Y Cagle Y Cheeks N Clay N Crotts Y Dean N Egan Y Fort Y Gillis EX Glanton N Gochenour Y Griffin N Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins EX James Y Johnson,D N Johnson,E Y Kemp N Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Y Perdue N Price,R N Price/T Y Ragan EX Ralston FRIDAY, JANUARY 30, 1998 179 Y Ray Y Streat Y Thompson N Roberts N Tanksley Y Turner Y Scott Y Taylor N Tysinger Y Starr Y Thomas,D Y Walker Y Stokes Y Thomas,N On the passage of the bill, the yeas were 37, nays 15. The bill, having received the requisite constitutional majority, was passed. Senator Dean of the 31st moved that SB 410 be immediately transmitted to the House. On the motion, the yeas were 41, nays 1; the motion prevailed, and SB 410 was immediately transmitted. Senator Griffin of the 25th introduced Dr. Rosemary De Paolo, President of Georgia College and State University, who addressed the Senate briefly. Senator Hill of the 4th introduced the doctor of the day, Dr. Joe Ratchford of Springfield, Georgia. Senator Starr of the 44th assumed the Chair. The Calendar was resumed. SB 421. By Senators Perdue of the 18th, Marable of the 52nd, Madden of the 47th and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to define a term; to limit access to juvenile fingerprint records to the administration of criminal justice; to require that all children charged with acts which would be a felony if committed by an adult be fingerprinted and photographed; to authorize fingerprinting a juvenile if latent fingerprints are found at a crime scene under certain circumstances. The Senate Committee on Corrections, Correctional Institutions, and Property offered the following amendment: Amend SB 421 by inserting before the word "Code" on line 10 of page 5 the following: "subsection (c) of. 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: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Broun, 46th Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Clay Y Crotts Dean Y Egan Y Fort Y Gillis EX Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Hugging 180 JOURNAL OF THE SENATE EX James Y Oliver Y Johnson,D Y Perdue Johnson,E Price,R Kemp Y Price.T Lamutt Y Ragan Land EX Ralston Langford Y Ray Y Madden Y Roberts Y Marable Y Scott Y Middleton Starr (PRS) On the passage of the bill, the yeas were 44, nays 0. Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Turner Tysinger Walker The bill, having received the requisite constitutional majority, was passed as amended. At 12:02 P.M., Senator Dean of the 31st moved that the Senate stand in recess until 5:00 P.M., and at that time, pursuant to HR 810, adjourn until 10:00 A.M. Monday, February 2, 1998; the motion prevailed. At 5:00 P.M. the Senate adjourned. MONDAY, FEBRUARY 2, 1998 181 Senate Chamber, Atlanta, Georgia Monday, February 2, 1998 Eleventh Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of Friday, January 30, 1998 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: HB 1397. By Representative Smith of the 102nd: A bill to amend an Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, so as to authorize the governing authority to pay to the sheriff of Harris County a salary supplement of up to $5,500.00 per year. HB 1398. By Representative Smith of the 102nd: A bill to amend an Act to abolish the offices of tax receiver and tax collector of Harris County and consolidate said offices into the office of tax commissioner of Harris County, so as to authorize the governing authority to pay to the tax commissioner of Harris County a salary supplement of up to $3,900.00 per year. HB 1399. By Representative Smith of the 102nd: A bill to amend an Act to provide that the ordinary of Harris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the probate judge of Harris County a salary supplement of up to $4,100.00 per year. HB 1400. By Representative Smith of the 102nd: A bill to amend an Act to provide that the clerk of the superior court of Harris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the clerk of the superior court of Harris County a salary supplement of up to $4,600.00 per year. HB 1407. By Representatives McClinton of the 68th, Polak of the 67th, Mobley of the 69th and others: A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to repeal certain duties and powers of the city manager with respect to educational affairs. The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate: 182 JOURNAL OF THE SENATE SR 477. By Senators Walker of the 22nd, Perdue of the 18th, Stokes of the 43rd and others: A resolution creating the Bipartisan Joint Commission on Parole Abolition and Sentencing Reform. The following bills were introduced, read the first time and referred to committees: SB 553. By Senator Thompson of the 33rd: A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, and Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to transfer certain law enforcement functions from the Public Service Commission to the Department of Public Safety; to create within the Department of Public Safety the Commercial Vehicle Safety Division. Referred to Committee on Public Safety. SB 554. By Senator Thompson of the 33rd: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to alternative fueled vehicle license plates. Referred to Committee on Transportation. SB 555. By Senator Thompson of the 33rd: A bill to amend Code Section 50-29-4 of the Official Code of Georgia Annotated, relating to the creation of the Information Technology Policy Council, so as to amend the membership of such council; to provide an effective date. Referred to Committee on Science, Technology and Industry. SB 556. By Senator Thompson of the 33rd: A bill to amend Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions, so as to change the membership of such commissions; to provide for service by certain mayors. Referred to Committee on State and Local Governmental Operations (General). SB 557. By Senators Land of the 16th and Cagle of the 49th: A bill to amend Code Section 34-8-150 of the Official Code of Georgia Annotated, relating to the payment of unemployment compensation contributions by employers, so as to waive payment of certain de minimis contributions. Referred to Committee on Insurance and Labor. SB 558. By Senators Burton of the 5th and Hill of the 4th: A bill to amend Code Section 47-3-127 of the Official Code of Georgia Annotated, relating to the effect of restoration to service upon a beneficiary of the Teachers Retirement System of Georgia, so as to clarify the meaning of the term "restoration to service"; to provide that an employer which employs a beneficiary of such retirement system under certain circumstances shall reimburse the retirement system for benefits wrongfully paid to the beneficiary. MONDAY, FEBRUARY 2, 1998 183 Referred to Committee on Retirement. SB 559. By Senators Gochenour of the 27th and Tysinger of the 41st: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the general provisions relating to the General Assembly, so as to authorize the General Assembly to introduce, consider, and adopt certain jointly sponsored privileged resolutions; to provide for the manner of introducing and acting upon such resolutions; to provide an effective date. Referred to Committee on Rules. SB 560. By Senators Hooks of the 14th, Starr of the 44th, Scott of the 36th and others: A bill to amend Code Section 31-22-4 of the Official Code of Georgia Annotated, relating to clinical laboratory examination of human specimens, so as to provide for a quality assurance program. Referred to Committee on Health and Human Services. SB 561. By Senators Perdue of the 18th, Thomas of the 10th, Hill of the 4th and others: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to local government entities, so as to enact the "Local Government Authorities Sunset Act"; to state legislative intent; to provide for a mechanism to allow for the sunset of local government authorities; to provide for the reporting of such actions to the Department of Community Affairs and the Secretary of State. Referred to Committee on State and Local Governmental Operations (General). SB 562. By Senators Hill of the 4th, Langford of the 29th, Kemp of the 3rd and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no policy of insurance issued or delivered in this state covering any loss, damage, expense, or liability shall exclude or deny coverage because the insured, members of the insured's family, or employees of the insured will keep or carry in a lawful manner firearms on the property or premises of the insured. Referred to Committee on Insurance and Labor. SR 559. By Senator Thompson of the 33rd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for a roadside enhancement and beautification fund, for allocation and dedication of certain revenue to such fund, and that moneys paid into the fund shall not lapse; to provide that an Act creating the fund and making such provisions may originate in the Senate or the House of Representatives. Referred to Committee on Transportation. SR 560. By Senator Thompson of the 33rd: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia; authorizing the conveyance of certain real property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date. 184 JOURNAL OF THE SENATE Referred to Committee on Finance and Public Utilities. SR 563. By Senator Gochenour of the 27th: A resolution amending the Rules of the Senate. Referred to Committee on Rules. SR 564. By Senators Perdue of the 18th, Thomas of the 10th, Hill of the 4th and others: A resolution proposing an amendment to the Constitution of the State of Georgia so as to provide for the creation of multijurisdictional service commissions; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on State and Local Governmental Operations (General). SR 566. By Senators Oliver of the 42nd and Boshears of the 6th: A resolution creating the Senate Study Committee on Cable TV. Referred to Committee on Rules. The following bills were read the first time and referred to committee: HB 1397. By Representative Smith of the 102nd: A bill to amend an Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, so as to authorize the governing authority to pay to the sheriff of Harris County a salary supplement of up to $5,500.00 per year. Referred to Committee on State and Local Governmental Operations. HB 1398. By Representative Smith of the 102nd: A bill to amend an Act to abolish the offices of tax receiver and tax collector of Harris County and consolidate said offices into the office of tax commissioner of Harris County, so as to authorize the governing authority to pay to the tax commissioner of Harris County a salary supplement of up to $3,900.00 per year. Referred to Committee on State and Local Governmental Operations. HB 1399. By Representative Smith of the 102nd: A bill to amend an Act to provide that the ordinary of Harris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the probate judge of Harris County a salary supplement of up to $4,100.00 per year. Referred to Committee on State and Local Governmental Operations. HB 1400. By Representative Smith of the 102nd: A bill to amend an Act to provide that the clerk of the superior court of Harris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the clerk of the superior court of Harris County a salary supplement of up to $4,600.00 per year. Referred to Committee on State and Local Governmental Operations. HB 1407. By Representatives McClinton of the 68th, Polak of the 67th, Mobley of the 69th and others: MONDAY, FEBRUARY 2, 1998 185 A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to repeal certain duties and powers of the city manager with respect to educational affairs. Referred to Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Finance and Public Utilities has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 517. Do pass as amended. Respectfully submitted, Mr. President: Senator Starr of the 44th District, Chairman The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 535. Do pass. Respectfully submitted, Mr. President: Senator Scott of the 36th District, Chairman The Committee on State and Local Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 417. Do pass. SB 501. Do pass. SB 502. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: SB 79 SB 522 SB 420 SR 368 SB 427 SR 490 SB 437 SR 492 SB 471 HB 886 SB 489 Senator Dean of the 31st moved that Senator Cheeks of the 23rd be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Cheeks was excused. Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Balfour Blitch Boshears Broun, 46th Brown, 26th Brush Burton Cagle Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson,D Johnson,E Kemp 186 JOURNAL OF THE SENATE Lamutt Ragan Land Ralston Langford Ray Madden Roberts Marable Scott Middleton Starr Oliver Stokes Price,R Streat Price.T Those not answering were: Tanksley Taylor Thomas.D Thomas.N Thompson Turner Tysinger Walker Abernathy Cheeks (excused) Bowen Perdue(PRS) Senator Walker of the 22nd led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Walker of the 22nd introduced the chaplain of the day, Reverend Roy Myles, Deliverance Baptist Church, Augusta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 565. By Senator Ragan of the llth: A resolution commending Larry Rawlins. SR 568. By Senators Gillis of the 20th, Marable of the 52nd, Starr of the 44th and others: A resolution commending Robert Cook, Georgia Artist of the Year. Senator Crotts of the 17th moved that the following bill be withdrawn from the Judiciary Committee and committed to the Public Safety Committee. SB 476. By Senators Crotts of the 17th, Dean of the 31st, Glanton of the 34th and others: A bill to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification as a defense to criminal prosecution, so as to provide for threats and use of force in defense of dwellings, places of business, and motor vehicles; to provide for criminal and civil immunity. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 476 was committed to the Public Safety Committee. The following local, uncontested bills of the Senate, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Monday, February 2, 1998 ELEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 417 Kemp, 3rd Boshears, 6th GLYNN COUNTY MONDAY, FEBRUARY 2, 1998 187 A bill to provide for the nonpartisan nomination and election of the clerk of the State Court of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date. SB 501 Lamutt, 21st Thompson, 33rd Tanksley, 32nd Clay, 37th Abernathy, 38th COBB COUNTY A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for related matters; to provide for an effective date. SB 502 Cagle, 49th HALL COUNTY CITY OF GAINESVILLE CITY OF BUFORD A bill to provide for an alternative 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 among the Hall County School District, City of Gainesville Independent School District, and the City of Buford Independent School District. 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: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle EX Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins James Y Johnson.D Y Johnson.E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Perdue(PRS) Y Price,R Y Price.T Y Ragan Y Ralston Ray Y Roberts Scott Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson 188 JOURNAL OP THE SENATE Y Turner Y Tysinger Walker On the passage of the local bills, the yeas were 49, nays 0. All the bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. SENATE RULES CALENDAR Monday, February 2, 1998 ELEVENTH LEGISLATIVE DAY SB 326 Pardons and Paroles, Corrections Employees-disability benefits (Substitute)(Ret-18th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on January 30, 1998.) SB 423 Claims Advisory Board-exclude certain small claims payments (Corr31st) SB 449 Pardons and Paroles Board-offenders pay fee to providers for services (Amendment )(Corr-31st) SR 481 DeKalb County-conveyance of certain state owned property (Amendment)(F&PU-41st) SR 488 Coffee County-conveyance of certain state owned property (F&PU-19th) SR 489 White County-conveyance of certain state owned property (F&PU-50th) SR 493 Baldwin County Property Conveyance-property under Juvenile Justice Department (F&PU-25th) SR 494 Baldwin County Property Conveyance-to Baldwin County Red Cross (F&PU-25th) SR 496 Baldwin County Property Conveyance-sale of houses and tracts (F&PU25th) SB 496 Land, Water and Wildlife Heritage Fund-create (Nat R-14th) SR 532 CA: Land, Water, and Wildlife Heritage Fund-create (Nat R-14th) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee Senator Gillis of the 20th assumed the Chair. The following general bill of the Senate, having been read the third time and final action suspended on January 30, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 326. By Senator Perdue of the 18th: A bill to amend Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability benefits payable to certain law enforcement officers MONDAY, FEBRUARY 2, 1998 189 disabled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal. The substitute offered by Senators Perdue of the 18th, Cheeks of the 23rd and Dean of the 31st on January 30, as it appears in the Journal of January 30, was automatically reconsidered. On the adoption of the substitute, the yeas were 38, nays 0, and the Perdue, et al. substitute was adopted. Senator Thompson of the 33rd moved that he be excused from voting on SB 326 pursuant to Senate Rule 175. On the motion, the yeas were 40, nays 0, and Senator Thompson was excused. The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Brush James Y Burton Y Johnson,D Y Cagle Y Johnson.E EX Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Gillis (PRS) Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 48, nays 0. Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Starr Y Stokes Y Streat Tanksley Y Taylor Y Thomas,D Y Thomas,N EX Thompson Y Turner Y Tysinger Walker The bill, having received the requisite constitutional majority, was passed by substitute. Senator Harbison of the 15th moved that Senator James of the 35th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator James was excused. Senator Perdue of the 18th, President Pro Tempore, assumed the Chair. The following general bills were read the third time and put upon their passage: SB 423. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Gillis of the 20th: A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain 190 JOURNAL OF THE SENATE small claims from payment by the Claims Advisory Board and the state department or agency affected. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson,D Y Cagle Y Johnson,E EX Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Perdue (PRS) On the passage of the bill, the yeas were 50, nays 0. Y Price,R Y Price,T Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 449. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and Streat of the 19th: A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to pardons and paroles, so as to provide that the State Board of Pardons and Paroles is authorized to require as a condition of relief that offenders pay directly to providers a reasonable fee for approved services and programs; to provide an effective date. The Senate Corrections, Correctional Institutions and Property Committee offered the following amendment: Amend SB 449 by striking from line 25 of page 1 the word "nonsectarian" and inserting in lieu thereof the following: "iiimbeitaiiaii any other". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: MONDAY, FEBRUARY 2, 1998 191 Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson.D Y Cagle Y Johnson.E EX Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Perdue (PRS) On the passage of the bill, the yeas were 52, nays 0. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed as amended. SR 481. By Senator Tysinger of the 41st: A resolution authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; to provide an effective date. Senator Tysinger of the 41st offered the following amendment: Amend SR 481 by adding on line 14 of page 2 between the word "County" and the word "by" the following: ", which shall not be required to comply with the provisions of subsection (f) of Code Section 36-60-13 of the O.C.G.A.,". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle EX Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins EX James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton 192 JOURNAL OF THE SENATE Y Oliver Y Roberts Y Thomas,D Perdue (PRS) Scott Y Thomas,N Y Price,R Y Starr Y Thompson Y Price.T Y Stokes Y Turner Y Ragan Y Streat Y Tysinger Y Ralston Y Tanksley Y Walker Y Ray Y Taylor On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. SR 488. By Senator Streat of the 19th: A resolution authorizing the conveyance of certain state owned real property located in Coffee County, Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Abernathy Y Griffin Y Price,R Y Balfour Y Guhl Y Price,T Y Blitch Y Harbison Y Ragan Y Boshears Y Henson Y Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Y Brown, 26th Y Huggins Y Scott Brush EX James Y Starr Y Burton Y Johnson,D Y Stokes Y Cagle Y Johnson,E Y Streat EX Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Perdue (PRS) On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The President assumed the Chair. SR 489. By Senator Middleton of the 50th: A resolution authorizing the conveyance of certain state owned real property located in White County, Georgia, to Sidney W. Shortt and Sherry E. Shortt and the acceptance of certain real property owned by Sidney W. Shortt and Sherry E. Shortt in consideration therefor; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. MONDAY, FEBRUARY 2, 1998 193 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Abernathy Y Griffin Y Price,R Y Balfour Y Guhl Y Price.T Y Blitch Y Harbison Y Ragan Y Boshears Y Henson Y Ralston Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Y Brown, 26th Y Huggins Y Scott Brush EX James Y Starr Y Burton Y Johnson,D Y Stokes Y Cagle Y Johnson,E Y Streat EX Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas.N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Perdue On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 493. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Abernathy Y Griffin Y Price,R Y Balfour Y Guhl Y Price,T Y Blitch Y Harbison Y Ragan Y Boshears Y Henson Y Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Y Brown, 26th Y Huggins Y Scott Y Brush EX James Y Starr Y Burton Y Johnson,D Y Stokes Y Cagle Y Johnson,E Y Streat EX Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Y Perdue On the adoption of the resolution, the yeas were 53, nays 0. 194 JOURNAL OF THE SENATE 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 following resolution of the Senate: SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others: A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection. The following resolution was read and adopted: SR 561. By Senator Ralston of the 51st: A resolution recognizing Mr. Bernie Hodgkins for his service to the youth of his community. Senator Ralston of the 51st introduced Mr. Bernie Hodgkins who addressed the Senate briefly. The Calendar was resumed. SR 494. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle EX Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins EX James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Langford Y Madden Y Marable Middleton Y Oliver Y Perdue Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Thomas,N Y Thompson MONDAY, FEBRUARY 2, 1998 195 Y Turner Y Tysinger Y Walker On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Crotts of the 17th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 29, nays 1; the motion prevailed, and Senator Ralston was excused. Senator Thompson of the 33rd moved that Senator Ray of the 48th be excused. On the motion, the yeas were 29, nays 2; the motion prevailed, and Senator Ray was excused. The Calendar was resumed. SR 496. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real properties located in Baldwin County, Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Price,R Balfour Y Guhl Y Price,T Y Blitch Y Harbison Y Ragan Y Boshears Y Henson EX Ralston Y Bowen Y Hill EX Ray Y Broun, 46th Y Hooks Y Roberts Y Brown, 26th Y Huggins Y Scott Y Brush EX James Y Starr Y Burton Y Johnson,D Y Stokes Y Cagle Y Johnson,E Y Streat EX Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Langford Thomas.N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Y Perdue On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 496. By Senators Hooks of the 14th, Clay of the 37th, Walker of the 22nd and others: A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to create the Land, Water, and Wildlife Heritage Fund; to provide for definitions; to provide for the administration of the heritage fund; to provide for authorized expenditures from the heritage fund; to provide for the funding of the heritage fund by an increase in the real estate transfer tax. 196 JOURNAL OF THE SENATE Senators Hooks of the 14th and Egan of the 40th offered the following amendment : Amend SB 496 by striking on line 19 of page 3 the words "one-half of, and by striking on line 20 of page 3 the word "proceeds", and by inserting on line 19 of page 3 following the word "from" the words "any increase in", and by inserting on line 20 of page 3 before the word "of" the word "rate" On the adoption of the amendment, the yeas were 39, nays 1, and the Hooks, Egan 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: Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Boshears Y Harbison Y Henson Bowen Y Broun, 46th Y Hill Y Hooks Y Brown, 26th Y Huggins Y Brush Y Burton EX James Y Johnson.D Y Cagle EX Cheeks Y Clay Y Johnson,E Y Kemp Y Lamutt Y Crotts Y Dean Y Egan Y Land Langford Y Madden Y Fort Y Gillis N Glanton Y Gochenour Y Marable Y Middleton Y Oliver Y Perdue On the passage of the bill, the yeas were 51, nays 1. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger The bill, having received the requisite constitutional majority, was passed as amended. SR 532. By Senators Hooks of the 14th, Clay of the 37th, Walker of the 22nd and others: A RESOLUTION Proposing an amendment to the Constitution so as to require the General Assembly to provide by law for the creation of a Land, Water, and Wildlife Heritage Fund from which funds shall be disbursed for the purpose of acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats; to provide for payments into the fund; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: MONDAY, FEBRUARY 2, 1998 197 SECTION 1. Article III, Section DC, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (k) to read as follows: "(k) The General Assembly is required to provide by law for the creation of a Land, Water, and Wildlife Heritage Fund from which funds shall be disbursed for the purpose of acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats. The General Assembly shall provide by law for a portion of the moneys derived from the real estate transfer tax to be transferred to the fund. The General Assembly shall also provide by general law for the dedication and deposit into the fund of revenues raised from specific sources for the purposes of the fund. The General Assembly shall appropriate moneys to such fund and such moneys paid into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to lapsing of funds, or of Article VII, Section III, Paragraph II, relative to funds paid into the state treasury." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to require the General Assembly to provide by law for the creation of a Land, Water, and Wildlife Heritage Fund from which funds shall be disbursed for the purpose of acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats?" 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 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: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle EX Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis N Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins EX James Johnson.D Y Johnson.E Y Kemp Y Lamutt Y Land Langford Y Madden Y Marable Y Middleton Y Oliver Y Perdue Y Price,R Y Price,T Y Ragan Y Ralston 198 JOURNAL OF THE SENATE Y Ray Y Streat Y Thompson Y Roberts Y Tanksley Y Turner Y Scott Y Taylor Y Tysinger Y Starr Y Thomas.D Y Walker Y Stokes Y Thomas,N On the adoption of the resolution, the yeas were 51, nays 1. The resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 338. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to provide that the surviving spouse of a member of such pension fund who is vested but not yet retired shall be entitled to receive a pension benefit; to provide a survivor's option in the event of the death of any such member not survived by a spouse. The following resolution was taken up to consider House action thereto: SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others: A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection. The House substitute to SR 463 was as follows: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the authority and the duty to limit by law the powers of the State Board of Pardons and Paroles, so that persons convicted of crimes to be specified by the General Assembly which are committed on or after July 1, 1999, shall be rendered ineligible for parole and may be rendered ineligible for any or all other forms of executive clemency; 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, Section II, Paragraph II of the Constitution is amended by inserting at the end thereof a new subparagraph (f) to read as follows: "(f) The General Assembly shall have the authority and the duty to limit by law the powers of the State Board of Pardons and Paroles, so that persons convicted of crimes to be specified by the General Assembly which are committed on or after July 1, 1999, MONDAY, FEBRUARY 2, 1998 199 shall be rendered ineligible for parole and may be rendered ineligible for any or all other forms of executive clemency." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the General Assembly shall have the authority and the duty to limit by law the powers of the State Board of Pardons and Paroles, so that persons convicted of crimes to be specified by the General Assembly which are committed on or after July 1, 1999, shall be rendered ineligible for parole and may be rendered ineligible for any or all other forms of executive clemency?" 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. Senator Perdue of the 18th moved that the Senate agree to the House substitute. On the motion, a roll call was taken, and the vote was as follows: Y Abernathy N Balfour Y Blitch Y Griffin N Guhl Y Harbison N Price.R N Price.T Y Ragan N Boshears Y Henson N Ralston Y Bowen Y Hill N Ray Y Broun, 46th N Brown, 26th N Brush Y Hooks Y Huggins EX James N Roberts Y Scott Y Starr N Burton Y Johnson,D Y Stokes N Cagle EX Cheeks N Clay N Crotts N Johnson,E Y Kemp N Lamutt N Land Y Streat N Tanksley Y Taylor N Thomas,D Y Dean Y Langford Y Thomas,N N Egan Y Madden Y Thompson N Fort Y Gillis N Glanton Y Marable Y Middleton Y Oliver Y Turner N Tysinger Y Walker N Gochenour Y Perdue On the motion, the yeas were 30, nays 24; the motion lost, and the Senate did not agree to the House substitute to SR 463. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: 200 JOURNAL OF THE SENATE The House has passed by the requisite constitutional majority the following bills of the House: HB 464. By Representatives Buck of the 135th, Barnes of the 33rd, Coleman of the 142nd and others: A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to increase the retirement benefits; to provide that the retirement benefits of a retired member who selected a spouse's survivor option and whose spouse predeceases him or her shall be increased. HB 1081. By Representative Cummings of the 27th: A bill to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, so as to provide that upon the death of a designated recipient of continued benefits as elected by a retired member, the retired member may cancel the previous election and begin receiving a regular benefit. HB 571. By Representative Lee of the 94th: A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide that the board of trustees of such retirement system may grant post retirement benefit increases under certain circumstances. Serving as doctor of the day, was Dr. Hugh Smission of Macon, Georgia. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 12:56 P.M. the President announced the Senate adjourned. TUESDAY, FEBRUARY 3, 1998 201 Senate Chamber, Atlanta, Georgia Tuesday, February 3, 1998 Twelfth 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 Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1439. By Representative Channell of the lllth: A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Oglethorpe County. HB 1443. By Representatives Yates of the 106th and Sanders of the 107th: A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the residency requirements with respect to candidates for membership on the board. HB 1164. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th and others: A bill to provide that persons who have been found to have committed a serious violent felony shall not be afforded first offender treatment; to provide for legislative findings; to amend Article 1 of 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 that provisions relating to probation of first offenders shall not be available to any person upon a verdict or plea of guilty to a serious violent felony. HB 1419. By Representatives Walker of the 141st, Lee of the 94th, Reichert of the 126th and others: A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, by repealing Part 1, relating to the Georgia Sports Hall of Fame, in its entirety; to amend Part 12 of Article 7 of Chapter 3 of Title 12, relating to the Sports Hall of Fame Authority, so as to change the provisions relating to the membership of the authority and terms of office of members. HB 1222. By Representatives Martin of the 47th, Murphy of the 18th, Irvin of the 45th and others: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospitals and other health care facilities, so as to change an exception to provisions for payments for 202 JOURNAL OF THE SENATE medical education to certain hospital authorities and designated teaching hospitals. HB 1307. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th and others: A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to change the provisions relating to reporting of persons hired or returning to work. HB 1169. By Representative Murphy of the 18th: A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to prohibit taxing costs of prosecution and assessing any other penalties, fees, or surcharges in addition to a fine against a person convicted of the offense of failure to wear a seat safety belt. HB 1209. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th: A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to the detention or embargo of adulterated or misbranded food. HB 1212. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th: A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to change the provisions relating to the membership of the State Structural Pest Control Commission. HB 1211. By Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th: A bill to amend Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the provisions relating to breach of the conditions of the bond of a dealer in agricultural products and the provisions relating to breach of the conditions of the bond of a grain dealer. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 813. By Representatives Barnes of the 33rd and Murphy of the 18th: A resolution honoring Honorable George T. Smith and designating a portion of Georgia Highways 112 and 93 as the "George T. Smith Highway". The following bills were introduced, read the first time and referred to committees: SB 563. By Senators Oliver of the 42nd and Langford of the 29th: A bill to amend Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to judicial sales, so as to provide that advertisements for judicial sales of real property shall include the legal description of the property; to repeal a provision requiring such ads to include the street address. TUESDAY, FEBRUARY 3, 1998 203 Referred to Committee on Judiciary. SB 564. By Senator Brush of the 24th: A bill to provide a new charter for the City of Grovetown; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority. Referred to Committee on State and Local Governmental Operations. SB 565. By Senators Hill of the 4th, Marable of the 52nd and Oliver of the 42nd: A bill to amend Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to student program counts, so as to change the provisions regarding program counts for students in the program established in Code Section 20-2-161.1. Referred to Committee on Education. SB 566. By Senators Hill of the 4th, Thomas of the 54th, Madden of the 47th and Middleton of the 50th: A bill to amend Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to the automatic defibrillator program, so as to provide for easier public access to automated external defibrillators; to provide an effective date. Referred to Committee on Health and Human Services. SB 567. By Senator Thompson of the 33rd: A bill to amend Code Section 36-1-19.1 of the Official Code of Georgia Annotated, relating to appropriations for charitable grants or contributions in counties having a population of 400,000 or more, so as to authorize charitable grants or contributions by authorities established by the governing authority of any such county. Referred to Committee on State and Local Governmental Operations (General). The following bills were read the first time and referred to committees: HB 338. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to provide that the surviving spouse of a member of such pension fund who is vested but not yet retired shall be entitled to receive a pension benefit; to provide a survivor's option in the event of the death of any such member not survived by a spouse. Referred to Committee on Retirement. HB 464. By Representatives Buck of the 135th, Barnes of the 33rd, Coleman of the 142nd and Banner of the 159th: A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to increase the retirement benefits; to provide that the 204 JOURNAL OF THE SENATE retirement benefits of a retired member who selected a spouse's survivor option and whose spouse predeceases him or her shall be increased. Referred to Committee on Retirement. HB 571. By Representative Lee of the 94th: A bill to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide that the board of trustees of such retirement system may grant post retirement benefit increases under certain circumstances. Referred to Committee on Retirement. HB 1081. By Representative Cummings of the 27th: A bill to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, so as to provide that upon the death of a designated recipient of continued benefits as elected by a retired member, the retired member may cancel the previous election and begin receiving a regular benefit. Referred to Committee on Retirement. HB 1164. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th and others: A bill to provide that persons who have been found to have committed a serious violent felony shall not be afforded first offender treatment; to provide for legislative findings; to amend Article 1 of 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 that provisions relating to probation of first offenders shall not be available to any person upon a verdict or plea of guilty to a serious violent felony. Referred to Committee on Judiciary. HB 1169. By Representative Murphy of the 18th: A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to prohibit taxing costs of prosecution and assessing any other penalties, fees, or surcharges in addition to a fine against a person convicted of the offense of failure to wear a seat safety belt. Referred to Committee on Judiciary. HB 1209. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th: A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to change the provisions relating to the detention or embargo of adulterated or misbranded food. Referred to Committee on Consumer Affairs. HB 1211. By Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th: TUESDAY, FEBRUAEY 3, 1998 205 A bill to amend Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the provisions relating to breach of the conditions of the bond of a dealer in agricultural products and the provisions relating to breach of the conditions of the bond of a grain dealer. Referred to Committee on Agriculture. HB 1212. By Representatives Purcell of the 147th, Reaves of the 178th and Floyd of the 138th: A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to change the provisions relating to the membership of the State Structural Pest Control Commission. Referred to Committee on Consumer Affairs. HB 1222. By Representatives Martin of the 47th, Murphy of the 18th, Irvin of the 45th and others: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospitals and other health care facilities, so as to change an exception to provisions for payments for medical education to certain hospital authorities and designated teaching hospitals. Referred to Committee on Health and Human Services. HB 1307. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th and others: A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to change the provisions relating to reporting of persons hired or returning to work. Referred to Committee on Judiciary. HB 1419. By Representatives Walker of the 141st, Lee of the 94th, Reichert of the 126th and others: A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, by repealing Part 1, relating to the Georgia Sports Hall of Fame, in its entirety; to amend Part 12 of Article 7 of Chapter 3 of Title 12, relating to the Sports Hall of Fame Authority, so as to change the provisions relating to the membership of the authority and terms of office of members. Referred to Committee on Economic Development, Tourism and Cultural Affairs. HB 1439. By Representative Channell of the lllth: A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Oglethorpe County. Referred to Committee on State and Local Governmental Operations. HB 1443. By Representatives Yates of the 106th and Sanders of the 107th: 206 JOURNAL OF THE SENATE A bill to amend an Act creating a board of commissioners of Spalding County, so as to change the residency requirements with respect to candidates for membership on the board. Referred to Committee on State and Local Governmental Operations. HR 813. By Representatives Barnes of the 33rd and Murphy of the 18th: A resolution honoring Honorable George T. Smith and designating a portion of Georgia Highways 112 and 93 as the "George T. Smith Highway". Referred to Committee on Transportation. The following committee reports were read by the Secretary: Mr. President: The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 482. Do pass. SB 500. Do pass. SB 537. Do pass by substitute. HB 1180. Do pass. Respectfully submitted, Senator Henson of the 55th District, Chairman Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 426. Do pass. SR 474. Do pass. Respectfully submitted, Mr. President: Senator Harbison of the 15th District, Chairman The Committee on Health and Human Services 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 531. Do pass by substitute. SB 533. Do pass by substitute. HB 1131. Do pass. Respectfully submitted, Mr. President: Senator Middleton of the 50th District, Chairman The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 510. Do pass. Respectfully submitted, Mr. President: Senator Oliver of the 42nd District, Chairman TUESDAY, FEBRUARY 3, 1998 207 The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 446. Do pass by substitute. SB 481. Do pass by substitute. SB 514. Do pass. HB 844. Do pass. Respectfully submitted, Mr. President: Senator Gillis of the 20th District, Chairman The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 525. Do pass as amended. Respectfully submitted, Senator Egan of the 40th District, Chairman The following bill and resolution were read the second time: SB 517 SR 535 The President called for the morning roll call, and the following Senators answered to their names: Abernathy Griffin Balfour Harbison Blitch Henson Boshears Hooks Bowen Huggins Broun, 46th James Brown, 26th Johnson,D Brush Johnson,E Burton Kemp Cagle Lamutt Cheeks Land Crotts Langford Dean Madden Egan Marable Fort Middleton Gillis Oliver Glanton Perdue Gochenour Price,R Those not answering were: Price,T Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas,D Thomas,N Thompson Turner Tysinger Walker Clay Guhl Hill The following resolution was read and adopted: SR 571. By Senators Balfour of the 9th and Burton of the 5th: A resolution commending the Parkview High School Panthers football team. Senators Burton of the 5th and Balfour of the 9th, introduced the Parkview High School Football Team and Coaching Staff, commended by SR 571. 208 JOURNAL OF THE SENATE Senator Dean of the 31st introduced the Paulding County Homebuilders, commended by SR 471, adopted previously. Senator Hill of the 4th introduced Peace Officers of the Year, Deputy Sheriff Henry "Bo" Huff, and Trooper First Class Grant G. Rowe, commended by SR 549 and SR 550 adopted previously, who addressed the Senate briefly. The following resolution was read and adopted: SR 574. By Senators Perdue of the 18th, Gillis of the 20th, Oliver of the 42nd and others: A resolution expressing regret at the passing of Roberto Crispulo Goizueta and honoring his legacy. The Lieutenant Governor and Senator Perdue of the 18th introduced Mrs. Roberto Goizueta, widow of the late CEO of the Coca Cola Company, who addressed the Senate briefly. The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Glanton of the 34th introduced the chaplain of the day, Pastor Robert Rutherford of Rock Fellowship Ministries in Lithia Springs, Georgia, who offered scripture reading and prayer. Senator Guhl of the 45th introduced representatives of the Georgia Horticulture Trade Alliance, commended by SR 554, adopted previously. Doug Smith addressed the Senate briefly. The following resolutions were read and adopted: SR 569. By Senator Dean of the 31st: A resolution recognizing and commending the Paulding County Chamber of Commerce. SR 570. By Senator Ralston of the 51st: A resolution commending and honoring the Ellijay Apple Marketing Association and its member apple growers. SR 572. By Senators Balfour of the 9th and Burton of the 5th: A resolution commending the Parkview High School Panthers football team. SR 573. By Senator Kemp of the 3rd: A resolution expressing regrets at the passing of Monica Dionne Woods. SR 575. By Senators Tanksley of the 32nd, Thompson of the 33rd, Clay of the 37th and Lamutt of the 21st: A resolution recognizing and commending the City of Smyrna. Senator Ragan of the llth moved that the following bill be withdrawn from the Committee on Special Judiciary and committed to the Committee on Agriculture: SB 544. By Senators Ragan of the llth, Streat of the 19th, Guhl of the 45th and others: TUESDAY, FEBRUARY 3, 1998 209 A bill to amend Code Section 10-4-19 of the Official Code of Georgia Annotated, relating to state licensed and bonded warehouses, required warehouse receipts, and use of electronic warehouse receipts, so as to change the provisions relating to electronic warehouse receipt providers. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 544 was committed to the Committee on Agriculture. SENATE RULES CALENDAR Tuesday, February 3, 1998 TWELFTH LEGISLATIVE DAY SB 55 Health Insurance-cover diabetes out-patient training, equipment, supplies (SubstituteXI&L-lOth) SB 484 Parks, Recreational Areas-permit to enter when required (Nat R-20th) SB 486 SB 79 SB 420 Water Systems Serving Less than 10,000 Persons-civil penalties for violations (AmendmentXNat R-20th) Teachers Retirement-credit for forfeited annual, sick leave (Ret-llth) Southern Dairy Compact-enactment, compacts (Substitute)(Ag-25th) SB 427 SB 437 SB 522 Carrying Weapons, Certain Places-State Patrol, GBI retirees (SubstituteXPub Saf-44th) State Government-relating to competitive bidding (ST&I-41st) Telecommunications Company-customer authorization for certain changes (Amendment)(F&PU-22nd) SR 492 Agriculture-urge Secretary and Congress declare Georgia agricultural disaster area (Ag-llth) Respectfully submitted, lal Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 55. By Senators Thomas of the 10th, Griffin of the 25th, Johnson of the 2nd and others: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to require individual and group health insurance policies, group health plans or policies, and all other forms of managed or capitated care plans or policies to provide insurance coverage for diabetes outpatient self-management training and diabetes equipment and supplies. The Senate Insurance and Labor Committee offered the following substitute to SB 55: 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 210 JOURNAL OF THE SENATE as to require individual major medical and group health insurance policies, group health plans or policies, and all other forms of managed or capitated care plans or policies to offer insurance coverage for medically necessary diabetes outpatient self-management training and diabetes equipment, supplies, and pharmacologic agents; to provide for enforcement by the Commissioner of Insurance; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 at the end thereof a new Code Section 33-24-59.1 to read as follows: "33-24-59.1. (a) On or after July 1, 1998, every individual major medical and group health insurance policy, group health insurance plan or policy, and any other form of managed or capitated care plans or policies shall offer coverage for medically necessary equipment, supplies, pharmacologic agents, and outpatient self-management training and education, including medical nutrition therapy, for individuals with insulin-dependent diabetes, insulin-using diabetes, gestational diabetes, and noninsulin-using diabetes as prescribed by a physician licensed to practice medicine pursuant to Title 43. (b)(l) Diabetes outpatient self-management training and education as provided for in subsection (a) of this Code section shall be provided by a certified, registered, or licensed health care professional with expertise in diabetes. (2) The Department of Human Resources shall adopt rules and regulations establishing standards for diabetes outpatient self-management training and educational services for purposes of this Code section in accordance with standards established by the American Diabetes Association. (c) The benefits provided in this Code section shall be subject to the same annual deductibles or coinsurance established for all other covered benefits within a given policy. (d) Private third-party payors may not reduce or eliminate coverage due to the requirements of this Code section. (e) Enforcement of the provisions of this Code section shall be performed by the Commissioner of Insurance." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Thomas of the 10th offered the following amendment: Amend the Senate Insurance and Labor Committee substitute to SB 55 by striking on line 6 of page 1 the word "offer" and inserting in lieu thereof the word "provide". By striking on line 23 of page 1 the word "offer" and inserting in lieu thereof the word "provide". By striking lines 3 through 8 on page 2 and inserting in lieu thereof the following: "(2) The office of the Commissioner of Insurance shall promulgate rules and regulations which conform to the current standards for diabetes outpatient self-manage- TUESDAY, FEBRUARY 3, 1998 211 ment training and educational services established by the American Diabetes Association for purposes of this Code section." Senator Langford of the 29th offered the following amendment: Amend the Thomas of the 10th amendment to the committee substitute by striking lines 3 through 7. And by adding on line 11 after the word "regulations" the following: "after consultation with the Department of Human Resources" On the adoption of the amendment, the President ordered a roll call and the vote was as follows: N Abernathy N Griffin Y Price,R Y Balfour Y Guhl Y Price,T Y Blitch Y Harbison Y Ragan Y Boshears Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton Y Cagle N Cheeks Y Clay Y Crotts Y Dean Y Egan N Fort Y Henson Y Hill Y Hooks Y Huggins N James Y Johnson,D Y Johnson.E Y Kemp Y Lamutt Y Land Y Langford N Madden N Marable Y Ralston Y Ray Y Roberts N Scott Y Starr N Stokes N Streat Y Tanksley Y Taylor Y Thomas,D N Thomas,N Y Thompson Y Gillis Y Middleton Y Turner Y Glanton N Oliver Y Tysinger Y Gochenour Y Perdue N Walker On the adoption of the amendment, the yeas were 42, nays 14, and the Langford amendment to the Thomas of the 10th amendment to the committee substitute was adopted. On the adoption of the Thomas of the 10th amendment, as amended, the President ordered a roll call, and the vote was as follows: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins Y James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Y Perdue Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat 212 JOURNAL OF THE SENATE Y Tanksley Y Thomas.N Y Tysinger Y Taylor Y Thompson Y Walker Y Thomas,D Y Turner On the adoption of the amendment, the yeas were 55, nays 0; and the Thomas of the 10th amendment to the committee substitute was adopted as amended. On the adoption of the committee substitute, the yeas were 40, nays 0, and the committee 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: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James Y Burton Johnson,D Y Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue PRS On the passage of the bill, the yeas were 55, nays 0. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill having received the requisite constitutional majority, was passed by substitute. Senator Middleton of the 50th introduced the doctor of the day, Dr. Kathy Easterling, of Clayton, Georgia. At 12:06 P.M., the President announced that the Senate would stand in recess until 1:30 P.M. At 1:30 P.M., Senator Perdue of the 18th, President Pro Tempore, called the Senate to order. Senator Scott of the 36th moved that Senator Dean of the 31st be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Dean was excused. The Calendar was resumed. SB 484. By Senators Gillis of the 20th, Huggins of the 53rd, Egan of the 40th and others: A bill to amend Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to change a cer- TUESDAY, FEBRUARY 3, 1998 213 tain date applicable to criminal enforcement of regulations; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic sites, and recreational areas, so as to provide that persons may not enter areas requiring permits without such a permit. The report of the committee which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Abernathy Y Griffin Y Balfour Y Guhl Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Broun, 46th Y Hooks Brown, 26th Y Huggins Brush James Burton Y Johnson,D Cagle Johnson,E Cheeks Kemp Y Clay Y Lamutt Y Crotts Y Land EX Dean Langford Y Egan Madden Fort Y Marable Y Gillis Middleton N Glanton Y Oliver Y Gochenour Perdue PRS On the passage of the bill, the yeas 32, nays 1. Price,R Y Price.T Ragan Ralston Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Thomas,N Y Thompson Y Turner Y Tysinger Walker The bill, having received the requisite constitutional majority, was passed. SB 486. By Senators Gillis of the 20th, Huggins of the 53rd, Egan of the 40th and others: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to provide for the imposition of civil penalties upon public water systems serving fewer than 10,000 persons, respectively, for certain violations and for the negligent or intentional failure or refusal to comply with final orders issued by the director of the Environmental Protection Division of the Department of Natural Resources. The Senate Natural Resources Committee offered the following amendment: Amend SB 486 by striking lines 2 through 4 of page 2 and inserting in lieu thereof the following: "penalty not to exceed $1,000.00 for such the first day of each violation and an a subsequent additional civil penalty not to exceed $500.00 per violation for each additional day during which the violation". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. 214 JOURNAL OF THE SENATE 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: N Abernathy Y Griffin Y Balfour Y Guhl Blitch Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Brush James Y Burton Y Johnson.D Y Cagle Y Johnson,E Y Cheeks Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Langford Y Egan Madden N Fort Y Marable Y Gillis Y Middleton N Glanton Y Oliver Y Gochenour Perdue PRS On the passage of the bill, the yeas were 39, nays 4 Price,R Y Price.T Y Ragan Y Ralston Ray Y Roberts Y Scott Y Starr N Stokes Streat Y Tanksley Y Taylor Y Thomas,D Thomas,N Y Thompson Y Turner Y Tysinger Walker The bill, having received the requisite constitutional majority, was passed as amended. SB 79. By Senators Ragan of the llth, Starr of the 44th, Streat of the 19th and others: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement in the Teachers Retirement System of Georgia, so as to provide for creditable service for forfeited annual and sick leave; to provide conditions for an effective date and automatic repeal. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis N Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Perdue(PRS) TUESDAY, FEBRUARY 3, 1998 215 Y Price,R Y Scott Y Price.T Y Starr Y Ragan Y Stokes Y Ralston Y Streat Y Ray Y Tanksley Y Roberts Y Taylor On the passage of the bill, the yeas were 53, nays 1. Y Thomas.D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority was passed. Senator Harbison of the 15th moved that Senator Fort of the 39th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Fort was excused. Senator Walker of the 22nd moved that Senator Thomas of the 10th be excused. On the motion, the yeas were 41, nays 0; the motion prevailed, and Senator Thomas was excused. The Calendar was resumed. SB 420. By Senators Griffin of the 25th, Ragan of the llth, Bowen of the 13th and others: A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact into law the Southern Dairy Compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining in the compact; to provide for the appointment, terms, duties, powers, per diem, expenses, and vacancies of members of the state's delegation to the Southern Dairy Compact Commission. The Senate Committee on Agriculture offered the following substitute to SB 420: A BILL To be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact into law the Southern Dairy Compact and provide for the entry into the compact by the State of Georgia together with all other jurisdictions legally joining in the compact; to provide for the appointment, terms, duties, powers, per diem, expenses, and vacancies of members of the state's delegation to the Southern Dairy Compact Commission; to provide for funds; to provide for obtaining and use of information; to provide for rules and regulations; to provide for enforcement and penalties; to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursement of expenses, so as to provide for expense allowance and travel cost reimbursement for members of the delegation from the State of Georgia to the Southern Dairy Compact Commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end of said title a new Chapter 17 to read as follows: 2-17-1. "CHAPTER 17 The Southern Dairy Compact is enacted into law and entered into by the State of Georgia with all other jurisdictions legally joining therein. The full text of said compact is as follows: 216 JOURNAL OF THE SENATE 'SOUTHERN DAIRY COMPACT ARTICLE I. STATEMENT OF PURPOSE, FINDINGS, AND DECLARATION OF POLICY Section 1. Statement of purpose, findings, and declaration of policy. The purpose of this compact is to recognize the interstate character of the southern dairy industry and the prerogative of the states under the United States Constitution to form an interstate commission for the southern region. The mission of the commission is to take such steps as are necessary to assure the continued viability of dairy farming in the south, and to assure consumers of an adequate, local supply of pure and wholesome milk. The participating states find and declare that the dairy industry is an essential agricultural activity of the south. Dairy farms, and associated suppliers, marketers, processors, and retailers, are an integral component of the region's economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region. The participating states further find that dairy farms are essential, and they are an integral part of the region's rural communities. The farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities. In establishing their constitutional regulatory authority over the region's fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle. Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued. In that event, the interstate commission is authorized to regulate the marketplace in replacement of the wder system. This contingent authority does not anticipate such a change, however, and should not be so construed. It is only provided should developments in the market other than establishment of this compact result in discontinuance of the order system. By entering into this compact, the participating states affirm that their ability to regulate the price which southern dairy farmers receive for their product is essential to the public interest. Assurance of a fair and equitable price for dairy farmers ensures their ability to provide milk to the market and the vitality of the southern dairy industry, with all the associated benefits. Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the southern dairy region. Historically, individual state regulatory action had been an effective emergency remedy available to farmers confronting a distressed market. The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices paid to producers for raw milk, without preempting the power of states to regulate milk prices above the minimum levels so established. In today's regional dairy marketplace, cooperative, rather than individual state action is needed to more effectively address the market disarray. Under our constitutional system, properly authorized states acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to TUESDAY, FEBRUARY 3, 1998 217 act in common agreement, with the consent of Congress, under the compact clause of the Constitution. ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION Section 2. Definitions. For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context: (1) "Class I milk" means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in subdivision (b) of Section 3. (2) "Commission" means the Southern Dairy Compact Commission established by this compact. (3) "Commission marketing order" means regulations adopted by the commission pursuant to Sections 9 and 10 of this compact in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. Such order may establish minimum prices for any or all classes of milk. (4) "Compact" means this interstate compact. (5) "Compact over-order price" means a minimum price required to be paid to producers for Class I milk established by the commission in regulations adopted pursuant to Sections 9 and 10 of this compact, which is above the price established in federal marketing orders or by state farm price regulation in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. (6) "Milk" means the lacteal secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. The term is used in its broadest sense and may be further defined by the commission for regulatory purposes. (7) "Partially regulated plant" means a milk plant not located in a regulated area but having Class I distribution within such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein. (8) "Participating state" means a state which has become a party to this compact by the enactment of concurring legislation. (9) "Pool plant" means any milk plant located in a regulated area. (10) "Region" means the territorial limits of the states which are parties to this compact. (11) "Regulated area" means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order. (12) "State dairy regulation" means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order, or otherwise. Section 3. Rules of construction. (a) This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be 218 JOURNAL OF THE SENATE construed to provide the commission the option to replace them with one or more commission marketing orders pursuant to this compact. (b) This compact shall be construed liberally in order to achieve the purposes and intent enunciated in Section 1. It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation, and development of the regulatory techniques historically associated with milk marketing and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes. ARTICLE III. COMMISSION ESTABLISHED Section 4. Commission established. There is hereby created a commission to administer the compact, composed of delegations from each state in the region. The commission shall be known as the Southern Dairy Compact Commission. A delegation shall include not less than three nor more than five persons. Each delegation shall include at least one dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in, the appointing state. Delegation members shall serve no more than three consecutive terms with no single term of more than four years, and be subject to removal for cause. In all other respects, delegation members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission. Section 5. Voting requirements. All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment, or rescission of the commission's by-laws, shall be by majority vote of the delegations present. Each state delegation shall be entitled to one vote in the conduct of the commission's affairs. Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission's business. Section 6. Administration and management. (a) The commission shall elect annually from among the members of the participating state delegations a chairperson, a vice-chairperson, and a treasurer. The commission shall appoint an executive director and fix his or her duties and compensation. The executive director shall serve at the pleasure of the commission, and, together with the treasurer, shall be bonded in an amount determined by the commission. The commission may establish through its by-laws an executive committee composed of one member elected by each delegation. TUESDAY, FEBRUARY 3, 1998 219 (b) The commission shall adopt by-laws for the conduct of its business by a twothirds vote and shall have the power by the same vote to amend and rescind these by-laws. The commission shall publish its by-laws in convenient form with the appropriate agency or officer in each of the participating states. The by-laws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states. (c) The commission shall file an annual report with the Secretary of Agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture. (d) In addition to the powers and duties elsewhere prescribed in this compact, the commission shall have the power: (1) To sue and be sued in any state or federal court; (2) To have a seal and alter the same at pleasure; (3) To acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes; (4) To borrow money and to issue notes, to provide for the rights of the holders thereof, and to pledge the revenue of the commission as security therefor, subject to the provisions of Section 18 of this compact; (5) To appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties, and qualifications; and (6) To create and abolish such offices, employments, and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The commission may also retain personal services on a contract basis. Section 7. Rulemaking power. In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact. ARTICLE IV. POWERS OF THE COMMISSION Section 8. Powers to promote regulatory uniformity, simplicity, and interstate cooperation. The commission is hereby empowered to: (1) Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region. (2) Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and to prepare estimates of cost savings and benefits of such programs. 220 JOURNAL OF THE SENATE (3) Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems. Conduct symposia or conferences designed to improve industry relations, or a better understanding of problems. (4) Prepare and release periodic reports on activities and results of the commission's efforts to the participating states. (5) Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve, or promote more efficient assembly and distribution of milk. (6) Investigate costs and charges for producing, hauling, handling, processing, distributing, selling, and for all other services performed with respect to milk. (7) Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms. Section 9. Equitable farm prices. (a) The powers granted in this section and Section 10 shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article shall authorize the commission to establish one or more commission marketing orders, as herein provided, in the region or parts thereof as defined in the order. (b) A compact over-order price established pursuant to this section shall apply only to Class I milk. Such compact over-order price shall not exceed one dollar and fifty cents per gallon at Atlanta, Ga., however, this compact over-order price shall be adjusted upward or downward at other locations in the region to reflect differences in minimum federal order prices. Beginning in 1990, and using that year as a base, the foregoing one dollar and fifty cents per gallon maximum shall be adjusted annually by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the commission may prescribe in regulations. (c) A commission marketing order shall apply to all classes and uses of milk. (d) The commission is hereby empowered to establish a compact over-order price for milk to be paid by pool plants and partially regulated plants. The commission is also empowered to establish a compact over-order price to be paid by all other handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order price or by one or more commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession, or any other factors not related to the purposes of the regulation and TUESDAY, FEBRUARY 3, 1998 221 this compact. Producer-handlers as defined in an applicable federal market order shall not be subject to a compact over-order price. The commission shall provide for similar treatment of producer-handlers under commission marketing orders. (e) In determining the price, the commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including, but not limited to, the price of feed, the cost of labor including the reasonable value of the producer's own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public, and the price necessary to yield a reasonable return to the producer and distributor. (f) When establishing a compact over-order price, the commission shall take such other action as is necessary and feasible to help ensure that the over-order price does not cause or compensate producers so as to generate local production of milk in excess of those quantities necessary to assure consumers of an adequate supply for fluid purposes. (g) The commission shall whenever possible enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The commission may reimburse other agencies for the reasonable cost of providing these services. Section 10. Optional provisions for pricing order. Regulations establishing a compact over-order price or a commission marketing order may contain, but shall not be limited to, any of the following: (1) Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program. (2) With respect to a commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the commission, or a single minimum price for milk purchased from producers or associations of producers. (3) With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk. (4) Provisions for establishing either an over-order price or a commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials and for competitive credits with respect to regulated handlers who market outside the regulated area. (5) Provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them. (A) With respect to regulations establishing a compact over-order price, the commission may establish one equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area. (B) With respect to any commission marketing order, as defined in Section 2, subdivision (9), which replaces one or more terminated federal orders or state dairy regulations, the marketing area of now separate state or federal orders 222 JOURNAL OF THE SENATE shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area. (6) Provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact overorder price or commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or commission marketing order. (7) Provisions specially governing the pricing and pooling of milk handled by partially regulated plants. (8) Provisions requiring that the account of any person regulated under the compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area. (9) Provision requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to Article VII, Section 18(a). (10) Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Pood Program of the United States Child Nutrition Act of 1966. (11) Other provisions and requirements as the commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers. ARTICLE V. RULEMAKING PROCEDURE. Section 11. Rulemaking procedure. Before promulgation of any regulations establishing a compact over-order price or commission marketing order, including any provision with respect to milk supply under subsection 9(f), or amendment thereof, as provided in Article IV, the commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. Sec. 553). In addition, the commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing. The commission may commence a rulemaking proceeding on its own initiative or may in its sole discretion act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials. Section 12. Findings and referendum. TUESDAY, FEBRUARY 3, 1998 223 (a) In addition to the concise general statement of basis and purpose required by section 4(b) of the Federal Administrative Procedure Act, as amended (5 U.S.C. Sec. 553 (c)), the commission shall make findings of fact with respect to: (1) Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under Article IV. (2) What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes. (3) Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order. (4) Whether the terms of the proposed regional order or amendment are approved by producers as provided in Section 13. Section 13. Producer referendum. (a) For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a commission marketing order, including any provision with respect to milk supply under subsection 9(f), is approved by producers, the commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the commission. The terms and conditions of the proposed order or amendment shall be described by the commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto. (b) An order or amendment shall be deemed approved by producers if the commission determines that it is approved by at least two-thirds of the voting producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment. (c) For purposes of any referendum, the commission shall consider the approval or disapproval by any cooperative association of producers, qualified under the provisions of the Act of Congress of February 18, 1922, as amended, known as the Capper-Volstead Act, bona fide engaged in marketing milk, or in rendering services for or advancing the interests of producers of such commodity, as the approval or disapproval of the producers who are members or stockholders in, or under contract with, such cooperative association of producers, except as provided in subdivision (1) hereof and subject to the provisions of subdivision (2) through (5) hereof. (1) No cooperative which has been formed to act as a common marketing agency for both cooperatives and individual producers shall be qualified to block vote for either. (2) Any cooperative which is qualified to block vote shall, before submitting its approval or disapproval in any referendum, give prior written notice to each of its members as to whether and how it intends to cast its vote. The notice shall be given in a timely manner as established, and in the form prescribed, by the commission. (3) Any producer may obtain a ballot from the commission in order to register approval or disapproval of the proposed order. 224 JOURNAL OF THE SENATE (4) A producer who is a member of a cooperative which has provided notice of its intent to approve or not to approve a proposed order, and who obtains a ballot and with such ballot expresses his or her approval or disapproval of the proposed order, shall notify the commission as to the name of the cooperative of which he or she is a member, and the commission shall remove such producer's name from the list certified by such cooperative with its corporate vote. (5) In order to insure that all milk producers are informed regarding the proposed order, the commission shall notify all milk producers that an order is being considered and that each producer may register his approval or disapproval with the commission either directly or through his or her cooperative. Section 14. Termination of over-order price or marketing order. (a) The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact. (b) The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, have been engaged in the production of milk the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order. (c) The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by Section 4 of the Federal Administrative Procedure Act, as amended (5 U.S.C. Sec. 553). ARTICLE VI. ENFORCEMENT Section 15. Records, reports, access to premises. (a) The commission may by rule and regulation prescribe record keeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the commission is authorized to examine the books and records of any regulated person relating to his or her milk business and for that purpose, the commission's properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons. (b) Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission. The commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit (i) the issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person, or (ii) the publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person. TUESDAY, FEBRUARY 3, 1998 225 (c) No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section shall, upon conviction, be subject to a fine of not more than one thousand dollars or to imprisonment for not more than one year, or both, and shall be removed from office. The commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or United States Attorney. Section 16. Subpoena, hearings and judicial review. (a) The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence. (b) Any handler subject to an order may file a written petition with the commission stating that any order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. He shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission. After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law. (c) The district courts of the United States in any district in which such handler is an inhabitant, or has his principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the commission by delivering to it a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the commission with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires. The pendency of proceedings instituted pursuant to this subdivision shall not impede, hinder, or delay the commission from obtaining relief pursuant to Section 17. Any proceedings brought pursuant to Section 17, except where brought by way of counterclaim in proceedings instituted pursuant to this section, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section. Section 17. Enforcement with respect to handlers. (a) Any violation by a handler of the provisions of regulations establishing an over-order price or a commission marketing order, or other regulations adopted pursuant to this compact shall: (1) Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues shall constitute a separate violation. (2) Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states. 226 JOURNAL OF THE SENATE (b) With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order or other regulations adopted hereunder by: (1) Commencing an action for legal or equitable relief brought in the name of the commission in any state or federal court of competent jurisdiction; or (2) Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state. (c) With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist. ARTICLE VII. FINANCE Section 18. Finance of start-up and regular costs. (a) To provide for its start-up costs, the commission may borrow money pursuant to its general power under Section 6, subdivision (d), paragraph 4. In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one year from the date the commission convenes, in an amount not to exceed $.015 per hundredweight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the twomonth period following the date the commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the commission's ongoing operating expenses. (b) The commission shall not pledge the credit of any participating state or of the United States. Notes issued by the commission and all other financial obligations incurred by it shall be its sole responsibility and no participating state or the United States shall be liable therefor. Section 19. Audit and accounts. (a) The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission. (b) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission. (c) Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States. ARTICLE VIII. ENTRY INTO FORCE; ADDITIONAL MEMBERS AND WITHDRAWAL TUESDAY, FEBRUARY 3, 1998 227 Section 20. Entry into force; additional members. The compact shall enter into force effective when enacted into law by any three states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia and when the consent of Congress has been obtained. Section 21. Withdrawal from compact. Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after notice in writing of the withdrawal is given to the commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal. Section 22. Severability. If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this compact. In the event Congress consents to this compact subject to conditions, said conditions shall not impair the validity of this compact when said conditions are accepted by three or more compacting states. A compacting state may accept the conditions of Congress by implementation of this compact.' 2-17-2. (a) The delegation from the State of Georgia to the Southern Dairy Compact Commission, as established in Article IV of the compact, shall be composed of five members appointed as follows: (1) One member representing consumers of milk shall be appointed by the Governor; (2) One member shall be appointed by the Speaker of the House of Representatives; (3) One member shall be appointed by the President of the Senate; and (4) Two members shall be appointed by the Commissioner of Agriculture, one of whom shall be a dairy farmer engaged in the production of milk and one of whom shall be a milk handler actively engaged in the processing of fluid milk at the time of appointment or reappointment. (b) Members must be registered to vote in the state. (c) Members shall serve a term of four years and may be reappointed, but no member shall serve more than three consecutive terms. Members shall serve until their successors are duly appointed. Any appointment to fill an unexpired term shall be for the balance of the unexpired term and shall be made by the appropriate appointing authority. The Commissioner of Agriculture shall designate one member of the delegation to serve as chairperson, at the pleasure of the Commissioner. (d) A majority of the delegation shall constitute a quorum for the transaction of business. (e) All clerical and other services required by the delegation shall be provided by the Commissioner of Agriculture. 228 JOURNAL OF THE SENATE (fl The delegation is assigned to the Department of Agriculture for administrative purposes only. (g) The funds necessary to carry out this chapter and the Southern Dairy Compact shall be paid from funds appropriated to or otherwise made available to the Department of Agriculture for such purpose. 2-17-3. The Commissioner of Agriculture may, by lawful means, obtain information pertaining to the dairy industry which the Commissioner deems necessary to carry out the purposes of this chapter and the Southern Dairy Compact. Such information may be utilized by the Commissioner, the delegates, and the Southern Dairy Compact Commission. 2-17-4. The Commissioner of Agriculture may adopt such rules and regulations, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' as are necessary to carry out the purposes of this chapter and the Southern Dairy Compact. 2-17-5. (a) No person shall violate this chapter, the Southern Dairy Compact, or any rules or regulations adopted pursuant to either this chapter or the compact. (b) For purposes of the enforcement of this chapter, the Southern Dairy Compact, or any rules or regulations adopted pursuant to either this chapter or the compact, the provisions of Code Section 2-2-10, Code Section 2-2-11, and Chapter 5 of this title shall be applicable to any violation. (c) Each day on which a violation occurs shall be a separate violation." SECTION 2. Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursement of expenses, is amended by striking Code Section 45-7-21, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions, and inserting in lieu thereof the following: "45-7-21. Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, 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 attendance. 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. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows: (1) State Board of Education; (2) State Medical Education Board; (3) Board of Regents of the University System of Georgia; (4) Board of Corrections; TUESDAY, FEBRUARY 3, 1998 229 (5) Board of Industry, Trade, and Tourism; (6) Board of Natural Resources; (7) State Transportation Board; (8) Dental Education Board; (9) Georgia Student Finance Commission; (10) Veterans Service Board; (11) Georgia Agricultural Exposition Authority; (12) Joint Board of Family Practice; (13) Georgia Music Hall of Fame Authority; (14) Georgia Sports Hall of Fame Authority; and (15) Georgia Rail Passenger Authority?; and (16) The delegation from the State of Georgia to the Southern Dairy Compact Commission." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 230 JOURNAL OF THE SENATE Y Abernathy N Balfour Y Griffin N Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James N Burton Y Johnson,D Y Cagle N Johnson,E Y Cheeks Y Kemp Y Clay N Lamutt N Crotts N Land Dean N Langford N Egan Y Madden EX Fort Y Marable N Gillis Y Middleton N Glanton Y Oliver N Gochenour Y Perdue On the passage of the bill, the yeas were 36, nays 17. N Price,R N Price.T Y Ragan Y Ralston N Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat N Tanksley Y Taylor Y Thomas,D EX Thomas,N Y Thompson Y Turner N Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed by substitute. Senator Griffin of the 25th moved that SB 420 be immediately transmitted to the House. On the motion, the yeas were 36, nays 0; the motion prevailed, and SB 420 was immediately transmitted. SB 427. By Senators Starr of the 44th, Bowen of the 13th, Dean of the 31st and others: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for retired members of the Georgia State Patrol and retired agents of the Georgia Bureau of Investigation. The Senate Committee on Public Safety offered the following substitute to SB 427: A BILL To be entitled an Act to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain law enforcement chief executives, retired law enforcement chief executives, police officers, and retired police officers; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain TUESDAY, FEBRUARY 3, 1998 231 places, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows: "(c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any: (1) Sheriff sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47; (2) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (3) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Peace Officer Standards and Training Council, if such retired police officer is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system. In addition, any such sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 232 JOURNAL OF THE SENATE Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James Y Burton Y Johnson,D Y Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land EX Dean Y Langford N Egan Y Madden EX Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 52, nays 1. Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D EX Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority was passed by substitute. The following resolution was taken up to consider House action thereto: SR 477. By Senators Walker of the 22nd, Perdue of the 18th, Stokes of the 43rd and others: A resolution creating the Bipartisan Joint Commission on Parole Abolition and Sentencing Reform. The House substitute to SR 477 was as follows: A RESOLUTION Creating the Bipartisan Joint Commission on Sentencing Reform; and for other purposes. WHEREAS, it is a paramount obligation of government to provide for the protection of the safety of the public; and WHEREAS, crime and crime prevention continue to be concerns for the people of the State of Georgia and its public officials; and WHEREAS, a constitutional amendment relating to ineligibility for parole will be proposed to the voters of Georgia in the November, 1998, general election; and WHEREAS, it is necessary to evaluate the current sentencing practices in the State of Georgia and consider alternatives for the implementation of a truth in sentencing system in Georgia; and WHEREAS, there exists a need for deliberate, expert, and rational review and recommendations with respect to a consistent and workable approach to truth in sentencing in the Georgia criminal justice system. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Bipartisan Joint Commission on Sentencing Reform to be TUESDAY, FEBRUARY 3, 1998 233 composed of 23 members. Five members shall be appointed by the Governor, three members shall be appointed by the Lieutenant Governor, three members shall be appointed by the Speaker, three members shall be appointed by the Minority Leader of the House of Representatives, three members shall be appointed by the Minority Leader of the Senate, three members shall be appointed by the chair of the Democratic Party of Georgia, and three members shall be appointed by the chair of the Republican Party of Georgia. The appointees shall not include members of the House or Senate but shall include representatives of trial and appellate courts, state and local law enforcement officials, persons with an expertise in the fields of criminal justice and sentencing, and victims' advocacy organizations. All appointments shall be made no later than April 15, 1998. The Governor shall designate a chair and vice chair of the commission. The chair shall call all meetings of the commission, provided that the commission's initial meeting shall be no later than May 1, 1998. BE IT FURTHER RESOLVED that the commission shall have the responsibility of making recommendations to the Governor and the General Assembly on all matters related to the adoption and implementation of a truth in sentencing system for the State of Georgia. The commission's specific responsibilities shall be as follows: (1) To examine Georgia's current sentencing system and relevant data regarding other sentencing systems, including truth in sentencing, sentencing guidelines, and similar systems in other states and at the federal level, for the purpose of recommending an effective and workable plan for instituting truth in sentencing in Georgia; (2) To recommend, as part of the truth in sentencing plan, a mechanism for any necessary restructuring of current criminal sentences; (3) To evaluate current inmate population and cost projections and the population and fiscal impact of the truth in sentencing plan recommended by the commission; (4) To conduct public hearings throughout the State of Georgia for the purpose of receiving the views of citizens and informing them about the proposed truth in sentencing system; and (5) To recommend legislation which the commission deems necessary and appropriate. BE IT FURTHER RESOLVED that the commission 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 duties and accomplish the purposes of this resolution. The members of the commission, including members of the public but not including other state officers or employees, shall receive the allowance authorized for legislative members of interim legislative committees but shall receive the same for not more than 20 days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the General Assembly. The commission shall complete its work and issue its report to the General Assembly on or before December 15, 1998. The commission shall stand abolished on December 31, 1998. Senator Walker of the 22nd moved that the Senate agree to the House substitute to SR 477, as amended by the following amendment: Amend the House substitute to SR 477 by striking lines 8-10 of p.l and renumbering the lines accordingly. On the motion, a roll call was taken, and the vote was as follows: 234 JOURNAL OF THE SENATE Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins Y James Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Burton Y Cagle Y Cheeks Y Clay Y Crotts EX Dean Y Egan EX Fort Y Gillis Y Glanton Y Gochenour Y Johnson.D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Y Perdue Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D EX Thomas,N Y Thompson Y Turner Y Tysinger Y Walker On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 477, as amended by the Senate. The Calendar was resumed. SB 437. By Senators Tysinger of the 41st, Hooks of the 14th, Starr of the 44th and Perdue of the 18th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain publication requirements for competitive bids; to require reporting of certain bid opportunities; to change the provisions regarding publishing notice of proposed projects requiring professional services and definitions and exemptions relating thereto. Senator Tysinger of the 41st asked unanimous consent that SB 437 be dropped to the bottom of the Calendar. The consent was granted. SB 522. By Senators Walker of the 22nd, Dean of the 31st, Harbison of the 15th and others: A bill to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, "The Telecommunications and Competition Development Act of 1995," so as to require a customer's written authorization before a telecommunications company may charge for any telecommunications or other type of service; to require that the charges for any new or changed services be stated in a separate and distinct manner. The Senate Committee on Finance and Public Utilities offered the following amendment: Amend SB 522 by striking line 30 of page 1 and inserting in lieu thereof the following: "(b) This Code section shall not apply to any transaction between a customer and that customer's selected provider of basic local exchange, inter-LATA, or intra-LATA telecommunications services, wireless services, or requests for a". TUESDAY, FEBRUARY 3, 1998 235 On the adoption of the amendment, the yeas were 42, nays 0, and the committee amendment was adopted. Senators Perdue of the 18th, Walker of the 22nd, and Dean of the 31st offered the following amendment: Amend SB 522 by striking lines 5 and 6 of page 1 and inserting in lieu thereof the following: "company may charge for any service which is provided to the customer by a third party; to require that the charges for such new or". By striking lines 21 and 22 of page 1 and inserting in lieu thereof the following: "customer for any service which is provided to the customer by a third party until it has received the customer's". By striking lines 24 and 25 of page 1 and inserting in lieu thereof the following: "initiates a new type of such third-party service or changes the type or types of such third-party service received, the invoice for such new or." By striking line 30 of page 1 and inserting in lieu thereof the following: "(b) This Code section shall not apply to any transaction between a customer and that customer's selected provider of basic local exchange, inter-LATA, or intra-LATA telecommunications services or initial requests to subscribe to such services; wireless services; or requests for a". On the adoption of the amendment, the yeas were 41, nays 0, and the Perdue, et al. amendment was adopted. Pursuant to Senate Rule 143, action on SB 522 was suspended and SB 522 was placed on the Senate General Calendar. SR 492. By Senator Ragan of the llth: A resolution urging the Secretary of Agriculture and the Congress of the United States to take appropriate action to have the State of Georgia declared an agricultural disaster area. 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: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts EX Dean Y Egan EX Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Hill Y Hooks Y Huggins James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Perdue Y Price,R Y Price,T Y Ragan Y Ralston 236 JOURNAL OF THE SENATE Y Ray Y Streat Y Thompson Y Roberts Y Tanksley Y Turner Y Scott Y Taylor Y Tysinger Y Starr Y Thomas.D Y Walker Y Stokes Y Thomas,N On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following resolution was read and adopted: SR 567. By Senators Perdue of the 18th, Walker of the 22nd, Clay of the 37th and many others: A resolution commending and congratulating Lieutenant Governor Pierre Howard. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 3:11 P.M., the President announced the Senate adjourned. WEDNESDAY, FEBRUARY 4, 1998 237 Senate Chamber, Atlanta, Georgia Wednesday, February 4, 1998 Thirteenth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1457. By Representative Greene of the 158th: A bill to amend an Act providing a new charter for the City of Cuthbert, so as to change the provisions relating to the election, qualifications, and terms of office of the mayor and aldermen. HB 1465. By Representative Stancil of the 91st: A bill to reincorporate and provide a new charter for the City of Bostwick. HB 1374. By Representatives Ehrhart of the 36th, Franklin of the 39th, Kaye of the 37th and others: A bill to amend an Act creating the Board of Commissioners of Cobb County, so as to provide that neither Cobb County nor its agents or officials shall use race, color, creed, gender, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group. HB 88. By Representatives Buck of the 135th, Barnes of the 33rd, Lee of the 94th and others: A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that members of such retirement system who were retired on July 1, 1996, with more than 16 years of creditable service shall receive a benefit increase for each year of service over 16 years. HB 908. By Representatives Epps of the 131st, Stanley of the 50th, Holland of the 157th and others: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 33-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, so as to provide for different and stronger penalties for a person convicted of knowingly acting as agent to purchase or acquire alcoholic beverages for or on behalf of a person under 21 years of age. 238 JOURNAL OF THE SENATE HB 1315. By Representatives Purcell of the 147th, DeLoach of the 172nd, Lane of the 146th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to provide for resident and nonresident commercial food shrimp cast netting licenses; to provide for the reporting of certain information relating to commercial fishing. The House has adopted by the requisite constitutional majority the following resolutions of the House: HR 741. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution designating a portion of Georgia Highway 23 in Wayne County as the "Reddish-Warren Bypass". HR 844. By Representatives Scheid of the 17th, Holmes of the 53rd, Hudson of the 156th and others: A resolution designating the Vickie E. Bell Memorial Bridge. HR 973. By Representative Mosley of the 171st: A resolution commending members of the Jesup Police Force and the Wayne County Sheriffs Department. The following bills were introduced, read the first time and referred to committees: SB 569. By Senators Dean of the 31st, Brown of the 26th and Marable of the 52nd: A bill to amend Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Music Hall of Fame Authority, and Article 1 of Chapter 8 of Title 50, relating to general provisions governing the Department of Community Affairs, so as to eliminate the current members of the Georgia Music Hall of Fame Authority and make the membership of the Board of Community Affairs the members of the Authority. Referred to Committee on Economic Development, Tourism and Cultural Affairs. SB 570. By Senators Gillis of the 20th, Dean of the 31st, Bowen of the 13th and others: A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the offense of the murder of a certified peace officer; to provide for an effective date and applicability. Referred to Committee on Corrections, Correctional Institutions & Property. SB 571. By Senator Oliver of the 42nd: A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, to revise forms for surrender of rights and the mother's affidavit; to combine three forms for surrender of rights of a biological father into a single surrender form and to revise cross references accordingly; to provide for inclusion of information regarding American Indian heritage and the biological father's active duty in the armed services in the mother's affidavit. Referred to Committee on Judiciary. WEDNESDAY, FEBRUARY 4, 1998 239 SB 572. By Senators Madden of the 47th, Perdue of the 18th, Boshears of the 6th and Scott of the 36th: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for legislative findings and intent; to define certain terms; to require revision of the plan for implementing a state-wide emergency telephone number "911" system. Referred to Committee on Finance and Public Utilities. SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and Price of the 28th: A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit. Referred to Committee on State and Local Governmental Operations (General). SB 574. By Senators Hill of the 4th, Gillis of the 20th, Madden of the 47th and James of the 35th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change requirements for the use of recycled paper by state institutions. Referred to Committee on State and Local Governmental Operations (General). SB 575. By Senators Madden of the 47th, Streat of the 19th, Gillis of the 20th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for uniform reimbursement for hospital inpatient services; to provide for an effective date. Referred to Committee on Health and Human Services. SB 576. By Senators Hooks of the 14th and Taylor of the 12th: A bill to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that when three or more boards of education contract for operation of a joint school or schools, such boards of education shall, as a condition of receipt of state funding, establish an interdistrict governing body for such school or schools. Referred to Committee on Education. The following bills were read the first time and referred to committees: HB 88. By Representatives Buck of the 135th, Barnes of the 33rd, Lee of the 94th and others: A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that members of such retirement system who were retired on July 1, 1996, with 240 JOURNAL OF THE SENATE more than 16 years of creditable service shall receive a benefit increase for each year of service over 16 years. Referred to Committee on Retirement. HB 908. By Representatives Epps of the 131st, Stanley of the 50th, Holland of the 157th and others: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 33-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, so as to provide for different and stronger penalties for a person convicted of knowingly acting as agent to purchase or acquire alcoholic beverages for or on behalf of a person under 21 years of age. Referred to Committee on Consumer Affairs. HB 1315. By Representatives Purcell of the 147th, DeLoach of the 172nd, Lane of the 146th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to provide for resident and nonresident commercial food shrimp cast netting licenses; to provide for the reporting of certain information relating to commercial fishing. Referred to Committee on Natural Resources. HB 1374. By Representatives Ehrhart of the 36th, Franklin of the 39th, Kaye of the 37th and others: A bill to amend an Act creating the Board of Commissioners of Cobb County, so as to provide that neither Cobb County nor its agents or officials shall use race, color, creed, gender, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group. Referred to Committee on State and Local Governmental Operations. HB 1457. By Representative Greene of the 158th: A bill to amend an Act providing a new charter for the City of Cuthbert, so as to change the provisions relating to the election, qualifications, and terms of office of the mayor and aldermen. Referred to Committee on State and Local Governmental Operations. HB 1465. By Representative Stancil of the 91st: A bill to reincorporate and provide a new charter for the City of Bostwick. Referred to Committee on State and Local Governmental Operations. HR 741. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution designating a portion of Georgia Highway 23 in Wayne County as the "Reddish-Warren Bypass". Referred to Committee on Transportation. HR 844. By Representatives Scheid of the 17th, Holmes of the 53rd, Hudson of the 156th and others: A resolution designating the Vickie E. Bell Memorial Bridge. WEDNESDAY, FEBRUARY 4, 1998 241 Referred to Committee on Transportation. The following committee reports were read by the Secretary: Mr. President: The Committee on Education has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 447. Do pass. Respectfully submitted, Mr. President: Senator Marable of the 52nd District, Chairman The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 207. Do pass by substitute. SB 542. Do pass. SB 432. Do pass. Respectfully submitted, Mr. President: Senator Langford of the 29th District, Chairman The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 473. Do pass by substitute. SB 513. Do pass by substitute. SB 552. Do pass. Respectfully submitted, Mr. President: Senator Oliver of the 42nd District, Chairman The Committee on State and Local Governmental Operations 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 1236. Do pass. HB 1334. Do pass. HB 1335. Do pass by substitute. HB 1336. Do pass. HB 1338. Do pass. HB 1358. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolution were read the second time: SB 426 SB 514 HB 844 SB 446 SB 525 HB 1131 SB 481 SB 531 HB 1180 SB 482 SB 533 SB 500 SB 537 The following communication was received by the Secretary: SB 510 SR 474 To: Mr. Frank Eldridge, Jr., Secretary From: Karen Thompson Subject: Attendance: Sen. Donzella James 242 JOURNAL OF THE SENATE Date: February 4, 1998 This is to inform you that Senator Donzella James of the 35th will be absent today due to illness (bronchitis). Please make a note in today's records. Thank you. Senator Harbison of the 15th moved that Senator James of the 35th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator James was excused. Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Balfour Gochenour Bliteh Griffin Boshears Guhl Bowen Harbison Broun, 46th Hill Brown, 26th Hooks Brush Huggins Burton Johnson,D Cagle Kemp Cheeks Lamutt Crotts Land Dean Langford Egan Madden Fort Marable Gillis Middleton Glanton Price,R Those not answering were: Price,T Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas,D Thomas,N Turner Tysinger Abernathy Clay Henson Johnson,E Oliver Perdue(PRS) Thompson Walker James (excused) Tanksley The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Thomas of the 10th introduced the chaplain of the day, Reverend Joan Armstrong, Unitarian Universalist Church, Smyrna, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 576. By Senators Stokes of the 43rd, Henson of the 55th, Oliver of the 42nd and others: A resolution commending the National Council of Negro Women, Inc. (NCNW). SR 577. By Senators Stokes of the 43rd, Henson of the 55th, Oliver of the 42nd and others: A resolution commending the Atlanta Association of Insurance Professionals. WEDNESDAY, FEBRUARY 4, 1998 243 SR 578. By Senators Stokes of the 43rd, Henson of the 55th, Oliver of the 42nd and others: A resolution commending Honorable Cynthia Ann McKinney on the occasion of Sister to Sister Day at the Capitol. SR 579. By Senators Stokes of the 43rd, Oliver of the 42nd, Henson of the 55th and others: A resolution encouraging the placement of books on being a parent in the state's public libraries. SR 580. By Senators Gillis of the 20th, Turner of the 8th, Hooks of the 14th and others: A resolution recognizing the importance of the arts to the State of Georgia; commending the Georgia Citizens for the Arts. HR 973. By Representative Mosley of the 171st: A resolution commending members of the Jesup Police Force and the Wayne County Sheriffs Department. The following local, uncontested bills of the House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Wednesday, February 4, 1998 THIRTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1236 Broun, 46th TOWN OF BOGART A bill to reincorporate and provide a new charter for the Town of Bogart. HB 1334 Broun, 46th OCONEE COUNTY A bill to provide a homestead exemption from Oconee County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1999, and $15,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 2000, for certain residents. HB 1335 Broun, 46th OCONEE COUNTY A bill to amend an Act creating the Board of Commissioners of Oconee County, so as to change the provisions relating to bonds of the chairperson and members of the board of commissioners.(SUBSTITUTE) 244 JOURNAL OF THE SENATE HB 1336 Broun, 46th OCONEE COUNTY A bill to provide a homestead exemption from Oconee County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1999, and $15,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 2000, for certain residents. HB 1338 Broun, 46th OCONEE COUNTY A bill to amend an Act creating the Board of Elections and Registration of Oconee County, so as to change the membership of the board. HB 1358 Thomas, 54th CITY OF COHUTTA A bill to amend an Act creating a new charter for the City of Cohutta, so as to provide for the power of the mayor to vote on matters before the city council. The substitute to the following bill was put upon its adoption: HB 1335: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1335: A BILL To be entitled an Act to amend an Act creating the Board of Commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the provisions relating to bonds of the chairperson and members of the board of commissioners; to change the provisions relating to the powers and duties of the chairperson of the board of commissioners; to change the provisions relating to the compensation of the chairperson and the members of the board of commissioners; 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 creating the Board of Commissioners of Oconee County, approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, is amended by striking Section 6 of said Act and inserting in its place the following: "SECTION 6. Before entering the duties of the office of chairperson or commissioner, the chairperson and each member of the board of commissioners shall take the oath required of all civil officers of this state and shall be bonded in the amount of $25,000.00 by a good and solvent bonding company authorized to do business in this state. Such bond shall be approved by the judge of the Probate Court of Oconee County, shall be filed in the office of the judge of the probate court, and shall be payable to the Governor of this state and the Governor's successor in office for the use of Oconee County. Such bond shall be conditioned on the faithful performance of the duties of the office of chairper- WEDNESDAY, FEBRUARY 4, 1998 245 son or commissioner. The cost of said bond shall be paid from the general funds of Oconee County." SECTION 2. Said Act is further amended by striking Section 9 of said Act and inserting in its place the following: "SECTION 9. (a) The chairperson of the board of commissioners shall have the following duties and responsibilities: (1) To act as the chief executive officer of the county; (2) To act as presiding officer at all meetings of the board, including the duty of preserving order and decorum at such meetings; (3) To state every question coming before the board and to announce the decision of the board on all subjects and to decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question; (4) To exercise the right to vote to break a tie vote; (5) To execute all ordinances, resolutions, and contracts in behalf of the county; (6) To execute all evidences of indebtedness incurred by the county; (7) To act as ceremonial head of the county government; and (8) To exercise other duties that may be delegated to the chairperson by the board of commissioners. (b) In the event of a vacancy in the office of the chairperson or the illness, incapacity, absence, or failure to act, the duties of the chairperson may be exercised by the vice chairperson. In the event of a vacancy, illness, absence, incapacity, or failure to act by the chairperson for a period exceeding 30 days, the vice chairperson, on approval of the board of commissioners, shall be compensated in the same amount as that provided for the office of chairperson." SECTION 3. Said Act is further amended by striking Section 12 of said Act and inserting in its place the following: "SECTION 12. (a) The chairperson of the Board of Commissioners of Oconee County shall receive a base salary of 113 percent of the highest base salary payable to the following county officers: the sheriff, probate judge, tax commissioner, and clerk of superior court. 'Base salary" means the base salary determined by local law for said offices. (b) The members of the board of commissioners shall each be paid a salary of 27 percent of the highest base salary payable to the following county officers: the sheriff, probate judge, tax commissioner, and clerk of superior court. (c) The chairperson and members shall receive an additional amount of 5 percent of their respective salaries for each four-year term as a commissioner completed by such chairperson or member and an annual cost-of-living adjustment. Cost-of-living adjustments shall be determined in the same manner as for the county officers whose salary is used in the calculation of the salaries due the chairperson or the member. 246 JOURNAL OF THE SENATE (d) Said compensation shall be paid in equal monthly installments from the funds of the county. (e) The chairperson and members shall also be entitled to participate in the county's retirement program, health insurance coverage, life insurance coverage, and other benefits available to county employees, to be paid by the county." SECTION 4. This Act shall become effective on January 1, 1999. SECTION 5. 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 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: Abernathy Y Griffin Price,R Balfour Y Guhl Y Price.T Y Blitch Y Harbison Y Ragan Y Boshears Henson Y Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Brown, 26th Y Huggins Scott Y Brush EX James Starr Y Burton Johnson,D Y Stokes Cagle Johnson,E Y Streat Y Cheeks Y Kemp Tanksley Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Y Egan Y Madden Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Glanton Y Oliver Y Walker Y Gochenour Perdue(PRS) On the passage of the local bills, the yeas were 40, nays 0. All the bills on the Local Consent Calendar, except HB 1335, having received the requisite constitutional majority, were passed. HB 1335, having received the requisite constitutional majority, was passed by substitute. SENATE RULES CALENDAR Wednesday, February 4, 1998 THIRTEENTH LEGISLATIVE DAY SB 522 Telecommunications Company-customer authorization for certain changes (Amendments)(F&PU-22nd) WEDNESDAY, FEBRUARY 4, 1998 247 (Pursuant to Senate Rule 143, final passage of the bill was suspended on February 3, 1998.) SB 489 Ad Valorem Tax on Motor Vehicles-relating to previous exemption for disabled veterans (F&PU-16th) SR 490 - Dr. Deryl Hart Road-designate portion of Georgia Highway 137 (Trans-16th) HB 381 Public School Employees Retirement; increase benefit (Ret-5th) Childers-13th SB 517 Local Option Sales Tax for Education-concurrent resolution requirements (Amendment)(F&PU-49th) SR 368 Motorcycle Awareness and You Month-May, 1997 (Substitute) (Trans24th) HB 724 Employees' Retirement; district attorney's employees; membership (Ret8th) Golden-177th HB 944 Employees' Retirement; membership service; certain prior service (Ret5th) Cummings-27th HB 780 Judges of Probate Courts Retirement; amend provisions (Ret-5th) Jenkins-HOth HB 885 Employees' Retirement;certain broadcasting service; creditable service (Ret-53rd) Cummings-27th SB 411 Arrest Warrants-electronic, telephonic applications (Substitute) (S Judy-5th) HB 937 Employees' Retirement; district attorneys' employees; membership (Ret5th) Floyd-138th HB 336 Firemen's Pension Fund; certain prior service; creditable service (Ret53rd) Cummings-27th Respectfully submitted, lal Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: The following general bill of the Senate, having been read the third time and final action suspended on February 3, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 522. By Senators Walker of the 22nd, Dean of the 31st, Harbison of the 15th and others: A bill to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, "The Telecommunications and Competition Development Act of 1995," so as to require a customer's written authorization before a telecommunications company may charge for any telecommunications or other type of 248 JOURNAL OF THE SENATE service; to require that the charges for any new or changed services be stated in a separate and distinct manner. The committee amendment, previously adopted, appears in the Journal of February 3. The amendment offered by Senators Perdue of the 18th, Walker of the 22nd, and Dean of the 31st, as it appears in the Journal of February 3, was automatically reconsidered. On adoption of the amendment, the yeas were 35, nays 0, and the Perdue, et al. amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Griffin Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Johnson,D Cagle Johnson,E Y Cheeks Y Kemp Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Middleton Y Glanton Y Oliver Y Gochenour Perdue PRS On the passage of the bill, the yeas were 47, nays 0. Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed as amended. Senator Oliver of the 42nd introduced the doctor of the day, Dr. Walker Ray, of Tucker, Georgia. The President assumed the Chair. The Calendar was resumed. SB 489. By Senators Land of the 16th and Harbison of the 15th: A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change certain provisions relating to a previous constitutional exemption from ad valorem taxation for disabled veterans continued in effect as statutory law; to provide for a special election; to provide for effective dates. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: WEDNESDAY, FEBRUARY 4, 1998 249 Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Henson Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson.D Y Cagle Y Johnson,E Y Cheeks Y Kemp Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 50, nays 0. Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. Senator Tanksley of the 32nd introduced the Mayor and officials from the City of Smyrna, commended by SR 575, adopted previously. The Mayor addressed the Senate briefly. Senator Hill of the 4th introduced the Pinewood Christian Academy Girl's Softball Team, commended by SR 547, adopted previously. Senator Hill of the 4th introduced the Pinewood Christian Academy's Varsity Football Team, commended by SR 548, adopted previously. The Principal, Mr. Dewey Hulsey, addressed the Senate briefly. The Calendar was resumed. SR 490. By Senators Land of the 16th and Hooks of the 14th: A resolution honoring Dr. Deryl Hart and designating a portion of Georgia Highway 137 as the "Dr. Deryl Hart Road". 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: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Henson Hill Y Hooks Y Huggins EX James Y Johnson.D Johnson,E Y Kemp Y Lamutt Y Land Y Langford 250 JOURNAL OF THE SENATE Y Madden Y Ralston Y Taylor Y Marable Y Ray Y Thomas.D Y Middleton Y Roberts Y Thomas,N Y Oliver Y Scott Y Thompson Y Perdue Y Starr Y Turner Y Price,R Y Stokes Y Tysinger Y Price.T Y Streat Y Walker Y Ragan Y Tanksley On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Middleton of the 50th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Ralston was excused. The Calendar was resumed. HB 381. By Representative Childers of the 13th: A bill to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to increase the retirement benefit. Senate Sponsor: Senator Burton of the 5th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Balfour Y Guhl Y Blitch Y Harbison Y Boshears Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson.D Y Cagle Y Johnson.E Y Cheeks Y Kemp Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 49, nays 0. Y Price,R Y Price.T Y Ragan EX Ralston Y Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas.D Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 517. By Senator Cagle of the 49th: A bill to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the local option sales and use tax for educa- WEDNESDAY, FEBRUARY 4, 1998 251 tional purposes, so as to provide for concurrent resolution requirements; to change certain provisions regarding requirements and procedures with respect to such tax; to provide an effective date. The Senate Finance and Public Utilities Committee offered the following amendment: Amend SB 517 by striking "territory" and inserting in its place "full-time equivalent students" on line 21 of page 2. On the adoption of the amendment, the yeas were 0, nays 38, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson,D Y Cagle Johnson,E Y Cheeks Y Kemp Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 49, nays 1. Y Price,R Y Price.T Y Ragan EX Ralston N Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson Turner Y Tysinger Walker The bill, having received the requisite constitutional majority, was passed. Senator Lamutt of the 21st moved that Senator Clay of the 37th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Clay was excused. The Calendar was resumed. SR 368. By Senator Brush of the 24th: A resolution recognizing the month of May, 1997, as "Motorcycle Awareness and You Month" in Georgia. The Senate Committee on Transportation offered the following substitute to SR 368: A RESOLUTION Recognizing the month of May, 1998, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes. WHEREAS, motorcycle riding has become a popular form of recreation and transportation for thousands of people across the state and nation; and 252 JOURNAL OF THE SENATE WHEREAS, the safety problems created by motorcycle riding should be of great concern to motorcyclists as well as to all other motor vehicle operators; and WHEREAS, it is especially important that the citizens of our state be aware of motorcycles on the streets and highways and recognize the importance of motorcycle safety; and WHEREAS, all motorcycle organizations, clubs, dealerships, groups, and highway safety officials in our state should join with the Georgia Motorcycle Safety Program and the American Bikers Active Toward Education (ABATE) of Georgia, Inc., in actively promoting safe operation, increased rider training, improved licensing efforts, and motorist awareness; and WHEREAS, during the month of May, 1998, all highway users should unite in the safe sharing of roadways throughout the State of Georgia; and WHEREAS, in May, 1998, the ABATE of Georgia, Inc., will sponsor a motorcycle show and swap meet at the Lakewood Fairgrounds to promote May as Motorcycle Awareness and You Month. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body recognizes the month of May, 1998, as "Motorcycle Awareness and You Month" in Georgia and urges all motor vehicle operators to join in this effort to keep our highways safe. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the ABATE of Georgia, Inc. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Price,R Y Balfour Y Guhl Y Price.T Y Blitch Harbison Y Ragan Y Boshears Y Henson EX Ralston Y Bowen Y Hill Y Ray Broun, 46th Y Hooks Y Roberts Y Brown, 26th Y Huggins Y Scott Y Brush EX James Y Starr Y Burton Y Johnson.D Y Stokes Y Cagle Johnson,E Y Streat Y Cheeks Y Kemp Y Tanksley EX Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Langford Y Thomas,N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Walker Y Gochenour Y Perdue On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. WEDNESDAY, FEBRUARY 4, 1998 253 HB 724. By Representative Golden of the 177th: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership by superior court judges, district attorneys, and other court personnel in the Employees' Retirement System of Georgia, so as to provide that employees of a district attorney who are paid by the office of the district attorney may become members of such retirement system subject to certain conditions. Senate Sponsor: Senator Turner of the 8th The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Brush EX James Y Burton Y Johnson,D Y Cagle Y Johnson,E Y Cheeks Y Kemp EX Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 51, nays 0. Y Price,R Y Price,T Y Ragan EX Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. HB 944. By Representative Cummings of the 27th: A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement benefits, employee contributions, and related matters relative to members of the Employees' Retirement System of Georgia who became members on or after July 1, 1982, so as to provide that membership service may include certain prior service as a member of such retirement system. Senate Sponsor: Senator Burton of the 5th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Abernathy Y Balfour Y Blitch Y Boshears Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton 254 JOURNAL OF THE SENATE Y Cagle Y Huggins Y Cheeks EX James EX Clay Y Johnson.D Y Crotts Y Johnson,E Y Dean Y Kemp Y Egan Y Lamutt Y Fort Y Land Y Gillis Langford Y Glanton Y Madden Y Gochenour Y Marable Y Griffin Y Middleton Y Guhl Y Oliver Y Harbison Y Perdue Henson Y Price,R Y Hill Y Price,T Y Hooks Y Ragan On the passage of the bill, the yeas were 49, nays 0. EX Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. HB 780. By Representatives Jenkins of the 110th, Holland of the 157th, Barnes of the 33rd and Channell of the lllth: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the amount of salary which may be considered earnings for purposes of such retirement fund; to change the employee contribution in such retirement fund. 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: Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks EX Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Henson Y Hill Y Hooks Y Huggins EX James Y Johnson,D Y Johnson.E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Perdue Y Price,R Y Price.T Y Ragan EX Ralston Y Ray Y Roberts Y Scott Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Turner Y Tysinger Walker WEDNESDAY, FEBRUARY 4, 1998 255 On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 885. By Representative Cummings of the 27th: A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions, so as to provide for credit for prior service as an employee of the Foundation for Public Broadcasting in Georgia, Inc.. 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: Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Henson Y Bowen Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson.D Y Cagle Y Johnson,E Y Cheeks Y Kemp EX Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton N Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 48, nays 1. Y Price,R Y Price,T Y Ragan EX Ralston Y Ray Y Roberts Y Scott Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 411. By Senators Burton of the 5th, Tysinger of the 41st, Ray of thi others: A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide for hearing of applications for arrest by electronic or telephonic means in certain circumstances; to provide for related matters; to provide an effective date. The Senate Committee on Special Judiciary offered the following substitute to SB 411: A BILL To be entitled an Act to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that a judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference; to provide that arrest warrant applications heard by video conference shall be conducted in a manner to 256 JOURNAL OF THE SENATE ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony; to provide for the signing of the affidavit for an arrest warrant, the arrest warrant, and other documents which shall comply with other provisions of law; to provide for the utilization of video conferences to conduct hearings relating to the issuance of initial bonds in connection with offenses for which arrest warrants are issued under certain circumstances; to provide for the administration of oaths to persons testifying by means of a video conference; 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 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, is amended by adding at the end thereof a new Code section to read as follows: "17-4-47. (a) A judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference. (b) Arrest warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony. (c) The affiant participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in an arrest warrant application by video conference shall sign the affidavit for an arrest warrant, the arrest warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such authorization shall be deemed to comply with the signature requirements provide for in Code Sections 17-4-45 and 17-4-46. (d) A judge may also utilize a video conference to conduct hearings relating to the issuance of an initial bond connected with an offense for which an arrest warrant is issued provided that the setting of such bond is within the jurisdiction of that court. (e) A judge hearing matters pursuant to this Code section shall administer an oath to any person testifying by means of a video conference." 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. WEDNESDAY, FEBRUARY 4, 1998 257 The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Brush EX James Y Burton Y Johnson,D Y Cagle Y Johnson,E Y Cheeks Y Kemp EX Clay Y Lamutt Y Crotts Y Land Y Dean Langford Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Perdue On the passage of the bill, the yeas were 48, nays 0. Y Price,R Y Price,T Y Ragan EX Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed by substitute. HB 937. By Representatives Floyd of the 138th and Walker of the 141st: A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by superior court judges, district attorneys, and related matters, so as to provide that employees of district attorneys shall be members of such retirement system. Senate Sponsor: Senator Burton of the 5th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks EX Clay Y Crotts Y Dean Egan Y Fort Y Gillis N Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins EX James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton 258 JOURNAL OF THE SENATE Y Oliver Perdue Y Price,R Y Price.T Y Ragan EX Ralston Y Ray Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor On the passage of the bill, the yeas were 48, nays 1. Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. HB 336. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement in the Georgia Firemen's Pension Fund, so as to provide for creditable service for certain prior service. Senate Sponsor: Senator Huggins of the 53rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Abernathy Y Griffin Balfour Y Guhl Blitch Y Harbison Boshears Y Henson Bowen Y Hill Broun, 46th Y Hooks Brown, 26th Y Huggins Brush EX James Burton Y Johnson.D Cagle Johnson,E Cheeks Y Kemp EX Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Perdue On the passage of the bill, the yeas were 47, nays 0. Y Price,R Y Price,T Y Ragan EX Ralston Y Ray Y Roberts Y Scott Starr Y Stokes Y Streat Y Tanksley Y Taylor Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. Senator Walker of the 22nd moved that the Senate adjourn until 10:00 A.M. tomorrow; the motion prevailed, and at 12:01 P.M., the President announced the Senate adjourned. THURSDAY, FEBRUARY 5, 1998 259 Senate Chamber, Atlanta, Georgia Thursday, February 5, 1998 Fourteenth Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the 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 1298. By Representatives Sauder of the 29th, Cooper of the 31st, Parsons of the 40th and others: A bill to amend an Act to provide for the method of filling vacancies on the Board of Education of Cobb County, so as to provide for the timing of a special election to fill vacancies. HB 1468. By Representative Hudgens of the 24th: A bill to provide a new charter for the City of Danielsville. HB 1166. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to provide supplementary appropriations for the state fiscal year ending June 30, 1998, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein. SB 418. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to provide for the nonpartisan nomination and election of the solicitorgeneral of the State Court of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date. HB 1167. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998. The following bills were introduced, read the first time and referred to committees: SB 568. By Senators Kemp of the 3rd, Bowen of the 13th and Hill of the 4th: 260 JOURNAL OF THE SENATE A bill to amend Code Section 40-8-73.1 of the Official Code of Georgia Annotated, relating to the prohibition against affixing certain materials which reduce light transmission through windows or windshields of motor vehicles, so as to prohibit any person who has a motor vehicle registered in this state from operating a motor vehicle in this state which has affixed thereto certain material and glazing which reduce to a certain degree light transmission through windows or windshields of the vehicle. Referred to Committee on Public Safety. SR 581. By Senator Middleton of the 50th: A resolution authorizing the conveyance of certain state owned real property located in Lumpkin County, Georgia; to repeal an authorization provided in a certain 1996 resolution; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 583. By Senators Burton of the 5th, Harbison of the 15th, Broun of the 46th and others: A resolution commending Pete Wheeler and providing for the designation of the "Pete Wheeler Georgia War Veterans Memorial Complex". Referred to Committee on Defense and Veterans Affairs. SR 585. By Senators Roberts of the 30th, Glanton of the 34th, Lamutt of the 21st and others: A resolution recognizing suicide as a state problem. Referred to Committee on Rules. SR 586. By Senators Marable of the 52nd, Dean of the 31st, Walker of the 22nd and others: A resolution recognizing the critical need for the establishment of minimum salaries for peace officers. Referred to Committee on Public Safety. SR 587. By Senators Marable of the 52nd, Hill of the 4th, Thomas of the 10th and others: A resolution to encourage creation of graduate medical education curricula in geriatrics; to encourage the creation of graduate medical education fellowships in geriatrics; and to encourage the establishment of a visiting professorship in geriatrics to train faculty for medical universities. Referred to Committee on Higher Education. SR 588. By Senator Griffin of the 25th: A resolution designating the Bobby Eugene Parham Food Service Facility at Central State Hospital. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 1166. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: THURSDAY, FEBRUARY 5, 1998 261 A bill to provide supplementary appropriations for the state fiscal year ending June 30, 1998, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein. Referred to Committee on Appropriations. HB 1167. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998. Referred to Committee on Appropriations. HB 1298. By Representatives Sauder of the 29th, Franklin of the 39th, Cooper of the 31st and others: A bill to amend an Act to provide for the method of filling vacancies on the Board of Education of Cobb County, so as to provide for the timing of a special election to fill vacancies. Referred to Committee on State and Local Governmental Operations. HB 1468. By Representative Hudgens of the 24th: A bill to provide a new charter for the City of Danielsville. Referred to Committee on State and Local Governmental Operations. The following committee reports were read by the Secretary: Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 488. Do pass by substitute. SB 508. Do pass by substitute. Respectfully submitted, Mr. President: Senator Egan of the 40th District, Chairman The Committee on State and Local Governmental Operations 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 1278. Do pass. HB 1279. Do pass. HB 1407. Do pass. Respectfully submitted, Mr. President: Senator Thomas of the 10th District, Chairman The Committee on Public Safety has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 443. Do pass. SB 476. Do pass. SB 493. Do pass. SB 495. Do not pass. SB 536. Do pass. 262 JOURNAL OF THE SENATE Respectfully submitted, Mr. President: Senator Bowen of the 13th District, Chairman The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 487. Do pass as amended. SB 518. Do pass. SR 559. Do pass. HR 844. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman The following bills were read the second time: SB 432 SB 447 SB 473 SB 513 SB 542 SB 552 The following communication was received by the Secretary: To: Frank Eldridge, Jr., Secretary From: Karen Thompson Date: Thursday, February 5, 1998 This is to inform you that Senator Donzella J. James of the 35th will be absent from today's session due to illness (bronchitis). I have asked Sen. Harbison to formally request that she be excused during roll call. Thank you. Senator Ralston of the 51st moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Middleton was excused. Senator Dean of the 31st moved that Senator Walker of the 22nd be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Walker was excused. Senator Harbison of the 15th moved that Senator James of the 35th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator James was excused. Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Blitch Boshears Bowen Broun, 46th Brown, 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson,D Johnson.E Kemp Lamutt Land Langford Madden Marable Oliver Price,R Price,T Ragan Ralston Ray Roberts Scott THURSDAY, FEBRUARY 5, 1998 263 Starr Tanksley Stokes Taylor Streat Thomas,D Those not answering were: Thomas.N Turner Tysinger Abernathy James (excused) Thompson Balfour Middleton (excused) Walker (excused) Henson Perdue(PRS) The President Pro Tempore led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Hill of the 4th introduced the chaplain of the day, Lt. Col. Raymond Brown of Cleveland, Tennessee, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 582. By Senators Harbison of the 15th and Middleton of the 50th: A resolution recognizing and commending the Dogwood Chapter of the Women Marines Association. SR 584. By Senators Oliver of the 42nd and Balfour of the 9th: A resolution recognizing and commending the Georgia Soccer Foundation. The following local, uncontested bills of the House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Thursday, February 5, 1998 FOURTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1278 Bowen, 13th CITY OF TIFTON A bill to amend an Act amending an Act entitled "An Act to provide a new charter for the City of Tifton," so as to provide a date for a referendum. HB 1279 Bowen, 13th CITY OF TIFTON A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," so as to change the terms of office of certain council districts. HB 1407 Thomas, 10th Oliver, 42nd CITY OF DECATUR A bill to amend an Act creating a new charter for the City of Decatur in DeKalb County, so as to repeal certain duties and powers of the city manager with respect to educational affairs. 264 JOURNAL OF THE SENATE 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: Y Abernathy Y Griffin Y Price,R Balfour Y Guhl Y Price.T Blitch Y Harbison Ragan Y Boshears Henson Y Ralston Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Roberts Y Brown, 26th Y Huggins Y Scott Brush EX James Y Starr Y Burton Y Johnson,D Y Stokes Y Cagle Y Johnson.E Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Y Egan Y Madden Thompson Y Fort Y Marable Y Turner Y Gillis EX Middleton Y Tysinger Y Glanton Y Oliver EX Walker Y Gochenour Perdue(PRS) On the passage of the local bills, the yeas were 43, nays 0. All the bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. The President assumed the Chair. SENATE RULES CALENDAR Thursday, February 5, 1998 FOURTEENTH LEGISLATIVE DAY SB 533 Joint Board of Family Practice-redesignation (Substitute) (H&HS-18th) SB 510 Crimes Against Family Members Act of 1998-provide (Judy-18th) SB 531 Temporary Assistance for Needy Families Act-eligibility (Substitute)(H&HS-10th) SB 437 State Government-relating to competitive bidding (ST&I-41st) SB 426 POW/MIA Flag-allow in public buildings, schools (D&VA-15th) SB 471 Special License Plates for Antique, Hobby Vehicles-dimensions (Trans24th) HB 1131 Mental health; certain services; repeal automatic repealer (H&HS-50th) Childers-13th HB 443 Employees' Retirement; retire with less than 30 years (Ret-5th) Cummings-27th THURSDAY, FEBRUARY 5, 1998 265 HB 759 Peace Officers' Annuity and Benefit; include certain children and youth services employees (Ret-34th) Parrish-144th SB 481 Lead Hazard Reduction Program-abatement on person's property (SubstituteXNat R-55th) SB 482 Labor, Industrial Relations-protection of title of industrial hygienist (C Aff-55th) SB 514 Natural Resources, Game and Fish-designation of conservation rangers (Nat R-20th) Respectfully submitted, /si Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: SB 533. By Senators Perdue of the 18th, Walker of the 22nd and Middleton of the 50th: A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to redesignate the Joint Board of Family Practice as the Georgia Board for Physician Workforce; to provide for board composition, qualifications, terms, vacancies, organization, expense and allowance, staff, and advisory committees; to provide for the purposes, responsibilities, duties, and powers of the board. The Senate Committee on Health and Human Services offered the following substitute to SB 533: A BILL To be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to redesignate the Joint Board of Family Practice as the Georgia Board for Physician Workforce; to provide for board composition, qualifications, terms, vacancies, organization, expense and allowance, staff, and advisory committees; to provide for the purpose, responsibilities, duties, and powers of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Chapter 10 thereof, relating to the Joint Board of Family Practice, and inserting in its place the following: "CHAPTER 10 49-10-1. (a)(l) The Joint Board of Family Practice which existed on January 1, 1998, is continued in existence but on and after July 1, 1998, shall become and be known as the Georgia Board for Physician Workforce. The Georgia Board for Physician Workforce, referred to in this chapter as the 'board,' shall be attached to the Board of Regents of the University System of Georgia for administrative purposes only, as defined by Code Section 50-4-3. 266 JOURNAL OF THE SENATE (2) The Georgia Board for Physician Workforce shall be composed of 15 members, all of whom are residents of this state, as follows: (A) Five members shall be primary care physicians; (B) Five members shall be physicians who are not primary care physicians; (C) Three members shall be representatives of hospitals which are not teaching hospitals, with at least one of those three members being a representative of a rural, nonprofit hospital; (D) One member shall be a representative from the business community; (E) One member shall have no connection with the practice of medicine or the provision of health care; and (F) The physicians on the board shall represent a diversity of medical disciplines, including, but not limited to, women's health, geriatrics, and children's health. The board shall represent the gender, racial, and geographical diversity of the state. (3) All members of the board shall be appointed by the Governor and confirmed by the Senate. The terms of office of all the members of the Joint Board of Family Practice shall expire July 1, 1998, but only at such time on or after that date when all 15 of the initial members of the Georgia Board of Physician Workforce have been appointed and qualified. No such initial member shall exercise any power under this chapter until all 15 members have been appointed and qualified. The initial members of the board who are appointed thereto shall take office for initial terms of office as follows: (A) Two primary care physicians, two physicians who are not primary care physicians, and one representative of a hospital which is not a teaching hospital shall be appointed to two-year terms of office; (B) Two primary care physicians, two physicians who are not primary care physicians, and one representative of a hospital which is not a teaching hospital shall be appointed to four-year terms of office; and (C) The remainder of the board shall be appointed to six-year terms of office. Thereafter, successors to such members shall be appointed for terms of six years. The Governor shall designate the term to which each initial member is appointed. All members shall serve until their successors are appointed and qualified. Members appointed under this paragraph shall be eligible to serve on the board until confirmed by the Senate at the session of the General Assembly next following their appointment. (4) In case of a vacancy on the board by reason of death or resignation of a member or for any other cause other than the expiration of the member's term of office, the board shall by secret ballot elect a temporary successor. If the General Assembly is in session, the temporary successor shall serve until the end of that session. If the General Assembly is not in session, the temporary successor shall serve until the end of the session next following the vacancy or until the expiration of the vacated member's term of office, whichever occurs first. The Governor shall appoint a permanent successor who shall be confirmed by the Senate. The permanent successor shall take office on the first day after the General Assembly adjourns and shall serve for the unexpired term and until his or her successor is appointed and qualified. THURSDAY, FEBRUARY 5, 1998 267 (5) The office on the board of a member thereof who fails to attend more than three consecutive regular meetings of the board, without excuse approved by resolution of the board, shall become vacant. (b) The board shall annually elect from its membership a chair, a vice-chair, and a secretary-treasurer by ballot. Meetings shall be held at the call of the chair or upon written request of a majority of the members. A majority of members then in office shall constitute a quorum and shall have the authority to act upon any matter properly brought before the board. The board shall keep permanent minutes and records of all its proceedings and actions. (c) Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day or substantial portion thereof that such member of the board is engaged in the work of the board, in addition to such reimbursement for travel and other expenses as is normally allowed to state employees. No member of the board shall receive the above per diem for more than 30 days in any one calendar year. (d) The board shall have the authority to employ such administrative staff as is necessary to carry out the functions of the board. Such staff members shall be employed within the limits of the appropriations made to the board. (e) The board, as it deems appropriate, shall have the authority to appoint advisory committees to advise the board on the fulfillment of its duties. The members of the advisory committees shall not receive any per diem or reimbursements; provided, however, that such members shall receive the mileage allowance provided for in Code Section 50-19-7 for the use of a personal car in connection with attendance at meetings called by the board. 49-10-2. The purpose of the board shall be to address the physician workforce needs of Georgia communities through the support and development of medical education programs. 49-10-3. The board shall have the following powers, duties, and responsibilities: (1) To locate and determine specific underserved areas of the state in which unmet priority needs exist for physicians by monitoring and evaluating the supply and distribution of physicians by specialty and geographical location; (2) To approve and allocate state appropriations for family practice training programs, including but not limited to fellowships in geriatrics and other areas of need as may be identified by the board; (3) To approve and allocate state appropriations for designated pediatric training programs; (4) To approve and allocate any other state funds appropriated to the Georgia Board for Physician Workforce to carry out its purposes; (5) To coordinate and conduct with other state, federal, and private entities, as appropriate, activities to increase the number of graduating physicians who remain in Georgia to practice with an emphasis on medically underserved areas of the state; and (6) To carry out any other functions assigned to the board by general law. 268 JOURNAL OF THE SENATE 49-10-4. The board shall have the power to contract with other state and federal agencies, persons, corporations, associations, institutions, and authorities in carrying out its responsibilities. In addition, the board shall have the authority to adopt reasonable rules and regulations to carry out those responsibilities." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Balfour Y Guhl Y Blitch Y Harbison Y Boshears Henson Bowen Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson.D Y Cagle Johnson.E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis EX Middleton Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 45, nays 0. Y Price,R Y Price,T Ragan Y Ralston Y Ray Y Roberts Y Scott Starr Y Stokes Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed by substitute. SB 510. By Senators Perdue of the 18th, Oliver of the 42nd, Stokes of the 43rd and others: A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, so as to provide for the "Crimes Against Family Members Act of 1998"; to define the offense of family violence assault; to provide penalties for such offense; to provide a specific penalty for the offense of simple assault against a person who is 65 years of age or older. Senator Glanton of the 34th offered the following amendment: Amend SB 510 by deleting on pg. 2, line 21 starting after "children," thru line 22 "household," deleting on pg. 4 line 18 starting after "children," thru line 19 "household," THURSDAY, FEBRUARY 5, 1998 269 deleting on pg. 5 line 36 starting after "children," thru line 37 "household," deleting on pg. 10 line 1 after "children," thru line 2 "household," On the adoption of the amendment, the yeas were 7, nays 22, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Harbison Y Boshears Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson.D Y Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis EX Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 51, nays 0. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 531. By Senators Walker of the 22nd, Harbison of the 15th and Thomas of the 10th: A bill to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Temporary Assistance for Needy Families Act," so as to change the provisions relating to eligibility for assistance; to change the provisions relating to assistance for qualified aliens. The Senate Committee on Health and Human Services offered the following substitute to SB 531: A BILL To be entitled an Act to amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known asthe "Temporary Assistance for Needy Families Act," so as to to change the provisions relating to assistance for qualified aliens; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Temporary Assistance for Needy Families Act," Said article is amended by striking 270 JOURNAL OF THE SENATE subsection (b) of Code Section 49-4-188, relating to assistance for qualified aliens, and inserting in its place the following: "(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 1999, unless such period is extended by enactment of the General Assembly, upon meeting the same qualifications and conditions as other applicants." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the President called for a roll call, and the vote was as follows: Abernathy Y Griffin Y Price,R N Balfour Y Guhl Y Price.T Y Blitch Y Harbison Y Ragan Y Boshears Henson Y Ralston Y Bowen Y Hill Ray Y Broun, 46th Y Hooks Y Roberts Brown, 26th Y Huggins Y Scott Y Brush EX James Y Starr Y Burton Y Johnson.D Y Stokes Y Cagle Y Johnson,E Y Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis EX Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Perdue On the adoption of the substitute, the yeas were 47, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abemathy N Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Brown, 26th N Brush N Burton N Cagle Y Cheeks N Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis N Glanton N Gochenour Griffin Y Guhl Y Harbison Henson Y Hill THURSDAY, FEBRUARY 5, 1998 271 Y Hooks EX Middleton Y Stokes Y Huggins Y Oliver Y Streat EX James Y Perdue Y Tanksley Y Johnson,D N Price.R Taylor N Johnson,E Y Price,T Y Thomas.D Y Kemp Y Ragan Y Thomas,N N Lamutt N Ralston Y Thompson Y Land N Ray Y Turner Y Langford N Roberts N Tysinger Y Madden Y Scott Y Walker Y Marable Y Starr On the passage of the bill, the yeas were 36, nays 14. The bill, having received the requisite constitutional majority, was passed by substitute. Senators Hill of the 4th and Harbison of the 15th introduced Major General William P. Bland, the Adjutant General of the State of Georgia, commended by SR 555, adopted previously, who addressed the Senate briefly. The President introduced the doctor of the day, Dr. Harrison Rogers of Decatur, Georgia. The following resolution was read and adopted: SR 590. By Senator Balfour of the 9th: A resolution commending the South Gwinnett High School Comets Fastpitch Softball Team. Senator Balfour of the 9th introduced the South Gwinnett High School Comets Fastpitch Softball team and their coach. Coach Parham addressed the Senate briefly. The Calendar was resumed. SB 437. By Senators Tysinger of the 41st, Hooks of the 14th, Starr of the 44th and Perdue of the 18th: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain publication requirements for competitive bids; to require reporting of certain bid opportunities; to change the provisions regarding publishing notice of proposed projects requiring professional services and definitions and exemptions relating thereto. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Abernathy Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Henson Y Hill Y Hooks Y Huggins 272 JOURNAL OF THE SENATE EX James Oliver Y Johnson,D Perdue Y Johnson.E Y Price,R Y Kemp Y Price.T Y Lamutt Y Ragan Y Land Y Ralston Y Langford Y Ray Y Madden Roberts Y Marable Scott EX Middleton Y Starr On the passage of the bill, the yeas were 46, nays 0. Y Stokes Y Streat Tanksley Y Taylor Y Thomas,D Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 426. By Senators Harbison of the 15th, Hill of the 4th and Glanton of the 34th: A bill to amend Code Section 50-3-4.1 of the Official Code of Georgia Annotated, relating to displaying copies of national motto and American and Georgia flags in certain places. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Balfour Y Guhl Y Blitch Y Harbison Y Boshears Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson.D Y Cagle Y Johnson.E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Langford Y Egan Y Madden Y Fort Y Marable Y Gillis EX Middleton Y Glanton Y Oliver Y Gochenour Perdue On the passage of the bill, the yeas were 46, nays 0. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Stokes Y Streat Y Tanksley Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Tysinger Walker The bill, having received the requisite constitutional majority, was passed. SB 471. By Senators Brush of the 24th and Thompson of the 33rd: A bill to amend Code Section 40-2-77 of the Official Code of Georgia Annotated, relating to special license plates for antique or hobby or special interest vehicles, so as to change the authorized dimensions of such special license plates. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, FEBRUARY 5, 1998 273 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Balfour Y Guhl Y Blitch Y Harbison Y Boshears Henson Y Bowen Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson.D Y Cagle Y Johnson.E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Bgan Y Madden Y Fort Y Marable Y Gillis EX Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 48, nays 0. Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Tysinger Walker The bill, having received the requisite constitutional majority, was passed. HB 1131. By Representatives Childers of the 13th, Martin of the 47th, Snow of the 2nd and others: A bill to amend an Act reorganizing the delivery of certain mental health and other services, so as to repeal a certain automatic repealer. Senate Sponsor: Senator Ragan of the llth. Senators Clay of the 37th and Crotts of the 17th offered the following amendment: Amend HB 1131 by adding a new Section 2 that reads: This legislation will stand repealed on July 1, 2001, unless otherwise reauthorized by the General Assembly of Georgia. Renumbering subsequent sections. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Abernathy N Balfour N Blitch Y Boshears N Bowen N Broun, 46th N Brown, 26th Y Brush N Burton Y Cagle N Cheeks Y Clay Y Crotts N Dean Y Egan N Fort N Gillis Y Glanton Y Gochenour N Griffin Y Guhl N Harbison Henson N Hill N Hooks N Huggins EX James N Johnson.D Y Johnson,E N Kemp N Lamutt Y Land N Langford N Madden N Marable EX Middleton 274 JOURNAL OF THE SENATE N Oliver N Roberts Thomas,D N Perdue N Scott Thomas,N Y Price,R N Starr N Thompson Y Price.T N Stokes N Turner N Ragan N Streat Y Tysinger N Ralston N Tanksley N Walker N Ray N Taylor On the adoption of the amendment, the yeas were 15, nays 36, and the Clay, Crotts amendment was lost. Senator Marable of the 52nd moved that Senator Henson of the 55th be excused. On the motion, the yeas were 49, nays 0; the motion prevailed, and Senator Henson was excused. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears EX Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James Y Burton Y Johnson,D Y Cagle Y Johnson.E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis EX Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 52, nays 0. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. Senator Gillis of the 20th introduced Robert Cook, Georgia Artist of the Year, cornmended by SR 568, adopted previously, who addressed the Senate briefly. The Calendar was resumed. Senator Perdue of the 18th, President Pro Tempore, assumed the Chair. HB 443. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, so as to provide that members may retire with less than 30 years of service. THURSDAY, FEBRUARY 5, 1998 275 Senate Sponsor: Senator Burton of the 5th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears EX Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Brush EX James Y Burton Y Johnson.D Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Egan Y Madden Y Fort Y Marable Y Gillis EX Middleton Y Glanton Y Oliver Y Gochenour Perdue(PRS) On the passage of the bill, the yeas were 47, nays 0. Y Price,R Y Price,T Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. Senator Walker of the 22nd moved that the Senate adjourn until 9 A.M. tomorrow; the motion prevailed, and at 12:03 P.M., the President Pro Tempore announced the Senate adjourned. 276 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 6, 1998 Fifteenth Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the 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 1498. By Representatives Hudgens of the 24th, Heard of the 89th and McBee of the 88th: A bill providing for the compensation for the coroner of Clarke County, so as to change the provisions relating to the coroner's salary. HB 1503. By Representative DeLoach of the 172nd: A bill to amend an Act entitled "An Act to provide a new charter for the City of Riceboro," so as to change the corporate limits. HB 1353. By Representatives Walker of the 141st, Buck of the 135th, Sauder of the 29th and others: A bill Amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to authorize the state revenue commissioner to enter into an agreement with the taxpayer to establish an allocation and apportionment formula under certain conditions. HB 1154. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying. HB 1087. By Representative Carter of the 166th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that certain rules and regulations shall be used to establish certain criminal violations; to provide that the Board of Natural Resources is authorized to designate certain waters as trout waters and to establish seasons and methods of fishing; to repeal Code Section 27-4-52, relating to trout waters without seasons, HB 1349. By Representative Floyd of the 138th: A bill to amend Code Section 10-1-3 of the Official Code of Georgia Annotated, relating to requirements for retail installment contracts, limitations, and pre- FRIDAY, FEBRUARY 6, 1998 277 payment, so as to raise the amount of the acquisition cost allowed to the retailer when prepayment is made. HB 1189. By Representatives Walker of the 141st, Skipper of the 137th, Royal of the 164th and others: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to provide for the approval and filing of applications for preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide residential transitional property. SB 417. By Senators Boshears of the 6th and Kemp of the 3rd: A bill to provide for the nonpartisan nomination and election of the clerk of the State Court of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date. SB 403. By Senator Land of the 16th: A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to motor vehicle instruction permits, graduated licensing, and related restrictions, so as to apply a driving record under a learner's permit previously issued by another state toward meeting eligibility requirements for a Class D driver's license. The following bills were introduced, read the first time and referred to committees: SB 577. By Senators Clay of the 37th, Ralston of the 51st and Price of the 56th: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremony, so as to provide that an application supplement-marriage report must have a photocopy of a non United States citizen's passport, visa, diplomatic identification, legal alien identification, or other similar entry documentation attached thereto; to provide for related matters; to provide for an effective date and applicability. Referred to Committee on Youth, Aging and Human Ecology. SB 578. By Senators Clay of the 37th, Ralston of the 51st and Price of the 56th: A bill to amend Code Section 19-3-30 of the Official Code of Georgia Annotated, relating to issuance, return, and recording of marriage licenses, so as to prohibit non-citizens who are not legally residing in or visiting the United States from obtaining a marriage license in Georgia ; to provide for related matters; to provide for an effective date and applicability. Referred to Committee on Youth, Aging and Human Ecology. SB 579. By Senators Clay of the 37th, Ralston of the 51st and Price of the 56th: A bill to amend Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to registration of births, so as to provide that a birth certificate shall be also filed in the county of residence of the mother if the mother resides in Georgia. Referred to Committee on Youth, Aging and Human Ecology. 278 JOURNAL OF THE SENATE SB 580. By Senator Clay of the 37th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that the Governor shall appoint a majority of the board of the joint county hospital authority which operates the largest facility in the state; to provide that the governing authority of each county and the largest municipality served shall appoint two board members each. Referred to Committee on State and Local Governmental Operations (General). SB 581. By Senator Clay of the 37th: A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, and Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to eliminate the two-year limit on supervised probation; to provide for related matters; to provide for an effective date and applicability. Referred to Committee on Corrections, Correctional Institutions & Property. SB 582. By Senators Clay of the 37th, Ralston of the 51st and Price of the 56th: A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide that orders of the probate court for the protection of the proposed ward shall remain in effect during an appeal; to provide that orders for the protection of the assets shall remain in effect until a bond is posted; to provide for related matters; to provide for an effective date and applicability. Referred to Committee on Judiciary. SB 583. By Senators Ray of the 48th, Price of the 56th, Burton of the 5th and Tysinger of the 41st: A bill to amend an Act creating the board of commissioners of Gwinnett County, as amended, so as to provide for the compensation of the chairperson and members of the board. Referred to Committee on State and Local Governmental Operations. SB 584. By Senators Land of the 16th, Harbison of the 15th and Hooks of the 14th: A bill to provide supplements to the salaries of the judges of the superior courts of the Chattahoochee Judicial Circuit from certain counties within the circuit; to provide the amount and method of payment of such supplements; to provide the amount of such supplements which certain counties within the circuit shall pay; to provide that such supplements shall be expenses of the superior courts; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 585. By Senators Fort of the 39th and Brown of the 26th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to enact a new Chapter 11 thereof providing for certain mediation procedures applicable to compensation of municipal police officers; to provide for related matters; to provide an effective date. FRIDAY, FEBRUARY 6, 1998 279 Referred to Committee on Public Safety. SB 586. By Senators Streat of the 19th, Bowen of the 13th, Guhl of the 45th and others: A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to change the requirements for appointment to the position of trooper; to provide an effective date. Referred to Committee on Public Safety. SB 587. By Senators Brown of the 26th, Hooks of the 14th, Blitch of the 7th and others: A bill to amend Code Section 21-2-416 of the Official Code of Georgia Annotated, relating to methods of casting ballots in elections, so as to authorize straight party voting or modified straight party voting; to provide for an effective date and for applicability. Referred to Committee on State and Local Governmental Operations (General). SB 588. By Senators Johnson of the 2nd and James of the 35th: A bill to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to public school prescribed courses and development and dissemination of instructional materials on effect of alcohol, so as to provide for a course of driver education. Referred to Committee on Education. SR 591. By Senators Clay of the 37th, Glanton of the 34th and Lamutt of the 21st: A resolution urging Congress to reduce or eliminate the motor fuel tax on low sulphur fuels. Referred to Committee on Transportation. SR 593. By Senators Clay of the 37th, Price of the 56th and Lamutt of the 21st: A resolution creating the Joint State Income Tax Reform Study Commission. Referred to Committee on Rules. SR 596. By Senators Ragan of the llth and Marable of the 52nd: A resolution creating the Senate Study Committee on Vocational Student Organizations. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 1087. By Representative Carter of the 166th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that certain rules and regulations shall be used to establish certain criminal violations; to provide that the Board of Natural Resources is authorized to designate certain waters as trout waters and to establish seasons and methods of fishing; to repeal Code Section 27-4-52, relating to trout waters without seasons. Referred to Committee on Natural Resources. 280 JOURNAL OF THE SENATE HB 1154. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying. Referred to Committee on Judiciary. HB 1189. By Representatives Walker of the 141st, Skipper of the 137th, Royal of the 164th and others: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to provide for the approval and filing of applications for preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide residential transitional property. Referred to Committee on Finance and Public Utilities. HB 1349. By Representative Floyd of the 138th: A bill to amend Code Section 10-1-3 of the Official Code of Georgia Annotated, relating to requirements for retail installment contracts, limitations, and prepayment, so as to raise the amount of the acquisition cost allowed to the retailer when prepayment is made. Referred to Committee on Consumer Affairs. HB 1353. By Representatives Walker of the 141st, Buck of the 135th, Sauder of the 29th and others: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to authorize the state revenue commissioner to enter into an agreement with the taxpayer to establish an allocation and apportionment formula under certain conditions. Referred to Committee on Finance and Public Utilities. HB 1498. By Representatives Hudgens of the 24th, Heard of the 89th and McBee of the 88th: A bill providing for the compensation for the coroner of Clarke County, so as to change the provisions relating to the coroner's salary. Referred to Committee on State and Local Governmental Operations. HB 1503. By Representative DeLoach of the 172nd: A bill to amend an Act entitled "An Act to provide a new charter for the City of Riceboro," so as to change the corporate limits. Referred to Committee on State and Local Governmental Operations. The following committee reports were read by the secretary: Mr. President: The Committee on Finance and Public Utilities has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: FRIDAY, FEBRUARY 6, 1998 281 SR 527. Do pass. SR 530. Do pass. SR 560. Do pass by substitute. SR 581. Do pass. Respectfully submitted, Mr. President: Senator Starr of the 44th District, Chairman The Committee on Health and Human Services 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 431. Do pass by substitute. HB 1222. Do pass. Respectfully submitted, Mr. President: Senator Middleton of the 50th District, Chairman The Committee on Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 425. Do pass by substitute. SB 541. Do pass. Respectfully submitted, Mr. President: Senator Oliver of the 42nd District, Chairman 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 485. Do pass. SB 532. Do pass. SB 564. Do pass. HB 1397. Do pass. HB 1398. Do pass. HB 1399. Do pass. HB 1400. Do pass. HB 1465. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: SB 443 SB 518 SB 476 SB 536 SB 487 SR 559 SB 488 HR 844 SB 493 SB 508 Senator Land of the 16th moved that Senator Burton of the 5th be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Burton was excused. Senator Harbison of the 15th moved that Senator James of the 35th be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator James was excused. Senator Land of the 16th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Ralston was excused. Senator Gillis of the 20th asked unanimous consent that the roll call be dispensed with. The consent was granted, and the roll call was dispensed with. The President assumed the Chair. 282 JOURNAL OF THE SENATE The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Thompson of the 33rd introduced the chaplain of the day, Reverend Marvin Frady, pastor of Parkview Baptist Church, Austell, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 589. By Senators Perdue of the 18th, Ragan of the llth, Gillis of the 20th and others: A resolution recognizing and commending Hillary Smith. SR 592. By Senator Clay of the 37th: A resolution designating May, 1998, as Liver Awareness Month. SR 594. By Senator Thomas of the 54th: A resolution recognizing Carlton Petty for his gift to the State of Georgia and acts of conservation. SR 595. By Senators Taylor of the 12th, Hooks of the 14th, Bowen of the 13th and others: A resolution commending Honorable Sanford Bishop. SR 597. By Senators Hill of the 4th, Dean of the 31st, Gillis of the 20th and others: A resolution recognizing Emma Thompson Kelly for her outstanding musical talents. SR 598. By Senator Oliver of the 42nd: A resolution recognizing February 5, 1998, as "Girls and Women in Sports Day". SR 599. By Senators Crotts of the 17th and Land of the 16th: A resolution commending certain personnel. Senator Middleton of the 50th introduced J. B. Jones, former Lumpkin County Commissioner, commended by SR 516, adopted previously, who addressed the Senate briefly. Senator Perdue of the 18th, President Pro Tempore, assumed the Chair. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Friday, February 6, 1998 FIFTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 564 Brush, 24th CITY OF GROVETOWN FRIDAY, FEBRUARY 6, 1998 283 A bill to provide a new charter for the City of Grovetown; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority. HB 1397 Land, 16th HARRIS COUNTY A bill to amend an Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, so as to authorize the governing authority to pay to the sheriff of Harris County a salary supplement of up to $5,500.00 per year. HB 1398 Land, 16th HARRIS COUNTY A bill to amend an Act to abolish the offices of tax receiver and tax collector of Harris County and consolidate said offices into the office of tax commissioner of Harris County, so as to authorize the governing authority to pay to the tax commissioner of Harris County a salary supplement of up to $3,900.00 per year. HB 1399 Land, 16th HARRIS COUNTY A bill to amend an Act to provide that the ordinary of Harris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the probate judge of Harris County a salary supplement of up to $4,100.00 per year. HB 1400 Land, 16th HARRIS COUNTY A bill to amend an Act to provide that the clerk of the superior court of Harris County be placed on a salary basis in lieu of a fee basis, so as to authorize the governing authority to pay to the clerk of the superior court of Harris County a salary supplement of up to $4,600.00 per year. HB 1465 Griffin, 25th CITY OF BOSTWICK A bill to reincorporate and provide a new charter for the City of Bostwick. The substitute to the following bill was put upon its adoption: HB 1397: Senator Land of the 16th offered the following substitute to HB 1397: 284 JOURNAL OF THE SENATE A BILL To be entitled an Act to amend an Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, approved March 17, 1960 (Ga. L. 1960, p. 2923), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3632), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2549), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3343), so as to authorize the governing authority to pay to the sheriff of Harris County a salary supplement of up to $5,500.00 per year; to validate and confirm certain prior expenditures of county funds; to provide for the selection and compensation of deputies; to repeal certain obsolete provisions; 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. An Act to change the compensation of the sheriff of Harris County from a fee system to a salary system, approved March 17, 1960 (Ga. L. 1960, p. 2923), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3632), by an Act approved March 30, 1971 (Ga. L. 1971, p. 2549), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3343), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: "SECTION 2. (a) The governing authority of Harris County is authorized to pay to the sheriff of Harris County a supplement of up to $5,500.00 per year, payable in equal monthly installments from county funds, which supplement shall be in addition to the compensation, salary, expenses, and allowances presently being received by the sheriff of Harris County from the State of Georgia or any other source. In setting the amount of the supplement, the governing authority may take into consideration the sheriffs level of formal education, professional training, law enforcement experience, and management experience. (b) Any prior expenditure by the governing authority of county funds in a manner authorized by this section is validated and confirmed." SECTION 2. Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows: "SECTION 3. The sheriff of Harris County is authorized to select and determine the number of deputies. The governing authority of Harris county shall fix the salary of each of said deputies, to be paid in equal monthly installments out of county funds." SECTION 3. Said Act is further amended by repealing in its entirety Section 2A, which reads as follows: "SECTION 2A. The governing authority of Harris County shall be authorized to increase the compensation of the sheriff up to $500.00 per annum on and after January 1, 1972." FRIDAY, FEBRUARY 6, 1998 285 SECTION 4. Said Act is further amended by repealing in its entirety Section 4, which reads as follows: "SECTION 4. Two radio equipped automobiles, expenses for the maintenance thereof, including gas and oil consumed, used for county business, all necessary office expenses, rent, supplies, utilities, and materials, and all actual expenses for hotel, meals, and travel, when out of the county on county business, shall be furnished by Harris County to the sheriff of said county. The sheriff shall have an allowance for uniforms not to exceed $500.00 for each uniformed deputy for the year 1967, and not to exceed $150.00 for each such uniformed deputy for each year thereafter. The sheriff shall also have an allowance for uniforms not to exceed $500.00 for the first year for each new or additional uniformed deputy, and not to exceed $150.00 for each such deputy for each year thereafter. The sheriff shall consult with the governing authority of the county prior to purchasing any uniforms, and the governing authority shall pay for any such uniforms purchased upon itemized bills being submitted and certified by the sheriff. All such uniforms shall be and remain the property of the county. No other personal equipment shall be furnished. In the event the radio equipped automobiles as provided above have traveled 85,000 miles or more, the governing authority of Harris County shall replace either or both of the automobiles which have exceeded such maximum mileage limitation." SECTION 5. This Act shall become effective on April 1, 1998. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted. 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: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush EX Burton Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Henson Y Hill Y Hooks Y Huggins EX James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver Perdue(PRS) Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Scott Y Starr Stokes Y Streat 286 JOURNAL OF THE SENATE Y Tanksley Thomas,N Y Tysinger Y Taylor Y Thompson Y Walker Y Thomas,D Y Turner On the passage of the local bills, the yeas were 47, nays 0. The bills on the Local Consent Calendar, except HB 1397, having received the requisite constitutional majority, were passed. HB 1397, having received the requisite constitutional majority, was passed by substitute. SENATE RULES CALENDAR Friday, February 6, 1998 FIFTEENTH LEGISLATIVE DAY HB 759 Peace Officers' Annuity and Benefit; include certain children and youth services employees (Ret-34th) Parrish-144th SB 481 Lead Hazard Reduction Program-abatement on person's property (SubstituteXNat R-55th) SB 482 Labor, Industrial Relations-protection of title of industrial hygienist (C Aff-55th) SB 514 Natural Resources, Game and Fish-designation of conservation rangers (Nat R-20th) SB 337 Tree Trimming on Rights of Way-vegetation maintenance program (Substitute)(Trans-33rd) Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee Senator Johnson of the 2nd moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Stokes was excused. Senator Marable of the 52nd moved that Senator Henson of the 55th be excused. On the motion, the yeas were 32, nays 1; the motion prevailed, and Senator Henson was excused. Senator Dean of the 31st moved that Senator Turner of the 8th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Turner was excused. The following general bills were read the third time and put upon their passage: HB 759. By Representatives Parrish of the 144th, Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Article 1 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions regarding the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to definitions. Senate Sponsor: Senator Glanton of the 34th. FRIDAY, FEBRUARY 6, 1998 287 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Blitch N Guhl Y Harbison Y Boshears EX Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Brush EX Burton Y Huggins EX James Y Johnson,D Y Cagle Y Johnson.E Y Cheeks Y Clay Y Crotts Y Kemp Y Lamutt Y Land Y Dean Langford N Egan Y Madden Y Fort Y Gillis Y Glanton Y Marable Y Middleton Y Oliver N Gochenour Perdue (PRS) On the passage of the bill, the yeas were 40, nays 6. Y Price.R N Price,T Y Ragan Y Ralston N Ray Y Roberts Scott Y Starr EX Stokes Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson EX Turner N Tysinger Walker The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair. SB 481. By Senator Henson of the 55th: A bill to amend Code Section 31-41-3 of the Official Code of Georgia Annotated, relaing to definitions applicable to the lead hazard reduction program, so as to change certain definitions; to amend Code Section 31-41-4 of the Official Code of Georgia Annotated, relating to the creation of the lead hazard reduction program, so as to change certain provisions relating to abatement on a person's property. SB 482. By Senator Henson of the 55th: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the protection of the title of industrial hygienist; to provide for related matters. The President stated that SB 481 and SB 482 would be dropped to the bottom of the Calendar because the bills' sponsor, Senator Henson of the 55th had been excused earlier. SB 514. By Senator Gillis of the 20th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to make uniform certain new designations of conservation rangers; to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game 288 JOURNAL OF THE SENATE and fish, so as to provide for a new designation of conservation rangers and to make certain provisions conform to such new designation. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James EX Burton Johnson,D Y Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton N Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 48, nays 1. Y Price,R Y PriceJ Y Ragan Y Ralston Y Ray Y Roberts Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson EX Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 337. By Senators Thompson of the 33rd, Streat of the 19th, Langford of the 29th and Brush of the 24th: A bill to amend Code Section 32-6-75.2 of the Official Code of Georgia Annotated, relating to the authority of the commissioner of transportation to issue permits for the trimming of trees and vegetation on state rights of way, so as to provide for the establishment of an effective vegetation maintenance program for the promotion of tourism. Senator Kemp of the 3rd moved that he be excused from voting on SB 337 pursuant to Senate Rule 175. On the motion, the yeas were 33, nays 1, the motion prevailed, and Senator Kemp was excused. The Senate Committee on Transportation offered the following substitute to SB 337: A BILL To be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to state highway system, so as to change certain provisions relating to the Outdoor Advertising Citizens Advisory Council and its membership, functions, election of officers, rules of operation, meetings, compensation, and expenses; to provide for a Roadside Enhancement and Beautification Council; to change certain provisions relating to authority of the commissioner of transportation to FRIDAY, FEBRUARY 6, 1998 289 issue permits for trimming trees and vegetation on state rights of way; to provide for legislative findings and declarations; to provide for a Roadside Enhancement and Beautification Fund; to change certain provisions relating to application for tree trimming permit and annual renewal, application fees, use of fees, landscape plan, and expenses of trimming; to provide for penalties and remedies for violations; to change certain provisions relating to promulgation of rules and regulations by the department of transportation; to provide for effectiveness on a date certain contingent upon ratification of a constitutional amendment; to provide for automatic repeal otherwise; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to state highway system, is amended by striking Code Section 32-6-75.1, relating to the Outdoor Advertising Citizens Advisory Council and its membership, functions, election of officers, rules of operation, meetings, compensation, and expenses, and inserting in lieu thereof the following: "32-6-75.1. (a)(l) The comuiissiuiim Governor shall appoint an Outduui Advertising Ciliaens Advisory a Roadside Enhancement and Beautification Council composed of seven 12 members. The advisuiy council shall include the cliaiiman chairperson of the Senate Transportation Committee; the chaiiiuaii chairperson of the House Transportation Committee; a member from the Georgia Conservancy; a member from the Garden Clubs of Georgia, Inc.; a member of the faculty of the School of Environmental Design at the University of Georgia; a member from the Sierra Club; a member from the Georgia Wildlife Federation; two four members with business interests in the uutduui advei Using industiy of the Outdoor Advertising Association; and the director of the Operations Division of the Georgia Department of Transportation. The commissioner shall submit recommendations to the Governor for consideration thereby for purposes of selecting persons to be appointed to the council. (2)(A) Terms of those members representing the Georgia Conservancy, the Garden Clubs of Georgia, and the School of Environmental Design and of two of those members representing the Outdoor Advertising Association shall expire on January 1, 2001, and quadrennially thereafter. Such members may be appointed to successive terms. (B) Terms of those members representing the Sierra Club and the Georgia Wildlife Federation and of two of those members representing the Outdoor Advertising Association shall expire on January 1, 2003, and quadrennially thereafter. Such members may be appointed to successive terms. (3) A landscape architect employed by the department and designated by the commissioner shall serve as an adviser to the council. (b) The Hdvisuiy council shall aid the cuninnssionei in funiiulating policies and ilis- clettcu Lu tlic aUinini&tiaLiOii ul tlxia ailiulc. In auuitiim, llie tiuviaui.y slmll eiuvisc tliti uuiiiiiiisaiujubj. un llic alaiiuciiua cinu puiiuica tu be uoeu uy lilt; cii tineiiL iii Llic iOllu w (1) The study uf whbLhei the li limiting of Lines and vegetaLiun 011 sLale lights uf way should be peimitted ia front of legal aiiJ iiuiuiuufui uiing outduui advertising signs Review the performance of permittees holding current tree and vegetation 290 JOURNAL OF THE SENATE trimming permits issued under Code Section 32-6-75.3 for compliance with the requirements of such permits including without limitation the implementation of landscaping plans; and \i ) TI LIic lAiiiuiiiBoiuiid , ullci' i^ujiBLilL&Liuii wiLli tlic auVi&ui^ i LlieLl o uui Li miming Sliuulil tjtz ^jt^iiiiiLLtiii, Llit? ailviSOi1 ^' livllliCil Sliilll auvioc Llic uc- ^jcii LiiiciiL un Llic iliaiiiici aiiu 9 Laiiiidi ^lo uiiild w lui;li bui;li ^ici uiiLo bliuulil ue gi aiitcu u^ tlic uepai tiueiit, 35 well a tlic atemumua iui tlic maintenance ul aui;li Uiiiimed areas Submit to the commissioner annually not later than 30 days after the date of its fourth quarter meeting a written report of findings based upon its reviews of permittees' performances and recommendations including without limitation any recommendations for expenditures from the Roadside Enhancement and Beautification Fund established pursuant to Code Section 32-6-75.2. (c) The adviaui,y council shall meet to elect a cliaumau and vice-chahmaii chairperson and vice chairperson and to establish the rules governing its operation. The advisory council shall meet at the call of the uhahmaii chairperson and shall meet not less than StiniiciilliUcilly HOI niui't; Lliciil JLii Lniititi Ji^Ji* yefl~T" C[Uirt6rly. (d) Each advisory cumicil membm councilmember shall he compensated at a rate of $44.00 per day the same as that rate per day provided by law for members of the General Assembly serving on interim committees and shall be reimbursed for any necessary expensesr-Any; provided, however, that any full-time state employee on the advisory council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds. (e) The Outdoor Advertising Citizens Advisory Council formerly provided by this Code section shall stand abolished on January 1, 1999." SECTION 2. Said part is further amended by striking Code Section 32-6-75.2, relating to authority of commissioner of transportation to issue permits for trimming trees and vegetation on state rights of way, which reads as follows: "32-6-75.2. Notwithstanding any other provisions of this title, the commissioner shall have the authority to issue permits and the annual renewal thereof for the trimming of trees and vegetation on the state's rights of way for the purposes of administering this article.", and by inserting in lieu thereof the following: "32-6-75.2. There is established a special fund to be known as the 'Roadside Enhancement and Beautification Fund.' This fund shall consist of all moneys paid into the fund under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, any contributions to the fund from any other source, and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appro- FRIDAY, FEBRUARY 6, 1998 291 priated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board and to members of the public on request." SECTION 3. Said part is further amended by striking in its entirety Code Section 32-6-75.3, relating to application for tree trimming permit and annual renewal, application fees, use of fees, landscape plan, and expenses of trimming, which reads as follows: "32-6-75.3. (a) Application for a tree trimming permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations. The applicant shall either: (1) Attach to the application form a copy of the landscape plan for the area desired to be trimmed and after approval by the department shall trim the area at its own expense; or (2) Request that the department develop a landscape plan and trim the area, and the applicant shall then reimburse the department for the plan and the trimming. (b) An application fee of $25.00 shall accompany the application for each tree trimming permit, and both the application and the fee shall be submitted to the department. There shall be a fee of $25.00 for the annual renewal of the permit. The money received from these permit fees shall be used to help defray the expenses of administering this Code section, any provisions of Code Section 48-2-17 to the contrary notwithstanding.", and by inserting in lieu thereof the following: "32-6-75.3. (a) The General Assembly finds and declares that outdoor advertising provides a substantial service and benefit to Georgia and Georgia's citizens as well as the traveling public. Therefore, the General Assembly declares it to be in the public interest that provisions be made for the visibility of outdoor advertising displays legally erected and maintained along the highways in this state in order to promote tourism and to provide information regarding places offering lodging, food, motor vehicle fuels and lubricants, motor service and repairs, or any other services or products available to the general public. Recognizing, however, that the beautification of this state and the health of its environment are absolutely essential and equally as important to the traveling public, the General Assembly finds and declares that these needs must be balanced. (b)(l) So as to promote these objectives and in accordance with the provisions of this Code section, the commissioner shall provide by rule or regulation for the issuance and annual renewal of permits for the trimming and removal of trees and other vegetation on the state rights of way with respect to outdoor advertising displays legally erected and legally maintained adjacent to said rights of way. (2) So as to ensure that no vegetation maintenance permits are issued for the purpose of creating new outdoor advertising signs, no owner of outdoor advertising displays erected after January 1, 1999, or such owner's agent, will be eligible to make application for vegetation maintenance for a period of five years from the date a new display is erected. 292 JOURNAL OF THE SENATE (c) Application for a tree or vegetation trimming or removal permit and the annual renewal thereof shall be made upon the forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department's rules and regulations. The applicant shall either: (1) Attach to the application form a copy of the landscape plan for the area desired to be trimmed or from which vegetation is to be removed and after approval by the department shall trim or remove vegetation from the area at its own expense; or (2) Request that the department develop a landscape plan and trim or remove vegetation from the area, and the applicant shall then reimburse the department for the plan and the trimming or removal. (d) An application fee of $50.00 shall accompany the application for each such permit, and both the application and the fee shall be submitted to the department. There shall be a fee of $50.00 for the annual renewal of the permit. (e)(l) The department shall evaluate each application for a permit under this Code section and require as a condition of granting any permit under this Code section that the value of the landscaping to be either provided or paid for by the applicant is not less than the department's appraised value of the benefit to be conferred by the state upon the applicant by allowing the trimming or removing of trees or other vegetation as requested, including without limitation the value of the trees or vegetation to be trimmed or removed; provided, however, that a permit may be granted to an otherwise qualified applicant in a case where the value of the landscaping to be either provided or paid for by the applicant is less than the department's appraised value of the benefit to be conferred by the state upon the applicant by allowing the trimming or removing of trees or other vegetation as requested if, in addition, the applicant pays to the department an amount equal to the amount of the difference between the value of the landscaping to be either provided or paid for by the applicant and the department's appraised value of the benefit to be conferred by the state upon the applicant by allowing the trimming or removing of trees or other vegetation as requested. (2)(A) No cutting or removal of any tree having a diameter outside bark of more than eight inches at a height of six inches above ground level, any historic or endangered species tree, or any trees planted as part of any local, state, or federal government project shall be permitted under this Code section. (B) Pruning or trimming of trees under a permit shall conform to applicable standards of the American Arborist Association as of January 1, 1998. (3) An applicant's record of conduct regarding disturbance of trees or other vegetation on state rights of way shall be considered by the department as part of the evaluation process for any permit or permit renewal application. (4) Prior to approving any permit application to remove allegedly diseased trees, the department shall verify that such trees are in fact diseased. Such determination shall be made by the department's landscape architect. (5) A performance bond in an amount adequate for the requirements of the permit as determined by the department shall be required of each permittee. (f)(l) No trees or other vegetation on state rights of way shall be trimmed or removed other than in accordance with a permit issued under this Code section by any person other than the department or an authorized agent or contractor thereof. FRIDAY, FEBRUARY 6, 1998 293 (2) No conforming outdoor advertising sign to which a permit under this Code section is applicable shall be unused for advertising for a period of six consecutive months or more. (3) On and after July 1, 1999, no outdoor advertising sign to which a permit under this part is applicable shall be maintained in such a condition of disrepair as to be unusable for advertising. (4)(A) In cases where the department believes that a violation of this subsection has been committed by any person, the procedures provided under Code Section 32-6-95 shall apply the same as in cases wherein the department believes that a sign is being maintained in violation of this part. (B) Following notice, hearing, and a finding that a person has committed a violation of paragraph (1) of this subsection, a civil fine of not less than $10,000.00 nor more than $20,000.00 shall be imposed on such person. (C) Following notice, hearing, and a finding that a permittee under this Code section has committed a violation of paragraph (2) of this subsection, an order directing the removal of such unused sign shall be issued. (D) Following notice, hearing, and a finding that a permittee under this Code section has committed a violation of paragraph (3) of this subsection, an order directing the removal of such unusable sign shall be issued. (g) All funds collected pursuant to this Code section shall be deposited into the Roadside Enhancement and Beautification Fund provided under Code Section 32-6-75.2." SECTION 4. Said part is further amended by striking Code Section 32-6-90, relating to promulgation of rules and regulations by the department of transportation, and inserting in lieu thereof the following: "32-6-90. The department is authorized to promulgate rules and regulations governing the issuance and revocation of permits for the erection and maintenance of outdoor advertising which is authorized by Code Sections 32-6-72 and 32-6-73 and which is not prohibited by this part. The department is further authorized to promulgate rules and regulations governing the issuance, revocation, and renewal of permits for the trimming of trees and vegetation on the state's rights of way authorized by and in accordance with Code Section 32-0-70.2 32-6-75.3. Such rules and regulations shall be consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this part, and consistent with the purposes of the Highway Beautification Act of 1965, Public Law 89-285, as amended, and contained in Title 23, United States Code. The department is further authorized to promulgate such rules and regulations as are necessary to carry out this part." SECTION 5. This Act shall become effective on January 1, 1999, upon the ratification of a resolution at the November 1998 state-wide election which amends the Constitution so as to authorize the General Assembly to provide by general law for a roadside enhancement and beautification fund from which funds shall be disbursed for enhancement and beautification of public rights of way, for allocation of revenue from tree and vegetation trimming permit fees and additional assessments thereto to such fund, for nonlapsing of moneys paid into such fund, and that such Act may originate in the Senate. If such a resolution 294 JOURNAL OF THE SENATE is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 1999. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senators Thompson of the 33rd, and Johnson of the 1st offered the following amendment: Amend the Senate Committee on Transportation substitute to SB 337 by striking lines 19 through 20 on page 7 and inserting in lieu thereof the following: "conform to industry standards as defined by the National Arborist Association, International Society of Arboriculture and ANSI A300 pruning standards as of January 1, 1998." By striking the word "believes" on line 5 of page 8 and inserting in lieu thereof "has reasonable cause to believe". By inserting between lines 25 and 26 on page 8 the following: "(E) The department or its authorized agents shall be authorized to enter upon private lands and disassemble and remove signs without civil or criminal liability therefor pursuant to an order issued in accordance with this paragraph and as provided by Code Section 32-6-96 for disassembly and removal of illegal outdoor advertising signs." On the adoption of the amendment, the yeas were 47, nays 0, and the Thompson, Johnson of the 1st amendment (25 0205) to the committee substitute was adopted. Senators Thompson of the 33rd and Johnson of the 1st offered the following amendment #2: Amend the Senate Committee on Transportation substitute to SB 337 by inserting "and removing" at the end of line 9 on page 1. By inserting "and removal" at the end of line 13 on page 1. By inserting "of Georgia, Inc." after the word "Association" on line 12 of page 2. By inserting "and removal" after the word "trimming" on line 1 of page 3. By striking "erected" and inserting in lieu thereof "permitted" on line 9 of page 6. By striking lines 15 through 25 of page 6 and inserting in lieu thereof "the department's rules and regulations.". By striking the word "conforming" on line 39 of page 7. By striking the word "part" on line 2 of page 8 and inserting in lieu thereof "Code section". On the adoption of the amendment, the yeas were 45, nays 0, and the Thompson, Johnson of the 1st amendment #2 (25 0206) to the committee substitute was adopted. Senators Thompson of the 33rd and Ray of the 48th offered the following amendment #3: Amend the Senate Committee on Transportation substitute to SB 337 by striking lines 34 through 43 on page 2 and lines 1 through 17 on page 3 and inserting in lieu thereof the following: FRIDAY, FEBRUARY 6, 1998 295 "(b) The advisuiy council shall aid the commissioner in formulating policies and discussing problems related to the administration of this article. In addition, the advisory council shall advise the cumniissiuiitir oil thy slandaiilu and policies tu by used \jy Llic UC^JGII LiiiciiL ill Lllc Iwlluwiiij^ opcdliCai'cds^ (1) Thu study uf wbuthm the trimming uf Lines and vegetation on state rights uf Vv&y siiGiiiuDS pfer1111Litict in iront or it^cticiiiunonconioimiin^outdoor &U. v ci1Lisnig signs; and Review, comment upon, and make recommendations to the commissioner on the standards and policies to be used in the trimming and removal of vegetation on state rights of way in front of legally erected and maintained outdoor advertising signs; v^/ Ti Lllti; COIilHUS SlGUti!" > fl.lt/til1 COUSUi19. uiuilWitlltli^ eldVISul*yCOU.ll.Cll, trct i1*1111liea Lll&LSUCliLi'lllillllli'^SllOUlu DC JJ^Ji'illitLcu., Lllc3.u.VISOry COUUC11 Silfltlctiivioc tlTS TK;- piil'Lliitiril, uli Uiti lUfLUIl^l1 ' flllltl SLciiiucH'U-S Unilei wiiiCil SUCii pci*lllitc> Sliu ulu De ^i'ciiiL^Q u^ LIic QCipfl.i LulciiL} SCS Well tS I/1T& Stciiiu.cii'u.ri TOT tiI6 111ell111/1;llctllCt; Ol SUCli Li inlineJ aieas. Make recommendations to the department regarding standards for vegetation removal and landscape and maintenance plans submitted by permittees; (3) Review the performance of permittees holding current tree and vegetation trimming permits issued under Code Section 32-6-75.3 for compliance with the requirements of such permits including without limitation the implementation of landscaping plans; (4) Encourage the contribution of funds from appropriate sources to the Roadside Enhancement and Beautification Fund established pursuant to Code Section 32-675J2; (5) Submit to the commissioner annually not later than 30 days after the date of its fourth quarter meeting a written report of findings based upon its reviews of permittees' performances and recommendations including without limitation any recommendations for expenditures from the Roadside Enhancement and Beautification Fund established pursuant to Code Section 32-6-75.2; and (6) Perform such other functions as may be specified for the council by the department. The council shall have full and complete access to all department records necessary for the performance of its duties." On the adoption of the amendment, the yeas were 46, nays 0, and the Thompson, Ray amendment #3 (25 0200) to the committee substitute was adopted. Senators Ray of the 48th and Thompson of the 33rd offered the following amendment #4: Amend the Senate Committee on Transportation substitute to SB 337 by striking lines 26 through 30 of page 6 and inserting in lieu thereof the following: "(d) An application fee shall accompany the application for each vegetation maintenance permit and both the application and fee shall be submitted to the department. There shall be an annual renewal of the permit for activities in the original scope of the permit. The department shall promulgate rules and regulations setting forth the application fees and renewal fees. Such application and renewal fees shall be established by the department in reasonable amounts in order to fully recover the costs of administering the vegetation maintenance program." 296 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 46, nays 0, and the Ray, Thompson amendment #4 (25 0201) to the committee substitute was adopted. Senator Egan of the 40th offered the following amendment #5: Amend the committee substitute to SB 337 by striking the word "substantial" on line 21 page 5 On the adoption of the amendment, the yeas were 10, nays 35, and the Egan amendment #5 to the committee substitute was lost. Senator Cheeks of the 23rd moved that he be excused from voting on SB 337 pursuant to Senate Rule 175. On the motion, the yeas were 40, nays 1; the motion prevailed, and Senator Cheeks was excused. On the adoption of the committee substitute, the yeas were 45, nays 0, and the committee 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: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush EX James EX Burton Y Johnson,D Y Cagle Y Johnson,E EX Cheeks EX Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 50, nays 0. Y Price.R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson EX Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed by substitute. SB 481. By Senator Henson of the 55th: A bill to amend Code Section 31-41-3 of the Official Code of Georgia Annotated, relaing to definitions applicable to the lead hazard reduction program, so as to change certain definitions; to amend Code Section 31-41-4 of the Official Code of Georgia Annotated, relating to the creation of the lead hazard reduction program, so as to change certain provisions relating to abatement on a person's property. FRIDAY, FEBRUARY 6, 1998 297 The Senate Committee on Natural Resources offered the following substitute to SB 481: A BILL To be entitled an Act to amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to change certain definitions; to change certain provisions relating to abatement on a person's property; to provide for enforcement and penalties; 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 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by striking in its entirety Code Section 31-41-3, relating to definitions applicable to the lead hazard reduction program, and inserting in lieu thereof the following: "31-41-3. As used in this chapter, the term: (1) 'Abatement' means any set of measures designed to eliminate lead-based paint hazards, in accordance with standards developed by the Jepai tmeiit board, including: (A) Removal of lead-based paint and lead contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and (B) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. (2) 'Accessible surface' means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew. (2.1) 'Board' means the Board of Natural Resources of the State of Georgia. (3) 'Department' means the Department of Natural Resources. (4) 'Friction surface' means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. (5) 'Impact surface' means an interior or exterior surface or fixture that is subject to damage by repeated impacts, for example, certain parts of door frames. (6) 'Inspection' means a surface by surface investigation to determine the presence of lead-based paint ui lead-based paint haaaids and the provision of a report explaining the results of the investigation. (7) 'Interim controls' means a measure or set of measures as specified by the depai liinjiil board taken by the owner of a structure that are designed to control temporarily human exposure or likely exposure to lead-based paint hazards. (8) 'Lead-based paint' means paint or other surface coatings that contain lead in excess of limits established by the dupai tmuiit board regulation. (9) 'Lead-based paint activities' means the inspection and assessment of lead hazards and the planning, implementation, and inspection of interim controls and abatement activities as determined by the department. 298 JOURNAL OF THE SENATE (10) 'Lead-based paint hazard' means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, or lead contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established pursuant to Section 403 of the Toxic Substance Control Act. (9X11) 'Lead contaminated dust' means surface dust in residential dwellings or in other facilities occupied or regularly used by children that contains an area or mass concentration of lead in excess of levels determined by the depaiUiiunl tu puse a threat uf adveise health effects in pieguant women ui young cliildien pursuant to Section 403 of the Toxic Substance Control Act. ti6K12) 'Lead contaminated soil' means bare soil on residential real property or on other sites frequented by children that contains lead at or in excess of levels determined to be hazardous to human health by llie dupai Uiujul pursuant to Section 403 of the Toxic Substance Control Act. ) 'Lead contaminated waste' means any discarded material resulting from an abatement activity that fails the toxicity characteristics determined by the department. (12)(14) 'Lead tunti actor firm' means a pei'buii employing ui contracting with pui- SU119 CllgdggCU 111 Icilll illZi 376,294 $i 569,046 $i 4,974,431 $! 1,328,484 $i 357,718 $! 263,191 $! 2,025,699 $i 2,736,633 $ 1,400,306 $! 6,358,148 $i 278,580 $i 9,458,842 $i 7,843,045 $i 3,286,750 $! 7,167,155 ti 177,138 $S 13,024,215 j5 0 5> 284,958,082 $> 1,907,651 1,364,601 442,425 0 4,717,392 685,576 710,584 1,080,501 376,294 569,046 4,974,431 1,074,293 206,580 263,191 1,779,342 2,513,815 888,433 6,088,148 278,580 5,248,958 0 2,530,130 2,743,551 159,641 10,739,428 (1,535,718) 154,895,867 > 80,070,234 it! 11,635,180 $5 1,402,054 3i 50,582 3i 751,574 i!5 4,117,555 si5 7,855,273 si! 2,990,069 5> 2,043,183 5> 29,330,191 <5 730,245 5! 11,556,562 5i 255,000 5i 859,650 5i 823,675 5\ 154,471,027 5i 100,000 5> 24,012,698 Total Funds State Funds 61,115,620 $ 12,024,237 THURSDAY, FEBRUARY 12, 1998 447 Independent Living Employment Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total 4. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grants to County DFACS - Operations Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Employment Services Child Support Recovery Temporary Assistance for Needy Families SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations - Eligibility 763,949 $ 566,005 $ 10,140,272 $ 4,081,230 $ 694,540 $ 38,737,780 $ 12,600,070 $ 25,771,561 $ 154,471,027 $ 328,969 566,005 3,585,422 1,237,275 694,540 0 867,699 4,708,551 24,012,698 $ 46,034,209 $ 4,654,700 $ 1,139,360 $ 0 $ 383,289 $ 3,722,619 $ 23,986,982 $ 29,594,569 $ 10,099,417 $ 3,286,607 $ 306,399,952 $ 6,579,933 $ 233,807,247 $ 27,366,239 $ 2,774,054 $ 312,772,138 $ 1,012,601,315 $ 2,565,582 $ 357,315,947 Total Funds State Funds 513,508 $ 513,508 3,623,110 $ 3,125,801 3,284,424 $ 3,024,181 3,927,362 $ 3,927,362 10,824,372 $ 543,999 1,076,242 $ 1,076,242 2,704,799 $ 1,699,008 30,788,253 $ 13,048,816 1,475,648 $ 1,475,648 70,691,121 $ 11,335,403 296,109,390 $ 68,100,070 1,122,012 $ 2,799,420 $ 7,223,130 $ 117,561,676 $ 1,122,012 0 0 58,036,963 448 JOURNAL OF THE SENATE County DFACS Operations - Social Services Food Stamp Issuance County DFACS Operations - Homemakers Services County DFACS Operations - Joint and Administration County DFACS Operations - Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund Indirect Cost Total 5. Community Mental Health/Mental Retardation and Institutions: Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets Southwestern State Hospital Brook Run Georgia Mental Health Institute Georgia Regional Hospital at Augusta Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health Services Community Mental Retardation Ser- 96,752,523 $ 3,190,752 $ 8,333,523 $ 68,137,925 $ 21,986,491 $ 40,557,515 $ 4,290,503 $ 31,595,512 $ 9,900,790 $ 5,146,142 $ 17,361,167 $ 11,544,785 $ 133,320,622 $ 3,471,991 $ 3,286,607 $ 0$ 1,012,601,315 $ 36,560,073 0 2,269,294 33,752,572 8,203,841 16,161,742 2,520,990 20,022,962 7,289,407 4,298,815 13,279,408 9,718,081 38,486,937 3,407,759 3,286,607 (8,971,554) 357,315,947 $ 329,892,657 $ 57,247,113 $ 200,000 *p 11,532,133 $ 2,127,790 $ 302,252,286 $ 703,251,979 $ 2,404,100 $ 509,430,954 Total Funds State Funds 40,137,188 $ 24,993,159 24,432,255 $ 7,594,141 23,366,723 $ 21,448,921 18,512,863 $ 16,625,971 25,479,493 $ 18,414,834 29,806,305 $ 25,124,023 123,988,361 $ 81,561,732 18,835,886 $ 17,154,565 53,299,515 $ 19,658,931 $ 4,054,089 $ 1,001,456 $ 151,806,959 $ 92,985,734 $ 23,487,815 16,872,692 3,145,154 940,302 145,875,828 61,813,255 THURSDAY, FEBRUARY 12, 1998 Community Substance Abuse Services State Administration Regional Administration Total Budget Unit Object Classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Operating Expenses Major Maintenance and Construction Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Institutional Repairs and Maintenance Utilities Postage Payments to DMA-Community Care Grants to County DFACS - Operations Medical Benefits Section 16. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Local Welcome Center Contracts Marketing 60,650,585 10,222,668 5,012,968 703,251,979 449 33,552,905 6,336,746 4,488,911 509,430,954 564,802,505 93,199,869 4,866,019 1,824,260 1,436,360 14,032,475 43,224,123 41,382,918 14,229,208 57,247,113 2,127,790 302,252,286 29,330,191 3,286,607 306,399,952 7,899,910 280,293,636 99,438,081 132,073,686 378,714 12,391,783 4,627,278 18,199,615 313,700,039 4,580,555 20,384,594 10,139,980 1,578,726 387,465 16,200 64,757 199,780 850,559 335,700 1,259,638 241,600 5,486,189 450 JOURNAL OF THE SENATE Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning Total Section 17. Department of Insurance. Budget Unit: Department of Insurance Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Health Care Utilization Review Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Total Funds 8,052,323 3,721,258 1,608,625 5,427,716 1,175,385 625,287 20,610,594 Total Funds 4,248,088 6,425,444 559,587 5,347,889 625,000 17,206,008 0 0 50,000 0 20,610,594 20,384,594 State Funds 8,052,323 3,721,258 1,608,625 5,201,716 1,175,385 625,287 20,384,594 15,799,353 14,129,498 800,728 534,074 50,000 113,558 199,213 825,294 342,424 211,219 0 17,206,008 15,799,353 State Funds 4,248,088 6,425,444 559,587 3,941,234 625,000 15,799,353 $ 185,518,692 $ 109,418,846 $ 11,449,175 $ 1,201,273 $ 128,000 $ 466,775 THURSDAY, FEBRUARY 12, 1998 Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Health Services Purchases Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Regional Youth Development Centers Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsville YDC YDC Purchased Services Eastman YDC Court Services Day Centers Group Homes CYS Purchased Services Georgia Addiction Pregnancy and Parenting Project Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Total Section 19. Department of Labor. Budget Unit: Department of Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts W.I.N. Grants Payments to State Treasury Total Funds 43,218,670 16,845,327 11,846,291 6,958,284 6,080,217 15,783,704 21,418,553 10,251,761 19,893,065 493,281 1,114,257 21,095,774 50,000 1,766,287 551,431 3,916,725 9,736,527 191,020,154 451 438,855 1,884,885 1,191,008 8,533,838 3,338,520 693,989 3,382,927 18,607,910 21,286,552 0 8,997,601 191,020,154 185,518,692 State Funds 42,057,861 16,181,815 11,339,861 6,718,800 5,792,658 15,115,614 20,777,712 10,024,761 19,737,213 493,281 1,114,257 20,233,889 50,000 1,766,287 551,431 3,826,725 9,736,527 185,518,692 10,500,998 72,322,396 6,213,740 1,305,910 0 457,047 3,058,815 1,888,123 1,465,339 60,500,000 3,157,943 0 1,774,079 452 JOURNAL OF THE SENATE Capital Outlay Total Funds Budgeted State Funds Budgeted Section 20. Department of Law. Budget Unit: Department of Law Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Books for State Library Total Funds Budgeted State Funds Budgeted Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Commissioner's Office Benefits, Penalties and Disallowances Systems Management Indemnity Chronic Care Reimbursement Services Indemnity Acute Care Legal and Regulatory Managed Care General Administration Total B. Budget Unit: Indigent Trust Fund Per Diem, Fees and Contracts Benefits Total Funds Budgeted $ 152,143,392 $ 10,500,998 $ 13,274,252 $ 12,272,365 $ 718,135 $ 179,322 $ 0 $ 27,686 $ 311,601 $ 826,548 $ 140,424 $ 260,000 $ 147,000 $ 14,883,081 $ 13,274,252 $ 1,179,984,690 $ 17,102,396 $ 5,814,019 $ 188,400 $ 0 $ 51,500 $ 42,878,090 $ 765,380 $ 525,000 $ 99,734,768 $ 3,201,238,814 $ 772,500 $ 3,369,070,867 $ 1,179,984,690 Total Funds StateFunds $ 1,823,493 $ 871,641 $ 3,201,238,814 $ 1,134,870,479 $ 50,348,074 $ 11,527,182 $ 2,314,233 $ 870,497 $ 9,380,394 $ 3,613,357 $ 3,854,589 $ 1,654,454 $$ 5,466,700 $ 4,938,853 $ 2,733,350 2,354,050 $ 89,705,717 $ 21,489,680 $ 3,369,070,867 $ 1,179,984,690 $ 148,828,880 $ 8,200,000 $ 368,962,635 $ 377,162,635 THURSDAY, FEBRUARY 12, 1998 453 State Funds Budgeted Section 22. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem, Fees and Contracts Computer Charges Telecommunications Health Insurance Payments Total Funds Budgeted Other Agency Funds Agency Assessments Employee and Employer Contributions Deferred Compensation State Funds Budgeted Departmental Functional Budgets Executive Office Human Resource Administration Employee Benefits Internal Administration Personnel Practices Evaluation Audits Total Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction Repairs and Maintenance Land Acquisition Support $ 148,828,880 Total Funds 3,294,263 5,665,972 1,085,764,200 3,812,047 0 1,098,536,482 300,000 9,209,855 2,498,301 111,100 41,453 866,109 191,288,143 3,412,707 445,820 890,662,994 1,098,536,482 1,162,915 11,153,613 1,085,568,416 351,538 300,000 State Funds 300,000 0 0 0 0 300,000 $ 103,180,384 $ 74,179,877 $ 13,933,169 $ 582,059 $ 1,446,520 $ 2,004,467 $ 2,378,593 $ 12,633,682 $ 2,972,182 $ 1,273,250 $ 98,600 $ 675,000 $ 1,693,217 $ 1,188,810 $ 3,088,000 $ 213,750 454 JOURNAL OF THE SENATE Wildlife Management Area Land Acquisition Shop Stock - Parks User Pee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Chattahoochee River Basin Grants Contracts: Paralympic Games Technical Assistance Contract Corps of Engineers (Cold Water Creek State Park) Georgia State Games Commission U. S. Geological Survey for Ground Water Resources U.S. Geological Survey for Topographic Mapping Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Payments to Georgia Agricultural Exposition Authority Payments to Mclntosh County Georgia Boxing Commission Total Funds Budgeted Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial Association Receipts from Lake Lanier Islands Development Authority Receipts from North Georgia Mountain Authority Indirect DOAS Funding State Funds Budgeted Departmental Functional Budgets Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Total Funds 4,885,828 2,962,334 2,731,243 39,593,455 737,330 350,000 1,300,000 26,250 0 500,000 800,000 256,500 1,000,000 0 0 0 170,047 204,642 300,000 0 31,000 7,380,472 6,792,756 2,062,017 100,000 6,000 140,378,190 890,073 2,122,585 2,663,931 1,426,635 200,000 103,180,384 State Funds 4,870,828 2,962,334 2,241,243 17,912,341 THURSDAY, FEBRUARY 12, 1998 455 Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total B. Budget Unit: Georgia Agricultural Exposition Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Georgia Agricultural Exposition Authority Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety 1. Operations Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted 2. Driver Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases 2,189,298 36,867,147 50,123,138 1,025,747 140,378,190 2,064,580 31,765,356 40,337,955 1,025,747 103,180,384 0 2,677,702 1,993,200 25,000 30,000 100,000 20,000 0 50,000 695,000 0 5,590,902 0 Total Funds State Funds 5,590,902 $ 0 $ 100,628,816 61,941,346 8,005,646 104,095 2,100,000 288,460 3,501,067 28,962 1,944,147 994,000 145,100 0 0 79,052,823 1,650,000 77,402,823 18,074,759 1,110,763 54,381 0 456 JOURNAL OF THE SENATE Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted Departmental Functional Budgets Administration Driver Services Field Operations Total B. Budget Unit: Units Attached for Administrative Purposes Only Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firefighters Standards and Training Council Georgia Public Safety Training Facility Total Section 25. Public School Employees' Retirement System. Total Funds 19,334,349 23,225,993 59,718,474 102,278,816 Total Funds 3,051,769 1,417,555 1,179,198 1,133,947 464,482 10,790,444 18,037,395 47,643 50,000 47,262 270,000 271,500 0 303,651 34,900 2,961,134 23,225,993 0 23,225,993 State Funds 17,834,349 23,225,993 59,568,474 100,628,816 14,162,878 8,147,049 2,608,334 97,663 0 217,303 153,819 154,997 172,113 524,390 2,425,200 3,536,527 0 18,037,395 14,162,878 State Funds 327,252 1,417,555 1,089,198 1,023,947 464,482 9,840,444 14,162,878 THURSDAY, FEBRUARY 12, 1998 457 Budget Unit: Public School Employees' Retirement System Payments to Employees' Retirement System Employer Contributions Total Funds Budgeted State Funds Budgeted Section 26. Public Service Commission. Budget Unit: Public Service Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Administration Transportation Utilities Total Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay Total Funds Budgeted Departmental Income Sponsored Income Total Funds 2,185,724 3,561,341 4,984,810 10,731,875 15,110,000 575,000 14,535,000 15,110,000 15,110,000 8,482,241 7,389,185 643,921 277,556 204,500 61,826 399,811 330,108 158,378 1,266,590 10,731,875 8,482,241 State Funds 2,185,724 1,541,099 4,755,418 8,482,241 $ 1,300,899,052 $ 1,347,011,158 $ 204,900,000 $ 332,815,456 $ 146,225,000 $ 19,622,118 $ 1,491,151 $ 351,860 $ 741,611 $ 48,453,064 $ 5,319,000 $ 2,106,930,418 $ 42,000,000 $ 351,125,000 458 JOURNAL OF THE SENATE Other Funds Indirect DOAS Services Funding State Funds Budgeted B. Budget Unit: Regents Central Office and Other Organized Activities Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Fire Ant and Environmental Toxicology Research Agricultural Research Advanced Technology Development Center/Economic Development Institute Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Mercer Medical School Grant Morehouse School of Medicine Grant Capital Outlay Center for Rehabilitation Technology SREB Payments Medical Scholarships Regents Opportunity Grants Regents Scholarships Rental Payments to Georgia Military College CRT Inc. Contract at Georgia Tech Research Institute Direct Payments to the Georgia Public Telecommunications Commission for Operations Total Funds Budgeted Departmental Income Sponsored Income Other Funds Indirect DOAS Services Funding State Funds Budgeted Regents Central Office and Other Organized Activities Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Education Extension Services $ 409,866,866 $ 3,039,500 $ 1,300,899,052 $ 183,271,269 $ 278,756,953 $ 70,533,799 $ 128,835,890 $ 42,274,927 $ 0 $ 2,497,965 14,189,218 4,314,204 2,119,378 146,400 7,210,000 6,044,890 0 3,049,004 4,653,750 1,386,882 600,000 200,000 1,273,869 193,815 17,117,471 585,398,415 0 120,273,912 281,309,734 543,500 183,271,269 Total Funds 2,297,115 4,903,005 1,568,456 107,087,281 14,189,218 State Funds 1,458,968 1,697,372 1,005,675 9,211,977 7,061,177 THURSDAY, FEBRUARY 12, 1998 459 Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total C. Budget Unit: Georgia Public Telecommunications Commission Personal Services Operating Expenses Total Funds Budgeted Other Funds State Funds Budgeted D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Total Funds Budgeted Lottery Funds Budgeted Section 28. Department of Revenue. Budget Unit: Department of Revenue Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Motor Vehicle Tags and Decals Postage Investment for Modernization Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets 69,322,582 $ 55,926,738 $ 262,074,410 $ 2,984,133 $ 5,118,005 $ 25,427,456 $ 3,413,908 $ 3,491,531 $ 27,594,577 $ 585,398,415 $ 40,136,393 32,518,352 33,608,599 2,984,133 535,878 25,427,456 0 137,561 27,487,728 183,271,269 0 9,906,134 19,774,000 29,680,134 29,680,134 0 35,054,422 15,000,000 1,500,000 6,454,422 12,100,000 35,054,422 35,054,422 103,880,873 60,489,292 5,221,372 1,366,540 120,000 410,048 12,600,530 2,886,194 2,711,370 1,250,237 4,172,795 0 2,642,850 3,506,810 11,881,290 109,259,328 3,845,000 103,880,873 460 JOURNAL OF THE SENATE Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total Section 29. Secretary of State. A. Budget Unit: Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Election Expenses Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Internal Administration Archives and Records Business Services and Regulation Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total B. Budget Unit: Real Estate Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Total Funds State Funds 19,736,656 $ 19,736,656 11,643,171 $i 11,493,171 11,635,054 $i 10,619,854 16,553,073 $1 16,413,073 8,174,335 $ 7,874,335 17,583,288 $; 16,283,288 8,187,047 $; 8,187,047 4,959,156 $; 3,225,701 4,021,076 $i 3,921,076 23,103 $i 23,103 4,204,944 $i 3,565,144 2,538,425 $i 2,538,425 109,259,328 $; 103,880,873 $i 29,087,000 $ 18,042,115 3i 3,156,655 ifi 239,500 $i 175,019 30,132,000 $i 29,087,000 Total Funds State Funds 3,869,578 $ 3,839,578 4,822,902 $ 4,747,902 4,553,807 $ 3,783,807 4,629,248 $ 4,609,248 1,235,085 $ 1,235,085 387,907 $ 387,907 10,532,499 $ 10,382,499 100,974 $ 100,974 30,132,000 $ 29,087,000 $ 2,235,046 $ 1,344,466 $ 167,500 $ 15,000 $ 25,000 $ 9,630 $ 333,150 $ 165,300 $ 42,000 $ 133,000 THURSDAY, FEBRUARY 12, 1998 461 Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Real Estate Commission Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Conservation Grants Total Funds Budgeted State Funds Budgeted Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets State Funds 2,235,046 $ 2,235,046 2,235,046 Cost of Operations 2,275,046 2,132,890 1,277,680 241,858 38,568 13,078 11,669 45,776 106,062 36,576 549,905 174,418 2,495,590 2,132,890 Total Funds 34,167,303 444,058 15,000 16,000 17,000 3,100 13,822 40,000 12,000 50,000 0 4,739,075 26,264,000 1,221,380 86,000 337,500 100,000 808,368 0 34,167,303 34,167,303 State Funds 462 JOURNAL OF THE SENATE Georgia Student Finance Authority $ Georgia Nonpublic Postsecondary Edu- $ cation Commission Total $ B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Engineer Scholarships Total Funds Budgeted Lottery Funds Budgeted Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Retirement System Members Floor Fund for Local Retirement Systems Total Funds Budgeted State Funds Budgeted Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Salaries and Travel of Public Librari- 33,556,323 $ 610,980 $ 34,167,303 $ 33,556,323 610,980 34,167,303 204,195,380 95,910,165 26,643,606 20,946,256 21,051,971 27,180,000 640,200 249,736 10,000,000 1,003,446 570,000 204,195,380 204,195,380 4,070,000 5,544,716 378,425 20,500 0 14,300 815,736 518,566 190,302 335,650 3,750,000 320,000 11,888,195 4,070,000 $ 236,500,565 $ 5,632,485 $ 596,890 $ 161,380 $ 0 $ 187,271 $ 653,288 $ 794,575 $ 912,165 $ 129,033 $ 14,608,836 THURSDAY, FEBRUARY 12, 1998 463 Public Library Materials Talking Book Centers Public Library Maintenance and Operation Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Administration Institutional Programs Total B. Budget Unit: Lottery for Education Computer Laboratories and Satellite Dishes-Adult Literacy Capital Outlay - Technical Institute Satellite Facilities Equipment-Technical Institutes Repairs and Renovations - Technical Institutes Total Funds Budgeted Lottery Funds Budgeted Section 34. Department of Transportation. Budget Unit: Department of Transportation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Capital Outlay - Airport Approach Aid and Operational Improvements Capital Outlay - Airport Development Special Airport Development Program Mass Transit Grants Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations Total Funds 9,067,087 298,039,270 307,106,357 16,098,788 1,062,342 5,749,075 0 172,937,986 48,866,744 6,137,718 18,962,976 3,584,407 10,030,398 307,106,357 236,500,565 State Funds 5,983,437 230,517,128 236,500,565 5,441,500 1,040,000 0 4,401,500 0 5,441,500 5,441,500 $ 606,922,083 $ 252,148,343 $ 58,974,281 $ 1,894,091 $ 2,000,000 $ 7,011,553 $ 8,399,287 $ 1,341,373 $ 2,769,833 $ 38,764,367 $ 802,982,528 $ 1,001,874 $ 1,589,992 $ 35,000,000 $ 10,942,422 $ 780,000 464 JOURNAL OF THE SENATE Contracts with the Georgia Rail Passenger Authority Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total General Funds Budget Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Operating Expense/Payments to Medical College of Georgia Regular Operating Expenses for Projects and Insurance Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets Veterans Assistance Veterans Nursing Home-Augusta Total Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Personal Services Regular Operating Expenses 4,550,000 1,230,149,944 606,922,083 Total Funds 886,176,749 $ 244,240,628 $ 12,932,803 $ 29,093,905 $ 1,172,444,085 $ State Funds 287,175,190 231,816,643 12,372,803 28,310,230 559,674,866 0$ 1,871,114 $ 55,054,745 $ 780,000 $ 0 1,451,103 45,016,114 780,000 57,705,859 $ 47,247,217 20,481,548 5,156,689 180,263 92,245 0 201,495 20,400 248,700 67,500 14,158,810 686,260 7,420,422 Total Funds 21,259,462 7,471,422 28,730,884 498,100 28,730,884 20,481,548 State Funds 15,548,518 4,933,030 20,481,548 10,918,457 8,826,969 407,287 THURSDAY, FEBRUARY 12, 1998 465 Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payments to State Treasury Total Funds Budgeted State Funds Budgeted $ 111,345 $ 0 $ 5,160 $ 315,919 $ 1,079,835 $ 166,902 $ 195,040 $ 0 $ 11,108,457 $ 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) Motor Fuel Tax Funds (Issued) B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) Motor Fuel Tax Funds (New) $ 534,342,132 $ 35,000,000 $ 569,342,132 $ 22,657,482 $ 0 $ 22,657,482 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 employees 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 Prosecuting 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 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, 466 JOURNAL OF THE SENATE 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 7, 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, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects. Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient City of Warner Robins City of Atlanta Whitfield County Richmond County Bibb County Muscogee County Clark County Fulton County Development Authority City of Albany Effingham County Board of Education Cobb County Cobb County Cobb County City of Liburn Purpose Operating funds for the Aviation Museum Clark Atlanta University's Public Access and Teacher Education Program Funds for Automated Fingerprint and Information System in Whitfield County Funds for Automated Fingerprint and Information System in Richmond County Funds for Automated Fingerprint and Information System in Bibb County Funds for Automated Fingerprint and Information System in Muscogee County Funds for Automated Fingerprint and Information System in Clark County Funds for Fulton County Development Authority for a business assistance project Funds for the planning and design of the Flint River Center Media Centers for Effingham County School Systems For Campbell High School athletic facility Computer equipment for King Springs Elementary Operation of the Blind and Low Vision Program Park improvements for the City of Lilburn Amount $ 90,000 $ 325,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000 $ 110,000 $ 525,000 $ 1,447,727 $ 40,000 $ 5,000 $ 15,000 $ 5,000 $ 10,000 THURSDAY, FEBRUARY 12, 1998 467 City of Jeffersonville Improvements to City of Jeffersonville $ 20,000 facilities Jones County Equipment for the Jones County Fire $ 20,000 Department Jefferson County Purchase computers for Jefferson $ 20,000 County Sheriffs Department DeKalb County Operating funds for Southwest YMCA $ 30,000 Fulton County Operation of St. Judes Recovery $ 25,000 Center City of Quitman Improvements to City of Quitman $ 30,000 City Park Echols County Board Repairs to Echols County High School $ 20,000 of gymnasium Education City of Kennesaw Improvements to baseball stadium in $ 20,000 City of Kennesaw City of Pearson Improvements to City of Pearson rec- $ 7,500 reational facilities City of Willacoochee Improvements to Willacoochee City $ 7,500 Hall City of Clarkston Repairs to Clarkston City Hall $ 10,000 City of Warner Rob- Mission Quest Flight Simulator $ 450,000 ins Center at the Museum of Aviation DeKalb County For Georgia Women's History Study $ 25,000 Tattnall County Operation of Tattnall County Health Board of Outreach Education Program $ 10,000 Pike County Construction of tennis courts for Pike $ 25,000 County Newton County Purchase recreation equipment for $ 5,000 Newton County Fulton County Operation of Fulton County Horticul- $ 10,000 ture Program DeKalb County Operation of South DeKalb Business $ 10,000 Incubator DeKalb County Operation of the South DeKalb Choir $ 5,000 Murray County Construction of Murray County $ 15,000 Animal Shelter Columbia County Operation of Columbia County His- $ 7,500 torical Society McDuffie County Operation of McDuffie County Histor- $ 7,500 ical Society Henry County Paving for Hidden Valley Park $ 5,000 Atlanta-Fulton Public Purchase computer equipment and materials for Library Foundation Roswell Regional Library $ 20,000 Dekalb County Operation of Youth Prevention Pro- $ 5,000 gram Gwinnett County Construction of Fallen Heroes Park $ 25,000 Monument 468 JOURNAL OF THE SENATE Troup County Coweta County City of Tignall Fulton County Hall County Cobb County Board of Education Bacon County City of Tybee City of Berlin Macon County Gwinnett County Board of Education Wilkes County Clarke County City of Dalton Cobb County City of Kennesaw City of Acworth Wilkes County Cobb County Board of Education City of Hazelhurst City of Augusta Lamar County City of Trenton $ Operation of Troup - Harris - Coweta Regional Library Coweta County playground equip- $ ment for handicapped children $ Purchase fire department equipment for City of Tignall Operation of Fulton County Library $ Foundation - Roswell $ Operation of Hall County Humane Society Outdoor classroom for Cobb County $ School System Operation of Bacon County Airport Tybee Island Lighthouse $$ $ Operating expenses for the City of Berlin For the Macon County Public Safety $ and Civil Defense Facility $ Equipment for Meadowcreek High School Purchase equipment for Wilkes County EMS Operation of the Athens-Clarke County after school program Operation of the Northwest Georgia Girls Home Construct physical education facility at Pebblebrook High School Renovation of Old Fire Station into recreational facility Renovation of Acworth Coats and Clark Ballfield Wilkes County Airport Development Construction of South Cobb High School Athletic Field House Construct an asphalt recycling plant in Hazelhurst Plan and design of the renovation of the Warren A. Candler Building Construct an agricultural livestock facility Renovation to convert Trenton City pool to indoor pool 5,000 5,000 5,000 20,000 5,000 15,000 5,000 5,000 5,000 7,000 25,000 5,000 20,000 30,000 35,000 10,000 10,000 35,250 75,000 250,000 950,000 300,000 10,000 THURSDAY, FEBRUARY 12, 1998 City of Lafayette Walker County Walker County City of Chickamauga City of Fort Oglethorpe Murray County Lumpkin County Gilmer County Fannin County Rabun County Union County Towns County White County White County City of Fairmont Gordon County Gordon County City of Adairsville City of Cave Spring City of Breman City of Buchanan City of Tallapoosa Construction of bathroom facilities and recreation improvements for City of Lafayette recreation department Renovation to ball fields for Naomi Community Wallaceville Community Center operations Renovation of park at Crawfish Springs Fort Oglethorpe fire department improvements and community downtown project Remodeling of the Chamber of Commerce Building in City of Chatsworth Construction of natural gas lines to Lumpkin County Industrial Park Restore and microfilm Gilmer County court records Renovate Fannin/Gilmer County Humane Shelter Equipment and operations for Mountain City, Youth and Rescue Recreation concession stand for Union County To purchase an emergency generator for Towns County Operation of White County Recreation Board Operation of White County Library To purchase frontend loader for City of Fairmont Purchase of van for transport of clients to Gordon County Training Center Calhoun- Gordon County Council on Battered Women, Inc. for repairs and ADA improvements to Battered Women's Shelter Renovations and repairs to the City of Adairsville Police Department Replacement of Cave Spring sewer lines and repairs to water system in Rolator Park Operation of recreation program at City of Bremen Operation of recreation program at City of Buchanan Operation of recreation program at City of Tallapoosa 469 15,000 10,000 10,000 10,000 10,000 25,000 20,000 25,000 10,000 50,000 15,000 14,000 17,500 6,500 24,000 26,000 10,000 25,000 50,000 15,000 15,000 15,000 470 JOURNAL OF THE SENATE City of Waco Haralson County Hall County Stephens County City of Toccoa Banks County Stephens County City of Bowersville City of Franklin Springs City of Canon Hart County Board of Education Franklin County Board of Education City of Kingston City of Smyrna Cobb County Board of Education City of Smyrna Cobb County City of Marietta City of Marietta City of Acworth City of Kennesaw City of Kennesaw Cobb County Board of Education Operation of recreation program at City of Waco Operation of recreation program at Haralson County Construction of new shelter for Hall County Humane Society Operation of Northeast Georgia Boys and Girls Club Equipment for Police Department for City of Toccoa Operation/equipment for Banks County volunteer fire department Equipment for fire, recreation and sheriffs departments of Stephens County Operation of water system for City of Bowersville Improvements to City of Franklin Springs water system City of Canon park improvements Purchase of uniforms and equipment for Hart County High School band Replacement of boiler and equipment for cannery in Franklin County Completion of annex to Kingston Women's Club Museum City of Smyrna for operation of blind/ low vision services King Springs Elementary Schoolpurchase computer and technology equipment Restoration and preservation of historical site in Smyrna Operation of Cobb County Youth Museum Marietta Museum of History-repairs to historical building Maintenance plan for grounds at Marietta Confederate Cemetary For recreation fields and parking lots at Pop Willis Field in City of Acworth Improvements to railroad crossings in City of Kennesaw Design and renovation of Old Kennesaw Elementary School Construction of outdoor classroom for Blackwell Elementary School 15,000 15,000 50,000 5,000 15,000 10,000 30,000 10,000 20,000 20,000 20,000 5,000 25,000 10,000 15,000 25,000 25,000 10,000 25,000 25,000 9,000 20,000 10,000 THURSDAY, FEBRUARY 12, 1998 Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education City of Alpharetta City of Alpharetta Fulton County Schools Fulton County Fulton County Fulton County City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of East Point DeKalb County City of Clarkston City of Atlanta DeKalb County Purchase computers for Sprayberry High School Lassiter High School-improvements to restroom facilities in stadium and physical education fields Additional lighting in hallways and gym for Lassiter High School Paving at Lassiter High School stadium and girls' softball field Construction of a building for the Alpharetta Environmental Education Center Equipment and renovations for Alpharetta Police Youth Athletic League Renovation and improvements to outdoor environmental education classrooms at Dolvin and Finley Oaks elementary schools Expansion and renovation of the Williams- Payne Museum Operation of Georgia Council for the Hearing Impaired, Inc. Operation of ACHOR Center Operation of Basketball, Inc. after school tutorial program Operation of West Hunter St. Baptist Church after school tutorial and athletics program To operate Beulah Baptist Church Saturday School Tutorial Renovation of House of Hope Mission Operation of Springs of Life Family Life Program To operate City East Point swimming pool Repair of storm water pipes at Zonolite Drive Industrial Park Renovation of Arts and Cultural Center at Old Clarkston High School Renovate facilities, purchase recreation equipment and operate after school tutorial/care at East Atlanta YMCA Repairs for Shoal Creek Park field house and installation of bleachers at Little League Park 471 10,000 10,000 10,000 10,000 25,000 10,000 15,000 15,000 10,000 50,000 40,000 25,000 10,000 40,000 35,000 50,000 20,000 35,000 50,000 18,000 472 JOURNAL OF THE SENATE DeKalb County DeKalb County Board of Education DeKalb County Board of Education City of Decatur DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County Gwinnett County Board of Education Gwinnett County Board of Education City of Duluth City of Buford Gwinnett County Gwinnett County City of Social Circle Clarke County Board of Education Clarke County Board of Education Clarke County City of Athens Clarke County To assist various DeKalb County communities with beautification clean up To operate the School of ExcellenceStar Jacket Awards Program and replace old gym equipment at Columbia High School Purchase of instruments for Towers High School Band To operate Decatur Arts Academy summer programs for middle school youth Feasibility study for Dekalb County Convention Center Operations of South DeKalb Community Development Corporation To operate and equip the Royal Ambassadors Program Operations of Gresham Park Baseball and Softball Association To furnish the Comprehensive Addiction Rehabilitation Program medical clinic Renovation and expansion of Parkview High School Stadium Operations of Meadowbrook High School athletic fields Develop and complete recreational fields at Duluth City Park Grading for new school in City of Buford Physical education facilities at Lanier Middle School Operations of North Gwinnett Girls' Softball Field Renovation at historic Gunter Hall Operations of Safe Campuses Now Foreign language classes at David C. Barrow Elementary School To provide a security fence at Hope Haven facility in Clarke County To operate Project Grand Slam in Clarke County Athens Tutorial Program after school activity 15,000 5,000 5,000 10,000 40,000 5,000 5,000 25,000 5,000 35,000 25,000 40,000 20,000 15,000 25,000 7,000 40,000 25,000 12,000 5,000 15,000 THURSDAY, FEBRUARY 12, 1998 473 Clarke County Operations of The Creative Visions $ 10,000 Foundation, Inc City of Tignall Repair/renovation of City of Tignall $ 5,000 community center Lincoln County Fence/restoration of log cabin in Lin- $ 15,000 coin County historical park Willkes County Board Lighting for Wilkes County High of School baseball Education field $ 20,000 Lincoln County Planning for Lincoln County Eco- $ 20,000 nomic Development Morgan County Operation of Agricultural Center in $ 100,000 Morgan County Newton County Renovation to historic Gaither Plan- $ 50,000 tation Newton County Playground equipment for Newton $ 5,000 County Clayton County Operating funds for athletic program Board of at Riverdale Education Middle School $ 5,000 Clayton County To purchase band uniforms at North Board of Clayton High Education School $ 10,000 Clayton County Playground equipment for Church St Board of Elementary Education School $ 5,000 Clayton County Playground equipment-Northcutt Ele- Board of mentary Education School $ 5,000 Clayton County Operating funds for athletic program Board of and band Education uniforms for Riverdale High School $ 10,000 Clayton County Playground equipment-E. W. Oliver $ 5,000 Board of Elementary Education Clayton County Operating funds for athletic program- Board of North Clayton Education High School $ 10,000 Clayton County Playground equipment for West Clay- Board of ton Education Elementary School $ 5,000 Clayton County Playground equipment for Riverdale Board of Elementary Education School $ 5,000 Clayton County Operating funds for athletic program Board of at North Education Clayton Middle School $ 5,000 Clayton County Operations of Alzheimers home in $ 75,000 Clayton County 474 JOURNAL OF THE SENATE Clayton County Carroll County Board of Education Carroll County Board of Education Carroll County Coweta County City of Newnan City of McDonough Henry County City of Stockbridge Butts County City of Flovilla City of Locust Grove City of Culloden Jasper County Board of Education City of Monticella Putnam County Recreation Authority Oglethorpe County Greene County City of Harlem Columbia County City of Harlem Columbia County Operations of Calvary Refuge Homeless Shelter Operations of athletic complex at Villa Rica High School Operations of athletic complex at Mt. Zion High School Operations of athletic complex at Carroll County Recreation Department Purchase of eight defibrillators for Coweta County Fire Department To restore railroad depot for NewnanCoweta Historical Society Infrastructure improvements for stormwater drainage for City of McDonough Lighting and asphalt paving on tennis courts at Hidden Valley Park New park facility for City of Stockbridge Purchase video cameras and radar for Butts County sheriff department Install emergency generator in City of Flovilla Fire Department Purchase in-car cameras for patrol cars for City of Locust Grove Culloden community center/historic schoolhouse renovation Jasper County athletic facility renovations and band uniforms City of Monticello park construction/ equipment and downtown historic renovations Improvements to recreation facilities in Putnam County Renovation to Shaking Rock Park Renovation to historic Greene County jail Renovation and beautification to entrance ways to City of Harlem Purchase playground equipment for Westmont Elementary School Purchase equipment for City of Harlem Lights for Lakeside High School baseball field 25,000 10,000 10,000 25,000 20,000 10,000 10,000 10,000 10,000 14,500 20,000 24,000 25,000 30,000 30,000 7,500 7,500 65,000 10,000 5,000 10,000 25,000 THURSDAY, FEBRUARY 12, 1998 Columbia County Columbia County Board of Education Richmond County Richmond County Board of Education Richmond County Richmond County Board of Education Richmond County Richmond County City of Augusta City of Waynesboro City of Augusta City of Augusta City of Augusta Richmond County Board of Education Glascock County Warren County Glascock County Glascock County City of Gibson Hancock County City of Sparta Washington County Playground equipment for Riverside Park Landscaping to repair erosion at Bel Air Elementary School Renovation to marshal's substation Equipment for CSRA Law Enforcement Training Center Conservation treatment for sixty-two flags and banners in Augusta-Richmond County Museum Westside High School improvements to field house To build a portico onto the Woodrow Wilson House Operation of Easter Seals in Richmond County Operation of Woodrow Wilson historic home Improve historic/commercial district of City of Waynesboro Operation of health program at Beulau Grove Resource Center Operation of Augusta - Richmond Opportunities Center after school program To construct a recreation complex in east Augusta Purchase playground equipment for Hephzibah Elementary School Operations of the Glascock County recreation department Warren County EMS radio equipment and two external defibrillators Glascock County to purchase radar and intoximeter Purchase two external defibrillators for Glascock County EMA Purchase and equip surplus vehicle for City of Gibson Operate Hancock County recreation programs and summer day camp City of Sparta equipment to lower fire rating Purchase a Washington County fire truck 475 25,000 5,000 15,000 5,000 15,000 5,000 5,000 10,000 100,000 50,000 25,000 25,000 50,000 5,000 10,000 10,000 10,000 3,000 10,000 10,000 10,000 40,000 476 JOURNAL OF THE SENATE Jefferson County Baldwin County Baldwin County Baldwin County City of Jeffersonville Jones County City of Gordon Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Peach County Peach County Meriwether County Meriwether County Muscogee County City of Columbus City of Columbus Muscogee County Muscogee County Muscogee County Muscogee County Muscogee County Muscogee County Muscogee County Purchase of land for a Jefferson County park Improvements at Baldwin recreation department Equipment for new fire station in Baldwin County Design/construct Milledgeville/Baldwin County 2000+ project Develop and plan for addition to Jeffersonville fire station Replace fire trucks in Jones County Renovation/restoration of old railroad depot in City of Gordon Operations of Disabilities Connection Operation of Hay House Operation of Middle Ga. Council on Drugs Operation of Harriet Tubman Museum Operation of Macon Little League Operation of Booker T. Washington Center Relocation of waste water lift station and sewer lines in Peach County for City of Byron Study to determine water and sewer needs of Peach County Operate and equip Meriwether County recreation program Operate/designate FDR/Warm Springs Welcome Center Operation of Project Stars in Talbot County Columbus Community Center-Operation of Outreach Program City of Columbus operation of Play and Learn Together Program Operation of Bridge Program (GED) Operation of Summer Tutorial program combined communities Operation of youth and recreation facility Operation of Easter Seals program Operation of Springer Opera House Operation of Boys Club/Phoenix City, Inc. outreach program Operation of Columbus Consolidated Government/ Records Management Center 50,000 50,000 25,000 20,000 20,000 20,000 60,000 50,000 30,000 15,000 25,000 15,000 15,000 75,000 25,000 40,000 10,000 25,000 30,000 15,000 25,000 25,000 5,000 40,000 75,000 120,000 110,000 THURSDAY, FEBRUARY 12, 1998 Muscogee County Muscogee County Muscogee County City of Americus City of Americus Crisp County City of Unadilla City of Hawkinsville Pulaski County Macon County Board of Education Houston County Bleckley County Board of Education City of Rentz Dodge County Board of Education Bleckley County Dodge County City of Rhine City of Milan Dodge County Dodge County Board of Education Laurens County Board of Education City of East Dublin City of Dudley Operation of Two Thousand Opportunities Inc. Operation of Liberty Theater Operation of A. J. McClure YMCA after school program City of Americus parks renovation Renovation of Rylander Theater in City of Americus Repair and renovation of the Cordele Little Theater Improvement to City of Unadilla wastewater treatment operation Purchase equipment and computers for Hawkinsville library Study of consolidation of city/county government in Pulaski County Funds to address and map Macon County Operation of Perry/Houston County Airport Construction of tennis courts in Bleckley/Cochran County Water, sewer and land for new schools in City of Rentz Band uniforms for Dodge County school Operation of Bleckley County Sheriffs Department Operation of Eastman/Dodge County Arts Council Repair to City of Rhine Community Center Water and sewer for City of Milan Purchase computer equipment for Dodge County Construct softball fields for Dodge County schools Replacement of wrestling mats at East Laurens, West Laurens and City of Dublin high schools Improvements to water and sewer systems in City of East Dublin Funds to purchase land, water and sewer for City of Dudley 477 50,000 75,000 25,000 25,000 75,000 25,000 25,000 10,000 25,000 50,000 75,000 50,000 50,000 25,000 7,500 15,000 5,000 5,000 7,500 15,000 25,000 25,000 50,000 478 JOURNAL OF THE SENATE Emanuel County Emanuel County City of Kite Treutlen County Board of Education City of Twin City City of Swainsboro City of Wrightsville Candler County Bulloch County City of Statesboro City of Springfield Effingham County Board of Education Effingham County Effingham County Effingham County Effingham County City of Guyton City of Savannah City of Savannah Town of Thunderbolt City of Savannah City of Savannah City of Savannah City of Savannah Purchase equipment for library in Emanual County Improvements to Emanual County auditorium and recreation complex Improvements to City of Kite recreation complex Renovation and improvements to Treutlen County auditorium athletic complex Improvements to Twin City community center Renovations to Swainsboro City Hall Improvements to Wrightsville recreation complex Metter/Candler community center installation of hip roof Construct Mill Creek Park picnic pavilion with restrooms Operation of Statesboro Bulloch recreation department Operation of bi-centennial program in City of Springfield Establish/improve baseball facilities at Effingham County high schools Renovation/relocation of one-room school house Purchase an air bag system setup for Faulkville Community Purchase a handicap-accessible van for Effingham County Renovations to the Effingham County Courthouse Renovate the City of Guyton gymnasium Roof replacement/renovation of King Tisdell/Beach Institute Operations of Chatham/Savannah Youth Services Corp Purchase fire truck for the Town of Thunderbolt Restoration of steam locomotive Restoration of Old Charity Hospital Restoration of Moses Jackson School Monument in honor of the African American Family 10,000 50,000 5,000 10,000 7,500 10,000 7,500 20,000 20,000 58,000 11,000 20,000 5,000 4,000 10,000 20,000 10,000 5,000 25,000 20,000 25,000 10,000 10,000 5,000 THURSDAY, FEBRUARY 12, 1998 City of Pooler Chatham County City of Savannah City of Savannah City of Richmond Hill Evans County Board of Education Tattnall County Board of Education City of Vidalia City of Lyons Montgomery County Wheeler County Ben Hill County Irwin County Wilcox County Ben Hill County City of Ocilla Wilcox County Wilcox County Board of Education Irwin County City of Sumner City of Sycamore City of Warwick Renovation/purchase of recreational equipment for City of Pooler athletic fields To purchase recreation equipment for City of Georgetown Renovation of the Carnegie Library Stabilize and restore structures at Central of Georgia Railway National Landmark Computer hardware for Richmond Hill Public Library Purchase of computer hardware for Claxton Public Library Computer hardware for Glennville Public Library Equip/renovate City of Vidalia recreation fields and playground Equip/renovate Partin Park in City of Lyons Renovate City of Mt. Vernon and Montgomery County recreation areas Equip/renovate Alamo and Glenwood recreation Equipment for Ben Hill volunteer fire stations Display cabinets for artifacts at Jeff Davis State Park Museum Operation of Wilcox County rural fire department at Cedar Creek Softball fields and improvements at Paulk Park Operation of Ocilla little league baseball fields Design/construct lighting for Wilcox County recreation department little league ball park Purchase vocational equipment for Wilcox County High School Equipment for Irwin County volunteer fire stations Purchase of recreation equipment for City of Sumner Purchase recreation equipment, land and improvements for City of Sycamore Purchase of recreation equipment 479 5,000 5,000 25,000 25,000 6,000 6,000 6,000 20,000 20,000 15,000 20,000 10,000 15,000 10,000 10,000 15,000 20,000 15,000 10,000 10,000 25,000 10,000 480 JOURNAL OF THE SENATE City of Rebecca Quitman County Board of Education Randolph County Board of Education Calhoun County Board of Education Clay County Board of Education Chattahoochee Board of Education Randolph County City of Cusseta City of Dawson Marion County Webster County Terrell County City of Blakely City of Donalsonville Baker County City of Albany Dougherty County City of Baconton City of Doerun Mitchell County Sale City City of Camilla Repairs and improvements to City of Rebecca water system Purchase of equipment for Quitman Community Elementary School Repairs to leaks at Randolph/Clay Middle School Relocation of exhaust fans in gymnasium at Calhoun Elementary School Purchase furniture, desks and new lab computers for new Clay County Elementary School Purchase media equipment for Chattahoochee County Education Center Purchase vehicles for Randolph County rural public transportation program Well system for City of Cusseta Equip and operate the Community Development office Lighting for Marion County ballfields Expansion of Webster County Agriculture Education Center Hanger construction at Terrell County Airport Renovation of historic theater in Blakely Renovation of Olive Theater Develop age appropriate children's program Operations of SAFEC-Parenting classes and after school tutorial programs and youth apprenticeship Renovate and repair Easter Seal facility Purchase equipment and computer upgrades Renovation of Doerun City Hall building Operations of Smart Teens Primary Prevention Program Purchase computer upgrades and office equipment Renovate old gymnasium and tennis courts 10,000 25,000 20,000 9,000 25,000 65,000 11,150 96,000 25,000 30,000 20,000 25,000 10,000 15,000 20,000 20,000 15,000 5,000 20,000 10,000 5,000 25,000 THURSDAY, FEBRUARY 12, 1998 Mitchell County Mitchell County City of Pelham Tift County City of Norman Park Tift County City of Nashville Cook County City of Nashville City of Enigma City of Sparks City of Lenox Cook County City of Alapaha Coffee County City of Douglas City of Willacoochee City of Pearson Atkinson County City of Ambrose City of Broxton City of Waycross Ware County Ware County Board of Education Brantley County City of Patterson Construction of shed for fire trucks for Greenough volunteer fire department Install a new water well for Cotton volunteer fire department Upgrade City of Pelham recreation facilities Equipment for Tift County volunteer fire department Equipment for Norman Park volunteer fire department Purchase bullet proof vests and drug dog for Tift County sheriff Construction of sidewalk on West Hull Street Lighting for little league ball fields in Cook County Playground equipment for Memorial Park Repair roof of Senior Citizen Center Installation of street signs in City of Sparks Equipment for rural doctors office owned by City of Lenox Equipment for Alzheimer Day Care Center Street lighting for City of Alapaha Equipment for volunteer fire department and an Oak Park zoning plan in Coffee County Purchase equipment for youth recreational activities Equipment/repairs of athletic fields Equipment/repairs to athletic fields Comprehensive Atkinson County plan Renovations for Ambrose City Hall & Voting Precinct Renovation and computers for City Hall and Broxton Police Promotion of City of Waycross, Ware and Pierce County Tourism Funds for recreational programs in Ware County Pilot program for development of Consumer Economic Education program for K-12 Operation of the Brantley County Constuct T-ball field in City of Patterson 481 10,000 5,000 25,000 15,000 10,000 10,000 5,000 5,000 5,000 5,000 3,000 20,000 3,000 5,000 10,000 15,000 3,000 3,000 20,000 10,000 10,000 10,000 25,000 20,000 10,000 5,000 482 JOURNAL OF THE SENATE City of Alma Pierce County City of Offerman City of Blackshear Bacon County Charlton County City of Nahunta City of Hoboken Appling County Board of Education City of Denton Wayne County Wayne County Appling County Development Authority Telfair County Jeff Davis County City of McRae Jeff Davis County Jeff Davis County Jeff Davis County Board of Education Jeff Davis County City of Baxley Long County Tree and bush beautification project City of Alma Operation of Pierce County Lee Street Resource Center Operating expenses for City of Offerman Tree and bush beautification project Operation of Alma-Bacon County Department of Intergovernmental relations St. George Winoker race pond and county beautification project Law enforcement equipment for City of Nahunta Recreation improvements for the City of Hoboken Operation of Alternative School Assistance Operation/equipment for recreation program Operation/equipment for Wayne County Madray Springs Fire Department Operation/equipment for Wayne County K'ville Fire Department Economic development planning Equipment for Telfair County Horse Creek fire department Improvements to the Jeff Davis County Courthouse grounds Improvements to City of McRae City Hall Operation of Jeff Davis County local welcome center Operation of fire department and community center for Snipesville Community Computer networking for Jeff Davis Board of Education Equipment for emergency command vehicle for Jeff Davis County EMS Water and Sewer upgrades for City of Baxley Law enforcement equipment for Long County 5,000 20,000 5,000 5,000 45,000 5,000 5,000 5,000 15,000 5,000 5,000 5,000 10,000 5,000 5,000 25,000 5,000 10,000 5,000 5,000 25,000 10,000 THURSDAY, FEBRUARY 12, 1998 Wayne County City of Jesup City of Odum City of Screven City of Ludowici Liberty County Liberty County Glynn County Glynn County City of St. Marys City of Hahira Clinch County Lanier County Board of Education Lowndes County Chamber of Commerce Lowndes County Brooks County Brooks County Brooks County Brooks County Echols County Board of Education City of Quitman City of Lake Park Construction of animal shelter in Wayne County Downtown Revitalization for City of Jesup Repair to Odum City fire department station Repairs to City of Screven sewage facilities Repair to City of Ludowici back up water facility Renovation of buildings at Seabrook Village Foundation, Inc. Operation of Coastal Medical Assistance Clinic Improvements to Neptune Park in Glynn County Repairs to Baldwin Park in Glynn County Purchase equipment for City of St. Marys Hahira City Hall renovation Equipment for Clinch County Emergency Management Renovation on field house for Lanier County Lowndes County operations of Drugs Don't Work Program Purchase police equipment and beautification of historic district of City of Remerton Equipment and operations Brooks County volunteer fire departments Brooks County Museum and Cultural Center replacement of roof and other repairs Replacement of roof and other repairs Work on the Quitman Recreation Project ball field Equipment and repair to Echols County High School gymnasium Quitman recreation project-continuation of work on ball field and recreational park Rescue boat and equipment for volunteer fire department of Lake Park 483 10,000 10,000 10,000 10,000 10,000 10,000 10,000 20,000 20,000 60,000 25,000 10,000 25,000 10,000 50,000 10,000 15,000 15,000 15,000 15,000 20,000 10,000 484 JOURNAL OF THE SENATE City of Social Circle Acquisition and construction of city $ park including off street parking for City of Social Circle Cobb County Restoration of C-130 in Cobb County $ Fulton County Operation of Georgia Women's His- $ tory Context Study project City of Savannah Operation of Coastal Conservation $ 25,000 30,000 30,000 25,000 City of Tybee Island Renovation of Tybee Lighthouse $ 100,000 Tattnall County Board of Purchase of materials for Vo-Ag Facil- $ ity 15,000 Education City of Alapaha Purchase Little League equipment $ 5,000 City of Georgetown Installation of new sewer system $ 25,000 Richmond County Operations of Trinity School in Au- $ 10,000 gusta Augusta Housing Au- Operations of Golden Harvest Food $ 20,000 thority Bank City of Senoia Purchase sewage pump truck $ 10,000 City of Mount Zion Purchase of property for the City of $ 20,000 Mount Zion City of Atlanta Feasibility study for agri-science pro- $ 10,000 gram at Carver High School Cobb County Board Purchase lights for Harrison High of School Education baseball field $ 10,000 Taliaferro County Renovation of Locust Grove Cemetery $ 30,000 DeKalb County Operation of DeKalb Historical Soci- $ 15,000 ety DeKalb County Operation fo South DeKalb Incubator $ 10,000 Clayton County Operation of Project Decision $ 30,000 Board of Education Clarke County Operations of Safe Campuses Now $ 40,000 City of Lavonia Construction of multi-purpose recrea- $ 25,000 tion field Gwinnett County Construction of athletic facility at Board of Collins High Education School $ 50,000 City of Adairsville Purchase equipment for Folsom vol- unteer fire department $ 10,000 Bartow County Purchase equipment for Pine Log $ 10,000 volunteer fire department City of Austell Purchase computer equipment $ 35,000 Gwinnett County Renovation of athletic field facilities Board of at Parkview Education High School $ 50,000 THURSDAY, FEBRUARY 12, 1998 City of Homeland Clinch County City of Ray City Town of Fargo Town of Alapaha Nashville County Brantley County Montgomery County Development Authority Pierce County City of Offerman City of Lyons City of Hoboken City of Screven City of Graham Toombs County Board of Education Glynn County Dooly County Clarke County Oconee County Bibb County City of Warrenton Oglethorpe County Purchase land/construct emergency access on US#1 overpass for emergency vehicles Purchase aircraft for Clinch County Sheriffs Department for locating marijuana fields Repairs to Ray City water well Purchase of equipment to establish a community library Construction of a fence and drainage system for existing park Repairs to Nashville County Courthouse Square Purchase of equipment for volunteer fire department to be shared by both Brantley and Pierce Counties Operations of Montgomery County Development Authority Equipment/computers for Pierce County Resource Center for "At Risk" students studying for GED Purchase equipment for City Hall Purchase recreational equipment for Partin Park Purchase lights and equipment for ball field Paint and repair City of Screven City Hall Extension of city sewer line for City of Graham Purchase land for parking lot for high school football stadium Operations of SHARE Operation of State of Georgia Cotton Museum Operations of Food Bank of NE Georgia Improvement to facilities at recreation fields Renovation and purchase equipment for Kings Park Recreation Park Construct fencing/lighting for new recreation area Renovation of recreation facilities 485 20,000 10,500 11,000 19,375 12,500 20,000 15,000 10,000 12,000 5,000 10,000 5,000 5,000 5,000 35,000 25,000 25,000 25,000 10,000 25,000 15,000 5,000 486 JOURNAL OF THE SENATE City of Lincolnton Washington B.C. Hall County Richmond county McDuffie County Richmond County Richmond County Richmond County City of Avera City of Euharlee Paulding County Board of Education City of Aragon City of Cartersville City of Dallas City of Rockmart City of Cedartown City of Atlanta Treutlen County Board of Education Emanuel County Wheeler County City of Milledgeville Hancock County City of Milledgeville City of Milledgeville City of Monticello City of Cusseta Muscogee County Repairs to storm sewer project Construction of Women's Memorial at Arlington National Cemetery Renovations/construction Challenged Child Inc. Purchase of property for Southeastern Firefighters Burn Foundation Construction of Fire Safety House Lighting for West Augusta Little League Lighting for Master City Little League Operations of Hope House for Women Purchase air packs for volunteer fire department Restore and preserve historic city buildings Renovate/improve field house at Paulding County High School Operations of the athletic program Operations of arts/recreation program Construction of historic museum Construction of pavilion at Rockmart Northwest Park Operations of athletic program Operations of Outdoor Therapeutic Program Construction of restrooms for baseball field Improvements to city/county auditorium and recreation complex Recreation facilities Restoration of Griffin-Baugh Cottage Purchase fire fighting equipment Roof repairs on education center of Boys and Girls Club of City of Milledgeville Operations and purchase of equipment at Rape Crisis Center of Milledgeville Purchase equipment for Get Ahead House after school tutoring and parenting program Construct new well Operations of Rediscovery in Muscogee County 15,000 25,000 50,000 25,000 3,500 12,000 12,000 20,000 5,000 20,000 60,000 5,000 20,000 10,000 15,000 10,000 40,000 25,000 25,000 25,000 12,000 10,000 15,000 15,000 5,000 75,000 20,000 THURSDAY, FEBRUARY 12, 1998 Muscogee County Gwinnett County DeKalb County DeKalb County DeKalb County Effingham County Effingham County City of Manassas City of Statesboro Evans County Recreation Authority Jenkins County Statesboro Airport Authority Screven City Airport Authority City of Savannah City of Leesburg City of Byron City of Andersonville City of Montezuma Taylor County Board of Education City of Marshallville City of Plains Peach County City of LaFayette Dade County Operations of Southwest Against Drugs Operations of Collins Hill Athletic Association Softball program of Gwinnett County Operations of The Winning Circle Operation of Scottdale Youth Athletic Association Purchase supplies/equipment for Redan Park Athletic Program of DeKalb County Improvements to athletic field Construct handicap access walk for hospital and nursing home in Effingham County Purchase of city water pump Purchase computer work stations and wiring for Statesboro Regional Library Expansion of ball fields and play ar- Materials for enlarging Jenkins County Agriculture Education Center Improvements to Statesboro airport Resurface runway at City of Screven Airport Expand public library leaner fishing equipment program for Coastal Conservation Association Installation of traffic signals for City of Leesburg Water system for the City of Byron Operations of Historic Andersonville Trail Construct sidewalk for City of Montezuma Construct athletic complex for Taylor County schools Paving to Felton Memorial Cemetery Construct building addition to City of Plains police/fire department Construct fire department annex on Fort Valley State College campus Repair and restore Gordon Hall at Chattooga Academy Construct all-purpose pavilion at park 487 15,000 15,000 20,000 10,000 5,000 20,000 5,000 7,000 10,000 25,000 25,000 15,000 20,000 10,000 50,000 50,000 10,000 68,800 50,000 10,000 25,000 70,000 20,000 30,000 488 JOURNAL OF THE SENATE Chattooga County Fulton County Fulton County Fulton County Chatham County Chatham County City of Thunder Liberty County Long County Liberty County City of Pembroke Mclntosh County Board of Education Glynn County Cobb County Board of Education Meriwether County Madison County Board of Education City of Arcade Floyd County Floyd County White County Rabun County Union County DeKalb County Purchase equipment to enhance 911 system Operation of Kidsgym USA, Inc. Operation of Promise Children's Home, Inc. Operation of "Listen Up" drug program Renovate Old YMCA Building for community center Operation of Mighty Eighth Air Force Museum Construction of restrooms at W.E. Waterfront Park Operations of Coastal Medical Assistance Clinic Construction of an additional ball field with lights and fence for recreation department Upgrade athletic equipment to meet safety standard requirements Renovation of recreational park behind Bryan County Courthouse Purchase football field lighting for Mclntosh County school Renovations/improvements to Ellis Point Park Pilot project for "Reading Fluency Intervention" Renovate building for Warm Springs Welcome Center Construction of high school tennis courts Operations of City of Arcade Operations of Camp Good Times (Summer Day Camp) Operations of 100 Black Men, mentoring program Construction of ADA compliant swimming pool Purchase equipment for volunteer fire department Renovation of Union County Courthouse Field acquisition for Georgia Soccer Foundation $ 30,000 $ 50,000 $ 15,000 $ 10,000 $ 400,000 $ 55,000 $ 70,000 $ 16,000 $ 30,000 $ 20,000 $ 25,000 $ 25,000 $ 20,000 $ 50,000 $ 50,000 $ 20,000 $ 35,000 $ 15,000 $ 10,000 $ 20,000 $ 5,000 $ 50,000 $ 30,000 THURSDAY, FEBRUARY 12, 1998 Fulton County DeKalb County City of Decatur Chatham County Whitfield County Grady County Grady County Thomasville Board of Education City of Donalsonville Blakely County City of Bainbridge City of Blue Ridge Fannin County Fannin County Forsyth County Board of Education Gwinnett County Board of Education Fulton County City of Morrow City of Lake City City of Jonesboro City of Riverdale City of Forest Park Operation of St Jude Recovery Center for Women of Fulton County Roof renovation at Elaine Clarke Activity Center Operation of Decatur Neighborhood Playhouse Building renovation for Turning Point Parent & Child Inc. of Chatham County Improvements to joint sewer service in Whitfield and Dalton counties Construction of volunteer fire department Renovation of Historical Society facility Improvements for Thomasville City School's track Purchase of computer hardware Construction of recreation field for Blakely and Early Counties Construction of sidewalk in Willis Park Improvements to fence and lighting for City Park Planning/design for civic center and auditorium Install public address system in Fannin County Courthouse Renovation of two classrooms for science labs Construction of high school football stadium Repairs to drainage system and purchase of equipment for Grant Park Learning Center Improvements to City of Morrow park Improvements to Lake City park Improvements to City of Jonesboro park Improvements to City of Riverdale park Improvements to downtown revitalization project 489 25,000 15,000 6,000 15,000 25,000 10,000 20,000 15,000 20,000 15,000 10,000 25,000 15,000 5,000 20,000 55,000 18,500 7,500 7,500 7,500 7,500 20,000 490 JOURNAL OF THE SENATE Coffee County Telfair County City of Rhine City of Alma City of Nicholls City of Smyrna Terrell County City of Dawson Catoosa County City of Dalton Fulton County Fulton County Fulton County Cobb County City of Marietta Richmond County DeKalb County DeKalb County DeKalb County Fulton County Thomas County Coweta County City of Warm Springs Clay County City of Athens Construction of bridge for General Coffee State Park Interior renovations for County Courthouse Renovation of City of Rhine Community Center Purchase Jaws of Life for fire department Assist with downtown beautification project and operating expenses Operation of "Blind and Low Vision Center" Construction of airport hangar in Terrell County Creation/operations of Dawson Community Economic Development Office Lighting for Mattox recreation complex Operation of North West Georgia Girls Home Operation of Sickle Cell Center at Hughes Spalding Children's Hospital Renovate Southwest Hospital & Medical Center to meet ADA requirements Operation of Grady First Steps program Purchase van for mental retardation services to be shared by Cobb and Douglas Counties Operation of Civil War Museum Operation of community based programs Operation of the Arts Station Operation of DeKalb Juvenile Court Sex Offender Program Operation of Our House Operation of Providence Learning Center "At Risk" School Program Operation of Halcyon Home (Battered Women's Shelter) Purchase defibrillators for fire department Design of new building for Good Shepherd Therapeutic Center Operate recreation park for children Improvements to Cedar Shoals High School running track surface 90,000 15,000 20,000 7,500 20,000 15,000 50,000 35,000 40,000 20,000 20,000 20,000 60,000 20,000 30,000 120,000 10,000 30,000 10,000 165,387 45,000 15,000 10,000 50,000 40,000 THURSDAY, FEBRUARY 12, 1998 491 Irwin County Purchase equipment for Holt/Lax vol- $ 5,000 unteer fire department City of Hawkinsville Restoration of Opera House $ 10,000 Pulaski County Renovation of Pulaski County Court- $ 50,000 house Blakely County Renovation of Blakely County Court- $ 50,000 house City of Centerville Construction of fire house $ 100,000 City of Milan Improvements to water and sewer $ 5,000 system City of Swainsboro Plan and design of physical education $ 120,000 facility at East Georgia College Houston County Operations and training for Houston County volunteer fire department $ 25,000 Section 41. Provisions Relative to Section 10, 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 during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Section 42. Provisions Relative to Section 15, 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 Standards of Need $ 235 356 424 500 573 621 672 713 751 Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 492 JOURNAL OF THE SENATE 10 804 530 11 860 568 Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 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 nursing home reimbursement rates effective April 1, 1998 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 SPY 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. THURSDAY, FEBRUARY 12, 1998 493 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 authorization 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 Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional 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 refunds, rebates and collection costs and enter this amount as being the appropriation payable 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 separately 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 department-owned buses, and air transportation service income may be retained to maintain and upgrade 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 operation 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 494 JOURNAL OF THE SENATE 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) and for State mental health/ mental retardation institutions ($9,348,000) 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 transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative 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 effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 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 ofTitle 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 specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, fanner gasoline tax refund and any other refunds specifically authorized by law. Section 52. THURSDAY, FEBRUARY 12, 1998 495 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 DC, Section VT, 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 payments 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 1998 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 commencing 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 expenditures 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 properly approved by the Director of the Budget. (b.) (1.) 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 administration of the annual operating budget. Section 55. 496 JOURNAL OF THE SENATE 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 approval 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 Functional 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 expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 57. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby. A.) Maturities not to exceed two hundred forty months. Planning and design of Phase IV of the World Congress Center Low interest loans to local governments for water, sewer and wastewater treatment projects Remediation, removal and replacement of underground and above ground storage tanks Governor's Road Improvement Program Department of Transportation - raise dikes in two areas Department of Transportation - phase I of erosion protection work at Jones Oyster Bed Island Department of Transportation - install underdrain pipes to enhance the drying phase of the disposal areas Rehabilitation of rail lines Purchase of the Omaha to Preston rail line Adult literacy centers in Union, Turner, Bryan, Dodge, Henry and Principal Amount 10,530,000 $ Debt Service 900,315 20,000,000 5,000,000 135,000,000 6,500,000 1,710,000 427,500 11,542,500 555,750 5,000,000 200,000 3,460,000 2,000,000 427,500 17,100 295,830 171,000 THURSDAY, FEBRUARY 12, 1998 497 Jeff Davis counties Land acquisition and raise power lines in area 2A in the Savannah harbor Georgia Agricultural Exposition Authority - South Gate development Georgia Agricultural Exposition Authority - multipurpose agricultural complex/exhibit and office complex Georgia Agricultural Exposition Authority - roadway improvements and upgrades Construction of a new 150-bed youth development center in Muscogee County Road improvements in Paulding County State portion of the Alabama to Stone Mountain Path program Atlanta, Cartersville and Canton commuter rail line (planning) Repairs at the Atlanta Farmers' Market B.) Maturities not to exceed sixty months. Feasibility study and project design to deepen the Savannah River channel Feasibility study and project design phase to deepen the Brunswick channel Welcome center in Laurens County Bulk cargo ship vacuum system for the Georgia Ports Authority at Colonel's Island Planning and design of the Bainbridge Welcome Center Equipment for new and modified vocational high school laboratories Section 58. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1998 2,550,000 5,700,000 935,000 7,967,000 1,000,000 15,000,000 1,600,000 1,000,000 4,000,000 2,000,000 218,025 487,350 79,943 681,178 85,500 1,282,500 136,800 85,500 342,000 171,000 4,140,000 1,500,000 200,000 1,000,000 175,000 6,146,000 956,340 346,500 46,200 231,000 40,425 1,419,726 $ 12,380,991,546 Section 59. This Act shall become effective upon its approval by the Governor or upon its be- coming law without his approval. Section 60. All laws and parts of laws in conflict with this Act are repealed." 498 JOURNAL OF THE SENATE Section 2. This Act shall become effective upon its approval by the Governor or upon its be- coming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Blitch N Guhl Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Brown, 26th Y Hooks Y Huggins Y Brush Y James Y Burton Y Johnson,D Y Cagle Cheeks Y Johnson,E Y Kemp N Clay Y Lamutt Y Crotts Y Land Y Dean Y Egan Y Langford Y Madden Y Fort Y Marable Y Gillis Y Middleton N Glanton EX Gochenour Y Oliver Y Perdue On the passage of the bill, the yeas were N Price,R N Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D EX Thomas.N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed by substitute. Senator Hooks of the 14th moved that HB 1167 be immediately transmitted to the House. On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 1167 was immediately transmitted. The followng communication was received by the Secretary: February 12, 1998 Mr. President: I voted my machine and looked up and realized it had not registered on the board. I wish my vote to be recorded as "yes" on HB 1167. /s/Cheeks of the 23rd The following resolution was read and adopted: THURSDAY, FEBRUARY 12, 1998 499 SR 618. By Senators James of the 35th, Fort of the 39th, Stokes of the 43rd and others: A resolution recognizing and commending African American entrepreneurs in the State of Georgia. Senators Johnson of the 2nd and James of the 35th intoduced a group representing African American Entrepreneurs, commended by SR 618. Senator Ralston of the 51st introduced representatives from the Apple Growers and the Apple Queen, commended by SR 570, adopted previously. Janice Smith addressed the Senate briefly. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1350. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th and others: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for fruit or nut trees grown in this state and remaining in the possession of a producer of fruit or nuts, trees grown in this state for sale as Christmas trees and remaining in the possession of the producer, etc. Senator Perdue of the 18th, President Pro Tempore, assumed the Chair. Senator Dean of the 31st moved that Senator Gillis of the 20th be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Gillis was excused. Senator Dean of the 31st moved that Senator Cheeks of the 23rd be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Cheeks was excused. The Calendar was resumed. SB 431. By Senators Marable of the 52nd, Dean of the 31st, Madden of the 47th and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care. The Senate Health and Human Services Committee offered the following substitute to SB 431: A BILL To be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection; to 500 JOURNAL OF THE SENATE provide for coverage by insurers of postmastectomy and postlymph node dissectomy care; to require that certain information be provided; to provide for regulations to be issued by the Commissioner of Insurance; to provide for notice to policyholders; to prohibit certain actions by insurers; to provide for applicability; to provide for adjustment of current contracts; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end a new article to read as follows: "ARTICLE 3 33-24-70. This article shall be known and may be cited as the 'Breast Cancer Patient Care Act.' 33-24-71. The General Assembly finds and declares that: (1) Whereas, until recently health care insurers covered costs of hospital stays of a patient who had undergone a mastectomy or lymph node dissection until that patient was discharged by a physician. Now some insurers are making mastectomies and lymph node dissections an outpatient procedure and refusing to pay for any hospital inpatient care following the procedure; (2) There is sufficient scientific data to question the safety and appropriateness of such treatment of breast cancer patients; and (3) The length of postmastectomy or postlymph node dissection inpatient stay should be a clinical decision made by a physician based on the unique characteristics of the patient and the surgery involved. 33-24-72. (a) As used in this Code section, the term: (1)'Attending provider' means a person licensed to practice medicine pursuant to Chapter 34 of Title 43. (2) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including, but not limited to, those contracts executed by the State of Georgia on behalf of indigents and on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, or other insurer or similar entity. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, managed care plan other than a dental plan, or any similar entity authorized to issue contracts under this title and also means any state program funded under Title XDC of the federal Social Security Act, 42 U.S.C.A. Section 1396 et seq., and any other publicly funded state health care program. THURSDAY, FEBRUARY 12, 1998 501 (4) 'Lymph node dissection' means the removal of a part of the lymph node system under the arm using general anesthesia as part of a diagnostic process that is used to evaluate the spread of cancer and to determine the need for further treatment. (5)'Mastectomy' means surgical removal of one or both breasts. (b) Every health benefit policy that provides surgical benefits for mastectomies that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 1998, shall provide coverage in a licensed health care facility for a length of stay determined to be medically appropriate for the patient as determined by the attending provider in consultation with the patient, provided that coverage is not less than 48 hours of inpatient care following a simple mastectomy and 72 hours of inpatient care following a modified radical mastectomy. (c) Every health benefit policy that provides surgical benefits for lymph node dissection that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 1998, shall provide coverage in a licensed health care facility for a length of stay determined to be medically appropriate for the patient as determined by the attending provider in consultation with the patient, provided that such coverage is not less than 24 hours of inpatient care following the lymph node dissection. (d) Any decision to shorten the length of stay to less than that provided under subsection (b) or (c) of this Code section shall be made by the attending provider after conferring with the breast cancer patient. (e) If an attending provider discharges a simple mastectomy patient in less than 48 hours, a modified radical mastectomy patient in less than 72 hours, or a lymph node dissection patient in less than 24 hours, coverage shall be provided for up to two follow-up visits, provided that the first such visit shall occur within 48 hours of discharge. Such visits shall be conducted by a physician, a physician's assistant, or a registered professional nurse with experience and training in postsurgical care. After conferring with the mastectomy patient, the health care provider shall determine whether the initial visit will be conducted at the patient's home or at the health care provider's office. Thereafter, the health care provider shall confer with the patient and determine whether a second visit is appropriate, and, if appropriate, where such visit shall be conducted. If no early discharge occurs, coverage shall be provided for followup visits which are medically necessary as determined by the attending provider. (f) Prior to discharge from the health care facility, an attending provider shall inform the mastectomy or lymph node dissection patient of all community and hospital based programs, agencies, or institutions which provide assistance to breast cancer victims who need physical assistance or psychological and emotional counseling. (g) The Commissioner shall adopt rules and regulations necessary to implement the provisions of this Code section. (h) Every insurer shall provide notice to policyholders regarding the coverage required by this Code section and any rules and regulations promulgated by the Commissioner relating to this Code section. The notice shall be in writing and prominently positioned in any of the following literature: (1) The next mailing to the policyholder; (2) The yearly informational packets sent to the policyholder; or (3) Other literature mailed before January 1, 1999. 502 JOURNAL OF THE SENATE (i) No insurer covered under this Code section shall deselect, terminate the services of, require additional utilization review, reduce capitation payment, or otherwise penalize an attending provider or other health care provider who orders care consistent with the provisions of this Code section. For purposes of this subsection, the term 'health care provider' shall be denned to include the attending provider and hospital. 33-24-73. All contracts relating to the provision of health care services in effect on July 1, 1998, shall be appropriately adjusted to reflect any change in services provided as required by this article. 33-24-74. The provisions of this article shall not be construed to apply to or in any way affect the provisions of the federal Employee's Retirement Income Security Act." 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. Senators Johnson of the 1st, Cheeks of the 23rd, Glanton of the 34th and others offered the following amendment: Amend SB 431 Committee Substitute: Page l,line 5 - delete "provide" and insert the words "make available" Page 3, line 5, delete "provide" and insert the words "make available as a part of the policy or as an optional endorsement to the policy" Page 3, line 17, delete "provide" and insert the words "make available as a part of the policy or as an optional endorsement to the policy" Page 3, line 32, delete "provided" and insert the words "made available" Page 3, line 44, delete "provided" and insert the words "made available" Page 4, line 13, delete "required" and insert the words "made available" Page 4, line 33, delete "provided" and insert the words "made available" On the adoption of the amendment, Senator Marable of the 52nd called for the yeas and nays. The call was sustained, and the vote was as follows: N Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton Y Cagle EX Cheeks Y Clay Y Crotts N Dean Y Egan N Fort EX Gillis Y Glanton EX Gochenour N Griffin Y Guhl Y Harbison N Henson Y Hill Y Hooks Y Muggins N James N Johnson,D Y Johnson.E N Kemp Y Lamutt Y Land Y Langford N Madden N Marable N Middleton N Oliver Perdue (PRS) THURSDAY, FEBRUARY 12, 1998 503 Y Price,R N Scott Y Thomas.D Y Price,T N Starr EX Thomas,N N Ragan N Stokes Y Thompson Y Ralston Y Streat Y Turner Y Ray N Tanksley Y Tysinger Y Roberts N Taylor N Walker On the adoption of the amendment, the yeas were 31, nays 20, and the Johnson of the 1st, et al. amendment to the committee substitute was adopted. 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 substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James Y Burton Y Johnson,D Y Cagle Y Johnson,E EX Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable EX Gillis Y Middleton Y Glanton Y Oliver EX Gochenour Perdue (PRS) On the passage of the bill, the yeas were 51, nays 0. Y Price.R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D EX Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed by substitute. Senator Walker of the 22nd moved that the Senate adjourn until 9:00 A.M. tomorrow; the motion prevailed, and at 1:12 P.M., Senator Perdue of the 18th, President Pro Tempore, announced the Senate adjourned. 504 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 13, 1998 Twentieth Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of 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: HB 1597. By Representative Channell of the lllth: A bill to provide a new charter for the City of Woodville. HB 1598. By Representative Channell of the lllth: A bill to create the Green County Family Connection Commission. HB 1601. By Representative Channell of the lllth: A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city. HB 1605. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act establishing a city court in the City of Carrollton (later renamed the Carroll County State Court), so as to change provisions relating to the terms of court. HB 1608. By Representatives Day of the 153rd, Stephens of the 150th, Thomas of the 148th and others: A bill to provide a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead of certain residents of that school district. HB 1609. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st: A bill to amend an Act creating a new charter for the City of Albany, so as to provide for staggered terms of office of four years for the mayor and city commissioners. HB 1610. By Representatives Bates of the 179th and Ponder of the 160th: A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the compensation of the chairperson, vice chairperson, and members of said board. HB 1611. By Representatives Bates of the 179th and Ponder of the 160th: FRIDAY, FEBRUARY 13, 1998 505 A bill to amend an Act creating the State Court of Decatur County, as as to change the compensation to be paid to the judge and the solicitor of such court. HB 1612. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st: A bill creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide for a chief magistrate and not more than three additional full-time magistrates. HB 1613. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Dougherty County. HB 1615. By Representatives Roberts of the 162nd and Everett of the 163rd: A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for the salary of the judge of probate court. HB 1460. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th and others: A bill to amend Code Section 4-6-52 of the Official Code of Georgia Annotated, relating to special sales of livestock, so as to exempt Georgia 4-H clubs and Georgia Future Farmers of America chapters from certain bonding requirements. HB 1520. By Representatives Royal of the 164th, Buck of the 135th, Rogers of the 20th and others: A bill to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to provide for the enactment of a distribution formula by local Act. HB 1364. By Representatives Stancil of the 16th, Pinholster of the 15th, Irvin of the 45th and others: A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to provide for certification of certain grants; to provide for powers, duties, and authority of the state auditor with respect to the foregoing. HB 1290. By Representatives Hecht of the 97th, Martin of the 47th, Campbell of the 42nd and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for payment of actual expenses of judges or associate judges attending training seminars. HB 1535. By Representatives Buck of the 135th, Crawford of the 129th, Royal of the 164th and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide additional conditions under which certain property shall not acquire a situs in this state for ad valorem tax pur- 506 JOURNAL OF THE SENATE poses; to provide that certain property ownership or conducting of business shall not constitute activities subject to state income tax. HB 873. By Representatives Irvin of the 45th and Williams of the 83rd: A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to prohibit mass mailings of certain official communications by state elected executive officers 60 days prior to a primary or election at which they are candidates. The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate: HR 996. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st and others: A resolution commending Pete Wheeler and providing for the designation of the "Pete Wheeler Georgia War Veterans Memorial Complex". HR 1004. By Representative Jones of the 71st: A resolution declaring the State of Georgia and the Ivory Coast to be sister states. SR 251. By Senator Thomas of the 54th: A resolution recognizing and commending George W. Ross and designating the "George W. Ross Highway". The House has disagreed to the Senate substitute to the following bill of the House: HB 1167. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998. The following bills were introduced, read the first time and referred to committees: SB 625. By Senators Johnson of the 1st and Johnson of the 2nd: A bill to create the City of Pooler 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 Pooler, Georgia; to authorize the authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects in Pooler, Georgia. Referred to Committee on State and Local Governmental Operations. SB 626. By Senator Langford of the 29th: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to provide for a homestead exemption from all ad valorem taxation in this state in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of each county. FRIDAY, FEBRUARY 13, 1998 507 Referred to Committee on Finance and Public Utilities. SB 627. By Senator Ralston of the 51st: A bill to amend an Act entitled "An Act creating the office of Commissioner of Roads and Revenues of Fannin County," now known as the Board of Commissioners of Fannin County, as amended, so as to change the provisions relating to the appointment of county officials and employees; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 628. By Senator Ralston of the 51st: A bill to amend an Act entitled "An Act to provide for a board of registrations and elections for Fannin County" so as to change the terms of the members; to provide that the board shall be responsible for the employment of poll workers; to provide an effective date. Referred to Committee on State and Local Governmental Operations. SB 629. By Senators Fort of the 39th, James of the 35th, Griffin of the 25th and Brown of the 26th: A bill to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to increase the minimum wage to the federal poverty level; to provide for intent; to provide for annual adjustments of the minimum wage. Referred to Committee on Insurance and Labor. SB 630. By Senators Turner of the 8th, Land of the 16th, Perdue of the 18th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to merge the provisions of Chapter 3 thereof, relating to municipal elections and primaries, into the provisions of Chapter 2 thereof, relating to elections and primaries generally; to delete certain provisions rendered superfluous by the foregoing; to amend the Official Code of Georgia Annotated to correct certain cross-references; to provide for related matters; to provide an effective date. Referred to Committee on State and Local Governmental Operations (General). SB 631. By Senator James of the 35th: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to original actions for visitation or intervention by grandparents, so as to change provisions relating to the right of a grandparent to file an original action for visitation rights to a minor child. Referred to Committee on Judiciary. SB 632. By Senator James of the 35th: A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a uniform admission system applicable to each public college or university in this state for first-time freshmen students; to provide for the automatic admission of certain 508 JOURNAL OF THE SENATE students; to provide factors to be considered by a public college or university in making an admissions decision. Referred to Committee on Higher Education. SR 627. By Senators Johnson of the 1st and Johnson of the 2nd: A resolution authorizing the granting of an easement for operation and maintenance of a food service operation upon certain limiting conditions during the balance of the term of that River Yacht Club Marina in, on, over, under, and upon a certain tract of property owned by the State of Georgia in Chatham County, Georgia. Referred to Committee on Finance and Public Utilities. SR 632. By Senators Fort of the 39th, Middleton of the 50th, Scott of the 36th and Brown of the 26th: A resolution creating the Senate Study Committee on Public Education Disciplinary Reform. Referred to Committee on Rules. SR 633. By Senators Fort of the 39th, Henson of the 55th and Middleton of the 50th: A resolution creating the Senate Study Committee on Municipal Law Enforcement Employment. Referred to Committee on Rules. The following bills were read the first time and referred to committees: HB 873. By Representatives Irvin of the 45th and Williams of the 83rd: A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding ethics in government, so as to prohibit mass mailings of certain official communications by state elected executive officers 60 days prior to a primary or election at which they are candidates. Referred to Committee on State and Local Governmental Operations (General). HB 1290. By Representatives Hecht of the 97th, Martin of the 47th, Campbell of the 42nd and Davis of the 60th: 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 for payment of actual expenses of judges or associate judges attending training seminars. Referred to Committee on Judiciary. HB 1350. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th and others: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for fruit or nut trees grown in this state and remaining in the possession of a producer of fruit or nuts, trees grown in this state for sale as Christmas trees and remaining in the possession of the producer, etc.. Referred to Committee on Finance and Public Utilities. FRIDAY, FEBRUARY 13, 1998 509 HB 1364. By Representatives Stancil of the 16th, Pinholster of the 15th, Irvin of the 45th and others: A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to provide for certification of certain grants; to provide for powers, duties, and authority of the state auditor with respect to the foregoing. Referred to Committee on State and Local Governmental Operations (General). HB 1460. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th and others: A bill to amend Code Section 4-6-52 of the Official Code of Georgia Annotated, relating to special sales of livestock, so as to exempt Georgia 4-H clubs and Georgia Future Farmers of America chapters from certain bonding requirements. Referred to Committee on Agriculture. HB 1520. By Representatives Royal of the 164th, Buck of the 135th, Rogers of the 20th and others: A bill to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to provide for the enactment of a distribution formula by local Act. Referred to Committee on Finance and Public Utilities. HB 1535. By Representatives Buck of the 135th, Crawford of the 129th, Royal of the 164th and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide additional conditions under which certain property shall not acquire a situs in this state for ad valorem tax purposes; to provide that certain property ownership or conducting of business shall not constitute activities subject to state income tax. Referred to Committee on Finance and Public Utilities. HB 1597. By Representative Channell of the lllth: A bill to provide a new charter for the City of Woodville. Referred to Committee on State and Local Governmental Operations. HB 1598. By Representative Channell of the lllth: A bill to create the Green County Family Connection Commission. Referred to Committee on State and Local Governmental Operations. HB 1601. By Representative Channell of the lllth: A bill to amend an Act creating a new charter for the City of Union Point, so as to change the corporate limits of said city. Referred to Committee on State and Local Governmental Operations. HB 1605. By Representatives Stallings of the 100th and West of the 101st: 510 JOURNAL OF THE SENATE A bill to amend an Act establishing a city court in the City of Carrollton (later renamed the Carroll County State Court), so as to change provisions relating to the terms of court. Referred to Committee on State and Local Governmental Operations. HB 1608. By Representatives Day of the 153rd, Stephens of the 150th, Thomas of the 148th and others: A bill to provide a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead of certain residents of that school district. Referred to Committee on State and Local Governmental Operations. HB 1609. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st: A bill to amend an Act creating a new charter for the City of Albany, so as to provide for staggered terms of office of four years for the mayor and city commissioners. Referred to Committee on State and Local Governmental Operations. HB 1610. By Representatives Bates of the 179th and Ponder of the 160th: A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the compensation of the chairperson, vice chairperson, and members of said board. Referred to Committee on State and Local Governmental Operations. HB 1611. By Representatives Bates of the 179th and Ponder of the 160th: A bill to amend an Act creating the State Court of Decatur County, as as to change the compensation to be paid to the judge and the solicitor of such court. Referred to Committee on State and Local Governmental Operations. HB 1612. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st: A bill creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, so as to provide for a chief magistrate and not more than three additional full-time magistrates. Referred to Committee on State and Local Governmental Operations. HB 1613. By Representatives Roberts of the 162nd, Everett of the 163rd and Dukes of the 161st: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Dougherty County. Referred to Committee on State and Local Governmental Operations. HB 1615. By Representatives Roberts of the 162nd and Everett of the 163rd: A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to provide for the salary of the judge of probate court. FRIDAY, FEBRUARY 13, 1998 511 Referred to Committee on State and Local Governmental Operations. HR 996. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st and others: A resolution commending Pete Wheeler and providing for the designation of the "Pete Wheeler Georgia War Veterans Memorial Complex". Referred to Committee on Defense and Veterans Affairs. HR 1004. By Representative Jones of the 71st: A resolution declaring the State of Georgia and the Ivory Coast to be sister states. Referred to Committee on Interstate Cooperation. The following committee reports were read by the Secretary: Mr. President: The Committee on Finance and Public Utilities has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 474. Do pass by substitute. HB 1098. Do pass. HB 1145. Do pass. HB 1174. Do pass. HB 1175. Do pass. HB 1424. Do pass. HR 778. Do pass. Respectfully submitted, Mr. President: Senator Starr of the 44th District, Chairman The Committee on Health and Human Services 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 560. Do pass. HB 1158. Do pass. HB 1252. Do pass by substitute. Respectfully submitted, Mr. President: Senator Middleton of the 50th District, Chairman The Committee on Higher Education has had under consideration the following bill and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 587. Do pass. HB 1201. Do pass. Respectfully submitted, Mr. President: Senator Hill of the 4th District, Chairman The Committee on Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 540. Do pass by substitute. HB 1154. Do pass. Respectfully submitted, 512 JOURNAL OP THE SENATE Mr. President: Senator Oliver of the 42nd District, Chairman The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 586. Do pass. HB 1270. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman The following bills were read the second time: SB 440 SB 593 SB 445 HB 1199 SB 477 HB 1307 SB 535 HB 1419 SB 565 SB 573 Senator Dean of the 31st moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 29, nays 1; the motion prevailed, and Senator Thompson was excused. The President called for the morning roll call, and the following Senators answered to their names: Balfour Guhl Blitch Henson Boshears Hill Bowen Hooks Broun, 46th Huggins Brown, 26th James Burton Johnson,D Cagle Johnson,E Cheeks Lamutt Dean Land Egan Langford Fort Madden Gillis Marable Gochenour Middleton Griffin Perdue Those not answering were: Price,R Price.T Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas,D Turner Tysinger Abernathy Glanton Taylor Brush Harbison Thomas,N Clay Kemp Thompson (excused) Crotts Oliver Walker The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Stokes of the 43rd introduced the chaplain of the day, Pastor Collette Gunby of Green Pastures Christian Ministries, Decatur, Georgia, who offered scripture reading and prayer. The following bill was taken up to consider House action thereto: HB 1167. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: FRIDAY, FEBRUARY 13, 1998 513 A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998. Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 1167. On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1167. The following resolutions were read and adopted: SR 628. By Senators Johnson of the 1st, Johnson of the 2nd, Kemp of the 3rd and Boshears of the 6th: A resolution commending the Bird Islands Citizens Advisory Committee and the staff of the Department of Natural Resources Nongame and Endangered Species program. SR 630. By Senator Perdue of the 18th: A resolution commending Georgia Association, Future Homemakers of America and recognizing Monday, February 16, 1998, as Celebrate Families Day in the State of Georgia. SR 631. By Senator Perdue of the 18th: A resolution commending Mr. Jackie Holder. SR 634. By Senator James of the 35th: A resolution honoring the Reverend Jimmie Terrell Alexander. Senator Gillis of the 20th moved that the following resolution be withdrawn from the Committee on Natural Resources and committed to the Committee on Rules: SR 616. By Senators Gillis of the 20th, Starr of the 44th, Broun of the 46th and others: A resolution commending certain local, regional, state, and national governmental entities and associations for their efforts to improve records management practices and preservation in this state. On the motion, the yeas were 31, nays 0; the motion prevailed, and SR 616 was committed to the Committee on Rules. SENATE RULES CALENDAR Friday, February 13, 1998 TWENTIETH LEGISLATIVE DAY HB 1349 Retail installment contract; prepayment; acquisition cost (C Aff-55th) Floyd-138th SB 432 Minimum Wage-amount, incremental adjustments (Amendment) (I&L25th) SB 570 Murder of Certified Peace Officer-provide for offense (Amendment)(Corr-20th) SB 569 Music Hall of Fame Authority-membership (EDT&CA-31st) 514 JOURNAL OF THE SENATE HB 1164 Serious violent felony conviction; deny first offender treatment (Judy12th) Walker-141st HB 1165 HB 1189 Crime victims; restitution; require by certain offenders (Judy-12th) Walker-141st Ad valorem tax; certain property; preferential treatment (F&PU-18th) Walker-141st HB 1353 Business expansions; allocation and apportionment formula (F&PU22nd) Walker-141st SB 186 Insurance-prohibit discriminatory acts against abuse victims (Substitute)(I&L-43rd) Respectfully submitted, lal Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: HB 1349. By Representative Floyd of the 138th: A bill to amend Code Section 10-1-3 of the Official Code of Georgia Annotated, relating to requirements for retail installment contracts, limitations, and prepayment, so as to raise the amount of the acquisition cost allowed to the retailer when prepayment is made. Senate Sponsor: 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: Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Brush Y James Y Burton Y Johnson,D Y Cagle Y Johnson.E Cheeks Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 49, nays 0. Price,R Price.T Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas,D Thomas,N EX Thompson Y Turner Y Tysinger Walker The bill, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 13, 1998 515 Senator Madden of the 47th moved that Senator Ragan of the llth be excused. On the motion, the yeas were 37, nays 0; the motion prevailed, and Senator Ragan was excused. The Calendar was resumed. SB 432. By Senators Griffin of the 25th, James of the 35th, Walker of the 22nd and others: A bill to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to the amount of the minimum wage; to provide for incremental adjustments of the minimum wage. Senator Griffin of the 25th offered the following amendment: Amend SB 432 by striking the word "incremental" on line 4 of page 1. By striking line 13 of page 1 and inserting in lieu thereof the following: "(a)(l) Except Effective July 1, 1998, except as". By striking the amount "$3.72" on line 17 of page 1 and inserting in lieu thereof the amount "$5.15". By striking lines 19 through 30 on page 1. By striking line 31 on page 1 and inserting in lieu thereof the following: "(2) On July 1, 1998, and each year thereafter, the". By striking the year "2000" on line 4 of page 2 and inserting in lieu thereof the year "1998". By renumbering paragraphs (5) and (6) on lines 4 and 9 of page 2 as paragraphs (3) and (4), respectively. On the adoption of the amendment, the yeas were 26, nays 6, and the Griffin amendment was adopted. Senators Balfour of the 9th, Cagle of the 49th, and Gochenour of the 27th offered the following amendment: Amend SB 432 by striking lines 3 and 4 on page 1 and inserting in lieu thereof the following: "paid by employers, so as to abolish the Georgia minimum wage; to". By striking lines 13 through 33 on page 1 and lines 1 through 11 on page 2 and inserting in lieu thereof the following: \Si) iliXCti^L iiti OLiiczi wioe f)l*GVlCreu ill LliiS vJuilti titiCtlun, cVci^y tJin^HUytii'j vVllcLiici Si J)fel*~ E>Oil) In'in, OT OOi |JL>i ci LUJIi, Slicill J)iy LO 3.11 Cuvei'etidiiplu^ccS a. iiliiiniiu.iii W&gje wlllCll Hlkcill Lie nut ItiSS Lliii.il tpo.^dtj JJfel" iiuu-i IG1~ ciiCll llGu.i wulitcu 111 tile cili^jlu^lllt^Ut Ol &uCli employe! Reserved." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Abernathy Y Balfour N Blitch N Boshears N Bowen Y Broun, 46th N Brown, 26th Y Brush Y Burton Y Cagle Cheeks Y Clay 516 JOURNAL OF THE SENATE Y Crotts N Johnson,D Y Ray N Dean Y Johnson.E N Roberts N Egan Kemp N Scott N Fort Y Lamutt N Starr N Gillis Y Land N Stokes Y Glanton N Langford N Streat Y Gochenour N Madden N Tanksley N Griffin N Marable N Taylor Y Guhl N Middleton Y Thomas,D N Harbison N Oliver N Thomas,N N Henson N Perdue N Thompson N Hill Y Price,R N Turner N Hooks Y Price.T Y Tysinger N Huggins EX Ragan N Walker N James Y Ralston On the adoption of the amendment, the yeas were 19, nays 34, and the Balfour, et al. amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin N Balfour N Guhl Y Blitch Y Harbison Y Boshears Y Henson N Bowen N Hill N Broun, 46th N Hooks Y Brown, 26th N Huggins N Brush Y James N Burton Y Johnson,D N Cagle N Johnson,E N Cheeks Kemp N Clay N Lamutt N Crotts N Land N Dean Y Langford N Egan N Madden Y Fort N Marable N Gillis Y Middleton N Glanton Y Oliver N Gochenour N Perdue On the passage of the bill, the yeas were 19, nays 35. N Price,R N Price.T EX Ragan N Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas,D Thomas,N Thompson Turner Tysinger Walker The bill, having failed to receive the requisite constitutional majority, was lost. Senator Griffin of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 432. The following communication was received by the Secretary: February 13, 1998 TO: Mr. Frank Eldridge Secretary of the Senate FRIDAY, FEBRUARY 13, 1998 517 FROM: Senator Steve Thompson As you know I was excused this morning and arrived in time to vote on the minimum wage measure. Unfortunately, I thought we were on an amendment when I voted green and would like you to note on the journal that I would have voted against final passage as it was worded. Thank you very much for your help. The following resolution was read and adopted: SR 629. By Senators Henson of the 55th, Harbison of the 15th, Dean of the 31st and others: A resolution honoring Mr. Moses Hurt. Senator Henson of the 55th introduced Moses Hurt, commended by SR 629, and his family. Mr. Hunt addressed the Senate briefly. Senator Dean of the 31st introduced the Paulding County Chamber of Commerce representatives, commended by SR 569, adopted previously, who addressed the Senate briefly. Senator Harbison of the 15th introduced representatives from the Dogwood Chapter of Women Marines, commended by SR 582, adopted previously. Ms. Edson addressed the the Senate briefly. The Calendar was resumed. SB 570. By Senators Gillis of the 20th, Dean of the 31st, Bowen of the 13th and others: A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the offense of the murder of a certified peace officer; to provide for an effective date and applicability. The Senate Committee on Corrections, Correctional Institutions and Property offered the following amendment: Amend SB 570 by striking line 3 of page 1 and inserting in lieu thereof of the following: "as to provide for the punishment of a person convicted of murdering a certified". By striking lines 21 through 27 of page 1 and inserting in lieu thereof the following: "(b) A person convicted of the offense of murder of a certified peace officer while engaged in his or her official duties shall be punished by death or by". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Cagle Y Cheeks Y Clay Y Crotts Y Dean Egan 518 JOURNAL OF THE SENATE Y Fort Kemp Y Gillis Y Lamutt Y Glanton Y Gochenour Y Land Y Langford Y Griffin Y Madden Y Guhl Y Marable Y Harbison Y Middleton Henson Y Oliver Y Hill Y Hooks Y Perdue Y Price,R Y Huggins Y Price,T Y James EX Ragan Y Johnson.D Y Ralston Y Johnson.E Y Ray On the passage of the bill, the yeas were 49, nays 0. Y Roberts Y Scott Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed, as amended. SB 569. By Senators Dean of the 31st, Brown of the 26th and Marable of the 52nd: A bill to amend Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Music Hall of Fame Authority, and Article 1 of Chapter 8 of Title 50, relating to general provisions governing the Department of Community Affairs, so as to eliminate the current members of the Georgia Music Hall of Fame Authority and make the membership of the Board of Community Affairs the members of the Authority. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Balfour Y Blitch Y Boshears Y Bowen Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Hooks Y Huggins James Y Johnson,D Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Johnson,E Kemp Y Lamutt Y Land Y Langford Y Madden Y Fort Y Gillis Y Glanton Y Gochenour Y Marable Y Middleton Y Oliver Y Perdue On the passage of the bill, the yeas were 49, nays 0. Y Price,R Y Price.T EX Ragan Y Ralston Y Ray Y Roberts Y Scott Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson Turner Y Tysinger Walker FRIDAY, FEBRUARY 13, 1998 519 The bill, having received the requisite constitutional majority, was passed. Senator Ray of the 48th introduced the doctor of the day, Dr. James Majors of Lawrenceville, Georgia. 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 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 1167. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998. The Speaker has appointed on the part of the House, Representatives Coleman of the 142nd, Walker of the 141st and Buck of the 135th. The following bill was taken up to consider House action thereon: HB 1167. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill providing appropriations for the State Fiscal Year 1997-1998 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1997-1998. Senator Hooks of the 14th moved that the Senate adhere to its substitute to HB 1167 and that a Conference Committee be appointed. On the motion, the yeas were 43, nays 0; the motion prevailed, and the President appointed 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 Calendar was resumed. HB 1164. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th and others: A bill to provide that persons who have been found to have committed a serious violent felony shall not be afforded first offender treatment; to provide for legislative findings; to amend Article 1 of 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 that provisions relating to probation of first offenders shall not be available to any person upon a verdict or plea of guilty to a serious violent felony. Senate Sponsor: Taylor of the 12th. Senators Land of the 16th, Ralston of the 51st and Clay of the 37th offered the following amendment: Amend HB 1164 by adding on line 11 of page 1 between the semicolon and the words "to amend" the following: 520 JOURNAL OF THE SENATE "to provide that any person sentenced to imprisonment other than a sentence of life imprisonment for the first conviction or any subsequent conviction of any serious felony committed on or after the effective date of this Act shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served 90 percent of the sentence imposed by the sentencing court; to provide that any person sentenced to imprisonment for life for the first conviction or any subsequent conviction of any serious felony committed on or after the effective date of this Act shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served a minimum of 14 years in prison; to provide for exceptions and for the applicability of other provisions of law; to provide that the term of imprisonment to which a person is sentenced for a serious felony committed after the effective date of this Act shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections; to define a certain term;" By adding between lines 36 and 37 on page 2 a new Section 2.1 to read as follows: "SECTION 2.1. Said article is further amended by adding between Code Sections 17-10-6.1 and 17-10-7 a new Code Section 17-10-6.2 to read as follows: '17-10-6.2. (a) As used in this Code section, the term "serious felony" means any felony which constitutes: (1) Criminal attempt to commit murder, as defined in Code Sections 16-4-1 and 165-1; (2) Voluntary manslaughter, as defined in Code Section 16-5-2; (3) Involuntary manslaughter, as defined in Code Section 16-5-3; (4) Aggravated assault, as defined in subsection (a) of Code Section 16-5-21, when a weapon is used in the commission of the crime and an injury occurs; (5) Aggravated assault against a peace officer or correctional officer, as defined in subsection (c) of Code Section 16-5-21; (6) Aggravated battery, as defined in subsection (a) of Code Section 16-5-24; (7) Aggravated battery against a peace officer or correctional officer, as defined in subsection (c) of Code Section 16-5-24; (8) Hijacking a motor vehicle, as defined in Code Section 16-5-44.1; (9) Cruelty to children, as defined in Code Section 16-5-70; (10) Feticide, as defined in Code Section 16-5-80; (11) Aggravated stalking, as defined in Code Section 16-5-91; (12) Criminal attempt to commit rape, as defined in Code Sections 16-4-1 and 16-61; (13) Statutory rape, as defined in Code Section 16-6-3; (14) Child molestation, as defined in subsection (a) of Code Section 16-6-4; (15) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; (16) Incest, as defined in Code Section 16-6-22; (17) Burglary of the dwelling of another, as defined in Code Section 16-7-1; FRIDAY, FEBRUARY 13, 1998 521 (18) Robbery, as denned in Code Section 16-8-40; (19) Bus or rail vehicle hijacking, as defined in Code Section 16-12-123; or (20) Homicide by vehicle in the first degree, as defined in Code Section 40-6-393, when at the time of the commission of the crime such offender was an habitual violator as defined in Code Section 40-5-58 or was driving under the influence of alcohol, drugs, or any other intoxicating substance in violation of Code Section 40-6-391. (b) Notwithstanding any other provisions of law to the contrary, except as otherwise provided in subsection (c) of Code Section 17-10-7, any person sentenced to imprisonment for the first conviction or any subsequent conviction of any serious felony committed on or after the effective date of this Code section shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served 90 percent of the sentence imposed by the sentencing court; provided, however, that, except as otherwise provided in subsection (c) of Code Section 17-10-7, any person sentenced to imprisonment for life for the first conviction or any subsequent conviction of any serious felony committed on or after the effective date of this Code section shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served a minimum of 14 years in prison. The term of imprisonment to which a person is sentenced for a serious felony committed on or after the effective date of this Code section shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections.'" Senator Taylor of the 12th moved that HB 1164 be placed on the Table. On the motion, the President ordered a roll call, and the vote was as follows: Y Abernathy Y Griffin N Price.R N Balfour N Guhl N Price.T Y Blitch Y Harbison EX Ragan N Boshears Y Henson N Ralston Y Bowen Y Hill N Ray Y Broun, 46th Y Hooks N Roberts Y Brown, 26th Y Huggins Y Scott N Brush James Starr N Burton Y Johnson,D Y Stokes N Cagle N Johnson,E Y Streat Y Cheeks Kemp N Tanksley N Clay N Lamutt Y Taylor N Crotts N Land N Thomas.D Y Dean Y Langford Y Thomas.N N Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton N Tysinger N Glanton Y Oliver Y Walker N Gochenour Y Perdue On the motion, the yeas were 30, nays 22; the motion prevailed, and HB 1164 was placed on the Table. HB 1165. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th and others: 522 JOURNAL OF THE SENATE A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution to crime victims, so as to provide that adult offenders convicted of offenses involving theft and damage to property be required to make restitution to victims who are not otherwise reimbursed or compensated. Senate Sponsor: 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: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James Y Burton Y Johnson,D Y Cagle Y Johnson.E Y Cheeks Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 51, nays 0. Y Price,R Y Price,T EX Ragan Y Ralston Y Ray Y Roberts Y Scott Starr Y Stokes Y Streat Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. The following resolution was taken up to consider House action thereto: SR 463. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others: A resolution proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted on or after July 1, 1999, of crimes as defined by the General Assembly; to provide for submission of this amendment for ratification or rejection. The House substitute was as follows: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the authority and the duty to limit by law the powers of the State Board of Pardons and Paroles, so that persons convicted of crimes to be specified by the General Assembly which are committed on or after July 1, 1999, shall be rendered ineligible for parole and may be rendered ineligible for any or all other forms of executive clem- FRIDAY, FEBRUARY 13, 1998 523 ency; 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, Section II, Paragraph II of the Constitution is amended by inserting at the end thereof a new subparagraph (f) to read as follows: "(f) The General Assembly shall have the authority and the duty, beginning in the 1999 regular session of the General Assembly, to limit by law the powers of the State Board of Pardons and Paroles, so that persons convicted of crimes to be specified by the General Assembly which are committed on or after July 1, 1999, shall be rendered ineligible for parole and may be rendered ineligible for any or all other forms of executive clemency. The mandatory sentencing authority provided for in this subparagraph shall be in addition to mandatory sentencing already provided by law, and existing mandatory sentencing laws shall not be abated by the adoption of this subparagraph." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the General Assembly shall have the authority and the duty to limit by law the powers of the State Board of Pardons and Paroles, so that persons convicted of crimes to be specified by the General Assembly which are committed on or after July 1, 1999, shall be rendered ineligible for parole and may be rendered ineligible for any or all other forms of executive clemency?" 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. Senator Perdue of the 18th moved that the Senate agree to the House substitute to SR 463. Senators Gochenour of the 27th and Guhl of the 45th offered the following amendment: Amend the House substitute to SR 463 by striking lines 1 through 10 on page 1 and inserting in lieu thereof the following: "Proposing an amendment to the Constitution so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted of crimes after January 1, 1999; to provide for submission of this amendment for ratification or rejection; and for other purposes." By striking lines 16 through 28 on page I and inserting in lieu thereof the following: "(f) The authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles, to commute penalties, to remove disabilities by law, and to remit 524 JOURNAL OF THE SENATE any part of a sentence for any offense against the state after conviction shall be abolished for all persons convicted of crimes on or after January 1, 1999." By striking lines 1 through 10 on page 2 and inserting in lieu thereof the following: "( ) YES ( ) NO Shall the Constitution be amended so as to abolish the authority of the State Board of Pardons and Paroles to grant reprieves, pardons, and paroles for persons convicted of crimes on or after January 1, 1999?" Senator Gochenour of the 27th moved that the Senate agree to the House substitute as amended by the Senate. On the motion, which takes precedence, the President ordered a roll call, and the vote was as follows: N Abernathy N Griffin Y Price,R Y Balfour Y Guhl Y Price,T N Blitch N Harbison EX Ragan Y Boshears N Henson Y Ralston N Bowen N Broun, 46th N Hill N Hooks Y Ray Roberts N Brown, 26th N Huggins N Scott Y Brush N James N Starr Y Burton N Johnson,D Stokes Y Cagle Y Johnson.E N Streat N Cheeks Kemp Y Tanksley Y Clay Y Lamutt N Taylor N Crotts N Land Y Thomas,D N Dean N Langford Thomas,N N Egan N Madden N Thompson N Fort N Marable N Turner N Gillis N Middleton N Tysinger N Glanton N Oliver N Walker Y Gochenour N Perdue On the motion by Senator Gochenour of the 27th to agree to the House substitute as amended by the Senate, the yeas were 16, nays 35, and the motion was lost. Senators Land of the 16th and Crotts of the 17th offered the following amendment: Amend the House substitute to SR 463 by striking lines 1, 2, and 3 on page 1 and inserting in lieu thereof the following: "Proposing an amendment to the Constitution so as to provide that any person sentenced to imprisonment other than a sentence of life imprisonment for the first conviction or any subsequent conviction of any of certain serious felonies shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served 90 percent of the sentence imposed by the sentencing court; to provide that any person sentenced to imprisonment for life for the first conviction or any subsequent conviction of any of certain serious felonies shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served a minimum of 14 years in prison; to prohibit any sentence-reducing measures with respect to such serious felonies; to authorize the General Assembly to change the application of such restrictions and limita- FRIDAY, FEBRUARY 13, 1998 525 tions with respect to certain serious felonies; to provide that the General Assembly shall have the authority to limit by law the powers of the State Board of". By striking lines 13 through 15 on page 1 and inserting the following: "Article IV, Section II, Paragraph II of the Constitution is amended by redesignating subparagraphs (d) and (e) as subparagraphs (e) and (f), respectively, and inserting a new subparagraph (d) to read as follows: '(d)(l) Except as otherwise provided in subparagraphs (b), (c), and (f) of this Paragraph and general laws enacted by the General Assembly pursuant to the authority of such subparagraphs, any person sentenced to imprisonment for the first conviction or any subsequent conviction of any of the following felonies as defined by general law committed on or after January 1, 1999, shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served 90 percent of the sentence imposed by the sentencing court: criminal attempt to commit murder, voluntary manslaughter, involuntary manslaughter, aggravated assault, aggravated assault against a peace officer or correctional officer, aggravated battery, aggravated battery against a peace officer or correctional officer, hijacking a motor vehicle, cruelty to children, feticide, aggravated stalking, criminal attempt to commit rape, statutory rape, child molestation, enticing a child for indecent purposes, incest, burglary of the dwelling of another, robbery, bus or rail vehicle hijacking, or homicide by vehicle in the first degree; provided, however, that unless otherwise provided by general law, any person sentenced to imprisonment for life for the first conviction or any subsequent conviction of any felony listed in this subparagraph committed on or after January 1, 1999, shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served a minimum of 14 years in prison. The term of imprisonment to which a person is sentenced for a serious felony committed on or after January 1, 1999, shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections. (2) The General Assembly may by general law approved by two-thirds of the members elected to the General Assembly in a roll-call vote remove any crime listed in subparagraph (1) of this subparagraph from the limitations and restrictions provided in such subparagraph and may provide for additional crimes to be subject to such limitations and restrictions on parole and sentence reduction.' SECTION 2. Said Article IV, Section II, Paragraph II of the Constitution is amended by inserting at the end thereof a new subparagraph (g) to read as follows:". By striking from line 16 of page 1 the following: "'(f)", and inserting in lieu thereof the following: "'(g)". By striking from line 29 of page 1 the following: "SECTION 2.", and inserting in lieu thereof the following: "SECTION 3." By adding at the end of line 1 of page 2 the following: 526 JOURNAL OF THE SENATE "provide that persons sentenced to imprisonment for certain serious crimes shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles until such person has served 90 percent of the sentence imposed and to". By striking from line 3 of page 2 the words: "and the duty". Senator Land of the 16th moved that the Senate agree to the House substitute as amended by the Senate. On the motion, which takes precedence, the President ordered a roll call, and the vote was as follows: N Abernathy N Griffin Y Price.R Y Balfour Y Guhl Y Price.T Blitch N Harbison EX Ragan Y Boshears N Henson Y Ralston N Bowen N Hill Y Ray N Broun, 46th N Hooks Roberts N Brown, 26th N Huggins N Scott Y Brush N James N Starr Y Burton N Johnson.D Stokes Y Cagle Y Johnson,E N Streat N Cheeks Kemp Y Tanksley Y Clay Y Lamutt N Taylor Y Crotts Y Land Y Thomas,D N Dean N Langford Thomas.N Y Egan N Madden N Thompson N Port N Marable N Turner N Gillis N Middleton Y Tysinger Y Glanton N Oliver N Walker Y Gochenour N Perdue On the motion by Senator Land of the 16th to agree to the House substitute as amended by the Senate, the yeas were 21, nays 29, and the motion was lost. Senator Langford of the 29th offered the following amendment: Amend the House substitute to SR 463 by striking on page one, line 17, "1999" and replacing it with "1998" Senator Langford of the 29th moved that the Senate agree to the House substitute as amended by the Senate. On the motion, which takes precedence, the President ordered a roll call, and the vote was as follows: N Abernathy N Balfour Blitch N Boshears N Bowen N Broun, 46th N Brown, 26th Y Brush N Burton N Cagle Y Cheeks N Clay N Crotts N Dean N Egan N Fort N Gillis N Glanton N Gochenour N Griffin N Guhl N Harbison N Henson N Hill N Hooks N Huggins FRIDAY, FEBRUARY 13, 1998 527 N James N Oliver Stokes N Johnson.D N Perdue N Streat N Johnson,E N Price.R N Tanksley Kemp N Price.T N Taylor N Lamutt EX Ragan N Thomas.D N Land N Ralston Thomas,N Y Langford N Ray N Thompson N Madden Roberts N Turner N Marable N Scott N Tysinger N Middleton N Starr N Walker On the motion by Senator Langford of the 29th to agree to the House substitute as amended by the Senate, the yeas were 3, nays 47, and the motion was lost. On the motion by Senator Perdue of the 18th to agree to the House substitute, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin N Price.R N Balfour N Guhl N Price,T Y Blitch Y Harbison EX Ragan N Boshears Y Henson N Ralston Y Bowen Y Hill N Ray Y Broun, 46th Y Hooks N Roberts N Brown, 26th Y Huggins Y Scott N Brush Y James Y Starr N Burton Y Johnson,D Y Stokes N Cagle N Johnson,E Y Streat Y Cheeks Kemp N Tanksley N Clay N Lamutt Y Taylor N Crotts N Land N Thomas,D Y Dean N Langford Y Thomas,N N Egan Y Madden Y Thompson N Fort Y Marable Y Turner Y Gillis Y Middleton N Tysinger N Glanton Y Oliver Y Walker N Gochenour Y Perdue On the motion by Senator Perdue of the 18th to agree to the House substitute, the yeas were 29, nays 25, and the motion was lost. Senator Perdue of the 18th moved that the Senate disagree to the House substitute to SR 463. On the motion, the President ordered a roll call, and the vote was as follows: Y Abernathy N Balfour Y Blitch Y Boshears Y Bowen N Broun, 46th Y Brown, 26th Y Brush Y Burton N Cagle Y Cheeks N Clay N Crotts Y Dean N Egan N Fort Gillis N Glanton N Gochenour Y Griffin N Guhl Y Harbison Henson Y Hill Y Hooks Y Huggins James Y Johnson,D N Johnson,E 528 JOURNAL OF THE SENATE Kemp N Price.R Y Streat N Lamutt N Price.T N Tanksley Y Land EX Ragan Y Taylor Y Langford Y Ralston N Thomas,D Y Madden N Ray Y Thomas.N Y Marable N Roberts Y Thompson Y Middleton Y Scott Turner Y Oliver Y Starr N Tysinger Y Perdue Y Stokes Y Walker On the motion, the yeas were 31, nays 19; the motion prevailed, and the Senate dis- agreed to the House substitute to SR 463. At 12:10 P.M., Senator Walker of the 22nd moved that, pursuant to HR 810, the Senate stand in recess until 5:00 P.M., and at that time adjourn until 10:00 A.M. Monday, February 16; the motion prevailed. At 5:00 P.M. the Senate adjourned. MONDAY, FEBRUARY 16, 1998 529 Senate Chamber, Atlanta, Georgia Monday, February 16, 1998 Twenty-first Legislative Day The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore. Senator Huggins of the 53rd reported that the Journal of Friday, February 13, 1998 proceedings had been read and found correct. Senator Griffin of the 25th moved that the Senate reconsider its action in defeating the following bill: SB 432. By Senators Griffin of the 25th, James of the 35th, Walker of the 22nd and others: A bill to amend Code Section 34-4-3 of the Official Code of Georgia Annotated, relating to the amount of the minimum wage; to provide for incremental adjustments of the minimum wage. On the motion to reconsider, the yeas were 14, nays 32; the motion lost, and SB 432 was not reconsidered. 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 1614. By Representatives Roberts of the 162nd, Everett of the 163rd, Dukes of the 161st and others: A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions relating to the membership of the authority. HB 1618. By Representative Barnard of the 154th: A bill to amend an Act providing a new charter for the City of Hagan, so as to provide for staggered terms of office for the mayor and city council. HB 1619. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Douglas, so as to provide for four-year terms of office for the mayor and city commissioners. HB 1624. By Representatives Mills of the 21st, Smith of the 19th, Tolbert of the 25th and others: A bill to provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over. HB 1632. By Representative Floyd of the 138th: 530 JOURNAL OF THE SENATE A bill to provide a homestead exemption from certain Crisp County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead of certain residents of that county. HB 1368. By Representatives Reichert of the 126th and Crawford of the 129th: A bill to amend Code Section 48-3-21.1 of the Official Code of Georgia Annotated, relating to statute of limitations provisions for the enforcement of executions issued for ad valorem taxes in amounts less than $1.00, so as to increase the threshold amount to $5.00. HB 1219. By Representatives Royal of the 164th, McKinney of the 51st, Jones of the 71st and others: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to authorize the investment of certain reserve funds in additional investments. HB 1440. By Representatives Sauder of the 29th, Channell of the lllth, Walker of the 141st 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 prevent certain errors from constituting abuse; to change the provisions regarding seizure of property subject to such forfeiture and provide for bonding requirements. HB 1266. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th and others: A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to enact the "Disaster Volunteer Leave Act". HB 1365. By Representatives Royal of the 164th, Buck of the 135th, Walker of the 141st and others: A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to specify additional circumstances under which certain penalties shall not apply. HB 1337. 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 change the provisions relating to the requirement that certain information be printed on county and municipal building permits. HB 1304. By Representative Hudgens of the 24th: A bill to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising which is otherwise authorized by Code Sections 32-6-72 and 32-6-73, so as to change the provisions relating to signage near a public park, public playground, public recreation area, public forest, scenic area, or cemetery. HB 1412. By Representative McKinney of the 51st: MONDAY, FEBRUARY 16, 1998 531 A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to rename certain county boards of health and departments of health as county boards of public health and wellness and county departments of public health and wellness, respectively, and provide for continued powers and duties. SB 326. By Senator Perdue of the 18th: A bill to amend Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability benefits payable to certain law enforcement officers disabled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal. The House has adopted by the requisite constitutional majority the following resolutions of the House: HR 842. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th: A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funds for the control, management, and eradication of the red imported fire ant. HR 843. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th: A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funding for the research and eradication of the Tomato Spotted Wild Virus in Georgia. HR 935. By Representatives Barnes of the 33rd, Manning of the 32nd, Grindley of the 35th and others: A resolution authorizing the conveyance of certain state owned real property located in Cobb County. HR 829. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th and others: A resolution authorizing the conveyance of certain state owned real property located in Bibb County. HR 1075. By Representatives Mills of the 21st, Crews of the 78th, Mann of the 5th and others: A resolution recognizing efforts to commemorate the Great Jubilee Year of 2000 and celebrate the 2000th Anniversary of the Birth of Jesus Christ. The following bills were introduced, read the first time and referred to committees: SB 633. By Senators Ralston of the 51st, Johnson of the 1st and Roberts of the 30th: A bill to amend Chapter 1 of Title 1 of the Official Code of Georgia Annotated, relating to general provisions, so as to provide that persons who are ordered to perform community service shall perform the required number of hours of such service exclusive of time spent in traveling to or from the place of work. Referred to Committee on Judiciary. 532 JOURNAL OF THE SENATE SB 634. By Senator Ralston of the 51st: A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to privileged testimony, so as to provide that the privilege of communications between an attorney and a client shall include communications between a client and an attorney for another party to an action as to a matter of common interest. Referred to Committee on Judiciary. SB 635. By Senators Roberts of the 30th, Ralston of the 51st, Hooks of the 14th and Walker of the 22nd: A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide for certain policy issuance, renewal, continuation, or replacement reporting requirements; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension of drivers' licenses. Referred to Committee on Insurance and Labor. SB 636. By Senator Langford of the 29th: A bill to amend Code Section 51-12-1 of the Official Code of Georgia Annotated, relating to types of damages, evidence admissible in actions involving special damages, and the admissibility of evidence of compensation, benefits, or other payments from collateral sources, so as to revise the provisions relating to the admissibility of evidence of compensation benefits, or other payments from collateral sources. Referred to Committee on Judiciary. SB 637. By Senator Langford of the 29th: A bill to amend Article 2 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to joint tort-feasors, so as to provide for comparative negligence; to provide that damages, if any, shall be apportioned among defendants according to the fault of each defendant; to provide for applicability; to provide an effective date. Referred to Committee on Judiciary. SB 638. By Senators Perdue of the 18th, Clay of the 37th and Hooks of the 14th: A bill to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to sovereign immunity and claims against the state, so as to provide for a reservation of sovereign immunity with respect to failure of computer systems to properly recognize or process dates in the year 2000 or later; to provide for applicability to state and local government; to provide for the meaning of terms. Referred to Committee on Judiciary. SB 639. By Senator Fort of the 39th: A bill to amend Code Section 10-1-310 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide for a $3.00 limitation on service charges for the sale of any ticket of admission to any entertainment event. MONDAY, FEBRUAEY 16, 1998 533 Referred to Committee on Consumer Affairs. SB 640. By Senator Langford of the 29th: A bill to amend Chapter 11 of Title 9 and Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to civil practice and witnesses, respectively, so as to provide for the qualifications of an expert for purposes of an affidavit accompanying the complaint or for testimony as an expert in an action alleging professional malpractice. Referred to Committee on Judiciary. SB 641. By Senator Thompson of the 33rd: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to powers and duties of the department of transportation; to change certain provisions relating to powers of a municipality; to provide an effective date. Referred to Committee on Transportation. SB 642. By Senator Starr of the 44th: A bill to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment of the Senate and qualifications of its members, so as to change the composition of certain Senate districts; to provide for applicability. Referred to Committee on Reapportionment. SR 635. By Senators Starr of the 44th and Oliver of the 42nd: A resolution authorizing the conveyance of certain property located in DeKalb County and owned by the State of Georgia and the Georgia Building Authority (Hospital). Referred to Committee on Finance and Public Utilities. SR 638. By Senators Oliver of the 42nd and Scott of the 36th: A resolution authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 639. By Senator Middleton of the 50th: A resolution honoring Tommy Irvin and designating a portion of Georgia Highway 365 as the "Tommy Irvin Parkway". Referred to Committee on Transportation. The following bills were read the first time and referred to committees: HB 1219. By Representatives Royal of the 164th, McKinney of the 51st, Jones of the 71st and Teper of the 61st: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to authorize the investment of certain reserve funds in additional investments. Referred to Committee on Finance and Public Utilities. 534 JOURNAL OF THE SENATE HB 1266. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th and others: A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to enact the "Disaster Volunteer Leave Act". Referred to Committee on Public Safety. HB 1304. By Representative Hudgens of the 24th: A bill to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising which is otherwise authorized by Code Sections 32-6-72 and 32-6-73, so as to change the provisions relating to signage near a public park, public playground, public recreation area, public forest, scenic area, or cemetery. Referred to Committee on Transportation. HB 1337. 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 change the provisions relating to the requirement that certain information be printed on county and municipal building permits. Referred to Committee on Science, Technology and Industry. HB 1365. By Representatives Royal of the 164th, Buck of the 135th, Walker of the 141st and others: A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to specify additional circumstances under which certain penalties shall not apply. Referred to Committee on Finance and Public Utilities. HB 1368. By Representatives Reichert of the 126th and Crawford of the 129th: A bill to amend Code Section 48-3-21.1 of the Official Code of Georgia Annotated, relating to statute of limitations provisions for the enforcement of executions issued for ad valorem taxes in amounts less than $1.00, so as to increase the threshold amount to $5.00. Referred to Committee on Finance and Public Utilities. HB 1412. By Representative McKinney of the 51st: A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to rename certain county boards of health and departments of health as county boards of public health and wellness and county departments of public health and wellness, respectively, and provide for continued powers and duties. Referred to Committee on Health and Human Services. HB 1440. By Representatives Sauder of the 29th, Channell of the lllth, Walker of the 141st 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 prevent certain errors from constituting abuse; to change the provisions regarding MONDAY, FEBRUARY 16, 1998 535 seizure of property subject to such forfeiture and provide for bonding requirements. Referred to Committee on Health and Human Services. HB 1614. By Representatives Roberts of the 162nd and Everett of the 163rd: A bill to amend an Act creating the Chehaw Park Authority, so as to change the provisions relating to the membership of the authority. Referred to Committee on State and Local Governmental Operations. HB 1618. By Representative Barnard of the 154th: A bill to amend an Act providing a new charter for the City of Hagan, so as to provide for staggered terms of office for the mayor and city council. Referred to Committee on State and Local Governmental Operations. HB 1619. By Representative Sims of the 167th: A bill to amend an Act creating a new charter for the City of Douglas, so as to provide for four-year terms of office for the mayor and city commissioners. Referred to Committee on State and Local Governmental Operations. HB 1624. By Representatives Mills of the 21st, Smith of the 19th, Tolbert of the 25th and Rogers of the 20th: A bill to provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over. Referred to Committee on State and Local Governmental Operations. HB 1632. By Representative Floyd of the 138th: A bill to provide a homestead exemption from certain Crisp County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead of certain residents of that county. Referred to Committee on State and Local Governmental Operations. HR 829. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th and Graves of the 125th: A resolution authorizing the conveyance of certain state owned real property located in Bibb County. Referred to Committee on Finance and Public Utilities. HR 842. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th: A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funds for the control, management, and eradication of the red imported fire ant. Referred to Committee on Agriculture. HR 843. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th: 536 JOURNAL OF THE SENATE A resolution urging the Georgia Congressional delegation and the United States Department of Agriculture to increase existing funding for the research and eradication of the Tomato Spotted Wild Virus in Georgia. Referred to Committee on Agriculture. HR 935. By Representatives Barnes of the 33rd, Manning of the 32nd, Grindley of the 35th and others: A resolution authorizing the conveyance of certain state owned real property located in Cobb County. Referred to Committee on Finance and Public Utilities. The following committee reports were read by the Secretary: Mr. President: The Committee on Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 460. Do pass by substitute. Respectfully submitted, Mr. President: Senator Oliver of the 42nd District, Chairman The Committee on State and Local Governmental Operations 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 1017. Do pass. HB 1559. Do pass. Respectfully submitted, Mr. President: Senator Thomas of the 10th District, Chairman The Committee on Transportation 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 614. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Chairman The following bills and resolutions were read the second time: SB 474 HB 1145 HB 1252 SB 540 HB 1154 HB 1270 SB 560 HB 1158 HB 1424 SB 586 HB 1174 HR 778 SR 587 HB 1175 HB 1098 HB 1201 Senator Henson of the 55th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Stokes was excused. Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names: Balfour Blitch Boshears Bowen Broun, 46th Brown, 26th MONDAY, FEBRUARY 16, 1998 537 Brush Henson Burton Hill Cagle Hooks Cheeks Huggins Clay James Crotts Johnson,D Dean Johnson,E Egan Kemp Fort Lamutt Gillis Land Glanton Langford Gochenour Madden Griffin Marable Guhl Middleton Harbison Oliver Those not answering were: Price,R Price,T Ragan Ralston Ray Roberts Scott Streat Tanksley Taylor Thomas,D Thompson Turner Tysinger Abernathy Starr Thomas,N Perdue(PRS) Stokes (excused) Walker Senator Oliver of the 42nd led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Oliver of the 42nd introduced the chaplain of the day, Dr. William E. Flippin, pastor of Greater Piney Grove Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer. Senator Bowen of the 13th introduced representatives from Crisp County, Cordele, Georgia, and the Watermelon Queen, Marci Dwozan, commended by SR 623 and SR 625, adopted previously. The following resolution was read and adopted: SR 636. By Senators Harbison of the 15th, Johnson of the 2nd, James of the 35th and others: A resolution recognizing Alpha Kappa Alpha Sorority, Inc., on the occasion of its 90th anniversary and commending Dr. Lucretia Payton-Stewart. Senator Harbison of the 15th introduced Alpha Kappa Alpha Sorority representatives, commended by SR 636. Senator Land of the 16th introduced the doctor of the day, Dr. John Bucholtz, of Columbus, Georgia. The following resolutions were read and adopted: SR 637. By Senators Harbison of the 15th and Land of the 16th: A resolution recognizing and commending Jason Jones. SR 640. By Senator Thompson of the 33rd: A resolution commending Joseph Burton Butler. SR 641. By Senators Hill of the 4th, Perdue of the 18th, Gillis of the 20th and others: A resolution paying tribute to Joseph E. Kennedy. SR 642. By Senator Boshears of the 6th: A resolution recognizing the late Mr. Charles Hicks. 538 JOURNAL OF THE SENATE HR 1075. By Representatives Mills of the 21st, Crews of the 78th, Mann of the 5th and others: A resolution recognizing efforts to commemorate the Great Jubilee Year of 2000 and celebrate the 2000th Anniversary of the Birth of Jesus Christ. The following local, uncontested bills of the Senate, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Monday, February 16, 1998 TWENTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1017 Madden, 47th MADISON COUNTY 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 1559 Land, 16th MARION COUNTY A bill to change the compensation of the members of the Marion County Board of Education. 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: Abernathy Griffin Y Price,R Y Balfour Y Guhl Y Price,T Y Blitch Y Harbison Y Ragan Y Boshears Henson Y Ralston Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Brown, 26th Y Huggins Y Scott Brush Y James Y Starr Y Burton Y Johnson,D EX Stokes Y Cagle Y Johnson,E Y Streat Y Cheeks Kemp Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Perdue(PRS) On the passage of the local bills, the yeas were 46, nays 0. MONDAY, FEBRUARY 16, 1998 539 All the bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. NOTICE OF MOTION TO RECONSIDER: SB 432 Minimum Wage-amount, incremental adjustments (Amendment) (I&L-25th) SENATE RULES CALENDAR Monday, February 16, 1998 TWENTY-FIRST LEGISLATIVE DAY HB 1189 Ad valorem tax; certain property; preferential treatment (F&PU-51st) Walker-141st HB 1353 Business expansions; allocation and apportionment formula (F&PU22nd) Walker-141st SB 186 Insurance-prohibit discriminatory acts against abuse victims (Substitute)(I&L-43rd) SB 595 Mutual Insurers-relating to mergers, policyholder approval (F&PU42nd) HB 1419 Georgia Sports Hall of Fame; amend provisions (EDT&CA-31st) Walker-141st SB 523 District Attorneys-appoint one assistant to prosecute certain cases (SubstituteXS Judy-12th) SB 541 Probate Courts-jurisdiction over trust issues (Judy-51st) SB 485 County Officers', Employees' Health Plans-election of plans (SLGO-G20th) SB 573 Zoning Procedures-redefine zoning decision (Amendment) (SLGO-G48th) SB 572 911 System-revision of plan for implementing state-wide system (Substitute)(F&PU-47th) SB 542 Insurance Commissioner-certain filings public records, financial statements (I&L-45th) SB 594 Essential Rural Health Care Provider Access Act-provide (Substitute)(H&HS-50th) SB 544 Electronic Warehouse Receipt Providers-change provisions (Ag-llth) 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 1189. By Representatives Walker of the 141st, Skipper of the 137th, Royal of the 164th and others: 540 JOURNAL OF THE SENATE A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to provide for the approval and filing of applications for preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide residential transitional property. Senate Sponsor: Senator Ralston of the 51st. Senators Ralston of the 51st and Perdue of the 18th offered the following amendment: Amend HB 1189 by adding preceding the quotation mark on line 25 of page 2 the following: "As to property approved for preferential assessment prior to July 1, 1998, the county board of tax assessors shall file copies of all approved applications in the office of the clerk of the superior court not later than August 14, 1998, and the clerk shall file, index, and record such approved applications, as provided for in this subsection, with the fee of the clerk of the superior court for filing, indexing, and recording to be paid out of the general funds of the county." On the adoption of the amendment, the yeas were 34, nays 0, and the Ralston, Perdue 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: Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush James Y Burton Y Johnson.D Y Cagle Y Johnson.E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Perdue (PRS) On the passage of the bill, the yeas were 52, nays 0 Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed as amended. The President assumed the Chair. HB 1353. By Representatives Walker of the 141st, Buck of the 135th, Sauder of the 29th and others: MONDAY, FEBRUARY 16, 1998 541 A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to authorize the state revenue commissioner to enter into an agreement with the taxpayer to establish an allocation and apportionment formula under certain conditions. 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: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush N James Y Burton Y Johnson,D Y Cagle Y Johnson.E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 53, nays 1. Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 186. By Senators Stokes of the 43rd, Henson of the 55th and Oliver of the 42nd: A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the insurance industry, so as to prohibit discriminatory acts against victims of abuse; to define what constitutes abuse and define other terms; to specify prohibited acts; to require continuation of coverage and conversion privileges under certain circumstances. The President dropped SB 186 to the bottom of the Calendar as the sponsor, Senator Stokes of the 43rd, was excused earlier. SB 595. By Senators Oliver of the 42nd, Starr of the 44th, Roberts of the 30th and others: A bill to amend Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, so as to change certain provisions relating to applicability of said chapter; to define certain terms; to provide for reorganization of mutual insurers and formation of mutual insurance holding companies; to provide for mergers of mutual insurers or other en- 542 JOURNAL OF THE SENATE tities with mutual insurance holding companies; to provide for approval of reorganization plans or merger plans by policyholders. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Y Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James Y Burton Y Johnson,D Y Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 54, nays 0. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. HB 1419. By Representatives Walker of the 141st, Lee of the 94th, Reichert of the 126th and others: A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, by repealing Part 1, relating to the Georgia Sports Hall of Fame, in its entirety; to amend Part 12 of Article 7 of Chapter 3 of Title 12, relating to the Sports Hall of Fame Authority, so as to change the provisions relating to the membership of the authority and terms of office of members. 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: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill MONDAY, FEBRUARY 16, 1998 543 Y Hooks Y Middleton Y Huggins Y Oliver Y James Perdue Y Johnson,D Y Price,R Y Johnson.E Y Price,T Y Kemp Y Ragan Y Lamutt Y Ralston Y Land Y Ray Langford Y Roberts Y Madden Y Scott Y Marable Y Starr On the passage of the bill, the yeas were 51, nays 0. Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Thomas,N Y Thompson Y Turner Y Tysinger Walker The bill, having received the requisite constitutional majority, was passed. SB 523. By Senators Taylor of the 12th, Bowen of the 13th, Scott of the 36th, Hill of the 4th, Kemp of the 3rd and others: A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to prosecuting attorneys, so as to authorize the district attorney in each judicial circuit to appoint one assistant district attorney who shall prosecute as directed by the district attorney only cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act". The Senate Committee on Special Judiciary offered the following substitute to SB 523: A BILL To be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to prosecuting attorneys, so as to provide that the district attorney in each judicial circuit shall appoint one assistant district attorney who shall prosecute as directed by the district attorney only cases involving violations of Article 2 of Chapter 13 of Title 16, known as the "Georgia Controlled Substances Act"; to provide that such assistant district attorney shall be subject to the classification, compensation, benefits, policies, and personnel related provisions of law applicable to other assistant district attorneys; to provide that each person employed as an assistant district attorney under this Act 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; to change the provisions relating to the duties, powers, and responsibilities of personnel employed by the district attorney; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to prosecuting attorneys, is amended by striking in its entirety subsection (b) of Code Section 15-18-14, relating to the appointment, qualifications, and compensation of assistant district attorneys, and inserting in lieu thereof a new subsection (b) to read as follows: "(b)(l) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint: 544 JOURNAL OF THE SENATE One attorney for each superior court 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:; and f2XB) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' 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.' 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 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 compensation 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 provisions of that judicial circuit. (2) Subject to the provisions of this Code section, the district attorney in each judicial circuit shall appoint one assistant district attorney who shall prosecute as directed by the district attorney only cases involving violations of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' Such assistant district attorney shall be subject to the classification, compensation, benefits, policies, and personnel related provisions of subsections (c) through (i) of this Code section and Code Section 15-18-19. Each person employed as an assistant district attorney under this paragraph 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." SECTION 2. Said article is further amended by striking in its entirety subsection (b) of Code Section 15-18-19, relating to state paid personnel employed by the district attorney and the powers, policies, and salaries related to such personnel, and inserting in lieu thereof a new subsection (b) to read as follows: "(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:, provided that any assistant district attorney appointed pursuant to paragraph (2) of subsection (b) of Code Section 15-18-14 shall prosecute as directed by the district attorney only cases involving violations of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.'" 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. MONDAY, FEBRUARY 16, 1998 545 The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Price,R Y Balfour Y Guhl Y Price,T Y Blitch Y Harbison Y Ragan Y Boshears Y Henson Y Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Y Brown, 26th Y Huggins Y Scott Y Brush Y James Y Starr Y Burton Y Johnson,D Y Stokes Y Cagle Y Johnson.E Y Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Thomas,N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Walker Y Gochenour Y Perdue On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The President introduced "gospel singer, Hovie Lister". The President and Senator Thompson of the 33rd introduced Harry Chapman, commended by SR 615, adopted previously, who addressed the Senate briefly. The Calendar was resumed. SB 541. By Senators Ralston of the 51st and Oliver of the 42nd: A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals in probate courts, so as to provide that probate courts shall have concurrent jurisdiction with superior courts over trust issues arising in probate court cases provided that no equitable issues or remedies are involved; to provide for related matters; to provide for an effective date and applicability. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl 546 JOURNAL OF THE SENATE Y Harbison Y Madden Y Henson Y Marable Y Hill Y Middleton Y Hooks Oliver Y Huggins Perdue Y James Y Price,R Y Johnson.D Y Price.T Y Johnson,E Y Ragan Y Kemp Y Ralston Y Lamutt Y Ray Y Land Y Roberts Y Langford Y Scott On the passage of the bill, the yeas were 52, nays 0. Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Thomas.D Y Thomas,N Y Thompson Y Turner Y Tysinger Walker The bill, having received the requisite constitutional majority, was passed. SB 485. By Senators Gillis of the 20th, Huggins of the 53rd, Bowen of the 13th and others: A bill to amend Code Section 45-18-5 of the Official Code of Georgia Annotated, relating to the county officers' and employees' health plans, so as to amend certain provisions relating to election of plans; to provide for related matters; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Abernathy Y Griffin Y Balfour Y Guhl Y Blitch Y Harbison Y Boshears Henson Y Bowen Y Hill Y Broun, 46th Y Hooks Y Brown, 26th Y Huggins Y Brush Y James Y Burton Y Johnson,D Y Cagle Y Johnson,E Y Cheeks Y Kemp Y Clay Y Lamutt Y Crotts Y Land Y Dean Y Langford Y Egan Y Madden Y Fort Y Marable Y Gillis Y Middleton Y Glanton Y Oliver Y Gochenour Y Perdue On the passage of the bill, the yeas were 55, nays 0. Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker The bill, having received the requisite constitutional majority, was passed. SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and Price of the 28th: MONDAY, FEBRUARY 16, 1998 547 A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit. The Senate State and Local Governmental Operations Committee offered the following amendment: Amend SB 573 by striking on lines 12 and 13 of page 2 the words "or nonconforming". 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: Y Abernathy Y Griffin Y Price,R Y Balfour Y Guhl Y Price,T N Blitch Y Harbison Y Ragan Y Boshears Y Henson Y Ralston Y Bowen Y Hill Y Ray Y Broun, 46th Y Hooks Y Roberts Y Brown, 26th Y Huggins Y Scott Y Brush Y James Y Starr Y Burton Y Johnson.D Y Stokes Y Cagle Y Johnson,E Y Streat Y Cheeks Y Kemp Y Tanksley Y Clay Y Lamutt Y Taylor Y Crotts Y Land Y Thomas,D Y Dean Y Langford Y Thomas,N Y Egan Y Madden Y Thompson Y Fort Y Marable Y Turner Y Gillis Y Middleton Y Tysinger Y Glanton Y Oliver Y Walker Y Gochenour Y Perdue On the passage on the bill, the yeas were 55, nays 1. The bill, having received the requisite constitutional majority, was passed as amended. SB 572. By Senators Madden of the 47th, Perdue of the 18th, Boshears of the 6th and Scott of the 36th: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for legislative findings and intent; to define certain terms; to require revision of the plan for implementing a state-wide emergency telephone number "911" system. The Senate Committee on Finance and Public Utilities offered the following substitute to SB 572: A BILL To be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Ser- 548 JOURNAL OF THE SENATE vice Act of 1977," so as to provide for legislative findings and intent; to define certain terms; to provide for the development of guidelines, by the Department of Administrative Services, for implementing a state-wide emergency telephone number "911" system; to require a certain confirmation prior to the expansion of an emergency telephone number "911" system to provide wireless enhanced "911" service; to authorize the governing authority of a local government to impose a monthly wireless enhanced "911" charge, subject to certain conditions; to provide for billing and collection of the wireless enhanced "911" charge; to provide for the accounting and use of funds generated through a wireless enhanced "911" charge; to provide for a Joint Study Committee on Wireless Enhanced "911" Charges; to change certain references to the Telecommunications Division of the Department of Administrative Services to the Department of Administrative Services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," is amended in Code Section 46-5-121, relating to legislative intent, by designating the existing text as subsection (a) and adding at the end thereof the following: "(b) The General Assembly further finds and declares that the benefits of'911' service should be widely available, regardless of whether a '911' call is placed from a traditional landline telephone or from a wireless telephone. It is also in the public interest that users of wireless telephones should bear some of the cost of providing this lifesaving service, as users of landline telephones currently do. It is the intent of the General Assembly to bring wireless telephone service within the scope of this part and to establish a means by which local public safety agencies may provide enhanced '911' service to wireless telephone users." SECTION 2. Said part is further amended in Code Section 46-5-122, relating to definitions, by striking in their entirety paragraphs (2), (3), (9), and (10) and inserting in lieu thereof new paragraphs (2), (3), and (9) through (14) to read as follows: "(2) 'Division' 'Department* means the TelocummuiiicaUims Division of the Department of Administrative Services. (3) 'Emergency "911" system' means a local telephone exchange telephone service or wireless service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point by dialing the telephone number '911' and under which calls to '911' are answered by public safety answering points established and operated by the local government subscribing to the '911' service. The term 'emergency "911" system' also includes 'enhanced "911" service,' which means an emergency telephone system that provides the caller with emergency '911' system service and, in addition, directs '911' calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features." "(9) 'Service supplier' means a person or entity who provides local exchange telephone service or wireless service to a telephone subscriber. MONDAY, FEBRUARY 16, 1998 549 (10) 'Telephone subscriber' means a person or entity to whom local exchange telephone service or wireless service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription. When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate connection. (11) "Wireless enhanced "911" charge' means a contribution to the local government for the following: (A) The costs to the local government of implementing or upgrading, and maintaining, an emergency '911' system which is capable of receiving and utilizing the following information, as it relates to '911' calls made from a wireless telecommunications connection: automatic number identification, the location of the base station or cell site which receives the '911' call, and the location of the wireless telecommunications connection; (B) Nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier to provide the information described in subparagraph (A) of this paragraph; and (C) Other costs which may be paid with money from the Emergency Telephone System Fund, pursuant to subsection (e) of Code Section 46-5-134. (12) 'Wireless service' means 'commercial mobile service' as defined under Section 332(D) of the federal Telecommunications Act of 1996 (47 U.S.C. Section 157 et seq.), regulations of the Federal Communications Commission, and the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching capability and offer seamless handoff to customers. The term does not include one-way signaling service, data transmission service, nonlocal radio access line service, or a private telecommunications service. (13) "Wireless service supplier' means a provider of wireless service. (14) 'Wireless telecommunications connection' means any mobile station for wireless service which is assigned a number containing an area code assigned to Georgia by the North American Numbering Plan Administrator that connects a provider of wireless service to a provider of local exchange telephone service." SECTION 3. Said part is further amended by striking in its entirety Code Section 46-5-123, relating to the Emergency Telephone Number Committee, and inserting in lieu thereof a new Code Section 46-5-123, to read as follows: "46-5-123. (a) For the purposes of the development and implementation of a plan for the statewide emergency telephone number '911' system, there is created the Emergency Telephone Number Committee to be composed of the diieclm of the Teleuminmiiicatkms Divihiuu uf Hie Depailmunt uf AdmhiibUdUve Seivices commissioner of administrative services, or his or her designee, who shall serve as uhaiimaii chairperson; the commissioner of community affairs or his or her designee; and ten other members appointed by the Governor, as follows: (1) Three members appointed from nominees of the Georgia Municipal Association; 550 JOURNAL OF THE SENATE (2) Three members appointed from nominees of the Association County Commissioners of Georgia; and (3) Four members who are experienced in emergency telephone systems. (b) When appointments are made, the associations making nominations pursuant to this Code section shall submit at least three times as many nominees as positions to be filled at that time by nominees of the association. (c) The appointed members of the committee shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointment." SECTION 4. Said part is further amended by striking in its entirety Code Section 46-5-124, relating to a plan for implementing a state-wide emergency telephone number "911" system, and inserting in lieu thereof a new Code Section 46-5-124 to read as follows: "46-5-124. (a) The division department shall develop a plan guidelines for implementing a statewide emergency telephone number '911' system. The plan guidelines shall provide for: \ L) Mile 1*6VieW iiiiu. diifctlySiri ut pi'O^i'cSS iiltiiiiLiiiiitJU. uy )UDllC cl^t;1101tic 111 CltiV&iOJilll^ clLlOli I'tii^lllI'tillitiliLfci SiS r^C[Ull16Q IO11 Lllti i? 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(2X1) Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a '911' system that will incorporate the requirements of each public service agency in each local government of Georgia; (9X2) Identification of mutual aid agreements necessary to effect the '911' system, including coordination on behalf of the State of Georgia with any federal agency to secure financial assistance or other desirable activities in connection with the receipt of funding that may be provided to communities for the planning, development, or implementation of the '911' system; (4X3) The coordination necessary between local governments planning or developing a '911' system and other state agencies, the Public Service Commission, all affected utility and telephone companies, wireless service suppliers, and other agencies; and {(j) A in in iiii^jlt^iiiditciLiuii bdicilult; wlnuli will aCiAiuiit lui Llic ^IL ugi CBS uuliicvcil 111 cd^li ^juliLi^ctl is uuui v loiO 11 eiilu WlliCli Ciiiii Do I'G^JIUUUUCU 111 cm tiiiiucxl i c^jui t 01 ^jnj~ glCBD, allU (6X4) The establishment uf actions to establish emergency telephone communications necessary to meet the requirements for each local government, including law enforcement, fire-fighting, medical, suicide prevention, rescue, or other emergency services. (b) The division department shall be responsible for encouraging and promoting the planning, development, and implementation of each local '911' system plan plans. The department shall develop any necessary procedures to be followed by The division till