Journal of the Senate of the State of Georgia regular session 1998 volume two, commenced at Atlanta, Georgia, Monday, January 12, 1998 and adjourned Thursday, March 19, 1998

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 TWO
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 SECRETAEY 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

1380

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Friday, March 13, 1998
Thirty-seventh 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 and Senate:
HB 1629. By Representative Orrock of the 56th:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the criteria for designation of enterprise zones and adding land to such zones; to change the provisions relating to the amount and duration of tax exemptions and property eligible for such exemptions.
HB 1684. By Representative Westmoreland of the 104th:
A bill to amend an Act creating a new charter for the Town of Tyrone, so as to change the provisions relating to the powers and duties of the mayor and council.
HB 1710. By Representatives Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st and others:
A bill to amend an Act creating one or more community improvement districts in unincorporated Fulton County, so as to provide for the creation of community improvement districts in the municipalities within Fulton County.
HB 1867. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Gwinnett County, so as to change the provisions regarding the compensation of the judge.
HB 1868. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Gwinnett County, so as to change certain provisions regarding the compensation of the chief magistrate.
HB 1869. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the provisions relating to the compensation of the

FRIDAY, MARCH 13, 1998

1381

sheriff, the clerk of the superior court, the judge of the probate court, and the tax commissioner.
HB 1870. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the provisions regarding the compensation of the judges and the solicitor of the state court.
HB 1871. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the provisions regarding the compensation of the judges, clerk, and solicitor.
HB 1875. By Representatives Sauder of the 29th, Manning of the 32nd, Bradford of the 30th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
HB 1876. By Representative Crawford of the 129th:
A bill to create the Upson County Water and Sewerage Authority.
HB 1877. By Representatives Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.
HB 1882. By Representative Hugley of the 133rd:
A bill to provide a new charter for the City of Geneva.
HB 1883. By Representatives Shipp of the 38th, Sauder of the 29th, Manning of the 32nd and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.
HB 1884. By Representative Tillman of the 173rd: A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairperson and members of said board.
HB 1887. By Representatives Richardson of the 26th and Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to change certain provisions relating to the dismissal of the city attorney, assistant city attorney, city clerk, police chief, and judges.
HB 1889. By Representative Lord of the 121st:

1382

JOURNAL OF THE SENATE

A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the solicitor-general of such court on and after a certain date.
HB 1890. By Representative Lord of the 121st:
A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the judge of such court on and after a certain date.
HB 1891. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Bremen so as to change the provisions relating to the municipal court of said city.
HB 1892. 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 further annexation and related matters.
HB 1901. By Representative Jamieson of the 22nd:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.
SB 672. By Senator Griffin of the 25th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Morgan 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 683. By Senators Starr of the 44th and Glanton of the 34th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of Clayton County, as amended, so as to provide for qualifications for the chief magistrate and magistrates and the terms thereof.
SB 701. By Senators Thompson of the 33rd, Lamutt of the 21st and Clay of the 37th:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the date upon which the commission will be abolished.
SB 702. By Senators Glanton of the 34th and Roberts of the 30th:
A bill to provide that the tax commissioner of Douglas County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Douglas County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act.
SB 703. By Senator Price of the 28th:
A bill to create the Spalding County Collaborative Authority for Families and Children; to provide for the manner of appointment of members; to provide for terms, duties, and powers; to provide for all related matters; to provide for an annual report; to provide an effective date.

FRIDAY, MARCH 13, 1998

1383

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.
SB 513. By Senators Walker of the 22nd, Harbison of the 15th, Dean of the 31st and others:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide for the "Personal Financial Security Act"; to define the criminal offense of financial identity fraud; to provide for penalties; to authorize the Attorney General to prosecute cases of financial identity fraud.
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 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.
SB 535. By Senators Hill of the 4th, Starr of the 44th, Brown of the 26th and others:
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.
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.

1384

JOURNAL OF THE SENATE

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.
SB 249. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to change certain provisions relating to duties of persons removing or storing motor vehicles; to change certain provisions relating to creation of liens; to change certain provisions relating to lien foreclosure procedure.
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".
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 House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 337. By Senators Thompson of the 33rd, Streat of the 19th, Langford of the 29th and others:
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.
SB 594. By Senators Middleton of the 50th, Perdue of the 18th, Walker of the 22nd and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for legislative findings and intent; to create a new article to be known as the "Essential Rural Health Care Provider Access Act"; to provide for definitions.
SB 486. By Senators Gillis of the 20th, Huggins of the 53rd, Egan of the 40th and others:

FRIDAY, MARCH 13, 1998

1385

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.
SB 572. By Senators Madden of the 47th, Perdue of the 18th, Boshears of the 6th and others:
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.
SB 166. By Senator Langford of the 29th:
A bill to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to authorize the board of trustees of the Self-insurers Guaranty Trust Fund to levy penalties and fines against self-insured employers; to provide for individual immunity for the administrator and staff of the fund.
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.
The House has adopted by the requisite constitutional majority the following resolutions of the Senate:
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".
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.
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).

1386

JOURNAL OF THE SENATE

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".
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.
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 House has adopted, by substitute, by the requisite constitutional majority the following resolutions of the Senate:
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.
SR 493. By Senator Griffin of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia.
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.
SR 529. By Senators Starr of the 44th, Thomas of the 10th, Taylor of the 12th and others:
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.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1811. By Representatives Bordeaux of the 151st, Thomas of the 148th, Mueller of the 152nd and others:
A bill to amend an Act creating the Chatham-Savannah Authority for the Homeless, so as to change the provisions relating to the membership, terms, appointment, and purposes of the authority.
The House has adopted the report of the Committee of Conference on the following bill of the House:
HB 71. By Representatives Murphy of the 18th and Shanahan of the 10th:

FRIDAY, MARCH 13, 1998

1387

A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit certain unsolicited telephone calls to residential subscribers who have given notice of their objection to such calls to the Georgia Public Service Commission.
The following resolutions were introduced, read the first time and referred to committee:
SR 758. By Senators Gillis of the 20th, Crotts of the 17th, Guhl of the 45th and Bowen of the 13th:
A resolution providing additional legislative intent with respect to the disposition and expenditure of funds collected as the Scrap Tire Management Fee and appropriated to the Solid Waste Trust Fund.
Referred to Committee on Rules.
SR 766. By Senators Langford of the 29th, Taylor of the 12th, Roberts of the 30th and others:
A resolution urging the Georgia congressional delegation and the United States Congress to reject any legislation that would exempt health plans sponsored by associations and multiple employer welfare arrangements from state insurance standards and oversight.
Referred to Committee on Rules.
The following bills were read the first time and referred to committee:
HB 1629. By Representative Orrock of the 56th:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the criteria for designation of enterprise zones and adding land to such zones; to change the provisions relating to the amount and duration of tax exemptions and property eligible for such exemptions.
Referred to Committee on State and Local Governmental Operations.
HB 1684. By Representative Westmoreland of the 104th:
A bill to amend an Act creating a new charter for the Town of Tyrone, so as to change the provisions relating to the powers and duties of the mayor and council.
Referred to Committee on State and Local Governmental Operations.
HB 1710. By Representatives Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st and Felton of the 43rd:
A bill to amend an Act creating one or more community improvement districts in unincorporated Fulton County, so as to provide for the creation of community improvement districts in the municipalities within Fulton County.
Referred to Committee on State and Local Governmental Operations.
HB 1867. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Gwinnett County, so as to change the provisions regarding the compensation of the judge.

1388

JOURNAL OF THE SENATE

Referred to Committee on State and Local Governmental Operations.
HB 1868. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Gwinnett County, so as to change certain provisions regarding the compensation of the chief magistrate.
Referred to Committee on State and Local Governmental Operations.
HB 1869. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act placing certain officers of Gwinnett County on an annual salary, so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, the judge of the probate court, and the tax commissioner. Referred to Committee on State and Local Governmental Operations.
HB 1870. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the provisions regarding the compensation of the judges and the solicitor of the state court. Referred to Committee on State and Local Governmental Operations.
HB 1871. By Representatives Bannister of the 77th, Johnston of the 81st, Massey of the 86th and others:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, so as to change the provisions regarding the compensation of the judges, clerk, and solicitor.
Referred to Committee on State and Local Governmental Operations.
HB 1875. By Representatives Sauder of the 29th, Manning of the 32nd, Bradford of the 30th, Parsons of the 40th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to Committee on State and Local Governmental Operations.
HB 1876. By Representative Crawford of the 129th:
A bill to create the Upson County Water and Sewerage Authority.
Referred to Committee on State and Local Governmental Operations.
HB 1877. By Representatives Bradford of the 30th, Sauder of the 29th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court. Referred to Committee on State and Local Governmental Operations.

FRIDAY, MARCH 13, 1998

1389

HB 1882. By Representative Hugley of the 133rd: A bill to provide a new charter for the City of Geneva.
Referred to Committee on State and Local Governmental Operations.
HB 1883. By Representatives Shipp of the 38th, Sauder of the 29th, Manning of the 32nd and others: A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.
Referred to Committee on State and Local Governmental Operations.
HB 1884. By Representative Tillman of the 173rd: A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairperson and members of said board.
Referred to Committee on State and Local Governmental Operations.
HB 1887. By Representatives Richardson of the 26th and Murphy of the 18th: A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to change certain provisions relating to the dismissal of the city attorney, assistant city attorney, city clerk, police chief, and judges.
Referred to Committee on State and Local Governmental Operations.
HB 1889. By Representative Lord of the 121st: A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the solicitor-general of such court on and after a certain date.
Referred to Committee on State and Local Governmental Operations.
HB 1890. By Representative Lord of the 121st: A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the judge of such court on and after a certain date.
Referred to Committee on State and Local Governmental Operations.
HB 1891. By Representative Murphy of the 18th: A bill to amend an Act creating a new charter for the City of Bremen so as to change the provisions relating to the municipal court of said city.
Referred to Committee on State and Local Governmental Operations.
HB 1892. 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 further annexation and related matters.
Referred to Committee on State and Local Governmental Operations.
HB 1901. By Representative Jamieson of the 22nd: A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.
Referred to Committee on State and Local Governmental Operations.

1390

JOURNAL OF THE SENATE

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

HB 1551. Do pass as amended.

HR 1187. Do pass.

Respectfully submitted,

Mr. President:

Senator Starr of the 44th District, Chairman

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

HB 1556. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1169. Do pass. HB 1542. Do pass. HB 1639. Do pass by substitute.

HB 1730. Do pass by substitute. HB 1717. Do pass. HB 1585. Do pass by substitute.

Respectfully submitted,

Mr. President:

Senator Oliver of the 42nd District, Chairman

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

HB 1450. Do pass. HR 742. Do pass.

SR 46. 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 House and has instructed me to report the same back to the Senate with the following recommendations:

FRIDAY, MARCH 13, 1998

1391

HB 766. Do pass by substitute. HB 1728. Do pass. HB 1754. Do pass. HB 1796. Do pass. HB 1833. Do pass. HB 1836. Do pass. HB 1841. Do pass. HB 1843. Do pass. HB 1844. Do pass. HB 1845. Do pass. HB 1846. Do pass.

HB 1847. Do pass. HB 1849. Do pass. HB 1850. Do pass. HB 1851. Do pass. HB 1859. Do pass. HB 1861. Do pass. HB 932. Do pass as amended. HB 1413. Do pass by substitute. HB 1423. Do pass. HB 1225. Do pass. HB 1557. Do pass.

Respectfully submitted,

Mr. President:

Senator Thomas of the 10th District, Chairman

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

HB 1470. Do pass by substitute. HR 931. Do pass.

HR 1092. Do pass. HR 1095. Do pass.

Respectfully submitted,

Senator Cheeks of the 23rd District, Vice Chairman

The following communication was received by the Secretary:

March 12, 1998

TO: Frank Eldridge

FROM: Senator Steve Thompson, 33rd

RE: Transportation Committee Meeting

This is to authorize Senator Don Cheeks to Chair the meeting of the Senate Transportation Committee to be held at 2:00 P.M. on March 12, 1998 during my absence.

/s/ Senator Steve Thompson, 33rd

The following bills and resolutions were read the second time:

HB 932 HB 1470 HB 1639 HR 1095

HB 1169 HB 1542 HB 1717 HR 1187

HB 1225 HB 1551 HB 1730

HB 1413 HB 1556 HR 742

HB 1423 HB 1557 HR 931

HB 1450 HB 1585 HR 1092

Senator Roberts of the 30th 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 Roberts of the 30th moved that Senator Clay of the 37th be excused. On the motion, the yeas were 34, nays 1; the motion prevailed, and Senator Clay was excused.
Senator Hooks of the 14th moved that Senator Taylor of the 12th be excused. On the motion, the yeas were 35, nays 1; the motion prevailed, and Senator Taylor was excused.
Senator Land of the 16th moved that Senator Ray of the 48th be excused. On the motion, the yeas were 35, nays 1; the motion prevailed, and Senator Ray was excused.

1392

JOURNAL OF THE SENATE

Senator Starr of the 44th moved that Senator Henson of the 55th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Henson was excused.
Senator Balfour of the 9th moved that Senator Boshears of the 6th be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Boshears was excused.
Senator Price of the 56th moved that Senator Blitch of the 7th be excused. On the motion, the yeas were 34, nays 1; the motion prevailed, and Senator Blitch was excused.
Senator Burton of the 5th moved that Senator Hill of the 4th be excused. On the motion, the yeas were 35, nays 1; the motion prevailed, and Senator Hill was excused.
Senator Fort of the 39th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 34, nays 1; the motion prevailed, and Senator Stokes was excused.
Senator James of the 35th moved that Senator Thomas of the 10th be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Thomas was excused.

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

Balfour

Griffin

Bowen

Guhl

Broun, 46th

Harbison

Brown, 26th

Hooks

Brush

Huggins

Burton

James

Cheeks

Johnson.D

Crotts

Johnson,E

Dean

Kemp

Egan

Lamutt

Fort

Land

Gillis

Langford

Glanton

Madden

Gochenour

Marable

Those not answering were:

Middleton Perdue Price.R Price,T Ragan Roberts Scott Starr Tanksley Thomas,D Thompson Turner Tysinger

Abernathy

Henson (excused)

Stokes (excused)

Blitch (excused)

Hill (excused)

Streat

Boshears (excused)

Oliver

Taylor (excused)

Cagle

Ralston (excused)

Thomas,N (excused)

Clay (excused)

Ray (excused)

Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United

States of America.

Senator Lamutt of the 21st introduced the chaplain of the day, Reverend Bryant Wright, pastor of Johnson Ferry Baptist Church, Marietta, Georgia, who offered scripture reading and prayer.

The following resolutions were read and adopted:

SR 763. By Senators Marable of the 52nd and Dean of the 31st:
A resolution recognizing Coosa Middle School in developing a Classroom in the Wild center.

FRIDAY, MARCH 13, 1998

1393

SR 765. By Senators Abernathy of the 38th and Stokes of the 43rd: A resolution recognizing and commending Malika Abdur Rahman.

SR 767. By Senator Ragan of the llth: A resolution honoring the memory of Bruce B. Baker.

SR 768. By Senator Ragan of the llth: A resolution commending Teresa Edwards.

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
Friday, March 13, 1998 THIRTY-SEVENTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1760 Roberts, 30th CARROLL COUNTY

A bill to create the Carroll County Family Connection Authority. (AMENDMENT)

HB 766

Walker, 22nd Cheeks, 23rd RICHMOND COUNTY

A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.(SUBSTITUTE)

HB 1728

Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY

A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk and the executive secretary of the tax commissioner.

HB 1754

Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY

1394

JOURNAL OF THE SENATE

HB 1796
HB 1833 HB 1836 HB 1841 HB 1843 HB 1844 HB 1845

A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of senior district attorneys, assistant district attorneys, and the chief assistant district attorney.
Taylor, 12th WEBSTER COUNTY
A bill to amend an Act reconstituting the Board of Education of Webster County and providing for its powers, duties, rights, obligations, and liabilities and subjecting it to certain constitutional and statutory provisions, so as to change the composition of education districts from which members of the board of education are elected.
Middleton, 50th LUMPKIN COUNTY
A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Lumpkin County.
Huggins, 53rd CHATTOOGA COUNTY
A bill to provide a $40,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Chattooga County School District for residents of that district who are 70 years of age or older and whose gross income does not exceed $20,000.00.
Cagle, 49th Middleton, 50th HALL COUNTY
A bill to amend an Act providing for a supplement to the salary of the district attorney of the Northeastern Judicial Circuit, so as to increase the supplement to the district attorney's salary.
Hooks, 14th LEE COUNTY
A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Lee County in nonpartisan primaries and elections.
Hooks, 14th LEE COUNTY
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lee County.
Hooks, 14th LEE COUNTY

FRIDAY, MARCH 13, 1998

1395

HB 1846 HB 1847 HB 1849
HB 1850 HB 1851 HB 1859 HB 1861

A bill to authorize the Magistrate Court of Lee County to charge a law library fee, so as to provide that funds shall be used for the maintenance of the Lee County law library.
Hooks, 14th LEE COUNTY
A bill to amend an Act creating a board of commissioners for Macon County, so as to provide for education districts.
Hooks, 14th LEE COUNTY
A bill to amend an Act entitled "An Act to create the Lee County Utilities Authority," so as to change the compensation of the members of such authority.
Perdue, 18th Brown, 26th Gochenour, 27th CITY OF MACON BIBB COUNTY
A bill to repeal a local amendment to the Georgia Constitution which created a joint Board of Health for the City of Macon and Bibb County; to provide that the effectiveness of such repeal shall be contingent upon a referendum as required by law.
Roberts, 30th Dean, 31st CITY OF BREMEN COUNTY OF HARALSON
A bill to change provisions relating to the membership of the Hospital Authority of the City of Bremen and County of Haralson.
Dean, 31st TOWN OF WACO
A bill to amend an Act incorporating the Town of Waco, so as to change the corporate limits of the Town of Waco by annexing certain territory to the town.
Bowen, 13th CITY OF POULAN
A bill to provide a new charter for the City of Poulan.
Gochenour, 27th MONROE COUNTY
A bill to amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," so as to change the compensation of the coroner.

1396

JOURNAL OF THE SENATE

The amendment to the following bill was put upon its adoption: * HB 1760:

Senator Roberts of the 30th offered the following amendment:
Amend HB 1760 by striking "welfare" and inserting in its place "advocacy groups" on line 18 of page 1
On the adoption of the amendment, the yeas were 52, nays 0, and the Roberts amendment was adopted.
The substitute to the following bill was put upon its adoption:
* HB 766:
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 766:

A BILL

To be entitled an Act to amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved April 9, 1996 (Ga. L. 1996, p. 4405), so as to change the compensation of certain officials; to provide for the payment of such compensation; to provide for related matters; to repeal certain provisions relating to the board of commissioners; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved April 9, 1996 (Ga. L. 1996, p. 4405), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows:

"SECTION 1.

(a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows:

(1) Clerk of superior court and state court

$ 75,000.00

(2) Judge of the probate court

75,000.00

(3) Tax commissioner

75,000.00

(4)(A) Judge of the state court

90,000.00

(B) Chief judge of the state court

98,000.00

(5) Solicitor of the state court

90,000.00

(6) Coroner

75,000.00

(7) Judge of the civil court

75,000.00

(8) Associate judge of the civil court

75,000.00

(9) District attorney

20,024.00

(10) Judge of the superior court

22,024.00

(11) Sheriff

90,000.00

FRIDAY, MARCH 13, 1998

1397

(b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments.

(c)(l) Except as otherwise provided in this subsection, the compensation provided for in subsection (a) of this section shall be the sole compensation for the officials duties from any source including, without limitation, any travel or expense allowance. Except as provided in this subsection, no such official shall receive a cost of living or longevity increase in compensation.

(2) The supplement for judges of the superior court provided for in subsection (a) of this section shall not be affected by any increase in such judges salary paid from funds appropriated by the General Assembly or by any increase in the supplement provided for by any other county in the Augusta Judicial Circuit.

(3) In addition to the compensation provided for in subsection (a) of this section, the coroner, the district attorney, and the sheriff shall receive the same mileage allowance for travel by personal vehicle as provided by law for members of the General Assembly.

(4) The compensation provided for in subsection (a) of this section for the chief judge, judge, and solicitor of the state court shall be reduced by an amount equal to any county supplement allowed; provided, however, that no such official shall receive in total less than the amount so provided."

SECTION 2.

This Act shall become effective on January 1, 1999.

SECTION 3.

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

On the adoption of the substitute, the yeas were 52, 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
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 Y Perdue Y Price,R Y Price,T Y Ragan Y Ralston EX Ray Y Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D EX Thomas,N Y Thompson

1398

JOURNAL OF THE SENATE

Y Turner

Y Tysinger

Y Walker

On the passage of the local bills, the yeas were 52, nays 0.

The bills on the Local Consent Calendar, except HB 766 and HB 1760, having received the requisite constitutional majority, were passed.

HB 766, having received the requisite constitutional majority, was passed by substitute.

HB 1760, having received the requisite constitutional majority, was passed as amended.

SENATE RULES CALENDAR
Friday, March 13, 1998 THIRTY-SEVENTH LEGISLATIVE DAY

HB 1582

Rental vehicles; excise taxes; reporting cash and credit charges (F&PU36th) Stanley-50th

HB 1250 General appropriations; FY 1998-99 (Substitute)(Approp-14th) Murphy-18th

HR 812 ~ Dewey D. Rush Highway; designate (Trans-23rd) Barnard-154th

HB 274

Psychologists; certain actions; immunity from liability (Substitute)(H&HS-22nd) Childers-13th

HB 1464 Homestead exemptions; riling deadline; designate June 1 (F&PU-31st) Channell-lllth

HB 1273 Public schools; retirees; insurance coverage (Ed-4th) Coleman-80th

HB 884 Education loans; failure to pay; deny certain occupational licenses (SubstituteXH Ed-25th) Hugley-133rd

HB 1578

Motor vehicles; gasoline purchase; penalties for nonpayment (Judy42nd) Perry-llth

HB 1103 Employees' Retirement; certain full-time temporary service; creditable service (Ret-53rd) Cummings-27th

HR 1034 ~ William Jackson "Moogie" Lee Highway; designate (Trans-7th) Shaw-176th

HB 1642

Judges; certain prior service; appointment as senior judge (Substitutes)(Judy-42nd) Barnes-33rd

HB 396 Boxing; promoters and certain telecasts; licensure and regulation (C Aff-55th) Powell-23rd

HB 353 Charter Schools Act of 1997; enact (Substitute)(Ed-16th) Ashe-46th

HB 1660 Sales tax; certain bad credit card debt; allow deduction (F&PU-18th) Buck-135th

FRIDAY, MARCH 13, 1998

1399

HB 1163 Waste-water treatment facilities; privatization; provisions (AmendmentXNat R-16th) Walker-Ulst

HB 1126 Golf Hall of Fame Authority; create (Substitute)(EDT&CA-46th) Connell-115th

HB 1641 Torts; chiropractors; certain voluntary services (Substitute) (H&HS33rd) Barnes-33rd

HB 1086

Osteoporosis; Bone Mass Measurement Coverage Act; enact (H&HS2nd) Henson-65th

HB 1393 Watercraft; boating under the influence; child endangerment (SubstituteXNat R-49th) Channell-lllth

HB 1378

Motor vehicle; implied consent; legal sufficiency of notice (Judy-42nd) Ehrhart-36th

HB 1420 Telemarketing; advance payments; prohibitions (Substitute) (C Aff55th) Polak-67th

HB 1486 Local governments; toll roads and bridges; provisions (Trans-22nd) Burkhalter-41st

HB 1441 Municipal courts; misdemeanor jurisdiction; repeal certain provisions (SubstituteXS Judy-46th) Hudgens-24th

SR 596

Senate Study Committee on Vocational Student Organizations-create (AmendmentXRules-11th)

SR 632

Senate Study Committee on Public Education Disciplinary Reform- create (Rules-39th)

HB 1327 Workers' compensation; amend provisions (Substitute)(I&L-29th) Smith-109th

HB 1731

Cobb Judicial Circuit; superior court judges; compensation (Judy-37th) Ehrhart-36th

HB 1540 Zoning; development rights; provide for transfer (Substitute) (SLGO-G51st) Stancil-16th

HB 1240 Motor vehicle insurance; provide certain recovery; setoffs (Judy-16th) Bordeaux-151st

HB 1430

Special license plates; transfer; amend provisions (Substitute) (Trans48th) Powell-23rd

HB 409

QBE; authorized curriculum; include driver's education (SubstituteXEd42nd) Porter-143rd

Respectfully submitted, Isl Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:

1400

JOURNAL OF THE SENATE

HB 1582. By Representatives Stanley of the 50th, Buck of the 135th, Stanley of the 49th and others:
A bill to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to provide for reporting cash and credit rental charges; to provide for changing of basis of accounting; to provide for payment of tax at time of filing return under cash basis of accounting.
Senate Sponsor: Senator Scott of the 36th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Abernathy

Y Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

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 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 EX Thomas,N Y Thompson Y Turner Y Tysinger
Walker

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

Senator Brush of the 24th introduced Lula Hughes, commended by SR 689, adopted previously, who addressed the Senate briefly.

The following resolution was read and adopted;

SR 764. By Senators Abernathy of the 38th, Walker of the 22nd, Stokes of the 43rd and Harbison of the 15th:
A resolution honoring Walter P. Lomax, Jr., M.D.
Senator Abernathy of the 38th introduced Walter Lomax, commended by SR 764, who addressed the Senate briefly.
The following bill was taken up to consider House action thereto:

SB 594. By Senators Middleton of the 50th, Perdue of the 18th, Walker of the 22nd and Hill of the 4th:

FRIDAY, MARCH 13, 1998

1401

A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for legislative findings and intent; to create a new article to be known as the "Essential Rural Health Care Provider Access Act"; to provide for definitions.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative findings and intent; to create a new chapter to be known as the "Essential Rural Health Care Provider Access Act"; to provide for definitions; to provide for the designation of essential rural health care providers; to impose requirements for qualifications as essential rural health care providers; to provide that certain essential rural health care providers shall have the opportunity to become participating providers in health care plans; to provide for good faith negotiations between providers and health care insurers; to provide for physicians in such plans; to provide for certain exceptions for health maintenance organizations and for considerations regarding certain service areas; to provide for administration by the Commissioner of Insurance; to provide for conditions for denial, rejection, or termination of an essential rural health care provider as a participating provider and an opportunity to cure any deficiency; to provide for hearing, appeal, and confidentiality of information; 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 for changes in joint hospital authorities where a participating unit is a rural county having less than a specified population; to provide for powers of certain rural hospital authorities; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
It is the intent of the General Assembly to encourage the continued existence and availability of certain health care providers in rural areas of the state so as to promote and preserve the provision of primary care to the residents of such rural areas. The General Assembly finds that a severe shortage of health care providers currently exists in many rural areas, and those providers which do exist continue to do so under financial hardship. The General Assembly further finds that rural health care providers are being arbitrarily excluded from participating in certain health benefit plans and that, should such practice continue, these providers will be harmed and forced either to discontinue their services or relocate to urban areas thereby further exacerbating the shortage which already exists. The General Assembly therefore concludes that certain steps must be taken to promote the continued existence and expansion of rural health care providers in order to preserve the availability of primary health care services to Georgia's rural citizens.
SECTION 2.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding immediately following Chapter 20A thereof a new chapter to read as follows:

1402

JOURNAL OF THE SENATE

"CHAPTER 20B
33-20B-1.
This chapter shall be known and may be cited as the 'Essential Rural Health Care Provider Access Act.'
33-20B-2.
As used in this chapter, the term:
(1) 'Essential rural health care provider' means any hospital, federally qualified health center, or rural health clinic, as such terms are defined in this Code section, which is located in a rural area and which complies with the provisions of Code Section 33-20B-3.
(2) 'Federally qualified health center' means, for the purposes of this Code section, a facility which meets the definition of a federally qualified health center as described in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated and which is located in a rural area.
(3) 'Health benefit plan' or 'plan' means the health insurance policy or subscriber agreement between a covered person or policyholder and a health care insurer which defines the covered services and benefit levels available.
(4) 'Health care insurer' means an insurer, a fraternal benefit society, a health care plan, a nonprofit medical service corporation, a nonprofit hospital service corporation, a health care corporation, a health maintenance organization, or any other entity authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of health insurance by whatever name called under Title 33.
(5) 'Health care services' means services rendered or products sold by an essential rural health care provider within the scope of such provider's license or legal authorization.
(6) 'Hospital' means any building or facility licensed by the department as a hospital under this chapter which:
(A) Operates no more than 100 beds;
(B) Provides 24 hour emergency care as well as a range of health care services sufficient to support the practice of a primary care physician; and
(C) For at least one of the immediately preceding two fiscal years, derived at least 40 percent of its patient revenues from medicare, Medicaid, or any combination of medicare and Medicaid.
(7) 'Physician' for purpose of this section only means any person who is licensed to practice medicine by the Composite State Board of Medical Examiners pursuant to Chapter 34 of Title 43 who practices as a family physician, general internist, pediatrician, general practitioner, general surgeon, or obstetrician/gynecologist and who has medical staff privileges at a hospital as defined in paragraph (6) of this Code section.
(8) 'Rural area' means any county having a population of less than 35,000 according to the United States decennial census of 1990 or any future such census.
(9) 'Rural health clinic' means a facility which is located in a rural area and which meets the definition of a rural health clinic as described in Section 1395x(aa)(2) of Title 42 of the United States Code Annotated.

FRIDAY, MARCH 13, 1998

1403

33-20B-3.
(a) Any essential rural health care provider shall have the opportunity to become a participating provider of health care services in a health benefit plan if such provider meets all of the following conditions:
(1) Participates in the medicare and Medicaid programs;
(2) Adopts and complies with a policy for the provision of health care services to indigent and charity patients;
(3) Is licensed, where required under law, and qualified to render the services provided by the plan;
(4) Agrees to payment terms which are either:
(A) The same payment terms applicable to other similar participating providers in the plan; or
(B) Such payment terms as may be mutually agreed upon by such provider and a health care insurer; and
(5) Meets the reasonable and nondiscriminatory qualifications and standards established by the plan. Plan standards must comply with all applicable laws and regulations, but such qualifications and standards may not discriminate against essential rural health care providers on the basis of geographic proximity to other participating providers or corporate status.
(b) All essential rural health care providers within a defined service area who meet the conditions established in subsection (a) of this Code section shall be given the opportunity to apply to become a participating provider in a plan. Provisions within a health benefit plan applicable to providers in such plan shall be applied by the health care insurer in a uniform and consistent manner to similarly situated providers. In the event an essential rural health care provider requests the opportunity to become a participating provider in any health benefit plan, the health care insurer shall conduct reasonable and good faith negotiations with such essential rural health care provider to determine whether it meets the applicable qualifications and standards established by the plan in accordance with all applicable laws, rules, and regulations as promulgated the Commissioner of Insurance.
(c) Health benefit plans shall include sufficient and reasonable numbers of physicians located in rural areas.
(d) A health care insurer which is a health maintenance organization shall not be required to comply with this Code section within such health maintenance organization's service area if such area was approved by the commissioner of human resources or otherwise is deemed by the Commissioner of Insurance to have complied with the standards established by the commissioner of human resources. When reviewing a health maintenance organization's request to originate or expand an area of service into a rural area, the commissioner of human resources shall consider whether the health maintenance organization has demonstrated its willingness to grant reasonable consideration to essential rural health care providers in the negotiating and contracting process.
33-20B-4.
To deny, reject, or terminate an essential rural health care provider from serving as a participating provider in a health benefit plan, the health care insurer shall:

1404

JOURNAL OF THE SENATE

(1) Inform the essential rural health care provider in writing of the basis for such rejection or termination, including a reference to any specific qualification or standard established by the plan in accordance with all applicable laws and regulations which the provider failed to meet; and
(2) Where possible, afford the essential rural health care provider a reasonable opportunity to cure the deficiency which is the basis for such rejection or termination.
33-20B-5.
Any essential rural health care provider which is denied, rejected, or terminated from serving as a participating provider in a health benefit plan shall have the right of hearing and appeal before the Commissioner, or his or her designee, if that provider believes there has been a violation of this chapter and of judicial appeal as provided in Chapter 2 of Title 33. To the extent proprietary materials, trade secrets, rate data, or other materials not generally known to the public are presented at a hearing or an appeal, such information shall be admissible but shall be sealed by the Commissioner and held as confidential and shall not be subject to Article 4 of Chapter 18 of Title 50.
33-20B-6.
The administration of this chapter shall be through the Commissioner of Insurance."
SECTION 3.
Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by striking subsection (d) of Code Section 31-7-72, relating to the creation of hospital authorities, and inserting in its place the following:
"(d) Any two or more counties or any two or more municipalities or any county or municipality, or a combination of any county and any municipality, by a like resolution or ordinance of their respective governing bodies, may authorize the exercise of the powers provided for in this article by an authority. The membership of such authority affected by like resolutions of the respective governing bodies of any two or more of the governing bodies of the participating units shall be not less than five nor more than 15 members, the terms and distribution of members between the participating units to be provided for by the resolutions adopted by the governing bodies of the participating units. The resolutions of the governing bodies of participating units acting together for the creation of an authority may be amended by the governing bodies of the participating units from time to time. Where the governing bodies of participating units have acted together for the creation of an authority under this subsection and where at least one of those participating units is a county having a population of 35,000 or less according to the United States decennial census of 1990 or any future such census, the method of filling vacancies upon such authority may be changed only by local Act of the General Assembly and, when so changed, shall be governed by that local Act."
SECTION 4.
Said article is further amended by adding after Code Section 31-7-75.2 a new Code section to read as follows:
"31-7-75.3.
A hospital authority which owns or operates a hospital which is qualified to provide home health agency services under the exemption provided in paragraph (14.1) of subsection (a) of Code Section 31-6-47 shall be authorized to exercise such powers under this article."

FRIDAY, MARCH 13, 1998

1405

SECTION 5. This Act shall become effective upon approval of 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 Middleton of the 50th moved that the Senate agree to the House substitute to SB 594.
On the motion, 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

Blitch

Y Harbison

Y Ragan

Y Boshears

Henson

Y Ralston

Y Bowen

Y Hill

Y Ray

Broun, 46th

Y Hooks

Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

EX Stokes

Y Cagle

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

Langford

Y Thomas,N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Glanton

Oliver

Y Walker

Y Gochenour

Perdue

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 594.

Senator Price of the 56th introduced the doctor of the day, Dr. Lonnie Horowitz, of Atlanta, Georgia.

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

SB 526. By Senators Walker of the 22nd, Harbison of the 15th and Streat of the 19th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance generally, and to amend Code Section 33-30-23 of the Official Code of Georgia Annotated, relating to preferred provider plans, standards, payments or reimbursement for noncontracting providers of covered services under health benefit plans, and filing requirements for unlicensed entities, so as to provide a definition.
The House amendment was as follows:
Amend SB 526 as follows:
On page 2 line 3 strike in its entirety and insert in lieu thereof:
"insurer or similar entity. It shall not, however, include a policy of insurance designed, advertised and marketed to supplement basic health care coverage for hospital,

1406

JOURNAL OF THE SENATE

medical-surgical or major medical expenses so long as said supplemental insurance contract provides for payment directly to the insured."
Senator Walker of the 22nd moved that the Senate agree to the House amendment to SB 526.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Griffin

Y Price,R

Y Balfour

Y Guhl

Y Price,T

Blitch

Y Harbison

Y Ragan

Y Boshears

Henson

Y 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

EX Stokes

Y Cagle

Johnson,E

Streat

Y Cheeks

Y Kemp

Tanksley

Y Clay

Y Lamutt

Y Taylor

Y Crotts

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

Glanton

Y Oliver

Y Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to SB 526.

The following bill was taken up to consider House action:

SB 369. By Senator Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to senior judges and Senior Appellate Court Justices and Judges serving as judges of the appellate courts; to change the provisions relating to compensation, travel, per diem, and pay allowances.
Senator Ralston of the 51st moved that the Senate adhere to its disagreement to the House substitute to SB 369 and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Ralston of the 51st, Land of the 16th and Oliver of the 42nd.
The Calendar was resumed.

HB 1250. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999.
Senate Sponsor: Senator Hooks of the 14th. The Senate Committee on Appropriations offered the following substitute to H.B. 1250:

FRIDAY, MARCH 13, 1998

1407

A BILL
To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $11,849,775,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1999.
PARTI. LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts - Staff Per Diem, Fees and Contracts Elected Officials Photography Expense Reimbursement Account Total Funds Budgeted State Funds Budgeted Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total House Functional Budgets
House of Representatives and Research Office Speaker of the House's Office

Total Funds 4,378,090 791,800 1,206,454 6,376,344
Total Funds 10,700,501
470,111

27,326,947 14,592,572 4,005,367 2,647,935
107,000 7,000 0
519,200 218,000 835,450
5,000 652,500 85,422 2,418,701
100,000 1,132,800 27,326,947 27,326,947
State Funds 4,378,090 791,800 1,206,454 6,376,344
State Funds 10,700,501
470,111

1408

JOURNAL OF THE SENATE

Clerk of the House's Office Total Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

1,413,670 $ 12,584,282 $

1,413,670 12,584,282

Total Funds

State Funds

2,877,166 $

2,877,166

2,149,952 $

2,149,952

1,054,411 $

1,054,411

1,907,942 $

1,907,942

376,850 $

376,850

8,366,321 $

8,366,321

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits Personal Services Regular Operating Expenses Travel

23,104,495 19,629,532
723,274 597,740

FRIDAY, MARCH 13, 1998

Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds Budgeted State Funds Budgeted
PART II
JUDICIAL BRANCH
Section 3. Judicial Branch. Budget Unit: Judicial Branch Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network Total Funds Budgeted State Funds Budgeted Judicial Branch Functional Budgets
Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total
Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

Total Funds 7,053,392 8,501,549
39,349,804 31,491,571
1,279,908 832,114
5,260,769 166,759
4,849,709 2,775,106
297,391 101,858,072

1409
315,374 17,500
928,827 53,800
646,910 191,538 23,104,495 23,104,495
99,594,822 13,477,801 82,499,472 3,022,726 1,576,573
40,500
500,000 741,000 101,858,072 99,594,822
State Funds 6,244,683 8,451,549
39,275,804 30,267,300
1,279,908 832,114
5,181,499 166,759
4,849,709 2,775,106
270,391 99,594,822
40,341,688
58,424,530 12,758,190
499,767 794,834 1,533,408 1,313,978

1410

JOURNAL OF THE SENATE

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Rents and Maintenance Expense Utilities Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for Capital Outlay Direct Payments to Georgia Building Authority for Operations Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative Hearings Total

3,569,350 377,031
1,296,952 9,628,892
0 0

0

0

61,155,300 733,484
20,039,840 550,000

35,000

48,500 75,000 232,500 173,066,556 40,341,688

Total Funds

State Funds

$

9,705,146 $

2,204,082

$

7,625,107 $

4,198,923

$ 31,935,600 $

232,500

$ 117,557,072 $ 29,078,366

$

653,599 $

653,599

$

1,551,515 $

209,870

$

4,038,517 $

3,764,348

$ 173,066,556 $ 40,341,688

B. Budget Unit: Georgia Building Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Contractual Expense

0
20,960,433 15,551,099
117,000 200,000 196,800 268,100
15,071 232,970 430,000
0 0 0

Facilities Renovations and Repairs

0

FRIDAY, MARCH 13, 1998

Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Facilities Program Operations Security Sales Van Pool Total
Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary Laboratories Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Payments to Georgia Agrirama Development Authority for Operations Payments to Georgia Development Authority Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Plant Industry Animal Industry

Total Funds 12,932,284 2,268,723 11,581,408 6,529,238 4,276,672 383,148 37,971,473
Total Funds 8,640,154 15,908,406

1411
37,971,473 0
State Funds 0 0 0 0 0 0 0
37,521,368
31,793,134 4,341,766 1,110,000
302,000 440,136 670,430 814,475 412,585 1,084,741 1,046,000 2,998,426
2,865,269
275,000 35,000 175,000 731,639
0
150,000
0 40,000
0 49,285,601 37,521,368
State Funds 7,859,154 12,776,271

1412

JOURNAL OF THE SENATE

Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total B. Budget Unit: Georgia Agrirama Development Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Goods for Resale Total Funds Budgeted State Funds Budgeted
Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance 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
Section 7. Department of Community Affairs. Budget Unit: Department of Community Affairs Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications

5,782,790 6,719,885 3,659,975 7,959,213
615,178 49,285,601

2,107,790 6,532,885 3,530,275 4,714,993
0 37,521,368
0 938,623 196,667
4,000 0
5,560 9,500
0 7,500 69,500 200,867 120,000 1,552,217
0

9,718,314
7,868,800 448,929 403,199 112,380 136,122 277,396 385,053 73,000 13,435
9,718,314 9,718,314

$ 29,058,981

$

7,579,270

$

413,364

$

270,850

$

0

$

61,368

$

646,430

$

1,490,712

$

316,124

$

151,110

FRIDAY, MARCH 13, 1998

1413

Capitol Felony Expenses Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment Community Development Block Grants - Federal Payment to Georgia Environmental Facilities Authority Home Program ARC-Revolving Loan Fund Local Development Fund Payments to Music Hall of Fame Authority Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants Local Government Efficiency Grant Program State Commission on National and Community Service EZ/EC Administration EZ/EC Grants Regional Assistance Program Administrative Cost Allocation Contracts for Homeless Assistance Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Executive Division Research and Information Division Planning and Management Division Business and Financial Assistance Division Housing and Finance Division Accounting, Audits and Administration Division Rental Assistance Division Total
Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

0 1,959,945

301,250 133,355

30,000,000

2,368,198

2,717,047 0
650,000 737,260

3,281,250 753,839
5,225,000

0

316,488

189,073 0
1,187,500 0
1,250,000 61,999,433 29,058,981

Total Funds 1,593,920 6,172,074 0
38,601,442

State Funds 1,593,920 5,997,546 0 7,527,885

0$ 15,631,997 $

0 13,939,630

0$ 61,999,433 $

0
29,058,981

$ 730,850,696

$ 511,110,638

$ 63,424,466

$

2,479,494

$

2,102,295

$

3,858,790

1414

JOURNAL OF THE SENATE

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases Payments to MAG for Health Care Certification University of Georgia - College of Veterinary Medicine Contracts Minor Construction Fund Total Funds Budgeted Indirect DOAS Funding Georgia Correctional Industries State Funds Budgeted Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities Total
B. Budget Unit: Board of Pardons and Paroles Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Health Services Purchases Total Funds Budgeted

Total Funds 15,928,970 50,438,555 13,293,432 62,364,773
608,096,669 750,122,399

5,497,266 6,002,776 6,855,910 13,588,631
0 23,106,948
1,200,000 20,874,351 6,550,695
0
1,093,624 3,959,700
1,556,055
577,160 1,458,972 73,497,764
66,620
366,244
894,000 750,122,399
450,000 0
730,850,696
State Funds 15,571,970 48,213,036 13,293,432 61,884,773
591,887,485 730,850,696
45,713,359
35,467,984 1,654,700 565,000 272,500 232,825 591,200 2,785,000 965,000 2,293,650 860,500 25,000
45,713,359

FRIDAY, MARCH 13, 1998

1415

State Funds Budgeted
Section 9. Department of Defense. Budget Unit: Department of Defense 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
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total
Section 10. State Board of Education Department of Education. A. Budget Unit: Department of Education Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 High School Laboratories Vocational Education Laboratories Special Education Gifted Remedial Education Staff Development and Professional Development Media

45,713,359

$

5,451,742

$ 10,851,280

$ 10,392,732

$

38,375

$

0

$

8,000

$

45,625

$

24,400

$

60,915

$

454,200

$

0

$ 21,875,527

$

5,451,742

Total Funds

State Funds

1,652,572 $

1,437,572

5,710,336 $

633,290

14,512,619 $

3,380,880

21,875,527 $

5,451,742

$ 4,510,199,467

$ 37,128,325

$

5,051,715

$

1,008,098

$

20,000

$

134,114

$

9,874,798

$

1,351,182

$

1,221,054

$ 48,991,639

$

793,952

$

0

$ 1,122,923,908 $ 939,273,299 $ 396,233,199 $ 189,059,076 $ 131,549,232 $ 471,599,111 $ 83,554,134 $ 102,582,788 $ 34,768,010

$ 121,686,695

1416

JOURNAL OF THE SENATE

Indirect Cost Pupil Transportation Local Fair Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants In School Suspension Special Instructional Assistance Middle School Incentive Special Education Low - Incidence Grants Limited English-Speaking Students Program Non-QBE Grants: Education of Children of Low-Income Families Retirement (H.B. 272 and H.B. 1321) Instructional Services for the Handicapped Tuition for the Multi-Handicapped Severely Emotionally Disturbed School Lunch (Federal) School Lunch (State) State and Local Education Improvement Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification Regional Education Service Agencies Georgia Learning Resources System High School Program Special Education in State Institutions Governor's Scholarships Counselors Vocational Research and Curriculum Even Start PSAT Student Record Child Care Lunch Program (Federal) Chapter II - Block Grant Flow Through Payment of Federal Funds to Board of Technical and Adult Education Education of Homeless Children/ Youth Innovative Programs Next Generation School Grants

755,222,897 144,825,858 (806,300,975)
0 0
204,279,413 3,158,000 28,719,668 99,859,655 87,308,728 620,134
16,541,699

$ 143,999,894

$

6,008,750

$ 54,732,103

$

2,300,000

$ 47,221,626

$ 188,375,722

$ 32,516,769

$

4,552,565

$

1,491,147

10,214,970 3,582,246 23,552,926 3,884,639
3,500,000 13,427,393
293,520 2,390,824
756,500 981,050 29,829,742 9,663,513
14,395,919
601,772
1,690,215 500,000

FRIDAY, MARCH 13, 1998

Drug Free School (Federal) At Risk Summer School Program Emergency Immigrant Education Program Title II Math/Science Grant (Federal) Robert C. Byrd Scholarship (Federal) Health Insurance - Non-Cert. Personnel and Retired Teachers Pre-School Handicapped Program Mentor Teachers Advanced Placement Exams Serve America Program Youth Apprenticeship Grants Remedial Summer School Alternative Programs Environmental Science Grants Pay for Performance Mentoring Program Charter Schools Technology Specialist Migrant Education Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets
State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total
B. Budget Unit: Lottery for Education Pre-Kindergarten for 4-year-olds Applied Technology Labs Financial and Management Equipment Alternative Programs Educational Technology Centers Distant Learning - Satellite Dishes Technology Specialist Capital Outlay Post Secondary Options

Total Funds 9,064,830
41,068,779 1,063,774 5,979,862 6,501,837
21,103,630 1,053,832
4,913,959,334 5,838,561 4,859,951 5,623,226 3,066,595
5,019,184,211

1417
11,625,943 4,632,785 1,227,493
5,042,895 273,723
99,047,892
18,046,866 1,250,000 1,608,000 382,597 4,340,000 1,689,931 13,191,644 100,000 7,000,000 500,000 45,000 15,401,836 274,395
5,019,184,211 340,000
4,510,199,467
State Funds 7,602,136
36,089,256 986,185
5,979,862 391,213
19,698,591 1,053,832 4,422,079,536 5,477,880 4,620,855 5,142,484 1,077,637 4,510,199,467
261,382,689 217,828,959
3,300,000 9,006,730
0 660,000
0 0 0 1,800,000

1418

JOURNAL OF THE SENATE

Learning Logic Sites Assistive Technology Computers in the Classroom Total Funds Budgeted Lottery Funds Budgeted
Section 11. Employees' Retirement System. Budget Unit: Employees' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Benefits to Retirees Total Funds Budgeted State Funds Budgeted
Section 12. Forestry Commission. Budget Unit: Forestry Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Ware County Grant Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Reforestation Field Services General Administration and Support Total
Section 13. Georgia Bureau of Investigation.

Total Funds 2,028,601
33,400,907 4,326,063 39,755,571

0 2,000,000 26,787,000 261,382,689 261,382,689
0
2,042,086 230,100 18,000 0 1,450 556,432 327,900 44,001
1,363,105 0
4,583,074 0
34,610,593 28,197,560 5,724,394
162,613 1,421,975 1,649,581
274,000 21,420 1,160,555 813,221
0 28,500
60,000
241,752 39,755,571 34,610,593
State Funds 0
30,452,685 4,157,908 34,610,593

FRIDAY, MARCH 13, 1998

Budget Unit: Georgia Bureau of Investigation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Evidence Purchased Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Total
Section 14. Office of the Governor. A. Budget Unit: Office of the Governor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Stipends and Travel Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol

Total Funds 4,260,862
24,414,508 8,381,645 11,905,813
48,962,828

1419
48,962,828
37,870,029 4,822,001 439,879 294,000 580,490 600,000 380,645 1,014,739 2,477,045 484,000 0 48,962,828 48,962,828
State Funds 4,260,862 24,414,508 8,381,645 11,905,813
48,962,828
29,668,811
15,541,400 1,019,049
224,590 0
63,161 709,970 991,557 449,586 3,517,331 3,211,646 40,000 3,225,000 148,913 4,025,000 241,500 175,000
0 262,605 1,915,800 100,000
684,400 1,085,968
0 57,000

1420

JOURNAL OF THE SENATE

Transition Fund

50,000

Total Funds Budgeted

37,739,476

State Funds Budgeted

29,668,811

Departmental Functional Budgets

Total Funds

State Funds

Governor's Office

$

6,675,559 $

6,675,559

Office of Equal Opportunity

$

1,029,729 $

774,193

Office of Planning and Budget

$

7,547,274 $

7,547,274

Council for the Arts

$

5,276,197 $

4,658,059

Office of Consumer Affairs

$

3,370,398 $

3,251,398

Georgia Information Technology Policy $

687,695 $

687,695

Council

Criminal Justice Coordinating Council $

1,380,462 $

299,593

Children and Youth Coordinating

$

2,738,567 $

576,567

Council

Human Relations Commission

$

297,849 $

297,849

Professional Standards Commission

$

3,803,351 $

3,803,351

Georgia Emergency Management

$

4,932,395 $

1,097,273

Agency

Governor's Commission for the Priva- $

0$

0

tization of Government Services

Total

$ 37,739,476 $ 29,668,811

Section 15. Department of Human Resources. Budget Unit: Department of Human Resources 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage Payments to DMA-Community Care Grants to County DFACS - Operations Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets
Commissioner's Office

$ 1,200,543,285

65,704,941 2,456,144 1,560,637 1,573,678 102,863 6,282,716 10,829,405 12,125,660 716,189 0 46,486,389 49,898,569 89,214 918,452 21,876,790 0
220,621,647 412,600
134,739,537

Total Funds

State Funds

1,055,193 $

1,055,193

FRIDAY, MARCH 13, 1998

1421

Office of Planning and Budget Services Office of Adoption Children's Community Based Initiative Troubled Children's Placements Technology and Support Facilities Management Regulatory Services - Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Personnel Administration Indirect Cost Policy and Government Services Aging Services State Health Planning Agency DD Council Total 2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Postage Medical Benefits Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets
District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning

4,059,993 $5 1,217,675 $5 8,461,749 35 46,486,389 j3 41,157,974 35 6,962,609 3>
583,950 35

4,059,993 1,217,675 8,086,749 33,335,726 25,295,389 5,708,613
573,950

3,057,211 35

3,057,211

10,665,342 $5

4,975,061

6,447,179 35

2,308,878

8,232,701 $5

6,407,686

1,882,808 $5

1,882,808

7,299,057 35

7,299,057

0 j5 (11,504,105)

1,183,198 35

1,183,198

68,421,040 $5 38,062,976

1,784,315 $5

1,684,315

1,663,264 35

49,164

220,621,647 $5 134,739,537

*55

49,419,204 75,456,853

*5

856,720

$5

0

35

195,367

i5

1,283,987

$5

4,848,097

$!

1,700,916

5

1,111,683

$5

280,732

a5 16,460,664

$> 133,262,905

<5

34,500

$5

101,757

*5

5,222,222

i5 290,235,607

$5

549,718

t5 153,877,071

Total Funds

State Funds

12,766,874 $5 12,637,199

1,590,957 $5

1,376,126

1,638,411 ^5

1,316,236

2,299,215 ^!

1,186,603

4,745,996 $5

3,972,177

5,251,681 ^5

5,139,681

3,110,765 53 10,916,016 S3

1,099,593 5,858,237

1422

JOURNAL OF THE SENATE

Women, Infants and Children Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Injury Control Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Vaccines Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect Cost Total 3. Rehabilitation Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts
Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction Utilities Postage Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted

83,489,892 $
63,610,691 $ 13,287,527 $ 3,258,061 $ 1,478,113 $ 1,258,344 $ 1,549,433 $ 5,972,288 $
845,641 $ 996,314 $ 2,555,287 $ 377,127 $ 571,927 $ 5,263,367 $ 1,336,607 $ 866,337 $ 268,749 $ 2,036,845 $ 2,566,747 $ 2,208,471 $ 6,487,912 $ 226,463 $ 10,099,523 $ 7,343,045 $ 3,397,000 $ 13,185,415 $; 177,825 $i 13,200,741 $i
0 $i 290,235,607 $i
$; $; $1 $1 $i $! $i $1 $1 $! $1 $1 *1 *1 *1
*s1i
3i

62,463,838 6,511,220 1,909,348 1,374,011 1,002,140
0 4,510,895
666,755 514,680 1,104,183 377,127 571,927 5,263,367 1,081,907 715,199 268,749 1,788,311 2,343,929 1,696,598 6,217,912 226,463 5,842,151
0 2,640,380 2,761,811
160,328 10,903,607 (1,625,617) 153,877,071
80,610,821 11,588,954 1,499,267
50,582 751,574 3,881,138 8,149,739 2,412,235 2,074,859 29,830,191 822,245 11,883,883 255,000 859,650 759,287 155,429,425 100,000 24,757,696

FRIDAY, MARCH 13, 1998

1423

Departmental Functional Budgets
Vocational Rehabilitation Services Independent Living Employability 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 Postage 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

Total Funds 61,497,774 768,949 539,118 10,444,480 4,078,958 831,540 38,885,198 12,608,006 25,775,402 155,429,425

State Funds 12,655,921 333,969 539,118 3,585,422 1,226,551 831,540 0 871,726 4,713,449 24,757,696

46,456,190

$

4,841,303



1,139,360

1

0

1

443,950

1$

3,745,843

< 27,240,649

< 29,150,922

II

9,335,184

I

4,068,191

$ 281,422,326



6,867,433

$ 259,481,497

t$ 40,141,239

$

2,037,559

( 315,221,291

1$ 1,031,592,937

1$

2,565,582

1 374,826,451

Total Funds

State Funds

501,955 i

501,955

4,460,426 !$

3,844,635

3,286,638 i$

3,007,335

3,959,690 :$

3,959,690

11,241,372 !$

960,999

1,084,207 !

1,084,207

2,647,558 i$

1,641,767

30,032,092 !I 12,292,655

1,496,267 i

1,496,267

72,318,728 J$ 11,936,201

271,131,764 !J 53,247,444

1,122,012 !$ 2,799,420 !J

1,122,012 0

1424

JOURNAL OF THE SENATE

Energy Benefits County DFACS Operations - Eligibility 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

7,223,130 $ 118,297,960 $ 97,292,183 $
3,190,752 $ 8,411,330 $
69,078,643 $
22,141,175 $
44,257,515 $ 4,290,503 $ 36,785,262 $ 16,945,290 $ 5,146,142 $ 29,642,834 $ 11,544,785 $
143,435,622 $ 3,759,491 $ 4,068,191 $ 0$
1,031,592,937 $

0 58,279,295 36,738,652
0 2,292,636
33,633,782
8,268,189
15,861,742 2,520,990 23,915,275 12,572,782 4,298,815 20,265,658 9,718,081 53,601,937 3,695,259 4,068,191 (10,000,000) 374,826,451

$ 295,730,929

$ 53,045,721

$

200,000

$

10,539,760

$

1,962,161

$ 330,415,039

$ 691,893,610

$

2,092,200

$ 512,342,530

Total Funds

State Funds

40,188,848 $ 24,870,910

0$

0

9,057,438 $

8,724,907

18,231,500 $ 16,344,608

25,333,292 $ 16,494,024

29,725,567 $ 22,156,682

124,150,139 $ 81,405,898

18,831,472 $ 17,200,651

53,511,956 $ 19,630,902 $ 3,882,958 $
1,000,948 $ 163,029,613 $

28,619,846 16,844,663 2,974,023
939,794 157,098,482

FRIDAY, MARCH 13, 1998

1425

Community Mental Retardation Services 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 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 Major Maintenance and Construction Utilities Postage Payments to DMA-Community Care Grants to County DFACS - Operations Medical Benefits

$ 102,682,898 $ 71,510,419

$ 67,484,838 $ 35,887,158

$ 10,247,375 $

6,893,647

$

4,903,866 $

4,376,818

$ 691,893,610 $ 512,342,530

537,922,085 94,343,254 5,055,984
1,824,260 1,493,754 15,193,684 51,067,890 45,389,733 13,237,915 53,045,721 330,415,039 29,830,191 4,068,191 281,422,326 7,970,410 305,967,886 118,384,355 133,262,905 2,340,875 11,399,410 3,817,055 21,876,790 315,221,291

5,222,222

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 Georgia Ports Authority Lease Rentals Foreign Currency Reserve

22,584,091
11,099,566 1,154,199
514,715 16,200 107,067
459,480 886,245 400,700 1,706,630 253,100 5,936,189
0
0

1426

JOURNAL OF THE SENATE

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 and Research 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 Computer Charges Real Estate Rentals

Total Funds 8,443,920 4,709,675 1,780,682 4,440,988 1,059,206 2,149,620
22,584,091
Total Funds 4,133,410 5,957,161 607,682 5,382,434 804,677 16,885,364

50,000 0
22,584,091 22,584,091
State Funds 8,443,920 4,709,675 1,780,682 4,440,988 1,059,206 2,149,620
22,584,091
15,425,408
14,129,829 689,017 446,000 122,500 46,879 160,778 816,991 328,712 144,658 0
16,885,364 15,425,408
State Funds 4,133,410 5,957,161 607,682 3,922,478
804,677 15,425,408

$ 200,470,411

$ 123,363,078

$ 12,793,940

$

1,271,830

$

227,500

$

724,074

$

653,602

$

1,898,885

FRIDAY, MARCH 13, 1998

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 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 Capital Outlay Total Funds Budgeted State Funds Budgeted

Total Funds 44,668,701 17,285,365 11,964,855 7,447,078 6,111,330 16,139,786 28,465,804 12,761,102 21,549,065 391,205 1,125,080 22,590,625 150,000
1,824,934 542,361
3,981,374 9,639,891 206,638,556

1427
1,233,181 9,583,783 3,602,520
652,485
0
18,689,285 31,944,393
0 206,638,556 200,470,411
State Funds 43,174,043 16,621,853 11,458,425 7,197,094 5,823,771 15,471,696 27,635,629 12,401,102 21,489,661 391,205 1,125,080 21,632,292 150,000
1,824,934 542,361
3,891,374 9,639,891 200,470,411
10,989,326 76,523,595
6,870,433 1,330,000
0 464,000 3,198,000 2,017,900 1,465,339 54,500,000 5,179,867
0 1,774,079
0 153,323,213 10,989,326

1428

JOURNAL OF THE SENATE

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 System 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 State Funds Budgeted
Section 22. Merit System of Personnel

Total Funds 1,536,016
3,319,803,852 46,965,095 2,764,854 9,021,308 4,096,111 9,005,032 6,899,605 52,734,253
3,452,826,126

13,151,387 12,382,434
816,949 199,322
0 21,000 305,201 826,548 145,924 16,160,000 147,000 31,004,378 13,151,387
1,207,375,280 19,828,849 5,595,000 312,930 165,000 359,000 40,361,600 892,880 566,600 64,167,915
3,319,803,852
772,500 3,452,826,126 1,207,375,280
State Funds 733,102
1,177,322,860 13,185,048 1,127,888 3,418,090 1,634,261 4,502,516 2,970,440 2,481,075
1,207,375,280
148,828,880 8,200,000
364,183,084 372,383,084 148,828,880

FRIDAY, MARCH 13, 1998

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 Federal Funds 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 Children's Health Insurance Program 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 Wildlife Management Area Land Acquisition Shop Stock - Parks

Total Funds 2,388,498 5,227,833
1,192,174,488 3,797,442
49,534,274 1,253,122,535

1429
12,190,678
9,825,111 1,998,626
122,000 50,495 975,630 309,569,587 3,813,928 387,915 926,379,243 1,253,122,535 32,284,616 6,198,005 9,984,927 1,192,126,884 337,425 12,190,678
State Funds 0 0 0 0
12,190,678 12,190,678
97,469,580
75,618,515 14,129,875
623,961 1,805,910 2,584,309 2,444,702 6,717,829
836,964 1,282,872
0 675,000 1,304,556
878,810 3,088,000
213,750 722,330
350,000

1430

JOURNAL OF THE SENATE

User Fee 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 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 Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total B. Budget Unit: Georgia Agricultural Exposition Authority

Total Funds 4,860,123 3,052,646 2,807,878 37,590,909 2,241,126 36,295,409 45,179,865 940,337
132,968,293

1,300,000 26,250 0 500,000
800,000 161,000
0 0
0 0 170,047
205,522 300,000
0
31,000 7,895,077 6,132,574 2,069,440
100,000 132,968,293
891,069
2,663,931
1,429,219
200,000 97,469,580
State Funds 4,845,123 3,052,646 2,317,878 18,481,022 1,746,408 31,193,618 34,892,548 940,337 97,469,580 0

FRIDAY, MARCH 13, 1998

1431

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 Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Conviction Reports

2,895,546 2,046,978
25,000 0
95,000 40,000
0 70,000 695,000
0 5,867,524
0

Total Funds

State Funds

5,867,524 $

0

$ 102,499,844
61,763,329 7,801,357
104,095 4,311,500
288,190 3,147,710
28,962 1,944,147 1,132,000
145,100
0 0 80,666,390 1,650,000 79,016,390
18,775,710 1,112,113 61,941 0 62,343 9,000 47,262 273,300 69,000 0 303,651

1432

JOURNAL OF THE SENATE

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. Budget Unit: Public School Employees' Retirement System Payments to Employees' Retirement System Employer Contributions Total Funds Budgeted State Funds Budgeted

Total Funds 21,462,654 23,483,454 59,203,736 104,149,844
Total Funds 3,097,635 1,458,203 1,136,033 1,124,353 443,580 10,868,107 18,127,911

34,900
2,734,234 23,483,454
0 23,483,454
State Funds 19,962,654 23,483,454 59,053,736 102,499,844 14,208,665
8,040,014 2,587,526
94,010 64,220 393,546 140,835 156,997 203,644 488,533 2,425,200 3,533,386
0 18,127,911 14,208,665
State Funds 328,389
1,458,203
1,046,033 1,014,353
443,580
9,918,107 14,208,665
17,642,000
575,000
17,067,000 17,642,000 17,642,000

FRIDAY, MARCH 13, 1998

1433

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 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

Total Funds 2,211,046 4,015,611 4,877,844 11,104,501

8,268,331
7,757,806 630,486 278,106 283,500 71,526 369,786 330,108 168,202
1,214,981 11,104,501 8,268,331
State Funds 2,211,046 1,410,302 4,646,983 8,268,331

$ 1,274,231,157

$ 1,338,027,864 $ 204,900,000

$ 346,859,934

$ 146,225,000

$

28,448,294

$

971,151

$

351,860

$

991,611

$

4,235,000

$

2,100,000

$ 2,073,110,714

$

42,000,000

$ 351,125,000

$ 402,715,057

$

3,039,500

$ 1,274,231,157

$ 182,983,070

277,667,316 70,533,799
129,277,874 42,274,927

1434

JOURNAL OF THE SENATE

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 Pediatric Residency Capitation Contracts 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 Advanced Technology Development Center/Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital

Total Funds 2,297,115 4,919,322 1,596,456
107,064,981 15,749,731
69,672,287 55,676,738 261,493,410
3,191,829
5,118,005

0
2,538,415 15,749,731
4,312,000
1,974,000 146,400
7,210,000 7,394,890
0 2,762,796 4,627,775 1,403,508
600,000 200,000 1,276,071
179,214
15,889,307
480,000
586,498,023 0
118,179,756 284,791,697
543,500 182,983,070
State Funds 1,458,968 1,677,646 1,033,675 9,025,582 7,434,021
40,486,098 32,268,352 33,027,599
3,191,829
535,878

FRIDAY, MARCH 13, 1998

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 General Programming Distance Learning Programming Total Funds Budgeted Other Funds State Funds Budgeted
D. Budget Unit: Lottery for Education Equipment, Technology and Construc-
tion 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
Departmental Administration Internal Administration Information Systems

26,590,566 3,413,908 3,353,970 26,359,705 586,498,023
Total Funds 11,225,310 10,953,876 10,723,053

1435
26,590,566 0 0
26,252,856 182,983,070
0
10,035,915 8,550,469 3,889,958 6,702,234 29,178,576 29,178,576
0
26,685,000 15,000,000
2,000,000
2,219,000 7,466,000 26,685,000 26,685,000
94,385,350 61,971,275
5,268,072 1,162,429
207,300 311,242 9,726,030 2,927,364 2,708,870 1,244,600 3,422,795
0 2,404,350 3,506,810 4,902,668 99,763,805 3,845,000 94,385,350
State Funds 11,225,310 10,803,876 9,707,853

1436

JOURNAL OF THE SENATE

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 - Corporations Business Services - Securities 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 Budgeted

16,916,970 $ 8,257,787 $ 17,690,512 $ 8,449,621 $ 4,752,350 $ 4,011,535 $
20,000 $ 4,351,652 $ 2,411,139 $ 99,763,805 $

16,776,970 7,957,787 16,390,512 8,449,621 3,018,895 3,911,535
20,000 3,711,852 2,411,139 94,385,350

$ 28,675,070

$ 17,743,513

$

3,167,952

$

243,800

$

105,650

$

110,182

$

3,005,634

$

2,420,255

$

811,880

$

1,513,704

$

597,500

$ 29,720,070

$ 28,675,070

Total Funds

State Funds

4,243,154 $

4,213,154

4,955,807 $

4,880,807

2,564,768 $

1,844,768

1,970,679 $

1,920,679

4,314,303 $

4,294,303

1,213,572 $

1,213,572

379,088 $

379,088

9,845,817 $

9,695,817

232,882 $ 29,720,070 $

232,882 28,675,070

2,230,521

1,340,997 156,400 15,000 29,000 7,639 316,400 170,085 62,000 133,000
2,230,521

FRIDAY, MARCH 13, 1998

1437

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 Work Incentive for Students Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets

State Funds 2,230,521 $

2,230,521
Cost of Operations
2,270,521

2,155,513
1,306,540 245,178 41,650 27,464 13,188 13,800 118,648 26,788 432,157 121,500
2,346,913 2,155,513

Total Funds

34,145,759
520,140 22,680 18,000
0 7,500 38,822 46,000 18,691 91,800
0 4,510,455 26,499,053
500,000 86,000
337,500 100,000 808,368
0
540,750 34,145,759 34,145,759
State Funds

1438

JOURNAL OF THE SENATE

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education 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 Employee Benefits 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

33,382,126 $ 763,633 $
34,145,759 $

33,382,126 763,633
34,145,759
217,547,965 109,842,893 29,294,427 24,657,442 15,626,661 31,735,698
800,844 215,000 3,500,000 1,125,000 750,000 217,547,965 217,547,965

9,590,000
5,478,833 356,100 20,500 0 5,700 858,717 527,355 154,665 299,300
5,790,000 3,550,000
250,000
17,291,170 9,590,000

$ 236,550,145

$

6,213,145

$

596,890

$

161,380

$

0

$

187,271

$

738,746

$

594,575

$

992,182

$

146,786

FRIDAY, MARCH 13, 1998

1439

Salaries and Travel of Public Librarians 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 Mass Transit Grants

Total Funds 9,630,975
297,924,962 307,555,937

15,051,525
5,972,145 1,075,353 7,947,385
0 179,386,942 51,504,409
6,019,579 19,100,225 3,488,303 8,379,096 307,555,937 236,550,145
State Funds 6,547,325
230,002,820 236,550,145
24,384,346 0
0
18,384,346 6,000,000
24,384,346 24,384,346

$ 574,126,951

$ 262,617,232

$ 62,239,702

$

2,024,000

$

2,000,000

$

7,127,070

$ 11,905,646

$

1,333,768

$

3,269,333

$ 60,448,553

$ 799,377,596

$

1,001,874

$

1,239,992

$

8,514,737

1440

JOURNAL OF THE SENATE

Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations 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 Maintenance and Betterments 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 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.

710,855

341,250

1,224,151,608 574,126,951

Total Funds

State Funds

913,511,135 $ 285,620,458

245,787,351 $ 233,363,366

15,359,379 $ 14,799,379

32,000,472 $ 31,216,797

1,206,658,337 $ 565,000,000

0$ 1,500,000 $ 2,277,573 $ 13,004,843 $
710,855 $

0 1,500,000 1,816,827 5,099,269
710,855

17,493,271 $

9,126,951

Total Funds 20,516,073 7,274,941 27,791,014

19,444,310
5,031,339 195,723 92,245 0 173,265 27,100 250,711 66,850
14,339,340 7,218,941
395,500
27,791,014 19,444,310
State Funds 14,707,761 4,736,549 19,444,310

FRIDAY, MARCH 13, 1998

1441

Budget Unit: Workers' Compensation Board Personal Services Regular Operating Expenses 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

$ 11,310,468

$

8,966,385

$

440,737

$

127,000

$

0

$

59,520

$

297,057

$

1,256,148

$

184,121

$

169,500

$

0

$ 11,500,468

$ 11,310,468

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)

$ 336,260,630 $ 35,000,000 $ 371,260,630

$ 45,119,569

$

0

$ 45,119,569

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

1442

JOURNAL OF THE SENATE

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,

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.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1998 of all vehicles purchased or newly leased during Fiscal Year 1998.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

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

Purpose

City of Atlanta

Operation of the School of Library $

and Information

Services Graduate Program Clark

Atlanta University

City of Warner Robins Operation of the Aviation Mu- $

seum

Wilkes County

Wilkes County Airport Develop- $

ment

Lowndes County

Improvements to historic Lowndes $

County courthouse

Amount 75,000
90,000 86,250 50,000

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 $1,960.77. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

FRIDAY, MARCH 13, 1998

1443

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 10 11

Standards of Need $ 235 356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to transfer funds 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.

1444

JOURNAL OF THE SENATE

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 July 1, 1998 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reimbursement methodology.

It is the intent of the General Assembly that the Department of Medical Assistance develop an accuity based payment system for nursing homes.

Section 44.

Provisions Relative to Section 22,

Merit System of Personnel Administration.

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1999 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 1999 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.

Section 46.

Provisions Relative to Section 32,

Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.95% for S.F.Y. 1999.

Funds are provided in this appropriation act for H.B. 203.

Section 47.

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 48

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.

FRIDAY, MARCH 13, 1998

1445

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 49.
In addition to all other appropriations for the State fiscal year ending June 30, 1999, 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 Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/ mental retardation institutions ($8,521,072) 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 50.
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:

1446

JOURNAL OF THE SENATE

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 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 51.
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 52.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 53.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 54.
In accordance with the requirements of Article DC, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required 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 55.

FRIDAY, MARCH 13, 1998

1447

(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 56.

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 57.

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 58.

Provisions Relative to Section 37,

1448

JOURNAL OF THE SENATE

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.

Principal

Amount

A.) Maturities not to exceed two hundred

forty months.

Department of Education regular entitle-

$ 73,580,000 $

ments, regular advanced funding and in-

centive advance funding

Construct phase I classroom replacement

18,195,000

at Augusta State University

Classroom building at Georgia State Uni-

29,075,000

versity

Science building at Armstrong Atlantic

28,000,000

State University

Science building at Gainesville College

8,850,000

Arts and science instructional center at

19,350,000

State University of West Georgia

Odum Library at Valdosta State University

14,250,000

Learning resource center at DeKalb Col-

8,685,000

lege

Health building at Fort Valley State Uni-

18,930,000

versity

Visual and commercial arts classroom and

4,700,000

office building at Kennesaw State Univer-

sity

Addition to Dillard Science Hall at Middle

4,100,000

Georgia College

Renovate the Drew-Griffith science build-

4,100,000

ing at Savannah State University

Phase II of the ceramics and sculpture

1,600,000

building at Georgia Southern University

Library addition and renovation at Dalton

4,950,000

College

Addition and renovation of the Old Agri-

cultural Engineering Building

Building at Abraham Baldwin Agricul-

3,220,000

tural College

Renovate Crawford Wheatley Hall at Geor-

2,600,000

gia Southwestern State University

Renovate the lecture hall of the Mul-

1,675,000

timedia Information Center at Clayton Col-

lege and State University

Plant operations building at Southern Pol-

1,600,000

ytechnic State University

Continue a multi-year repairs and renova-

5,000,000

tions program at various Technical and

Adult Education facilities

Debt Service
6,548,620
1,619,355 2,587,675 2,492,000
787,650 1,722,150 1,268,250
772,965 1,684,770
418,300
364,900 364,900 142,400 440,550
286,580 231,400 149,075
142,400 445,000

FRIDAY, MARCH 13, 1998

Renovate the Savannah Tech Classroom, Library and Administration buildings Renovate the Atlanta Tech main building, Annex and Child Development buildings Improve pedestrian traffic flow and modify existing facilities at the Georgia Agricultural Exposition Wastewater system at the Tallaposa Visitor Center Replace roof at the West Point Visitor Center Provide a 50% match for roof repairs and HVAC replacement of the original exhibit area at the World Congress Center Construct eight multi-county Forestry Commission offices Land acquisition under the River Care 2000 program West Georgia Regional Reservoir Major repairs and renovations at various YDCs and RYDCs Complete construction of the dining facility at the Irland YDC Complete the Athens RYDC multi-purpose building Classroom addition at the Macon RYDC Human Resources projects: safety and regulatory requirements; major construction and design; HVAC systems; electrical replacement; roofing projects; water, sewer and plumbing projects Construct a maximum security forensics building at Central State Hospital Replace the garage and maintenance buildings at Savannah Regional Hospital Construct a morgue for the Georgia Bureau of Investigation
Minor construction, repair and roofing projects for the Department of Corrections Capitol Building restoration Continue renovation of the #2 Peachtree Building Americans with Disabilities Act modifications State Park projects Continued renovation of the Capitol Museum Completion of the Capitol Education Center Governor's Road Improvement Program

3,435,000 3,935,000
655,000
1,305,000 170,000
3,835,000
1,600,000 20,000,000 46,000,000
3,000,000 1,100,000
540,000 540,000 7,000,000
17,800,000 1,100,000 1,295,000
8,480,000 13,180,000 10,000,000 6,000,000 1,150,000
1,000,000 1,625,000 10,000,000

1449
305,715 350,215
58,295
116,145 15,130
341,315
142,400 1,780,000 4,094,000
267,000 97,900 48,060 48,060 623,000
1,584,200 97,900 115,255
754,720 1,173,020
890,000 534,000 102,350
89,000 144,625 890,000

1450

JOURNAL OF THE SENATE

Four laning program Construction of a business and industrial development center at South Georgia Technical and Adult Institute Expansion of a facility at the Atlanta Farmers' Market Probation detention centers in Terrell, Paulding and Houston Counties B.) Maturities not to exceed sixty months. Planning and design of a building expansion of the School of Architecture at Southern Polytechnic State University Planning and design of an instructional complex at Gordon College Planning and design of an environmental sciences and technology building at the Georgia Institute of Technology Planning and design of a health and natural sciences building at North Georgia College and State University Planning and design of a student learning center at the University of Georgia Planning and design of a learning center at Clayton College and State University Planning and design of a new DeKalb/UGA Gwinnett Center Upgrade utilities at the Medical College of Georgia hospital Purchase equipment for the Governor's Traditional Industries research projects Food processing technology research facility at Georgia Tech Add restrooms at Kingsland and Savannah Visitor Centers Renovate Kingsland and Savannah Visitor Center's interiors Planning and design of a new 75-bed RYDC in Jeff Davis County Planning and design of a dining facility and a detention building addition at the Augusta YDC Planning and design of a police office and detention unit at Lorenzo Benn YDC Planning and design of a detention unit expansion at the Macon YDC Purchase equipment for the Paulding RYDC Renovate the first floor of Roosevelt Hall to expand the therapy area at Warm Springs

5,000,000 5,700,000
4,000,000 3,250,000
515,000
600,000 1,340,000
765,000
1,710,000 930,000 880,000
4,000,000 3,015,000
200,000 300,000 90,000 335,000 230,000
60,000 60,000 300,000 1,325,000

445,000 507,300
356,000 289,250
120,510
140,400 313,560
179,010
400,140 217,620 205,920 936,000 705,510
46,800 70,200 21,060 78,390 53,820
14,040 14,040 70,200 310,050

FRIDAY, MARCH 13, 1998

1451

Renovations to the Georgia War Veterans Home in Milledgeville Security-related modifications at various prisons Replacement of equipment for Technical and Adult Institutions Equipment for new and modified vocational high school laboratories

640,000 6,235,000 1,000,000 2,781,000

149,760 1,458,990
234,000 650,754

Section 59.

Salary Adjustments.

In addition to all other appropriations, there is hereby appropriated $345,983,018 for the following purposes: 1.) To provide a general salary adjustment of 0% to 7% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998 (proposed salary adjustments are in conformance with the Georgia Gain pay for performance system). 2.) To provide a general salary adjustment of 4% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998 (proposed salary adjustments are contingent on an employee's receiving at least "satisfactory" or "meets expectations" on their annual performance appraisal). 3.) To provide for a cost of living adjustment of 4% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4 with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 4.) To provide for a cost of living adjustment for members of the General assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 5.) To provide for a 6% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1998. 6.) In lieu of item 1 above, to provide for a 4% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1998. 7.) To provide for a 6% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1998. 8.) In lieu of item 1 above, to provide a 6% funding level for merit increases for Regents faculty and support personnel, with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1998. 9.) In addition to the general salary adjustment in item 1 above, to provide a 5% salary supplement for Peace Officer Standards Training certified personnel in the Juvenile Correctional Officer job class series within the Department of Juvenile Justice with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 10.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for certain administrative law judges and support personnel in the Office of State Administrative Hearings, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Georgia Bureau of Investigation special agents and scientists, with the amount of the appropriation for this purpose determined according to and effective date of October 1, 1998. 12.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for certain support staff within the Public Service Commission, with the amount of the appropriation for this purpose determined according to an effective date of

1452

JOURNAL OP THE SENATE

October 1, 1998. In addition to the general salary adjustment in item 1 above, to provide a 3.5% funding level for supplemental salary adjustments for certain positions within the Department of Law, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. In addition to the general salary adjustment in item 1 above, to provide a supplemental salary adjustment for employees successfully completing the primary accounting series of courses offered through the State Financial Management Certificate Program, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998.

Section 60. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1999

$ 12,528,603,880

Section 61.

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

Section 62.

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

Senator Gochenour of the 27th District moves to amend Senate Appropriations Committee Substitute to HB 1250 by (removing from) State funds relating to State Fiscal Year 1999 the figure $234,717,782 by (decreasing) the appropriation for State agencies as listed below:

Section 2. Department of Audits Section 3. Judicial Branch Section 5. Department of Agriculture Section 6. Department of Banking and Finance Section 7. Department of Community Affairs Section 8. Department of Corrections Section 9. Department of Defense Section 10. State Board of Education Section 16. Department of Industry, Trade and Tourism Section 18. Department of Juvenile Justice Section 19. Department of Labor Section 21. Department of Medical Assistance Section 22. Merit System Section 23. Department of Natural Resources Section 24. Department of Public Safety Section 25. Public School Employees' Retirement System Section 27. Board of Regents, University System of Georgia Section 28. Department of Revenue Section 32. Teachers' Retirement System Section 33. Department of Technical and Adult Education Section 34. Department of Transportation Section 36. Workers Compensation Board Section 37. St. of Ga. General Obligation Debt Sinking Fund State Funds

$ (2,605,056) $ (6,766,205) $ (971,794) $ (33,352) $ (476,120) $ (16,615,539) $ (1,014,526) $ (82,790,480) $ (2,166,312) $ (29,673,365) $ (139,811) $ (11,949,739) $ (12,190,678) $ (859,710) $ (1,071,979) $ (2,275,130) $ (4,025,218) $ (298,865) $ (5,450,810) $ (6,525,015) $ (1,492,111) $ (206,397) $ (45,119,569) $(234,717,782)

Senator Egan of the 40th offered the following amendment:

Amend the committee substitute to HB 1250 by adding on line 1815 page 40 "The building shall not be constructed west of Peachtree Street"

FRIDAY, MARCH 13, 1998

1453

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

N Abernathy

Griffin

Y Price,R

N Balfour

Y Guhl

Y Price,T

N Blitch

N Harbison

N Ragan

N Boshears

N Henson

N Ralston

N Bowen

N Hill

N Ray

N Broun, 46th

N Hooks

Roberts

N Brown, 26th

N Huggins

Y Scott

Brush

Y James

N Starr

N Burton

N Johnson,D

EX Stokes

N Cagle

Y Johnson.E

N Streat

N Cheeks

N Kemp

Y Tanksley

Y Clay

Y Lamutt

N Taylor

N Crotts

N Land

Y Thomas,D

N Dean

N Langford

N Thomas,N

Y Egan

N Madden

N Thompson

Y Fort

N Marable

N Turner

N Gillis

Middleton

N Tysinger

Y Glanton

Y Oliver

N Walker

Y Gochenour

N Perdue

On the adoption of the amendment, the yeas were 15, nays 36, and the Egan amend-

ment was lost.

Senators Gochenour of the 27th, Price of the 56th, Clay of the 37th and Glanton of the 34th moved to amend Senate Appropriations Committee Substitute to HB 1250 by (removing from) State funds relating to State Fiscal Year 1999 the figure $234,717,782 by (decreasing) the appropriation for State agencies as listed below:

Section 2. Department of Audits Section 3. Judicial Branch Section 5. Department of Agriculture Section 6. Department of Banking and Finance Section 7. Department of Community Affairs Section 8. Department of Corrections Section 9. Department of Defense Section 10. State Board of Education Section 16. Department of Industry, Trade and Tourism Section 18. Department of Juvenile Justice Section 19. Department of Labor Section 21. Department of Medical Assistance Section 22. Merit System Section 23. Department of Natural Resources Section 24. Department of Public Safety Section 25. Public School Employees' Retirement System Section 27. Board of Regents, University System of Georgia Section 28. Department of Revenue Section 32. Teachers' Retirement System Section 33. Department of Technical and Adult Education Section 34. Department of Transportation Section 36. Workers Compensation Board

$ (2,605,056) $ (6,766,205) $ (971,794) $ (33,352) $ (476,120) $ (16,615,539) $ (1,014,526) $ (82,790,480) $ (2,166,312) $ (29,673,365) $ (139,811) $ (11,949,739) $ (12,190,678) $ (859,710) $ (1,071,979) $ (2,275,130) $ (4,025,218) $ (298,865) $ (5,450,810) $ (6,525,015) $ (1,492,111) $ (206,397)

1454

JOURNAL OF THE SENATE

Section 37. St. of Ga. General Obligation Debt Sinking Fund State Funds

$ (45,119,569) $(234,717,782)

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

N Abernathy

Griffin

N Price,R

N Balfour

Y Guhl

Y Price,T

N Blitch

N Harbison

N Ragan

N Boshears

N Henson

N Ralston

N Bowen

N Hill

N Ray

N Broun, 46th

N Hooks

Y Roberts

N Brown, 26th

N Huggins

N Scott

Brush

James

N Starr

Burton

N Johnson,D

EX Stokes

N Cagle

N Johnson.E

Streat

N Cheeks

N Kemp

N Tanksley

N Clay

N Lamutt

N Taylor

N Crotts

N Land

N Thomas,D

N Dean

N Langford

N Thomas,N

N Egan

N Madden

N Thompson

N Fort

N Marable

N Turner

N Gillis

Middleton

N Tysinger

Y Glanton

N Oliver

N Walker

Y Gochenour

N Perdue

On the adoption of the amendment, the yeas were 5, nays 44, and the Gochenour, et

al. amendment was lost.

Senators Gochenour of the 27th and Glanton of the 34th offered the following amendment:

Amend the committee substitute to HB 1250 by adding after "Plans." on line 1641 page 36

"The department shall not promote, advocate or distribute birth control pills for the purpose of emergency contraception."

Senator Glanton of the 34th offered the following amendment:

Amend the committee substitute to HB 1250 by adding on page 39 line 1753 following "funds."

"No state appropriations relative to teen pregnancy prevention programs, no funding shall be expended for medications known as "emergency contraceptives" and that no medications may be prescribed for abortive purposes.
Provided further, facilites operated by the Department of Human Resources for the purpose of providing teenage pregnancy prevention services shall be prohibited from providing physical examinations to pre-teen and teenage clients without parental notification.
The President asked that the following communications be read:
February 7, 1995

Honorable George Hooks Senator, District 14 Chairman, Senate Appropriations Committee Room 234 State Capitol Atlanta, Georgia 30334
Dear Senator Hooks:

FRIDAY, MARCH 13, 1998

1455

You have requested that I discuss in basic terms the inclusion of general law legislation in an appropriations act.
As a part of the checks and balances in state government, the Constitution limits the function of an appropriations act to authorizing the withdrawal of funds from the treasury by stating an amount and a purpose. The purpose and any limitations on it must be provided for by general law. Language in an appropriation which purports to enact general law or to constrain an exercise of general law powers is void. For example, see Ops. Att'y Gen. 91-26, 73-152, 73-132 and U92-19, construing provisions presently in the 1983 Constitution at Article III, Section DC, especially Paragraphs I, III, VI and VII. Under these well established principles, the conclusion contained in the letter of Legislative Counsel dated January 15, 1995, which you also submitted in connection with your request, is legally correct.
If I may be of further assistance, please advise.

February 7, 1995

Sincerely, Isl H. Perry Michael
Executive Assistant Attorney General

Honorable Sonny Perdue Senator, District 18 Room 321, State Capitol Atlanta, Georgia 30334
Dear Senator Perdue:
You have requested that I confirm that the analysis contained in the letter by H. Perry Michael, Executive Assistant Attorney General, to Honorable George Hooks, Chairman of the Senate Appropriations Committee, delivered today represents my view of the legal issue. This confirms that I have reviewed the letter and believe its analysis is legally correct.
If I may be of further assistance, please advise.

Sincerely, Isl Michael J. Bowers
Attorney General

Senator Land of the 16th cited Rule 141, and the President ruled the Gochenour, and Glanton amendments out of order.
On the adoption of the committee substitute, the yeas were 38, 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 N Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush

Y Burton Y Cagle Y Cheeks N Clay Y Crotts Y Dean N Egan Y Fort

Y Gillis N Glanton N Gochenour Y Griffin N Guhl Y Harbison Y Henson Y Hill

1456

JOURNAL OF THE SENATE

Y Hooks Y Huggins

Y Middleton Y Oliver

Y James Johnson,D

Y Perdue Y Price,R

Y Johnson,E

N Price,T

Y Kemp N Lamutt

Y Ragan Y Ralston

Y Land Y Langford Y Madden Y Marable

N Ray Y Roberts Y Scott Y Starr

On the passage of the bill, the yeas were 44, nays 10.

EX Stokes Y Streat N 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 Hooks of the 14th moved that HB 1250 be immediately transmitted to the House.

On the motion, the yeas were 46, nays 1; the motion prevailed, and HB 1250 was immediately transmitted.

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

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.
The House substitute was as follows:

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 issue permits for trimming and removing trees and vegetation on state rights of way; to provide for legislative findings and declarations; to provide for a Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund; to change certain provisions relating to application for tree trimming and removal 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 effective dates; to provide for effectiveness of certain provisions on a date certain contingent upon ratification of a constitutional amendment; to provide for automatic repeal of certain provisions otherwise; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

FRIDAY, MARCH 13, 1998

1457

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 cuiiimissioiiei Governor shall appoint an OuUlum Advei Using Citizens Advihuiy a Roadside Enhancement and Beautification Council composed of seven 12 members. The advisuiy council shall include the uliainuau chairperson of the Senate Transportation Committee; the chaiimaii 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 inteiesls in the uiitduui advertising hidustiy of the Outdoor Advertising Association of Georgia, Inc.; and the diieclui uf the Opeialkms Division deputy commissioner of the Georgia Department of Transportation.
(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 advisory council shall aid the commissioner in formulating policies and discussing problems related to the administration of this article. In addition, the advisuiy council shall advise the cuiiiiiiissiuiiei un the standards and policies to be used
\jy LiicUGjii LuieiiL111 Llielulluwiligs^jtjuilii,eiiccis!
V1 ) i. lie oLllll^OI wlitrtliciLlicLl limitingOI Li ee& dullvcgcbclLiuii Oil oLetLc i igliLo Ox
wiiy sliuLiluuc jjci'iiiiLLt:ii 111 li i>nL OiIt^&li:iiiu nuiiiAjiilui lnillj^ uuLuuuitill vt;i tismg
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;
\) 11tllGCOllliliiSSiuiLei', til Lei CGllSllltrcitluiiWitll tiltauVlSOry CGU.11C11,Clc L c I'iil i lie s
Lliat budi tiimmiiig should be permitted, the advisuiy council shall advise the depal UiieiiL on tliu maiiimi and standards midtii which such permits should be
^ittlVEtiitl Dy Ulc uCSp fll tille111, 2CS Well <dS LIIC S LclliQ 3.1'Qt! lOl tile ill3.1111c 11 &ilCc Ol STJCll
Uimmed aieaa. 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 require-

1458

JOURNAL OF THE SENATE

ments of such permits including without limitation the implementation of landscaping plans;
(4) Encourage the contribution of funds from appropriate sources to the Georgia Wildflower and Roadside Enhancement and Beautification Trust Fund established pursuant to Code Section 32-6-75J2;
(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 Georgia Wildflower and Roadside Enhancement and Beautification Trust 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.
(c) The advisuiy council shall meet to elect a chaiimaii and vice-chairman chairperson and vice chairperson and to establish the rules governing its operation. The advisory council shall meet at the call of the chairman chairperson and shall meet not less than sumitiiiiiuiill.y nui mui't; than 12 Limes pei yeai quarterly.
(d) Each advisory council member councilmember shall be 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-Airy; 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 'Georgia Wildflower and Roadside Enhancement and Beautification Trust 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

FRIDAY, MARCH 13, 1998

1459

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 appropriated 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) In the exercise of its general constitutional powers, including specifically the powers under Article III, Section XI, Paragraphs 11(5) and (6), and to encourage and promote tourism and the control and regulation of outdoor advertising, 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 veg-

1460

JOURNAL OF THE SENATE

etation 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 permitted.
(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.
(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.
(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 value of trees, vegetation, or any other public property which the applicant seeks to remove from the state right of way; 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 trees, vegetation, or any other public property which the applicant seeks to remove from the right of way 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 trees, vegetation, or other public property which the applicant seeks to remove from the right of way.
(2)(A) No removal of any hardwood tree having a diameter of the outside bark of more than 8 inches at a height of 6 inches above ground level or any historic or endangered species tree or any tree 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 industry standards as defined by the National Arborist Association, International Society of Arboriculture.
(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.

FRIDAY, MARCH 13, 1998

1461

(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.
(2) No 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 Code section is applicable shall be maintained in such a condition of disrepair as to be unusable for advertising.
(4)(A) In cases where the department has reasonable cause to believe 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, and an additional civil fine in an amount equal to the appraised value of the trees or vegetation, or both, which were unlawfully trimmed or removed, 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, at the expense of the permittee, 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.
(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.
(g) All funds collected pursuant to this Code section shall be deposited into the Georgia Wildflower and Roadside Enhancement and Beautification Trust 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 02-0-75.2 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 con-

1462

JOURNAL OF THE SENATE

tained 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.
The provisions of Section 2 of 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 wildflower and 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 is not so ratified, Section 2 of this Act shall not become effective; but all other provisions of this Act shall be effective as of the date of the Governor's signature or its becoming law without such signature.
SECTION 6.
The provisions of this Act shall be severable; and if any phrase, clause, sentence, or provision of this Act is declared by a court of competent jurisdiction to be contrary to the Constitution or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Act and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate disagree to the House substitute to SB 337.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 337.
At 12:50 P.M., the President announced that the Senate would stand in recess until 2:00 P.M.
The President called the Senate to order at 2:00 P.M.
The Calendar was resumed.
HR 812. By Representatives Barnard of the 154th, Lee of the 94th, Murphy of the 18th and others:
A resolution designating the Dewey D. Rush Highway.
Senate Sponsor: Senator Cheeks of the 23rd.
Senator Hill of the 4th offered the following amendment:
Amend HR 812 by adding ", the Clinton Oliver Highway, and the Romie Waters Highway" following "Highway" on lines 1 and 27 of page 1 and by adding between lines 23 and 24 of page 1 the following:
"BE IT FURTHER RESOLVED that State Highway 57 from the Reidsville city limits to Tattnall County High School is designated as the Romie Waters Highway and that State Highway 57 from Tattnall County High School to the Glennville city limits is designated as the Clinton Oliver Highway".
By inserting ", Clinton Oliver, and the family of Romie Waters" following "Rush" on line 30 of page 1.

FRIDAY, MARCH 13, 1998

1463

On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Abernathy

Y Griffin

Y Price,R

Y Balfour

Guhl

Y Price.T

Y Blitch

Y Harbison

Ragan

Y Boshears

Y Henson

Ralston

Bowen

Y Hill

Y Ray

Y Broun, 46th

Hooks

Roberts

Y Brown, 26th

Y Huggins

Scott

Brush

James

Y Starr

Y Burton

Johnson,D

EX Stokes

Y Cagle

Y Johnson,E

Y Streat

Y Cheeks

Kemp

Tanksley

Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Thomas,D

Y Dean

Langford

Y Thomas,N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Turner

Gillis

Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Y Perdue

On the adoption of the resolution, the yeas were 35, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

Senator Dean of the 31st moved that Senator Turner of the 8th be excused. On the motion, the yeas were 29, nays 1; the motion prevailed, and Senator Turner was excused.
The President asked unanimous consent to vote on the following motions to excuse in one vote. The consent was granted.
Senator Dean of the 31st moved that Senator Gillis of the 20th be excused.
Senator Marable of the 52nd moved that Senator Bowen of the 13th be excused.
Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused.
Senator Roberts of the 30th moved that Senator Ralston of the 51st be excused.
On the motions, the yeas were 30, nays 1; the motions prevailed, and Senators were excused.
The Calendar was resumed.

HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.
Senate Sponsor: Senator Walker of the 22nd.

1464

JOURNAL OF THE SENATE

The Senate Committee on Health and Human Services offered the following substitute to HB 274:
A BILL
To be entitled an Act to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to provide for agreements to grant licenses to persons licensed in other states; to change the provisions relating to investigations and the practices and procedures connected therewith; to provide for notices and records; to provide that certain records shall not be subject to subpoena and shall not be released except under certain circumstances; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, is amended by striking Code Section 43-39-10, relating to granting licenses to persons licensed in other states, and inserting in its place the following:
"43-39-10.
(a) The board may grant a license to any person who at the time of application is licensed by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter. The board may require the applicant to pass such written and oral examinations as the board may deem necessary.
(b) The board may also, in its discretion, enter into an agreement with any similar board of any other state, directly or through an association, to the effect that each party to such an agreement, under the conditions therein stipulated, will grant licenses to psychologists on the basis of a license having been granted by any other party to the agreement."
SECTION 2.
Said chapter is further amended by adding at the end of Code Section 43-39-13, relating to denial, revocation, or suspension of licenses to practice psychology, a new subsection (d) to read as follows:
"(d)(l) Notwithstanding the provisions of paragraph (2) of subsection (h) of Code Section 43-1-19, if a psychologist is the subject of a board investigation initiated as the result of a complaint or report to the board, a copy of the complaint or report shall be furnished to the psychologist as soon as practicable after the investigation is initiated but in any event prior to the delivery of a subpoena for the production of documents. If a psychologist is the subject of an investigation initiated by the board on its own initiative, a written statement of the acts or omissions being investigated shall be furnished to the psychologist as soon as practicable after the investigation is initiated but in any event prior to the delivery of a subpoena for the production of documents. The board may defer providing the psychologist with a copy of the complaint, report, or written statement if the board determines that the nature of the investigation requires that its existence not be disclosed to the psychologist but in no event later than the delivery of a subpoena for the production of documents to the psychologist.
(2) When an investigation is completed and the board has determined that no action shall be initiated against the psychologist, the board shall, within 30 days of the clo-

FRIDAY, MARCH 13, 1998

1465

sure of the investigative file, advise the psychologist in writing that the matter is closed and that no further proceedings are pending before the board. The documents furnished to the psychologist by the board as required by this Code section shall not be subject to subpoena and shall not be released except upon request of the licensee."
SECTION 3.
This Act shall become effective on July 1, 1998, and shall apply to all investigations initiated on or after July 1, 1998.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th offered the following amendment:
Amend the committee substitute to HB 274 as follows:
On line 25 of page 2, by striking the words:
"to the psychologist but in no event later than the delivery of a subpoena for the production of documents to the psychologist"
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by 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 Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

EX Bowen

Y Hill

Y Broun, 46th

Y Hooks

Y Brown, 26th

Y Huggins

Y Brush

James

Y Burton

Johnson,D

Y Cagle

Y Johnson,E

Y Cheeks

EX 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

Y Gochenour

Y Perdue

On the passage of the bill, the yeas were 46, nays 0.

Y Price,R Y Price,T
Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr EX Stokes Y Streat
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.

1466

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1250. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999.
The following bill was taken up to consider House action thereto:

HB 1250. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999.
Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 1250.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1250.
Senator Perdue of the 18th, President Pro Tempore, assumed the Chair.
The Calendar was resumed.

HB 1464. By Representative Channell of the lllth:

A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to filing requirements with respect to homestead exemptions, so as to change certain provisions regarding filing deadlines.

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:

Abernathy Y Balfour Y Blitch Y Boshears EX 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 EX Gillis

Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill
Hooks Y Huggins Y James
Johnson.D Y Johnson,E EX 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 EX Stokes Y Streat
Tanksley Taylor Y Thomas.D Y Thomas,N Y Thompson

FRIDAY, MARCH 13, 1998

1467

EX Turner

Y Tysinger

Y Walker

On the passage of the bill, the yeas were 45, nays 0.

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

HB 1273. By Representatives Coleman of the 80th, Porter of the 143rd, McBee of the 88th and others:

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.

Senate Sponsor: Senator Hill of the 4th.

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

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

Abernathy

Y Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

EX Bowen

Y Hill

Y Broun, 46th

Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Johnson,D

Y Cagle

Y Johnson,E

Y Cheeks

EX Kemp

Y Clay

Y Lamutt

Y Crotts

Land

Y Dean

Y Langford

Y Egan

Y Madden

Y Fort

Y Marable

EX Gillis

Y Middleton

Glanton

Y Oliver

Y Gochenour

Perdue(PRS)

On the passage of the bill, the yeas were 42, nays 0.

Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr EX Stokes Y Streat
Tanksley
Taylor Y Thomas,D Y Thomas,N Y Thompson EX Turner Y Tysinger
Walker

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

HB 884. By Representatives Hugley of the 133rd, Taylor of the 134th and Polak of the 67th:
A bill to amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the denial or suspension of licenses for mortgage lenders and brokers for failure to repay a student loan.
Senate Sponsor: Senator Griffin of the 25th.
The Senate Higher Education Committee offered the following substitute to HB 884:

1468

JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the denial or suspension of licenses for mortgage lenders and brokers for failure to repay a student loan; to provide for the denial or suspension of licenses for check cashers for failure to repay a student loan; to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to provide for definitions; to provide for the denial or suspension of a license for failure to repay a student loan; to amend Part 2 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Higher Education Assistance Corporation Act," so as to provide for definitions; to provide for a certified state-wide list of persons who are in default and not in satisfactory repayment status on a student loan and for the issuance of such list to certain licensing entities; to authorize licensing entities to suspend or withhold issuance or renewal of licenses for all persons whose names are on the certified list; to provide for notices, hearings, and administrative and judicial review relating to license suspension and denial; to provide for notices of release; to provide for forfeiture of certain fees; to provide for interagency agreements; to provide for a surcharge; to provide for regulations; to amend Code Section 26-4-78 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for pharmacists, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Code Section 33-23-21 of the Official Code of Georgia Annotated, relating to grounds for refusal, suspension, or revocation of the licenses of insurance agents and others, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Code Section 33-23-22 of the Official Code of Georgia Annotated, relating to notice of suspension or revocation of the licenses of insurance agents and others, so as to provide for a specific hearing; to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses by state examining boards, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Code Section 43-39A-14 of the Official Code of Georgia Annotated, relating to the classification of real estate appraisers and grounds for refusal, so as to provide for the denial or suspension of an appraiser's license for failure to repay a student loan; to amend Code Section 43-40-15 of the Official Code of Georgia Annotated, relating to the granting, revocation, or suspension of real estate licenses, so as to include the failure to repay a student loan as a ground for refusing to grant or for suspending licenses; to provide for hearing and appeal procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The Commissioner shall suspend any pesticide contractor's license or certified commercial pesticide applicator's license or refuse to grant or renew either license upon notice to the Commissioner by the Georgia Higher Education Assistance Corporation that:

FRIDAY, MARCH 13, 1998

1469

(1) The applicant for or holder of either such license is a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295; and
(2) The hearings and appeals procedures provided in Code Section 20-3-295, where applicable, shall be the only such procedures required under this article."
SECTION 2.
Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding at the end of Code Section 7-1-707, relating to suspension of licenses of check cashers generally, a new subsection (d) to read as follows:
"(d) The provisions of this Code section shall not apply when a license is denied or suspended as provided in Code Section 7-1-707.1."
SECTION 3.
Said chapter is further amended by adding following Code Section 7-1-707, relating to suspension of licenses of check cashers generally, a new Code section to read as follows:
"7-1-707.1.
(a) As used in this Code section, the term:
(1) 'Agency' means the Georgia Higher Education Assistance Corporation created in Code Section 20-3-263 which is responsible for administering a program of guaranteed educational loans to eligible students and eligible parents known as the Georgia Higher Education Loan Program.
(2) 'Borrower' means an individual who borrowed a guaranteed educational loan under the Georgia Higher Education Loan Program.
(3) 'Default' means default as defined by federal law under the Higher Education Act of 1965.
(4) 'Satisfactory repayment status' means the borrower has agreed to repay the defaulted loan to the agency and has made a payment in the most recent prior 60 days.
(b) The department shall suspend, as provided for in Code Section 20-3-295, the license of any check casher upon receipt of a record from the agency stating that such licensee is a borrower in default who is not in satisfactory repayment status.
(c) The department shall deny, as provided for in for Code Section 20-3-295, the application or renewal of any applicant or licensee upon receipt of a record from the agency stating that such applicant or licensee is a borrower in default who is not in satisfactory repayment status.
(d) Notwithstanding any other provisions of law, the hearings and appeals procedures provided for in Code Section 20-3-295, where applicable, shall be the only such procedures required to suspend a license or deny the issuance or renewal of an application for a license under this article."
SECTION 4.
Said chapter is further amended by striking paragraph (a) of Code Section 7-1-1017, relating to the suspension or revocation of licenses for mortgage lenders and mortgage brokers, and inserting in lieu thereof the following:
"(a)(l) The department may suspend or revoke an original or renewal license or registration on any ground on which it might refuse to issue an original license or registration or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee or registrant to pay, within 30

1470

JOURNAL OF THE SENATE

days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage lender or mortgage broker.
(2) In addition tu the fui'eguing, wheie Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article.
(3) Where an applicant or licensee has been found to be a borrower in default as provided in Code Section 20-3-295, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article."
SECTION 5.
Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, is amended by adding immediately following Code Section 12-6-49.1, relating to denial or suspension of a license for noncompliance with a child support order, a new Code section to read as follows:
"12-6-49.2.
(a) As used in this Code section, the term:
(1) 'Agency' means the Georgia Higher Education Assistance Corporation created in Code Section 20-3-263 which is responsible for administering a program of guaranteed educational loans to eligible students and eligible parents known as the Georgia Higher Education Loan Program.
(2) 'Borrower' means an individual who borrowed a guaranteed educational loan under the Georgia Higher Education Loan Program.
(3) 'Default' means default as defined by federal law under the Higher Education Act of 1965.
(4) 'Satisfactory repayment status' means the borrower has agreed to repay the defaulted loan to the agency and has made a payment in the most recent prior 60 days.
(b) The board shall suspend, as provided for in Code Section 20-3-295, the license of any registered forester upon receipt of a record from the agency stating that such licensee is a borrower in default who is not in satisfactory repayment status.
(c) The board shall deny the application for renewal, as provided in for Code Section 20-3-295, of any applicant or licensee upon receipt of a record from the agency stating that such licensee is a borrower in default who is not in satisfactory repayment status.
(d) Notwithstanding any other provisions of law, the hearings and appeals procedures provided for in Code Section 20-3-295, where applicable, shall be the only such procedures required to suspend a license or deny the issuance or renewal of an application for a license under this part."
SECTION 6.
Part 2 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Higher Education Assistance Corporation Act," is amended by adding immedi-

FRIDAY, MARCH 13, 1998

1471

ately following Code Section 20-3-294, relating to operations reports by the corporation, a new Code section to read as follows:
"20-3-295.
(a) As used in this Code section, the term:
(1) 'Agency' means the Georgia Higher Education Assistance Corporation created in Code Section 20-3-263 which is responsible for administering a program of guaranteed educational loans to eligible students and eligible parents known as the Georgia Higher Education Loan Program.
(2) 'Applicant' means any person applying for issuance or renewal of a license.
(3) 'Borrower' means an individual who borrowed a guaranteed educational loan under the Georgia Higher Education Loan Program.
(4) 'Certified list' means a list provided by the agency of the names of borrowers who default on guaranteed educational loans made under the Georgia Higher Education Loan Program and are not in a satisfactory repayment status. Provided however the term default shall not include any obligation which is restructured or which is discharged under hardship provisions under the Federal Bankruptcy Code.
(5) 'Default' means default as defined by federal law under the Higher Education Act of 1965.
(6) 'License' means a certificate, permit, registration, or any other authorization issued by any licensing entity that allows a person to engage in a profession, business, or occupation.
(7) 'Licensee' means any person holding a license.
(8) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to engage in a profession, business, or occupation, including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Part 2 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.
(9) 'Satisfactory repayment status' means the borrower has agreed to repay the defaulted loan to the agency and has made a payment in the most recent prior 60
(b) The agency shall maintain a state-wide certified list of borrowers in default who have not made satisfactory arrangements to ensure voluntary repayment. The certified list must be updated on a monthly basis. The agency shall submit to each licensing entity a certified list with the name, social security number, if known, date of birth, and last known address of each person on the list.
(c) On or before January 1, 1999, all licensing entities shall implement procedures to accept and process the list provided by the agency in accordance with this Code section. Such procedures should be substantially similar if not identical to those implemented to comply with Code Section 19-11-9.3.
(d) Promptly after receiving the certified list from the agency, all licensing entities shall determine whether an applicant or licensee is on the most recent certified list. If

1472

JOURNAL OF THE SENATE

an applicant or licensee is on the certified list, the licensing entity shall immediately notify the agency. That notification shall include the applicant's or licensee's last known mailing address on file with the licensing entity.
(e) After receiving notice from the licensing entity of applicants or licensees who are on the certified list, the agency shall immediately notify those individuals as specified in subsection (f) of this Code section of the agency's intent to request that all pertinent licensing entities suspend all licenses or withhold issuance or renewal of any license.
(f) Notice for purposes of this Code section shall be initiated by the agency. Notice to the borrower in default shall include the address and telephone number of the agency and shall inform the borrower in default of the agency's intent to submit the borrower's name to the relevant licensing entities and to request that the relevant licensing entities withhold issuance or renewal of the license or suspend the license. The notice must also inform the borrower in default of the following:
(1) The borrower in default has 20 days from the date of mailing to enter into a satisfactory repayment status. If the borrower in default fails to enter into a satisfactory repayment status or does not respond within that time, the agency will send notice to the appropriate licensing entities and request that the licenses be suspended or the licensure applications be denied;
(2) The borrower in default may request an administrative hearing and judicial review of that hearing under subsection (g) of this Code section. A request for a hearing must be made in writing and must be received by the agency within 20 days of service of notice; and
(3) If the borrower in default requests a hearing within 20 days of service, the agency shall stay all action pending the hearing and any appeals.
(g) All borrowers in default subject to the sanctions imposed in this Code section shall have the right to a hearing before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50. A borrower in default who requests a hearing within the time prescribed in subsection (f) of this Code section shall have the right to a hearing. The hearing shall be conducted as provided in Article 2 of Chapter 13 of Title 50 within 45 days after such demand is received. The only issues at the hearing will be whether:
(1) There is an outstanding guaranteed educational loan;
(2) The licensee or applicant is the borrower named in the loan;
(3) The borrower is or is not in default;
(4) The borrower has entered into a satisfactory repayment status;
(5) The loan obligation is not enforceable; and
(6) The loan has been restructured or the loan has been discharged under hardship provisions under the Federal Bankruptcy Code.
With respect to the issues listed in this subsection, evidence relating to the ability and willingness of a borrower to repay the loan shall be considered in making the decision either to suspend a license or or deny the issuance or renewal of a license under this Code section. The administrative law judge shall be authorized to enter into an agreement or enter an order requiring periodic payments, and, in each event, the administrative law judge shall be authorized to issue a release for the borrower to obtain each license or licenses.

FRIDAY, MARCH 13, 1998

1473

(h) The decision at the hearing shall be subject to appeal and judicial review pursuant to Article 2 of Chapter 13 of Title 50 but only as to those issues referred to in subsection (g) of this Code section. Notwithstanding any hearing requirements for suspension and denials within each licensing entity, the hearing and appeal procedures outlined in this Code section shall be the only hearing required to suspend a license or deny the issuance or renewal of a license under this Code section.
(i) The agency shall prescribe release forms for its use. When the borrower is determined to be in satisfactory repayment status or is determined to be not in satisfactory repayment status but has been determined in a hearing pursuant to subsection (g) of this Code section to be unable to comply with the terms of the loan agreement or to be not willfully out of compliance with such loan agreement, the agency shall mail to the borrower in default and the appropriate licensing entity a notice of release stating such determination. The receipt of a notice of release shall serve to notify the borrower in default and the licensing entity that, for the purpose of this Code section, he or she is in satisfactory repayment status, and the licensing entity shall promptly thereafter issue or reinstate the license, unless the agency, pursuant to subsection (b) of this Code section, certifies subsequent to the issuance of a notice of release that the borrower in default is once again not in satisfactory repayment status.
(j) The agency may enter into interagency agreements with state agencies that have responsibility for the administration of licensing entities as necessary to implement this Code section. Those agreements shall provide for the receipt by other state agencies and boards of federal funds to cover that portion of costs allowable under federal law and regulation and incurred by state agencies and boards in implementing this Code section.
(k) Any licensing entity receiving an inquiry as to the license status of an applicant who has had an application for issuance or renewal of a license denied under this Code section shall respond only that the license was suspended or the licensure application was denied pursuant to this Code section.
(1) The agency shall, and the licensing entities as appropriate may, adopt regulations necessary to implement this Code section."
SECTION 7.
Code Section 26-4-78 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for pharmacists, is amended by adding a new subsection (d) at the end thereof to read as follows:
"(d) The board shall have the power to suspend any license issued under this part when such holder is a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295. The board shall also have the power to deny the application for issuance or renewal of a license under this part when such applicant is a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295. The hearings and appeals procedures provided for in Code Section 20-3-295 shall be the only such procedures required to suspend or deny any license issued under this part."
SECTION 8.
Code Section 33-23-21 of the Official Code of Georgia Annotated, relating to grounds for refusal, suspension, or revocation of the licenses of insurance agents and others, is amended by adding at the end thereof a new paragraph (20) to read as follows:

1474

JOURNAL OF THE SENATE

"(20) Is a borrower in default who is not in satisfactory repayment status as defined by Code Section 20-3-295; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to Code Section 20-3-295 shall be the only such procedures required to suspend, deny, or revoke any license under this title."
SECTION 9.
Code Section 33-23-22 of the Official Code of Georgia Annotated, relating to notice of suspension or revocation of the licenses of insurance agents and others, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) Any license, other than a probationary license, may be suspended or revoked as provided by Code Section 33-23-21, and the Commissioner shall give notice of such action to the applicant for or holder of the license and any insurer or agent whom the applicant or licensee represents or who desires that the applicant or licensee be licensed. The procedure for conduct of hearings set forth in Chapter 2 of this title shall be followed in all cases except those cases pursuant to paragraph (19) or (20) of Code Section 33-23-21 which shall only require the hearings provided for in that either paragraph."
SECTION 10.
Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses by state examining boards, is amended in subsection (a) by striking the word "or" at the end of paragraph (10), by striking the period and inserting "; or" at the end of paragraph (11), and by adding a new paragraph (12) to read as follows:
"(12) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the applicant or licensee has entered into satisfactory repayment status so that a license may be issued or granted if all other conditions for licensure are met."
SECTION 11.
Code Section 43-39A-14 of the Official Code of Georgia Annotated, relating to the classification of real estate appraisers and grounds for refusal, is amended by adding at the end thereof a new subsection (k) to read as follows:
"(k) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such finding is sufficient grounds for refusal of a license or suspension of a license. For purposes of this subsection, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article."
SECTION 12.
Code Section 43-40-15 of the Official Code of Georgia Annotated, relating to the granting, revocation, or suspension of real estate licenses, is amended by adding at the end thereof the following subsection (1):
"(1) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such status is sufficient grounds for refusal of a license or suspension of a license. In such cases, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this chapter."

FRIDAY, MARCH 13, 1998

1475

SECTION 13. This Act shall become effective on July 1, 1998.
SECTION 14. 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:

Abernathy

Y Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

EX Bowen

Y Hill

Y Broun, 46th

Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Johnson,D

Y Cagle

Johnson, E

Y Cheeks

EX Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

Y Langford

Y Egan

Y Madden

Fort

Y Marable

EX Gillis

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

Perdue(PRS)

On the passage of the bill, the yeas were 45, 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.

HB 1578. By Representative Perry of the llth:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit driving a motor vehicle off of the premises of an establishment where gasoline offered for retail sale was dispensed into the vehicle unless payment or authorized charge has been made for such gasoline.
Senate Sponsor: Senator Oliver of the 42nd.
Senator Glanton of the 34th offered the following amendment:
Amend HB 1578 by adding on line 19 page 2 the following: 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, is amended by striking in its entirety Code Section 405-28, relating to the issuance of drivers' licenses, and inserting in its place the following:
"40-5-28.

1476

JOURNAL OF THE SENATE

(a) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinquishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee.
(b) Specifically but without lliidlatiuii, the The department may require applicants for drivers' licenses to submit fingerprints by means of an inkless fingerprint scanning device upon application; provided, however, that this subsection shall not apply to any person who objects to being fingerprinted on the ground that such activity conflicts with his or her religious beliefs."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Deleting lines 19 and 20, page 2.
Senator Glanton of the 34th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the amendment was withdrawn.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Abernathy

Y Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

EX Bowen

Y Hill

Y Broun, 46th

Y Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Y Johnson,D

Y Cagle

Johnson,E

Y Cheeks

EX 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

Glanton

Y Oliver

Y Gochenour

Perdue(PRS)

On the passage of the bill, the yeas were 45, nays 0.

Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott
Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas.N Y Thompson EX Turner Y Tysinger
Walker

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

HB 1103. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of

FRIDAY, MARCH 13, 1998

1477

Georgia for certain prior service, so as to authorize up to ten years of creditable service for certain temporary full-time employment by the legislative branch of state government.

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

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

EX 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

EX 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

Y Gochenour

Perdue(PRS)

On the passage of the bill, the yeas were 47, nays 0.

Price,R Price.T Ragan Ralston Ray Roberts Scott Starr EX Stokes Y Streat Tanksley Taylor Thomas,D Thomas,N Thompson EX Turner Y Tysinger Walker

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

HR 1034. By Representative Shaw of the 176th:

A resolution designating the William Jackson "Moogie" Lee Highway.

Senate Sponsor: Senator Blitch of the 7th.

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 Balfour Y Blitch Y Boshears EX Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts

Y Dean Y Egan Y Fort EX Gillis
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 EX Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton Y Oliver
Perdue(PRS)

1478

JOURNAL OF THE SENATE

Y Price,R

Y Scott

Y Thomas.D

Y Price,T

Y Starr

Y Thomas,N

Ragan

EX Stokes

Y Thompson

Y Ralston

Y Streat

EX Turner

Y Ray

Y Tanksley

Y Tysinger

Y Roberts

Y Taylor

Y Walker

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1642. By Representative Barnes of the 33rd:
A Bill to amend Code Section 15-1-9.2 of the Official Code of Georgia, Annotated, relating to requests for assistance of senior judges, so as to provide that any judge with a combination of ten years of service in a combination of certain courts shall be eligible for appointment as senior judge; and for other purposes.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Judiciary Committee offered the following substitute to HB 1642:
A BILL
To be entitled an Act to amend Code Section 15-1-9.2, relating to requests for assistance of senior judges, so as to provide that any judge with a combination of ten years of service in a combination of certain courts shall be eligible for appointment as senior judge; to provide for the appointment of such senior judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-1-9.2 of the Official Code of Georgia Annotated, relating to requests for assistance of senior judges, is amended by inserting immediately following subsection (a) the following:
"(a.l) Notwithstanding the provisions of subsection (a) of this Code section, any Justice of the Supreme Court of Georgia or Judge of the Court of Appeals or any superior court judge, state court judge, magistrate court judge, or juvenile court judge who ceases holding office as a judge and who has a total of ten years of service in any combination of such offices may become a senior judge. Said combination must include at least five years' service as a Justice on the Supreme Court, or Judge on the Court of Appeals, or judge of the superior court, or at least five years as total served on one, two, or three of these courts.
(a.2) Senior judge status as provided in this Code section shall be acquired by a qualified former judge's applying to the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge."
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.

FRIDAY, MARCH 13, 1998

1479

On the adoption of the substitute, the yeas were 0, nays 33, and the committee substitute was lost.
Senators Oliver of the 42nd and Thompson of the 33rd offered the following substitute to HB 1642:
A BILL
To be entitled an Act to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to allow assistance on a permanent basis in certain situations; to amend Code Section 15-1-9.2, relating to requests for assistance of senior judges, so as to provide that any judge with a combination of ten years of service in a combination of certain courts shall be eligible for appointment as senior judge; to provide for the appointment of such senior judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, is amended by striking paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) If assistance is needed from a judge from the same county, the chief judge of any court within such county of this state may make a written request for assistance to the chief judge of any other court within such county, a senior judge of the superior court, a retired judge, or a judge emeritus of any court within the county. The request by the chief judge may be made if one of the following circumstances arises:
(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;
(B) A judge of the requesting court is unable to preside because of disability, illness, or absence; or
(C) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges; or
(D) A majority of the judges of the requesting court determines that the business of the court requires the permanent assistance of an additional judge or additional judges. If the requesting court is a state or superior court, the assisting judge or assisting judges may hear and decide matters otherwise in the exclusive jurisdiction of the state or superior court without regard to time, type of case, or limitations contained in the rules of such state or superior court; provided, however, that a chief magistrate or magistrate may serve as a permanent assisting judge only in counties having a population of 180,000 or more according to the United States decennial census of 1990 or any future such census."
SECTION 2.
Code Section 15-1-9.2 of the Official Code of Georgia Annotated, relating to requests for assistance of senior judges, is amended by inserting immediately following subsection (a) the following:

1480

JOURNAL OF THE SENATE

"(a.l) Notwithstanding the provisions of subsection (a) of this Code section, any Justice of the Supreme Court of Georgia or Judge of the Court of Appeals or any superior court judge, state court judge, magistrate court judge, or juvenile court judge who ceases holding office as a judge and who has a total of ten years of service in any combination of such offices may become a senior judge. Said combination must include at least five years' service as a Justice on the Supreme Court, Judge on the Court of Appeals, or judge of the superior court, or at least five years as total served in combination as Justice on the Supreme Court, Judge on the Court of Appeals, or judge of the superior court.
(a.2) Senior judge status as provided in this Code section shall be acquired by a qualified former judge's applying to the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd offered the following amendment:
Amend the Oliver, Thompson substitute by adding the following Section, to be numbered Section 4, beginning on page 3, line 1:
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
And renumber Section 4, page 1, line one, to be designated Section 5.
On the adoption of the amendment, the yeas were 33, nays 0, and the Oliver amendment to the Oliver, Thompson substitute was adopted.
On the adoption of the substitute, the yeas were 35, nays 0, and the Oliver, Thompson substitute was adopted as amended.
Pursuant to Rule 143, action on HB 1642 was suspended and the bill was placed on the Senate General Calendar.
HB 396. By Representatives Powell of the 23rd, Williams of the 83rd, Hanner of the 159th and others:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and licensure of boxing matches, so as to provide for the licensure and regulation of promoters of boxing matches and pay-perview and closed circuit boxing match telecasts.
Senate Sponsor: Senator Henson of the 55th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 13, 1998

1481

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

EX 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

EX 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

N Glanton

Y Oliver

Y Gochenour

Perdue(PRS)

On the passage of the bill, the yeas were 47, nays 1.

Y Price,R Y PriceJ 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
Walker

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

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute and has 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 1250. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Coleman of the 142nd and Lee of the 94th.
The President resumed the Chair.
The Calendar was resumed.

HB 353. By Representatives Ashe of the 46th, Smith of the 175th, Coleman of the 80th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Code Section 20-2-255, relating to petitions for charter school status; to enact the "Charter Schools Act of 1997".
Senate Sponsor: Senator Land of the 16th.
The Senate Committee on Education offered the following substitute to HB 353:

1482

JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Code Section 20-2-255, relating to petitions for charter school status; to remove a certain limitation regarding advance capital outlay funding for construction projects to consolidate or reorganize schools; to enact the "Charter Schools Act of 1998"; to provide for a short title; to provide for legislative intent; to define certain terms; to provide for the contents of charter school petitions; to provide for the approval or denial of charter school petitions by a local board; to provide for the granting of charters by the State Board of Education; to provide for the renewal of such charters; to establish certain requirements with respect to the operation of charter schools; to provide for the admission and enrollment of students in charter schools; to prohibit certain reprisals; to provide for the amendment and termination of a charter and for a declaration that a charter is null and void; to provide for certain duties of the State Board of Education and local boards with respect to the provision of funds to a charter school; to establish an Office of Charter School Compliance and provide for its responsibilities; to require certain reports; to provide for the continuing validity of certain charters which are in effect on July 1, 1998; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by repealing Code Section 20-2-255, relating to petitions for charter school status.
SECTION 2.
Said chapter is further amended in Code Section 20-2-260, relating to the provision of capital outlay funds to local school systems under the 'Quality Basic Education Act,' is amended by striking in its entirety subsection (i) and inserting in lieu thereof a new subsection (i) to read as follows:
"(i) Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, how-
6V61*j tlifl-t tJ&Cll iuC&l SCilOOl SySttJiil IS IIIIULcu. tu GUt? jJiLujeCt jjci1 I1SCLL yefcii' t;XCt!|it; WTlti.ii
a cscCOHu. )rGJGCL IS TeQuii'tJU. to eiiucLu.cit;t; COlicsOilCiciLiOIl Oi' i't:Ot*^ttIllZfcil/iOii OI tilt; SCilOOlS
simultaneously and that each construction project meets the following conditions:
(1) A school size and organizational study has been completed by the Department of Education;
(2) The local school system has adopted a comprehensive plan to reorganize so that each school within the system funded under this subsection shall meet or exceed the minimum sizes specified in subsection (q) of this Code section or contain all the students within the local school system for the respective school level; provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration;
(3) The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education;
(4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the pro-

FRIDAY, MARCH 13, 1998

1483

posed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed;
(5) The combined project total would otherwise require more than three years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;
(6) A schedule for funding the activities required to effect the reorganization or consolidation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period;
(7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and
(8) The required local participation and all other procedural requirements of this Code section are met."
SECTION 3.
Said chapter is further amended by adding at the end thereof a new Article 31 to read as follows:
"ARTICLE 31
20-2-2060.
This article shall be known and may be cited as the 'Charter Schools Act of 1998.'
20-2-2061.
It is the intent of the General Assembly to provide a means whereby:
(1) Local schools may choose to substitute an academic or vocational performance based contract or academic and vocational performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the provisions of this title other than the provisions of this article; and
(2) Private individuals, private organizations, or state or local public entities (excluding home study programs or schools; sectarian or religious schools; private for profit schools; private educational institutions not established, operated, or governed by the State of Georgia; and existing private schools) may establish a local school which is subject to an academic or vocational performance based contract or academic and vocational performance based contract approved by both state and local boards of education, called a charter, which exempts the local school from state and local rules, regulations, policies, and procedures and from the provisions of this title other than the provisions of this article.
20-2-2062.
As used in this article, the term:
(1) 'Charter' means an academic or vocational performance based contract or an academic and vocational performance based contract between the state board, a local

1484

JOURNAL OF THE SENATE

board of education, and a charter petitioner, the terms of which are approved by the local board of education and by the state board.
(2) 'Charter petitioner' means a local school, private individual, private organization, or state or local public entity which submits a petition for a charter. The term 'charter petitioner' does not include home study programs or schools, sectarian schools, religious schools, private for profit schools, private educational institutions not established, operated, or governed by the State of Georgia, or existing private schools.
(3) 'Charter school' means a school that is operating under the terms of a charter granted by the state board.
(4) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V, Paragraph II of the Constitution.
(5) 'Local school' means a public school in Georgia which is under the management and control of a local board.
(6) 'Local school system' means the system of public schools established and maintained by a local board within its limits pursuant to Article VIII, Section V, Paragraph I of the Constitution.
(7) 'Minimum state standards' means such minimum standards as are established by the state board as a condition of continued state fiscal assistance to a local school system.
(8) 'Petition' means a proposal to enter into a charter.
(9) 'State board' means the State Board of Education.
20-2-2063.
A petition which is submitted by a charter petitioner to a local board or the state board under Code Section 20-2-2064 shall:
(1) Describe a plan for improvement that addresses how the charter petitioner proposes to improve student learning and meet minimum state standards;
(2) Outline proposed verifiable academic or vocational performance based criteria or verifiable academic and vocational performance based criteria that will be used during the term of the charter to measure the progress of the charter petitioner in improving student learning and meeting minimum state standards;
(3) Describe how parents or guardians of students enrolled in the school, as well as the faculty, instructional staff, and the broader community, were and will be directly and substantially involved in developing the petition, developing and implementing the improvement plan, and identifying academic or vocational performance based criteria;
(4) Describe how the concerns of parents or guardians of students enrolled in the school, faculty, instructional staff, and the broader community will be solicited and addressed in evaluating the effectiveness of the improvement plan;
(5) Provide for the charter school to be subject to the control and management of the local board of the local school system in which the proposed charter school will be located, as provided in the charter and in a manner consistent with the Constitution;

FRIDAY, MARCH 13, 1998

1485

(6) Provide for a governing body, the majority of the members of which shall be parents or guardians of students enrolled in the charter school who are not employed by the school or by the local school system in which the charter school is located, which shall be:
(A) Responsible for carrying out the terms of the charter;
(B) Subject to the control and management of the local board for that school system, as provided in the charter and in a manner consistent with the Constitution; and
(C) Subject to the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50;
(7) For petitions filed by charter petitioners other than a local school, specify whether the charter petitioner elects that the charter school be organized and operated as a nonprofit corporation under the laws of this state;
(8) Provide for personnel matters involving the faculty, instructional staff, and other employees of the charter school including, but not limited to, employment status, certification, and evaluation;
(9) Provide for financial policies and procedures proposed to be followed by the charter school to assure sound fiscal management and by the local board to assure a predictable flow of funds to the charter school;
(10) Specify the proposed duration of the charter, not to exceed five years; and
(11) Provide for the extent to which the charter school will be subject to the provisions of this title and state and local rules, regulations, policies, and procedures; provided, however, that the provisions of this article shall apply to the charter school notwithstanding any provision in the charter to the contrary.
20-2-2064.
(a) A charter petitioner may submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a complete petition no later than 60 days after its submission; provided, however, that the local board shall not act upon a petition submitted by a local school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and
(2) Has been freely agreed to by a majority of parents or guardians present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the local board for its approval.
The state board may mediate between the local board and a charter petitioner whose petition was denied to assist in obtaining approval of the petition, but such approval must be obtained by majority vote of the local board.
(b) The state board may grant a charter to a charter petitioner whose petition:
(1) Has first been approved by the local board of the local school system in which the proposed charter school will be located, pursuant to subsection (a) of this Code section;

1486

JOURNAL OF THE SENATE

(2) For petitions submitted by a local school, has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of a petitioning local school at a meeting called with two weeks' advance notice for the purpose of deciding whether to submit the locally approved petition to the state board;
(3) For petitions submitted by a local school, has been freely agreed to by a majority of the parents or guardians of students enrolled at a petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the locally approved petition to the state board; and
(4) The state board finds meets the requirements set forth in Code Section 20-22063 and is in the public interest with respect to the applicability to the proposed charter school of the provisions of this title and state rules, regulations, policies, and procedures;
provided, however, that the state board shall not grant a charter to a home study program or school, sectarian or religious school, private for profit school, a private educational institution not established, operated, or governed by the State of Georgia, or an existing private school.
(c) The initial term of a charter shall not exceed five years. The state board may renew a charter, upon the written request of the governing body of the charter school and the local board which approved that school's charter, for the period of time specified in the request, not to exceed five years.
20-2-2065.
(a) A charter school shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school which is also not home based;
(2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution;
(3) If the petition which was the basis for the charter so provided pursuant to paragraph (7) of Code Section 20-2-2063, organized and operated as a nonprofit corporation under the laws of this state;
(4) Subject to all federal, state, and local rules, regulations, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct;
(5) Subject to all laws relating to unlawful conduct in or near a public school; and
(6) Subject to an annual financial audit in the manner required of a local school.
(b) Except as provided in this article and in the charter, a charter school shall not be subject to the provisions of this title or any state or local rule, regulation, policy, or procedure relating to schools within the applicable local school system, regardless of whether such rule, regulation, policy, or procedure is established by the local board, the state board, or the state Department of Education.
20-2-2066.
(a)(l) A charter school shall enroll any student who resides in the school district in which the charter school is located and who submits a timely application unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all such applicants shall have an equal chance of being ad-

FRIDAY, MARCH 13, 1998

1487

mitted through a random selection process; provided, however, that a charter school shall give enrollment preference to such students who reside in the attendance zone in which the charter school is located and may give enrollment preference to a sibling of a resident student currently enrolled in the charter school.
(2) A student who resides outside the school district in which the charter school is located may not enroll in that school except pursuant to a contractual agreement between the local boards of the school system in which the student resides and the school system in which the charter school is located. Unless otherwise provided in such contractual agreement, a charter school may give enrollment preference to and enroll a sibling of a nonresident student currently enrolled in the charter school.
(b) A charter school shall not discriminate on any basis that would be illegal if used by a school system.
(c) A student may withdraw without penalty from a charter school at any time and enroll in another local school in the school district in which such student resides. A student who is suspended or expelled from a charter school as a result of a disciplinary action taken by a charter school shall be entitled to enroll in a local school within the local school system in which the student resides, if, under the disciplinary policy of the local school system, such student would not have been subject to suspension or expulsion for the conduct which gave rise to the suspension or expulsion. In such instances, the local board shall not be required to independently verify the nature or occurrence of the applicable conduct or any evidence relating thereto.
20-2-2067.
A local board of education or a school system employee who has control over personnel actions shall not take unlawful reprisal against another employee of the school system because such other employee is directly or indirectly involved with a petition to establish a charter school. A local board of education or a school system employee shall not take unlawful reprisal against an educational program of any school or school system because a petition to establish a charter school proposes the conversion of such educational program to a charter school. As used in this subsection, the term 'unlawful reprisal' means an action taken by a local board of education or a school system employee as a direct result of a lawful petition to establish a charter school which action is adverse to another employee and which is not lawfully taken in response to any action or behavior of such employee or is adverse to an educational program of the school or the school system and:
(1) With respect to such other employee, results in one or more of the following:
(A) Disciplinary or corrective action;
(B) Transfer or reassignment, whether temporary or permanent;
(C) Suspension, demotion, or dismissal;
(D) An unfavorable performance evaluation;
(E) A reduction in pay, benefits, or awards;
(F) Elimination of the employee's position without a reduction in force by reason of lack of moneys or work; or
(G) Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification; or
(2) With respect to an educational program, results in one or more of the following:
(A) Suspension or termination of the educational program;

1488

JOURNAL OF THE SENATE

(B) Transfer or reassignment of the educational program to a less favorable department;
(C) Relocation of the educational program to a less favorable site within the school or school system; or
(D) Significant reduction or termination of funding for the educational program, unless necessitated by unfunded mandates from federal or state decisions which result in a significant reduction in funds available to the local board of education and which result in a proportionate loss of funding for all schools in the system.
20-2-2068.
(a) The state board may declare a charter null and void if a majority of the parents or guardians of students enrolled at the charter school who are present at a public meeting called with two weeks' advance notice and for the purpose of deciding whether to request the state board to declare the charter null and void vote to approve such request and such majority of parents or guardians vote to affirm such request at another public meeting, which occurs within 30 days of the first meeting and which is called with two weeks' advance notice for the purpose of affirming the earlier vote.
(b)(l) The state board, after providing reasonable notice to the governing body of a charter school and an opportunity for a hearing, may terminate a charter during its term for any of the following grounds:
(A) Failure to implement the improvement plan set forth in the charter;
(B) Failure to adhere to any other term of the charter.
(C) Failure to meet generally accepted standards of fiscal management;
(D) A violation of applicable federal, state, or local laws; or
(E) The existence of competent substantial evidence that the continued operation of the charter school would be contrary to the best interests of the students or the community.
(2) The state board shall act upon a written request of a local board for termination of a charter for a charter school located within its school system within 30 days of the date on which such request is submitted. If, prior to making such request, the local board provided reasonable notice to the governing body of a charter school and an opportunity for hearing, and determined that any of the grounds listed in paragraph (1) of this subsection had been met, such determination shall be binding on the state board.
(c) The terms of a charter may be amended during the term of the charter upon the approval of the local board, the state board, and a majority of the governing body of the charter school or, in the case of a charter school which was formerly a local school, a majority of the faculty, instructional staff, and parents or guardians present at a public meeting called with two weeks' notice and for the purpose of deciding whether to amend the terms of the charter.
~(d) A charter school shall be included in the allotment of funds to the local school system in which the charter school is located under Article 6 of Chapter 2 of this title. The local board and state board shall treat the charter school no less favorably than other local schools located within the applicable local school system with respect to the provision of funds for instructional and administrative programs and, where feasible, transportation and building programs.

FRIDAY, MARCH 13, 1998

1489

(e) The governing body of a charter school shall provide an annual report to parents or guardians, the community, the local board, and the state board which indicates the progress made by the charter school in the previous year in implementing its improvement plan.

20-2-2069.

There is established within the Department of Education an Office of Charter School Compliance, the responsibilities of which shall be to:

(1) Prepare charter school guidelines to be approved by the state board;

(2) Distribute charter school petition information to inquiring parties;

(3) Process all charter school petitions for consideration by the state board;

(4) Administer any state or federal charter school implementation grant program;

(5) Contract with an independent party to evaluate the performance of charter schools, as such performance relates to fulfilling the terms of their charters; and

(6) Compile information necessary to produce the annual report required by Code Section 20-2-2070.

20-2-2070.

The state board shall report to the General Assembly no later than November 1 of each year on the status of the charter school program.

20-2-2071.

Any charter which was granted pursuant to Code Section 20-2-255 and is in effect on July 1, 1998, shall continue to be valid until such charter expires according to its terms."

SECTION 4.

This Act shall become effective on July 1, 1998, and shall apply to petitions filed on and after that date.

SECTION 5.

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

On the adoption of the substitute, the yeas were 41, 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:

Abernathy Y Balfour Y Blitch Y Boshears EX Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay

Y Crotts Y Dean Y Egan N Fort EX Gillis N Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill

Y Hooks Y Muggins Y James Y Johnson,D Y Johnson,E EX Kemp Y Lamutt Y Land Y Langford Y Madden
Marable Y Middleton

1490

JOURNAL OF THE SENATE

Y Oliver

Y Roberts

Y Perdue

Y Scott

Y Price,R

Y Starr

Y Price.T

EX Stokes

Y Ragan

Y Streat

Y Ralston

Y Tanksley

Y Ray

Y Taylor

On the passage of the bill, the yeas were 46, nays 2.

Y Thomas.D Y Thomas,N Y Thompson EX Turner Y Tysinger
Walker

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

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

HB 1250. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999.
Senator Hooks of the 14th moved that the Senate adhere to its substitute, and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 1; the motion prevailed, and the President appointed as a Conference Committee on the part of the Senate the following Senators: Hooks of the 14th, Walker of the 22nd, and Perdue of the 18th.
The Calendar was resumed.

HB 1660. By Representative Buck of the 135th:

A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to provide for additional deductions with respect to certain bad credit card debts.

Senate Sponsor: Senator Perdue of the 18th.

The report of the committee, which was favorable to the 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 EX 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 EX Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins Y James Y Johnson,D
Johnson.E EX Kemp

Y Lamutt Y Land
Langford Y Madden Y Marable Y Middleton Y Oliver Y Perdue
Price,R Y Price.T
Ragan Y Ralston Y Ray Y Roberts Y Scott

FRIDAY, MARCH 13, 1998

1491

Y Starr EX Stokes

Y Taylor Y Thomas.D

Y Streat

Y Thomas,N

Y Tanksley

Y Thompson

On the passage of the bill, the yeas were 45, nays 0.

EX Turner Y Tysinger
Walker

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

HB 1163. By Representatives Walker of the 141st, Hanner of the 159th, Murphy of the 18th and others:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to establish a requirement for owners of large public waste-water treatment facilities to privatize the operation and maintenance of their systems if violations of permits occur.
Senate Sponsor: Senator Land of the 16th.

The Senate Natural Resources Committee offered the following amendment: Amend HB 1163 by striking line 21 of page 2 and inserting in lieu thereof the following:
"water around the treatment facility, excluding sewer system overflows; provided, however,". By striking line 8 on page 5 and inserting in lieu thereof the following: "paragraph (5) of subsection (d) of this Code section,". By striking line 13 on page 5 and inserting in lieu thereof the following: "(5) of subsection (d) of this Code section." On the adoption of the amendment, the yeas were 35, nays 0, and the amendment (26 0222) was adopted.

The Senate Natural Resources Committee offered the following amendment:
Amend HB 1163 by striking the quotation marks at the end of line 25 of page 5 and by inserting after line 25 of page 5 the following:
"(g) The committee shall, by rules adopted pursuant to the provisions of Title 50, establish criteria for evaluation of the eligibility of any contractors bidding on privatizations consistent with subsection (c) of this Code section, and such criteria shall include, but not be limited to, a review of such contractors' previous performance on projects of comparable magnitude, the environmental compliance record of such contractors, and any civil or criminal penalties incurred by such contractors during the five years immediately preceding the execution of the contract. Such criteria shall provide a basis for determining the eligibility of any contractor. All information required by the committee pursuant to this subsection shall be provided by the contractor under oath."
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment (26 0230) was adopted.

Senator Langford of the 29th offered the following amendment:

1492

JOURNAL OF THE SENATE

Amend HB 1163 by inserting on line 9 of page 1, following the word and symbol "comply;", the following:

"to create the Middle Chattahoochee Water Authority; to define certain terms; to provide for membership; to provide for powers and duties; to declare a water quality emergency; to provide for the condemnation of certain public property;"

By inserting immediately following line 25 of page 5 the following: "SECTION 1.1.

Said article is further amended by designating the existing portion of said article as Tart 1'; by striking the word 'article' wherever such term appears in the text of said article and inserting in lieu thereof the word 'part'; and by inserting at the end of said article the following:

"12-5-60.

'Part 2

As used in this part, the term:
(1) 'Authority' means the Middle Chattahoochee Water Authority created by this part.

(2) 'Jurisdictional waters' means the Chattahoochee River from the Buford Dam to the West Point Dam and all tributaries to such waters.
(3) 'Water facility' means a waste-water treatment facility or a potable water treatment facility.

(4) 'Water system' means a sewer system or a potable water distribution system. 12-5-61.

(a) There is created the Middle Chattahoochee Water Authority.

(b) The membership of the authority shall be determined as follows:
(1) The Governor shall appoint one member of the authority from the public at large and, in addition, shall appoint one member each from Forsyth, Gwinnett, Fulton, Cobb, DeKalb, Douglas, Coweta, Heard, and Troup counties;

(2) The commissioner of natural resources or his or her designee shall be a member ex officio and shall have a vote; and

(3) The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee shall be a member ex officio, but such member shall have no vote.
12-5-62.

(a) The General Assembly declares that a water quality emergency exists in the Chattahoochee River from the Buford Dam to the West Point Dam and all tributaries to such waters.
(b) The director of the Environmental Protection Division of the Department of Natural Resources shall notify the authority and the chairperson of the State Properties Commission when he or she finds that any political subdivision which discharges waste water into the Jurisdictional waters has been seriously out of compliance with state or federal clean water standards for three consecutive months or longer. Upon such notification, the authority, by and through the State Properties Commission, may begin condemnation proceedings to acquire all public property directly related to any water facility and water system owned by the political subdivision.

FRIDAY, MARCH 13, 1998

1493

12-5-63.

The authority shall have the power to employ an executive director; to employ such personnel as the board deems necessary; to hold any property acquired through condemnation, as provided in subsection (b) of Code Section 50-16-173; to own and operate water facilities and water systems for the benefit of the citizens of one or more political subdivisions and to charge a reasonable fee for such service; to contract with any public or private entity for the operation of such water facilities or water systems; to provide consulting services and technical assistance to member political subdivisions to assist them in complying with state and federal environmental laws, permits, and regulations; to purchase any real property contiguous to the jurisdictional waters through the powers of eminent domain or otherwise; provided, however, that no such real property shall be condemned unless two-thirds of the members of the board of governors voting on the question agree to do so; to hold and manage real property for the protection and preservation of the environment and ecology in accordance with sound environmental practices; to issue revenue bonds subject to the provisions of Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law'; and to apply for and accept federal funds and to receive funding from appropriation by the General Assembly or from any other source. The authority shall not have the power to dispose of any property it acquired through the condemnation of public property; provided, however, that the General Assembly may transfer such property to the political subdivision from which it was condemned in the manner provided by general law for such transfers.

12-5-64.

The authority shall be authorized to receive and expend funds from the issuance of revenue bonds, appropriations by the General Assembly, federal and state grants, voluntary contributions from the counties abutting the jurisdictional waters, and any other source of funding.
12-5-65.

The authority shall not be liable for any obligations of a political subdivision in which the authority exercises the power of condemnation, including without limitation any fines levied against any such political subdivision, except that any security interest in or perfected lien against any property so acquired by the authority shall survive the condemnation."'"
Senator Langford of the 29th offered the following amendment:
Amend the Langford amendment (21 0778) by striking on page 3, lines 15-28.
On the adoption of the amendment, the yeas were 12, nays 23, and the Langford amendment to the Langford amendment (21 0778) was lost.
On the adoption of the Langford amendment (21 0778), the President ordered a roll call, and the vote was as follows:

Abernathy Y Balfour N Blitch N Boshears EX Bowen N Broun, 46th N Brown, 26th Y Brush N Burton

N Cagle N Cheeks Y Clay N Crotts N Dean Y Egan N Fort EX Gillis

N Glanton Y Gochenour N Griffin N Guhl N Harbison N Henson Y Hill N Hooks N Huggins

1494

JOURNAL OF THE SENATE

N James

N Oliver

EX Stokes

Y Johnson,D

N Perdue

N Streat

N Johnson,E

Y Price,R

Y Tanksley

EX Kemp

N Price,T

N Taylor

Y Lamutt

N Ragan

N Thomas,D

N Land

N Ralston

Y Thomas,N

Y Langford

N Ray

Y Thompson

N Madden

Y Roberts

EX Turner

N Marable

N Scott

Tysinger

N Middleton

N Starr

N Walker

On the adoption of the amendment, the yeas were 14, nays 35, and the Langford

amendment (21 0778) 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:

Abernathy

Y Griffin

Y Balfour

Y Guhl

Y B:itch

Y Harbison

Y Boshears

Y Henson

EX Bowen

Y Hill

Y Broun, 46th

Hooks

Y Brown, 26th

Y Huggins

Y Brush

N James

Y Burton

Y Johnson,D

Y Cagle

Y Johnson,E

Y Cheeks

EX Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

Y Langford

Y Egan

Y Madden

N Fort

Y Marable

EX Gillis

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

Y Perdue

On the passage of the bill, the yeas were 46, nays 2.

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
Thomas,N Y Thompson EX Turner Y Tysinger Y Walker

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1126. By Representative Connell of the 115th: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Golf Hall of Fame Authority.
Senate Sponsor: Senator Broun of the 46th. The Senate Committee on Economic Development, Tourism and Cultural Affairs offered the following substitute to HB 1126:
A BILL
To be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Golf Hall

FRIDAY, MARCH 13, 1998

1495

of Fame Authority; to provide for a short title; to provide for definitions; to provide for the name, status, membership, powers, and duties of the authority; to provide for officers, an executive committee and other committees and subcommittees, and personnel; to provide for appointment, compensation, expenses, terms, and vacancies of members of the authority; to provide for the management and operation of the authority; to provide for the purpose of the authority; to provide for contracts with the Georgia Golf Hall of Fame Board; to provide for covenants by the state; to provide for exemptions from taxation; to provide for actions and the venue thereof; to provide for the exercise of police powers; to provide for a security force and the powers and duties thereof; to provide for trust funds; to provide for the fixing of rentals, charges, and other fees; to provide that the Attorney General shall provide for legal services to the authority; to provide for the issuance of revenue bonds and the practices, procedures, terms, and conditions thereof; to provide for investment in the bonds of the authority; to provide for other matters relative to the authority; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by adding at the end thereof a new Part 13 to read as follows:
"Part 13
12-3-580.
This part shall be known and may be cited as the 'Georgia Golf Hall of Fame Authority Act.'
12-3-581.
As used in this part, the term:
(1) 'Authority' means the Georgia Golf Hall of Fame Authority.
(2) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia.
(3) 'Project' means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utilities; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes.

1496

JOURNAL OF THE SENATE

12-3-582.
(a) There is created a body corporate and politic to be known as the Georgia Golf Hall of Fame Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring actions, complain and implead in any judicial, administrative, arbitration, or other action or proceeding, and, to the extent permitted by law, have actions brought against it, be impleaded, and defend in such proceedings.
(b) The authority shall consist of 15 members who shall serve terms of six years from the date of their appointment. Nine members shall be appointed by the Governor, three members shall be appointed by the Lieutenant Governor, and three members shall be appointed by the Speaker of the House of Representatives; but all members shall be appointed from the same persons who comprise the Georgia Golf Hall of Fame Board. No person at any time may serve on only the Georgia Golf Hall of Fame Board or the authority, but rather a member of either must at all times serve on both.
(c) The authority shall elect the chairperson of the authority for a term of one year from among the members of the authority. The authority shall elect one of its members as vice chairperson and shall elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.
(d) The authority may adopt, alter, or repeal bylaws for its government as is deemed necessary but is under no duty to do so.
(e) The authority may designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the authority and each of which, to the extent provided in the bylaws of the authority, shall have and may exercise such authority as the authority may delegate to it. Any such committee shall act by a majority of its members. The designation of any such committee and the delegation thereto of authority shall not operate to relieve the authority or any member thereof of any responsibility imposed by law.
(f) Any eight members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted by this part. No vacancy on the authority shall impair the right of a quorum to transact any and all business as provided in this subsection.
(g) The unexpired term of any member who ceases to serve from any cause shall be filled in the same manner that such member was originally appointed to the authority.
(h) The members of the authority shall receive for each day that such members are in attendance at a meeting of the authority a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21, and the members of the authority shall not receive any other compensation for their services as such.
12-3-583.
The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with a proper statement of the authority's financial position, at the close of its fiscal year each year to the state auditor. The books and records shall be inspected and audited by the state auditor at least once each year.

FRIDAY, MARCH 13, 1998

1497

12-3-584.
(a) Without limiting the generality of any provision of this part, the general purpose of the authority is declared to be:
(1) Constructing and maintaining a facility and related attractions to house the Georgia Golf Hall of Fame to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere; and
(2) Operating, advertising, and promoting the Georgia Golf Hall of Fame.
(b) The authority shall have the following powers:
(1) To bring actions, complain, and implead in any judicial, administrative, arbitration, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings;
(2) To have a seal and alter the same at its pleasure;
(3) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation;
(4) To acquire by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to sell, convey, exchange, transfer, lease, sublease, and dispose of all real and personal property of every kind and character or any interest therein for its corporate purposes;
(5) To have custody and control of any real property acquired by the state, through its State Properties Commission, for the benefit of the authority and to construct the Georgia Golf Hall of Fame buildings and facilities on that property;
(6) To make all contracts and to execute all instruments necessary or convenient to its purposes;
(7) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body;
(8) To borrow money for any of its corporate purposes and to provide for the payment of same, as may be permitted under the Constitution and the laws of the State of Georgia;
(9) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or through other means by authority of the General Assembly for any of the purposes of this authority;
(10) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates, to be determined by the authority;
(11) To sell or authorize others to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority;
(12) To contract with the state and its departments or any county, municipal corporation, political subdivision, public corporation, or public authority with respect to activities, services, or facilities the contracting parties are authorized by law to undertake or provide;

1498

JOURNAL OF THE SENATE

(13) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and the laws of the State of Georgia;
(14) To do all things necessary or convenient to carry out the powers and purposes of the authority;
(15) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(16) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project;
(17) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received;
(18) To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise; and
(19) To appoint special advisory committees and panels of citizens to advise the authority of certain issues and to reimburse the individuals appointed for actual expenses incurred in performing their tasks.
12-3-585.
The authority is authorized to contract with the Georgia Golf Hall of Fame Board, created by Part 2 of Article 4 of Chapter 12 of Title 50, to exercise on behalf of the board, such future responsibility in connection with the acquisition, construction, operation, management, and maintenance of the project as is now or may be vested in the board; and the board is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said board relating to the project, together with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority under such contract. Under contract with the board, as authorized in this Code section, the authority, on behalf of the board, shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as defined in this part, on property owned by or leased by the authority or the State of Georgia in Augusta-Richmond County, Georgia, the cost of the project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the board

FRIDAY, MARCH 13, 1998

1499

heretofore taken in connection with such contractual relationship are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing in this part shall affect the powers or duties of the Georgia State Financing and Investment Commission or the State Properties Commission. Nothing in this Code section nor anything in any contract between the authority and the board shall prevent the board from contracting for any other exercise of its powers necessary or convenient to the board.
12-3-586.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. However, in no event shall the exemptions granted in this Code section extend to any lessee or other private persons or entity.
12-3-587.
Any action against the authority to protect or enforce any rights under the provisions of this part shall be brought in the Superior Court of Richmond County, Georgia, and such court shall have exclusive original jurisdiction of such actions.
12-3-588.
(a) The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the United States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which its facilities are located.
(b) The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority and within the territory thereof. The security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a law enforcement officer of the county in which he or she is discharging his or her duties.
12-3-589.
All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part.

1500

JOURNAL OF THE SENATE

12-3-590.
The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof and to charge and collect the same and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project.
12-3-591.
The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
12-3-592.
(a) The authority or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority is authorized at one time, or from time to time, to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in subsection (n) of this Code section for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds.
(b) The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
(c) In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupon ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. All such bonds shall be signed by the chairperson or vice chairperson of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairperson or vice chairperson of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
(d) All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state.

FRIDAY, MARCH 13, 1998

1501

(e) The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority.
(f) The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairperson or vice chairperson of the authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in subsection (k) of this Code section.
(g) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
(h) The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost.
(i) Revenue bonds may be issued without the conducting of any proceedings, the existence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members.
(j) Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state. Such bonds shall be payable solely from the fund provided for in subsections (m) through (p) of this Code section, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section.
(k)(l) In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside of the state. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority.
(2) Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued.

1502

JOURNAL OF THE SENATE

(3) The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.
(4) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority.
(5) All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project and of the cost of the project affected by such indenture.
(1) The authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide.
(m) Unless otherwise pledged and allocated, any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide.
(n) Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agents for paying principal and interest; and
(4) Any premium upon bonds retired by call or purchase.
(o) The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another.
(p) Subject to the provisions of the resolution authorizing the issuance of the bonds or to the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
(q) Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such

FRIDAY, MARCH 13, 1998

1503

holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right which the authority may possess and, in the pursuit of his or her or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.
(r) The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof; the rights of the holders thereof; and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable.
(s) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall constitute a contract with the holders of such bonds.
(t) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instrumentality, department, agency, or person contracting with the authority.
(u) No bonds shall be issued by the authority under this part unless the issuance of such bonds has been reviewed and approved by the Georgia State Financing and Investment Commission.
(v) The bonds authorized by this part are made securities in which all public officers and bodies of this state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business;

1504

JOURNAL OF THE SENATE

all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized."

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 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:

Abernathy

Y Griffin

Y Balfour Blitch
Y Boshears EX Bowen

Guhl Y Harbison Y Henson Y Hill

Y Broun, 46th Y Brown, 26th
Brush

Y Hooks Y Huggins Y James

Y Burton Y Cagle Y Cheeks
Clay

Y Johnson,D Y Johnson,E EX Kemp Y Lamutt

Y Crotts Y Dean
Egan

Y Land Langford
Y Madden

Y Fort EX Gillis
Glanton Y Gochenour

Y Marable Y Middleton Y Oliver Y Perdue

On the passage of the bill, the yeas were 42, nays 0.

Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott
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.

HB 1641. By Representative Barnes of the 33rd:
A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Annotated, relating to liability of voluntary health care providers and sponsoring

FRIDAY, MARCH 13, 1998

1505

organizations, so as to provide for an exemption from liability under certain circumstances for chiropractors who provide voluntary health care services.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Health and Human Services Committee offered the following substitute to HB 1641:
A BILL
To be entitled an Act to amend Code Section 51-1-29.1 of the Official Code of Georgia Annotated, relating to liability of voluntary health care providers and sponsoring organizations, so as to provide for an exemption from liability under certain circumstances for chiropractors and physical therapists who provide voluntary health care services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 51-1-29.1 of the Official Code of Georgia Annotated, relating to liability of voluntary health care providers and sponsoring organizations, is amended by striking subsection (a) of said Code section and inserting in its place the following:
"(a) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:
(1) No health care provider licensed under Chapter 9, 11, 26, 30, 33, or 34 of Title 43 who voluntarily and without the expectation or receipt of compensation provides professional services, within the scope of such health care provider's licensure, for and at the request of a hospital, public school, nonprofit organization, or an agency of the state or one of its political subdivisions or provides such professional services to a person at the request of such an organization, which organization does not expect or receive compensation with respect to such services from the recipient of such services; or
(2) No licensed hospital, public school, or nonprofit organization which requests, sponsors, or participates in the providing of the services under the circumstances provided in paragraph (1) of this subsection
shall be liable for damages or injuries alleged to have been sustained by the person nor for damages for the injury or death of the person when the injuries or death are alleged to have occurred by reason of an act or omission in the rendering of such services."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senators Price of the 56th and Thompson of the 33rd offered the following amendment:
Amend the committee substitute to HB 1641 by adding on page 1, line 30, after the word "services" the following:
"Nothing in this code section shall be construed to change the scope of practice of any health care provider granted immunity herein."
On the adoption of the amendment, the yeas were 33, nays 0, and the Price, Thompson amendment to the committee substitute was adopted.

1506

JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by 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 Griffin

Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

EX 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

EX Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

Y Langford

Egan

Y Madden

Y Fort

Y Marable

EX Gillis

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

Y Perdue

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
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.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House:

HB 1352. By Representative Lane of the 146th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the saltwater separation point; to change certain provisions relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state.
The House has disagreed to the Senate substitutes to the following bills of the House:

HB 1394. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft.

FRIDAY, MARCH 13, 1998

1507

HB 1253. By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Program.
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 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.
The Speaker has appointed on the part of the House, Representatives Polak of the 67th, Culbreth of the 132nd and Skipper of the 137th.
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 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 Speaker has appointed on the part of the House, Representatives Purcell of the 147th, Hanner of the 159th and DeLoach of the 172nd.
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 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.
The Speaker has appointed on the part of the House, Representatives Hudson of the 156th, Barnes of the 33rd and Stancil of the 91st.
The Calendar was resumed.
HB 1086. By Representatives Henson of the 65th, Orrock of the 56th, Trense of the 44th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide legislative findings and declarations relative to osteoporosis occurrence, prevention, detection, and treatment; to provide for patient education relative to osteoporosis prevention and treatment; to provide for certain required insurance coverage.

1508

JOURNAL OF THE SENATE

Senate Sponsor: Senator Johnson of the 2nd.
Senators Streat of the 19th and Johnson of the 1st offered the following amendment:
Amend HB 1086 as follows on Page 1, line 6 - delete the words "provide for certain required" and insert the words "make available certain"
Page 2, line 4 - delete the word "mandate" and insert the words "make available"
Page 3, line 26 - delete the words "be deemed to include" and insert the words "make available as a part of the plan, policy or contract or as an optional endorsement to the plan, policy or contract"
On the adoption of the amendment, Senator Balfour of the 9th called for the yeas and nays. The call was sustained and the vote was as follows:

Abernathy

Griffin

Y Price,R

Y Balfour

Guhl

Y Price,T

N Blitch

Harbison

N Ragan

N Boshears

Henson

Y Ralston

EX Bowen

Hill

Y Ray

N Broun, 46th

Hooks

Y Roberts

Brown, 26th

Huggins

N Scott

Brush

James

Y Starr

Burton

Johnson,D

EX Stokes

Cagle

Johnson,E

Y Streat

Cheeks

EX Kemp

Y Tanksley

Clay

Y Lamutt

N Taylor

Crotts

Land

Y Thomas.D

Dean

Langford

N Thomas,N

Egan

Madden

Y Thompson

Fort

Marable

EX Turner

EX Gillis

Middleton

Y Tysinger

Y Glanton

Oliver

N Walker

Y Gochenour

Perdue

On the adoption of the amendment, the yeas were 34, nays 16, and the Streat, John-

son of the 1st amendment was adopted.

Senator Price of the 56th offered the following amendment:

Amend HB 1086 by adding on page 3, line 14, after the word "with" the following:

"osteoporotic"

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

Y Abernathy Y Balfour Y Blitch Y Boshears EX 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 EX Gillis Y Glanton Y Gochenour

Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins Y James
Johnson,D Y Johnson,E

FRIDAY, MARCH 13, 1998

1509

EX Kemp Y Lamutt

Y Price,R Y Price,T

Y Streat Y Tanksley

Y Land Y Langford Y Madden

Y Ragan Y Ralston Y Ray

Y Taylor Y Thomas,D Y Thomas,N

Y Marable

Y Roberts

Y Thompson

Y Middleton

Y Scott

EX Turner

Y Oliver Y Perdue

Y Starr EX Stokes

Y Tysinger Y Walker

On the adoption of the amendment, the yeas were 50, nays 0, and the Price of the

56th 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 Griffin

Y Balfour

Y Guhl

Y Blitch Y Boshears EX Bowen

Y Harbison Y Henson Y Hill

Y Broun, 46th

Y Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Y Johnson.D

Y Cagle

Johnson,E

Y Cheeks

EX Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

Y Langford

Y Egan

Y Madden

Y Fort EX Gillis

Y Marable Y Middleton

Y Glanton Y Gochenour

Y Oliver 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 as amended.

HB 1393. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.
Senate Sponsor: Senator Cagle of the 49th.
The Senate Committee on Natural Resources offered the following substitute to HB 1393:

1510

JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs; to provide for zero tolerance for drugs and alcohol under such circumstances for persons under the age of 21; to provide for a cause of action for child endangerment under such circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, is amended by adding at the end of Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards while under influence of alcohol or drugs, new subsections (j), (k), and (1), to read as follows:
"(j) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of this Code section, if there was at that time or within three hours after operating, navigating, steering, driving, or being in actual physical control of a moving vessel or personal watercraft from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of this Code section.
(k)(l) A person under the age of 21 shall not operate, navigate, steer, drive, or be in actual physical control of any moving vessel, moving water skis, moving aquaplane, moving surfboard or similar moving device, or personal watercraft while the person's alcohol concentration is 0.02 grams or more at any time within three hours after such operating, navigating, steering, driving, or being in actual physical control from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended.
(2) No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section.
(1) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard or similar device a child under the age of 14 years is guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
SECTION 2.
Said title is further amended by adding a new Code Section 52-7-12.5 to read as follows:

FRIDAY, MARCH 13, 1998

1511

"52-7-12.5.
(a) The test or tests required under Code Section 52-7-12 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 and the officer has arrested such person for a violation of Code Section 52-7-12, any federal law in conformity with Code Section 52-7-12, or any local ordinance which is identical to Code Section 52-7-12 in accordance with Code Section 52-7-21 or the person has been involved in a boating accident resulting in serious injuries or fatalities. Subject to Code Section 52-7-12, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test.
(b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
(1) Implied consent notice for suspects under age 21:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your choice (designate which tests) under the implied consent law?'; or
(2) Implied consent notice for suspects age 21 or over:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.10 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your choice (designate which tests) under the implied consent law?'
If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 52-7-12.6 and the results of any chemical test, or the re-

1512

JOURNAL OF THE SENATE

fusal to submit to a test, shall be admitted into evidence against such person. This notice shall be deemed sufficient if such notice read by arresting officer is substantially complied with.
(c) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after June 1, 1998. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to June 1, 1998, in which case those provisions of former Code Section 52-7-12 governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply.
(d) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension of the privilege of operating a vessel on the waters of this state is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege to operate a vessel upon the waters of this state pursuant to Code Section 52-7-12.6, subject to review as provided for in this Code section.
(e) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege of operating a vessel on the waters of this state for a period of one year.
(f)(l) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the privilege of operating a vessel on the waters of this state of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The officer shall forward to the department the notice of intent to suspend and the sworn report required by subsection (d) or (e) of

FRIDAY, MARCH 13, 1998

1513

this Code section within ten calendar days after the date of the arrest of such person. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of an operator's privilege as provided in this Code section.
(2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's privilege to operate a vessel and, by regular mail, at the last known address, notify such person of such suspension. The notice shall inform the person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing.
(g)(l) A person whose operator's privilege is suspended pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues:
(A)(i) Whether the law enforcement officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 52-7-12.
(ii) Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality;
(B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test and:
(i) Whether the person refused the test; or
(ii) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more; and
(C) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the suspension of the person's privilege to operate a vessel on the waters of this state. If no hearing is requested within the ten business days specified above, and the failure to request such hearing

1514

JOURNAL OF THE SENATE

is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the person's privilege to operate a vessel on the waters of this state; provided, however, that if the hearing is timely requested and is not held within 60 days and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made.
(4) In the event the person is acquitted of a violation of Code Section 52-7-12 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated. An accepted plea of nolo contendere shall be entered on the operator's record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 52-7-12.
(h) If the suspension is sustained after such a hearing, the person whose privilege to operate a vessel on the waters of this state has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed.
(i) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language:
"This breath-testing instrument (serial no. ______) was thoroughly inspected, tested, and standardized by the undersigned on (date ______) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.'
When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (c) of Code Section 52-7-12 and subparagraph (g)(2)(C) of this Code section."
SECTION 3.
Said title is further amended by adding a new Code Section 52-7-12.6 to read as follows:
"52-7-12.6.
(a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources;

FRIDAY, MARCH 13, 1998

1515

(2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the person's operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources; and
(3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources.
(b) In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance.
(c) Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor."
SECTION 4.
This Act shall become effective June 1, 1998.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senators James of the 35th and Walker of the 22nd offered the following amendment:
Amend the Senate committee substitute to HB 1393 by inserting after the word "To" on line 1 of page 1 the following:
"make provisions for water recreation safety; to".
By inserting after the first semicolon on line 10 of page 1 the following:
"to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative purpose with respect to swimming pool safety; to provide a definition; to provide for annual permits; to provide for inspections by county boards of health; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools; to provide for suction hazard reduction; to provide for the suspension or revocation of permits under certain conditions; to provide for related matters;"
By renumbering Sections 4 and 5 as Sections 5 and 6 respectively and inserting a new Section 5 to read as follows:

1516

JOURNAL OF THE SENATE

"SECTION 5.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 43 to read as follows:
'CHAPTER 43 31-43-1.
The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools. 31-43-2.
As used in this chapter, the term "public swimming pool," "swimming pool," or "pool" means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic club, or other membership facility pools and spas. This chapter shall not apply to:
(1) A private pool serving a single family dwelling and used only by the residents of the dwelling and their guests;
(2) A private pool serving only residents of a subdivision and their guests; or
(3) Therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist or therapeutic chambers drained, cleaned, and refilled after each individual use. 31-43-3.
(a) On or after July 1, 1998, a permit shall be obtained from the county board of health in the county in which a public swimming pool is located prior to construction or continued operation of a public swimming pool. When the ownership of a public swimming pool changes or if the pool is leased by the owner, it shall be the responsibility of the new owner or lessee to secure a permit issued in his or her name.
(b) Unless suspended or revoked, a swimming pool operation permit shall be valid for the period of operation specified in the application, but in no event shall it be valid for more than 12 months. 31-43-4.
A separate application for an operation permit must be submitted for each public swimming pool. The owner or operator shall apply annually to the county board of health for an operator's permit. A form must be obtained from the county board of health to provide:
(1) The owner's name, address, and telephone number;
(2) The operator's name, address, and telephone number;
(3) The street address of the public swimming pool;
(4) The physical location of the public swimming pool;
(5) The type of public swimming pool;
(6) The construction date, if applicable;
(7) The proposed operating dates;
(8) The type of disinfection; and

FRIDAY, MARCH 13, 1998

1517

(9) The signature of the owner or a designated representative of the owner. 31-43-5.
Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section 31-433. 31-43-6.
A permittee shall notify the county board of health at the time of completion of the construction of a public swimming pool to permit inspection before the pool is placed in operation. 31-43-7.
Each public swimming pool shall be inspected by the county board of health to determine compliance with this chapter and with the rules and regulations adopted by the Department of Human Resources. 31-43-8.
A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and regulations adopted by the Department of Human Resources. 31-43-9.
(a) The Department of Human Resources shall adopt and promulgate rules and regulations concerning the construction and operation of public swimming pools. The Department of Human Resources shall classify public swimming pools on the basis of size, usage, type, or any other appropriate factor and shall adopt requirements for each classification. The rules shall include requirements for:
(1) Submission and review of plans prior to construction;
(2) Application, review, expiration, renewal, and revocation or suspension of an operating permit;
(3) Inspection;
(4) Design and construction including materials, depth and other dimensions, and standards for the abatement of suction hazards; and
(5) Operation and safety including water source, water quality and testing, fencing, water treatment, chemical storage, toilet and bath facilities, measures to ensure the personal cleanliness of bathers, safety equipment and other safety measures, and sewage and other waste-water disposal.
Public swimming pools constructed or remodeled prior to July 1, 1998, that do not meet specific design and construction requirements of the rules for public swimming pools adopted by the Department of Human Resources shall not be required to comply with design and construction requirements other than requirements related to the abatement of suction hazards.
(b) No single drain, single-suction outlet public swimming pools less than 18 inches deep shall be allowed to operate.
31-43-10.
Each county board of health and its duly authorized agents are authorized and empowered to enforce compliance with the provisions of this chapter and the rules and regulations relating to public swimming pools adopted and promulgated by the De-

1518

JOURNAL OF THE SENATE

partment of Human Resources and, in connection therewith, to enter upon and inspect the premises of a public swimming pool at any reasonable time and in a reasonable manner.'"
Senator Egan of the 40th offered the following amendment:
Amend the James, Walker amendment to the committee substitute to HB 1393 by adding after "only" on line 8 page 2 "member of a club or"
On the adoption of the Egan amendment, the yeas were 33, nays 0, and the Egan amendment to the James, Walker amendment was adopted.
On the adoption of the James, Walker amendment, the yeas were 36, nays 0, and the James, Walker amendment to the committee substitute was adopted as amended.
Senator Cagle of the 49th offered the following amendment:
Amend the committee substitute to HB 1393 by striking "choice" on page 3 line 30
by striking "choice" on page 4 line 11
On the adoption of the amendment, the yeas were 35, nays 0, and the Cagle amendment to the committee substitute was adopted.
Pursuant to Senate Rule 143, action on HB 1393 was suspended and the bill was placed on the Senate General Calendar.
HB 1378. By Representatives Ehrhart of the 36th, Campbell of the 42nd, Wiles of the 34th and Richardson of the 26th:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, so as to provide for legal sufficiency of implied consent notices for certain purposes in certain cases.
Senate Sponsor: Senator Oliver of the 42nd.
Senators Oliver of the 42nd, Hill of the 4th and Crotts of the 17th offered the following amendment:
Amend HB 1378 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following:
"To amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to change the provisions relating to suspension or revocation of the license of a habitually negligent or dangerous driver and the point system; to change certain provisions relating to points assessed for violation of child safety restraint requirements; to amend the provisions relating to chemical tests, implied".
By deleting "instruments, so as" and inserting in its place "instruments;" on line 6 of page 1.
By inserting following line 35 of page 1 the following:
"SECTION 2.
Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, is amended by striking subparagraph (c)(l)(A) of Code Section 40-5-57, relating to suspension or revocation of the

FRIDAY, MARCH 13, 1998

1519

license of a habitually negligent or dangerous driver and the point system, and inserting in lieu thereof the following:
'(c)(l)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
Reckless driving..................................................................................................4 points
Unlawful passing of a school bus ................................................................... 6 points
Improper passing on a hill or a curve.............................................................4 points
Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour...............................................................................................................2 points
Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour......................................................................................................................3 points
Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour......................................................................................................................4 points
Exceeding the speed limit by 34 miles per hour or more..............................6 points
Disobedience of any traffic-control device or traffic officer............................3 points
Too fast for conditions........................................................................................0 points
Possessing an open container of an alcoholic beverage while driving..........2 points
Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident.............................2 points
Violation of child safety restraint requirements, first offense......... 0 points 1 point
Violation of child safety restraint requirements, second or subsequent offense ..............................................................................................................................2 points
All other moving traffic violations which are not speed limit violations..3 points'".
By redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively.
By inserting "Said article is further amended by striking subsections (a), (b), and (b.l) of preceding "Code" on line 2 of page 2, by deleting "of the Official Code of Georgia Annotated" from lines 2 and 3 of page 2, and by deleting "is amended by striking subsections (a), (b), and (b.l)" from lines 7 and 8 of page 2.
On the adoption of the amendment, the yeas were 34, nays 1, and the Oliver, et al. amendment was adopted.
Senator Brush of the 24th offered the following amendment:
Amend HB 1378 by inserting on line 15 of page 1 immediately following the word and symbol "intent;" the following:
"to amend Code Section 40-5-83 of the Official Code of Georgia Annotated, relating to the establishment and approval of driver clinics and programs, so as to prohibit the ownership or operation of such clinics and programs by professional bondsmen; to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to provide that the court shall, as a condition of probation, require any defendant convicted of violating said Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources;"
By inserting between lines 39 and 40 of page 4 the following:

1520

JOURNAL OF THE SENATE

"SECTION 3.
Code Section 40-5-83 of the Official Code of Georgia Annotated, relating to the establishment and approval of driver clinics and programs, is amended by designating subsection (e) as subsection (f) and inserting a new subsection (e) to read as follows:
'(e) No professional bondsman, as defined in Part 2 of Article 2 of Chapter 6 of Title 17, nor an agent, employee, or spouse of such individual, shall be authorized to own, operate, be an instructor at, or be employed by a driver improvement clinic or a DUI Alcohol or Drug Use Risk Reduction Program.'
SECTION 4.
Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, is amended by adding at the end thereof a new subsection (m) to read as follows:
'(m) Any person convicted of a violation of this Code section shall as a condition of probation be required by the court to complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources.'"
By redesignating Sections 3 and 4 as Sections 5 and 6, respectively.
On the adoption of the amendment, the yeas were 7, nays 25, and the Brush amendment was lost.
Senators Balfour of the 9th and Clay of the 37th offered the following amendment:
Amend HB 1378 by inserting after "as" on line 2 of page 1 the following:
"to provide for suspension of Class D drivers' licenses in certain cases;".
By striking line 13 of page 1 and inserting in lieu thereof the following:
"to motor vehicles and traffic, is amended by adding to Code Section 40-5-57, relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system, a new subsection (d.l) to read as follows:
'(d.l) The provisions of subsection (c) of this Code section notwithstanding, the commissioner shall suspend the Class D driver's license of any such licensee who has accumulated a violation point count of 4 or more points in any consecutive 12 month period, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, unless such license is subject to revocation under Code Section 40-5-57.1. A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Upon the expiration of 30 days after the date of suspension, the suspended Class D license shall be reinstated upon payment by the licensee of a reinstatement fee of $10.00. Upon reinstatement of the Class D license under this subsection, the violation point count shall be reduced to zero points.'
SECTION 1A.
Said title is further amended by adding a new".
Senator Clay of the 37th asked unanimous consent that the Balfour, Clay amendment be withdrawn. The consent was granted and the amendment was withdrawn.
Senator Glanton of the 34th offered the following amendment:
Amend HB 1378 by adding after the first semicolon on line 15 of page 1 the following:

FRIDAY, MARCH 13, 1998

1521

"to amend Code Section 40-5-28 of the Official Code of Georgia Annotated, relating to driver's licenses, so as to provide that fingerprinting for a driver's license shall not be required for any person who objects to being fingerprinted because of his or her religious beliefs;".
By renumbering Sections 3 and 4 as Sections 4 and 5 respectively and inserting a new Section 4 to read as follows:
"SECTION 4.
Code Section 40-5-28 of the Official Code of Georgia Annotated, relating to driver's licenses, is amended by striking said Code section in its entirety and inserting in its place a new Code section to read as follows:
'40-5-28.
(a) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee.
(b) Specifically but withuul limilaliun, the The department may require applicants for drivers' licenses to submit fingerprints by means of an inkless fingerprint scanning device upon application; provided, however, that this subsection shall not apply to any person who objects to being fingerprinted on the ground that such activity conflicts with his or her religious beliefs.'"
Senator Glanton of the 34th asked unanimous consent that her amendment be withdrawn. The consent was granted and the amendment was withdrawn.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

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

Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill Y Hooks Y Huggins Y James Y Johnson,D
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 Y Ray Y Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D

1522

JOURNAL OF THE SENATE

Y Thomas,N

Y Tysinger

Y Thompson EX Turner

Walker

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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

HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.
Senator Starr of the 44th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 42, nays 0; the motion prevailed, and the President appointed as a Conference Committee on the part of the Senate the following: Senators Egan of the 40th, Starr of the 44th and Broun of the 46th.
The Calendar was resumed.

HB 1420. By Representatives Polak of the 67th, Sherrill of the 62nd, O'Neal of the 75th 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 make unlawful certain practices relating to requests for advance payment and telemarketing transactions.
Senate Sponsor: Senator Henson of the 55th.
The Senate Committee on Consumer Affairs offered the following substitute to HB 1420:

A BILL
To be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that it shall be unlawful for any nonlocal business to cause to be listed in any nonclassified advertising local telephone directory a local telephone number for the business if calls to the number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local telephone directory and the listing fails to state clearly the principal place of business of the nonlocal business; to define a certain term; to make it unlawful for a seller or telemarketer to block a residential subscriber's use of a caller identification service; to make unlawful certain practices relating to telemarketing transactions; to provide for civil and criminal penalties, including penalties for a felony offense; to provide for vicarious liability under certain circumstances; to define certain terms; to make unlawful certain telemarketing practices relating to the sale of securities and the solicitation of charitable contributions; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violating Code Sections 16-8-2 through 16-8-9 regarding theft, so as to provide for criminal penalties for

FRIDAY, MARCH 13, 1998

1523

certain offenses; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, by striking paragraphs (4) and (31) of subsection (b) of said Code section and inserting in their place the following:
"(4)(A) Using deceptive representations or designations of geographic origin in connection with goods or services. Without limiting the generality of the foregoing, it is specifically declared to be unlawful:
(i) For for any nonlocal business to publish in any local telephone classified advertising directory any advertisement containing a local telephone number for the business unless the advertisement clearly states the nonlocal location of the business:; or
(ii) For any nonlocal business to cause to be listed in any nonclassified advertising local telephone directory a local telephone number for the business if calls to the number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local telephone directory and the listing fails to state clearly the principal place of business of the nonlocal business.
(B) For purposes of this paragraph, the term:
fAXi) 'Local' or 'local area' refers to the area in which any particular telephone classified advertising directory is distributed free of charge to some or all telephone service subscribers.
ffi)(ii) 'Local telephone classified advertising directory' refers to any telephone classified advertising directory which is distributed free of charge to some or all telephone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other parties.
( Xiii) 'Local telephone number' refers to any telephone number which is not clearly identifiable as a long-distance telephone number and which has a threenumber prefix typically used by the local telephone service company for telephones physically located within the local area.
(iv) 'Nonclassified advertising local telephone directory' refers to any telephone directory which is distributed free of charge to some or all telephone subscribers in any area of the state and which does not contain classified advertising and includes such directories distributed by telephone service companies as well as such directories distributed by other parties.
(B)(v) 'Nonlocal business' refers to any business which does not have within the local area a physical place of business providing the goods or services which are the subject of the advertisement or listing in question;"
"(31) With respect to telemarketing sales:
(A) For any seller or telemarketer to use any part of an electronic record to attempt to induce payment or attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation

1524

JOURNAL OF THE SENATE

or series of telephone conversations with a residential subscriber. Nothing in this paragraph shall be construed to:
(i) Prohibit the seller or telemarketer from introducing, as evidence in any court proceeding to attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber, an electronic record of the entirety of such telephone conversation or series of telephone conversations; or
(ii) Expand the permissible use of an electronic record made pursuant to 16 C.F.R. Part 310.3(a)(3), the Federal Telemarketing Sales Rule.
(B)(i) For any seller or telemarketer who makes a covered communication to a residential subscriber in this state to intentionally utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service.
(ii) No provider of telephone caller identification service shall be held liable for violations of this subparagraph committed by other persons or entities.
fB)(C) For purposes of this paragraph, the term:
(i) 'Caller identification service' means a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls.
fr)(ii) 'Covered communication' means any unsolicited telephone call or telephone call arising from an unsolicited telephone call.
(irXiii) 'Electronic record' means any recording by electronic device of, in part or in its entirety, a telephone conversation or series of telephone conversations with a residential subscriber that is initiated by a seller or telemarketer in order to induce the purchase of goods, services, or property. This term shall include, without limitation, any subsequent telephone conversations in which the seller or telemarketer attempts to verify any alleged agreement in a previous conversation or previous conversations.
(iir)(iv) 'Residential subscriber' means any person who has subscribed to residential phone service from a local exchange company or the other persons living or residing with such person.
fiv)(v) 'Seller or telemarketer' means any person or entity making a covered communication to a residential subscriber for the purpose of inducing the purchase of goods, services, or property by such subscriber. This term shall include, without limitation, any agent of the seller or telemarketer, whether for purposes of conducting calls to induce the purchase, for purposes of verifying any calls to induce the purchase, or for purposes of attempting to collect on any payment under the purchase."
SECTION 2.
Said title is further amended in Part 2 of Article 15 of Chapter 1, the "Fair Business Practices Act of 1975," by adding a new Code section, to be designated as Code Section 10-1-393.6, to read as follows:
"10-1-393.6.
(a) For purposes of this Code section, the term 'telemarketing' shall have the same meaning which it has under Code Section 10-1-393.5.

FRIDAY, MARCH 13, 1998

1525

(b) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part and without limiting any other Code section under this part, it shall be unlawful for any person to:
(1) In connection with a telemarketing transaction, request a fee in advance to remove derogatory information from or improve a person's credit history or credit record;
(2) Request or receive payment in advance from a person to recover, or otherwise aid in the return of, money or any other item lost by the consumer in a prior telemarketing transaction; provided, however, that this paragraph shall not apply to goods or services provided to a person by a licensed attorney; or
(3) In connection with a telemarketing transaction, procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected.
(c) In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section shall be subject to a criminal penalty under paragraph (4) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section."
SECTION 3.
Said title is further amended in Chapter 5B, relating to deceptive, fraudulent, or abusive telemarketing, by striking in its entirety Code Section 10-5B-2, relating to definitions, and inserting in lieu thereof a new Code Section 10-5B-2 to read as follows:
"10-5B-2.
(a) As used in this chapter, the term:
(1) 'Charitable contribution' means the promise or grant of any money or property of any kind or value to be used for any charitable purpose, as that term is defined in Code Section 43-17^27
ftK2) 'Control,' 'controlling,' 'controlled by,' or 'under common control with' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(2X3) 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated.
(3X4) 'Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization.
(4X5) 'Secretary of State' means the Secretary of State of the State of Georgia.

1526

JOURNAL OF THE SENATE

(&)(6) 'Telephone soliciting business' means a sole proprietorship, partnership, limited liability company, corporation, or other association of individuals engaged in a common effort to solicit sales regulated under this chapter.
(6)(7) 'Telephone solicitor' or 'solicitor' means a person, partnership, limited liability company, corporation, or other entity that makes or places telephone calls for the purpose of selling or solicitation of sales as defined in paragraph fr) (8) of this subsection over the telephone, whether the call originates in the State of Georgia or is received in the State of Georgia.
ffl(8) 'Telephonic sale,' 'sell telephonically,' 'telephonic selling,' 'telephonic offer for sale,' or 'telephonic solicitation of sale,' and 'telemarketing* means a sale or solicitation of goods or services, a sale or offer to sell a security as defined in paragraph (26) of subsection (a) of Code Section 10-5-2, or a solicitation of a charitable contribution, in which:
(A) The seller solicits the sale or charitable sale or contribution over the telephone;
(B) The purchaser's agreement to purchase or contribute is made over the telephone; and
(C) In the case of a sale of goods or services only, the The purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods and services.
(b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to the interpretation of this chapter."
SECTION 4.
Said title is further amended in Chapter 5B, relating to deceptive, fraudulent, or abusive telemarketing, by striking in its entirety Code Section 10-5B-4, relating to required and prohibited telephone conduct and activities, and inserting in lieu thereof a new Code Section 10-5B-4, to read as follows:
"10-5B-4.
(a) It shall be unlawful for any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988,' and who makes any telephonic offer to sell or telephonic sale in this state:
(1) To fail to identify the business initiating the call;
(2) To violate any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter;
(3) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to employ a device, scheme, or artifice to defraud;
(4) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; or
(5) Knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time

FRIDAY, MARCH 13, 1998

1527

it is made and in light of the circumstances under which it is made, false or misleading in any material respect:; or
(6) In connection with a telephonic solicitation of a monetary charitable contribution, to use the services of any person as a courier or otherwise to obtain personally receipt or possession of a monetary contribution from a residence.
(b) Every person who directly or indirectly controls a person culpable under subsection (a) of this Code section, every general partner, executive officer, or director of such person culpable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every telephone soliciting business or telephone solicitor who participates in any material way in the sale or solicitation of sale is culpable to the same extent as the person whose culpability arises under subsection (a) of this Code section unless the person whose culpability arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which culpability is alleged to exist."
SECTION 5.
Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violating Code Sections 16-8-2 through 16-8-9 regarding theft, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1393.5 or in violation of subsection (b) of Code Section 10-1-393.6 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years.
(B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; or"
SECTION 6.
This Act shall become effective on July 1, 1998, and shall apply to acts and offenses committed on or after said date.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senators Henson of the 55th and Johnson of the 1st offered the following amendment:
Amend the Senate Consumer Affairs Committee substitute to HB 1420 by striking lines 11 through 13 of page 1 and inserting in lieu thereof the following:
"define a certain term; to make unlawful certain".
By striking lines 32 and 33 of page 1 and inserting in lieu thereof the following:
"transactions, by striking paragraph (4) of subsection (b) of said Code section and inserting in its".

1528

JOURNAL OF THE SENATE

By striking line 9 of page 3 through line 28 of page 4.
On the adoption of the amendment, the yeas were 33, nays 0, and the Henson, Johnson of the 1st amendment was adopted.
On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by 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

EX Bowen

Y Hill

Y Broun, 46th

Y Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y 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

EX 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
Ragan Ralston Ray Roberts Scott Y Starr EX Stokes Y Streat Y Tanksley Taylor Y Thomas.D Y Thomas,N Thompson EX Turner Y Tysinger Y Walker

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

Senator Walker of the 22nd moved that, pursuant to HR 1165, the Senate adjourn until 10:00 A.M. Monday, March 16, 1998; the motion prevailed, and at 5:15 P.M., the President announced the Senate adjourned.

MONDAY, MARCH 16, 1998

1529

Senate Chamber, Atlanta, Georgia Monday, March 16, 1998
Thirty-eighth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by Senator Perdue of the 18th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of Friday, March 13, 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 and Senate:
HB 1309. By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to provide a homestead exemption from all Catoosa County School District ad valorem taxes for educational purposes in the amount of the full value of the homestead for certain residents of that school district who are 75 years of age or over.
HB 1310. By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to provide a homestead exemption from all Catoosa County ad valorem taxes in the amount of the full value of the homestead for certain residents of that county who are 62 years of age or over and who have an annual household income of $14,000.00 or less.
HB 1723. By Representative Williams of the 63rd:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to increase the amount of such supplement.
HB 1803. By Representatives Holmes of the 53rd, Davis of the 48th, Irvin of the 45th and others:
A bill to amend an Act creating the City of Atlanta and Fulton County Recreation Authority, so as to add four members of the authority to be appointed by the legislative delegation.
HB 1840. By Representatives Rogers of the 20th, Tolbert of the 25th and Smith of the 19th:
A bill to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit, so as to increase the supplement to each judge's salary.
HB 1894. By Representatives Stancil of the 16th, Scheid of the 17th, Evans of the 28th and others:
A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of com-

1530

JOURNAL OF THE SENATE

pensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.
HB 1895. By Representative Hudgens of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to the compensation of the members of the board other than the chairperson.
HB 1896. By Representative Scott of the 165th:
A bill to amend an Act creating a new charter for the City of Norman Park, so as to provide for four-year terms of office for the mayor and councilmembers.
HB 1897. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act placing the judge of the Probate Court of Bryan County, formerly the ordinary, on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court.
HB 1900. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th:
A bill to amend an Act re-creating the reincorporating the City of Woodstock, so as to provide for the election of the mayor and councilmembers; to add a sixth ward and councilmember.
HB 1902. By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincorporated areas declarations.
HB 1904. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change provisions relating to when a person elected to fill a vacancy takes office; to provide for a county manager and authorize the board to delegate administrative duties, powers, and responsibilities to such official.
HB 1905. By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the members of said board; to authorize the members of said board to participate in the retirement plan currently available to employees of the Catoosa Utility District.
HB 1906. By Representatives Shipp of the 38th, Sauder of the 29th, Parsons of the 40th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County.

MONDAY, MARCH 16, 1998

1531

HB 1908. By Representatives Coleman of the 142nd, Barfoot of the 155th and Byrd of the 170th: A bill to create the Telfair-Wheeler Airport Authority.
HB 1909. By Representative Jenkins of the 110th: A bill to amend an Act providing a new charter for the City of Monticello, so as to change the corporate limits of the City of Monticello.
HB 1910. By Representative Westmoreland of the 104th: A bill to provide for an advisory referendum election to be held in the Town of Tyrone for the purpose of ascertaining the type of government for said town desired by the people of said town.
HB 1911. By Representatives Worthan of the 98th and Snelling of the 99th: A bill to amend an Act providing a new charter for the City of Lithia Springs, so as to deannex certain property from the corporate limits of the city.
HB 1912. By Representative Joyce of the 1st: A bill to provide a homestead exemption from Dade County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.
HB 1913. By Representative Smith of the 19th: A bill to create a board of elections and registration for Dawson County and provide for its powers and duties.
HB 1914. By Representatives Epps of the 131st and Smith of the 102nd: A bill to provide that the judge of the Probate Court of Meriwether County shall also serve as the chief magistrate of the Magistrate Court of Meriwether County.
HB 1915. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th: A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.
HB 1916. By Representatives Dixon of the 168th and Smith of the 169th: A bill to provide a homestead exemption from Ware 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 $24,000.00 and who are 62 years of age or over.
HB 1917. By Representatives Dixon of the 168th and Smith of the 169th: A bill to provide a homestead exemption from Ware County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $24,000.00 and who are 62 years of age or over.
HB 1918. By Representatives Dixon of the 168th and Smith of the 169th:

1532

JOURNAL OF THE SENATE

A bill to provide a homestead exemption from certain City of Waycross ad valorem taxes for city purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose income together with the income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $24,000.00 per annum.
HB 1919. By Representatives Snow of the 2nd and Clark of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change certain provisions regarding the powers, duties, and area of operation of the board.
HB 1920. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from Walker County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.
HB 1921. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from certain City of Chickamauga independent school district ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that independent school district who are 75 years of age or older and whose annual income does not exceed $15,000.00.
HB 1922. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from Walker County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 75 years of age or over.
HB 1923. By Representative Smith of the 169th:
A bill to create the State Court of Bacon County.
HB 1924. By Representatives Williams of the 83rd, Dix of the 76th, Coan of the 82nd and others:
A bill to provide that no public funds of Gwinnett County, the Gwinnett County Board of Health, or any department or agency of Gwinnett County nor any funds received by any organization or entity from or through Gwinnett County, the Gwinnett County Board of Health, or any department or agency of Gwinnett County shall be used or expended to provide a medical examination.
SB 707. By Senator Ralston of the 51st:
A bill to amend an Act providing a new charter for the City of Ball Ground, as amended, so as to change the corporate limits of the city.
SB 708. By Senators Ray of the 48th, Tysinger of the 41st, Burton of the 5th and others:
A bill to amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who

MONDAY, MARCH 16, 1998

1533

is disabled and who meets certain conditions, terms, and requirements for such exemption.
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.
SB 677. By Senator Price of the 28th:
A bill to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, as amended, so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit.
SB 603. By Senators Perdue of the 18th, Walker of the 22nd and Marable of the 52nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance, so as to prohibit exclusion of coverage of certain routine patient care costs for dependent children of insureds enrolled in approved clinical trial programs for cancer therapy; to define certain terms; to provide for enforcement.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.
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.
SB 77. By Senators Oliver of the 42nd, Stokes of the 43rd, Henson of the 55th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to

1534

JOURNAL OF THE SENATE

prescribe the powers, dignity, duties, jurisdiction, privileges, and immunities of said judge.
SB 39. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the provisions relating to the release of information collected under the state registration program; to provide that the information collected under the state registration program may be disclosed for any purpose authorized by state or federal law.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
SB 529. By Senator Langford of the 29th:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes made to a taxpayer's ad valorem tax return, so as to provide for additional information and disclosures which must be provided to the taxpayer; to provide an effective date; to provide for applicability.
SB 574. By Senators Hill of the 4th, Gillis of the 20th, Madden of the 47th and others:
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.
SB 600. By Senators Crotts of the 17th, Lamutt of the 21st, Guhl of the 45th and others:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to hearings on proposed zoning decisions, so as to provide for zoning ordinances which automatically zone certain property which is annexed or deannexed subject to certain conditions; to provide for limitations.
The House has agreed to the Senate substitutes to the following bills 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..
HB 1252. By Representatives Parham of the 122nd, Twiggs of the 8th, Martin of the 145th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs; to delete certain penalty provisions relating to carisoprodol.
HB 1474. By Representative Polak of the 67th:

MONDAY, MARCH 16, 1998

1535

A bill to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding tax exemptions, so as to change certain qualifications with respect to homestead exemptions.
HB 1425. By Representatives Kaye of the 37th, Powell of the 23rd, Joyce of the 1st and others:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain statutes relating to the possession of firearms, so as to provide that peace officers certified by jurisdictions outside of the state shall be exempt from restrictions on possessing firearms.
HB 1144. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and others:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the cancellation of record of certain security instruments, so as to require the grantee of such instrument to secure the proper satisfaction or cancellation of record of the instrument by the clerk of the superior court.
The House has agreed to the Senate amendments to the following bills of the House:
HB 1140. By Representatives Smith of the 109th, Howard of the 118th, Orrock of the 56th and others:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the provisions relating to rate of employer contributions; to provide that each new or newly covered employer which has implemented a certain drug-free workplace program shall pay contributions at a rate of 0.2 percent lower than certain other rates specified.
HB 1130. By Representatives Williams of the 83rd, Everett of the 163rd, Powell of the 23rd and others:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, so as to provide for a short title; to define certain terms; to provide for the certification of telecommunications companies which bill for or solicit intrastate telecommunications services.
HB 1522. By Representatives Martin of the 47th, Alien of the 117th and Crawford of the 129th:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to provide that, in all counties, the person responsible for the collection of the intangible recording tax and the performance of the other related duties shall be the clerk of the superior court.
The House has agreed to the Senate substitutes to the following resolutions of the House:
HR 1067. By Representative Orrock of the 56th:
A resolution authorizing the lease of certain state owned real property located in Fulton County.
HR 935. By Representatives Barnes of the 33rd, Manning of the 32nd, Grindley of the 35th and others:

1536

JOURNAL OF THE SENATE

A resolution authorizing the conveyance of certain state owned real property located in Cobb County.
The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:
HB 1178. By Representatives Royal of the 164th and Buck of the 135th: A bill to amend Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on failure to file a return or pay revenue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to provide for an effective date.
The following bills were read the first time and referred to committee:
HB 1309. By Representative Clark of the 3rd:
A bill to provide a homestead exemption from all Catoosa County School District ad valorem taxes for educational purposes in the amount of the full value of the homestead for certain residents of that school district who are 75 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 1310. By Representative Clark of the 3rd:
A bill to provide a homestead exemption from all Catoosa County ad valorem taxes in the amount of the full value of the homestead for certain residents of that county who are 62 years of age or over and who have an annual household income of $14,000.00 or less.
Referred to Committee on State and Local Governmental Operations.
HB 1723. By Representative Williams of the 63rd:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to increase the amount of such supplement.
Referred to Committee on State and Local Governmental Operations.
HB 1803. By Representatives Holmes of the 53rd, Davis of the 48th, Irvin of the 45th and others:
A bill to amend an Act creating the City of Atlanta and Fulton County Recreation Authority, so as to add four members of the authority to be appointed by the legislative delegation.
Referred to Committee on State and Local Governmental Operations.
HB 1840. By Representatives Rogers of the 20th, Tolbert of the 25th and Smith of the 19th:
A bill to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit, so as to increase the supplement to each judge's salary.
Referred to Committee on State and Local Governmental Operations.
HB 1894. By Representatives Stancil of the 16th, Scheid of the 17th, Evans of the 28th and Pinholster of the 15th:

MONDAY, MARCH 16, 1998

1537

A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit. Referred to Committee on State and Local Governmental Operations.
HB 1895. By Representative Hudgens of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to the compensation of the members of the board other than the chairperson. Referred to Committee on State and Local Governmental Operations.
HB 1896. By Representative Scott of the 165th: A bill to amend an Act creating a new charter for the City of Norman Park, so as to provide for four-year terms of office for the mayor and councilmembers.
Referred to Committee on State and Local Governmental Operations.
HB 1897. By Representatives Purcell of the 147th and Barnard of the 154th:
A bill to amend an Act placing the judge of the Probate Court of Bryan County, formerly the ordinary, on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court.
Referred to Committee on State and Local Governmental Operations.
HB 1900. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th: A bill to amend an Act re-creating the reincorporating the City of Woodstock, so as to provide for the election of the mayor and councilmembers; to add a sixth ward and councilmember.
Referred to Committee on State and Local Governmental Operations.
HB 1902. By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincorporated areas declarations.
Referred to Committee on State and Local Governmental Operations.
HB 1904. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change provisions relating to when a person elected to fill a vacancy takes office; to provide for a county manager and authorize the board to delegate administrative duties, powers, and responsibilities to such official.
Referred to Committee on State and Local Governmental Operations.
HB 1905. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the members of said board; to authorize the members of said board to participate

1538

JOURNAL OF THE SENATE

in the retirement plan currently available to employees of the Catoosa Utility District. Referred to Committee on State and Local Governmental Operations.
HB 1906. By Representatives Shipp of the 38th, Sauder of the 29th, Parsons of the 40th and others: A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County.
Referred to Committee on State and Local Governmental Operations.
HB 1908. By Representatives Coleman of the 142nd and Barfoot of the 155th: A bill to create the Telfair-Wheeler Airport Authority.
Referred to Committee on State and Local Governmental Operations.
HB 1909. By Representative Jenkins of the 110th: A bill to amend an Act providing a new charter for the City of Monticello, so as to change the corporate limits of the City of Monticello.
Referred to Committee on State and Local Governmental Operations.
HB 1910. By Representative Westmorland of the 104th: A bill to provide for an advisory referendum election to be held in the Town of Tyrone for the purpose of ascertaining the type of government for said town desired by the people of said town.
Referred to Committee on State and Local Governmental Operations.
HB 1911. By Representatives Worthan of the 98th and Snelling of the 99th: A bill to amend an Act providing a new charter for the City of Lithia Springs, so as to deannex certain property from the corporate limits of the city.
Referred to Committee on State and Local Governmental Operations.
HB 1912. By Representative Joyce of the 1st: A bill to provide a homestead exemption from Dade County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 1913. By Representative Smith of the 19th: A bill to create a board of elections and registration for Dawson County and provide for its powers and duties.
Referred to Committee on State and Local Governmental Operations.
HB 1914. By Representatives Epps of the 131st and Smith of the 102nd: A bill to provide that the judge of the Probate Court of Meriwether County shall also serve as the chief magistrate of the Magistrate Court of Meriwether County.

MONDAY, MARCH 16, 1998

1539

Referred to Committee on State and Local Governmental Operations.
HB 1915. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th:
A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.
Referred to Committee on State and Local Governmental Operations.
HB 1916. By Representative Dixon of the 168th:
A bill to provide a homestead exemption from Ware 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 $24,000.00 and who are 62 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 1917. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from Ware County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $24,000.00 and who are 62 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 1918. By Representatives Dixon of the 168th and Smith of the 169th:
A bill to provide a homestead exemption from certain City of Waycross ad valorem taxes for city purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose income together with the income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $24,000.00 per annum.
Referred to Committee on State and Local Governmental Operations.
HB 1919. By Representatives Snow of the 2nd and Clark of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change certain provisions regarding the powers, duties, and area of operation of the board.
Referred to Committee on State and Local Governmental Operations.
HB 1920. By Representative? Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from Walker County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 1921. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to provide a homestead exemption from certain City of Chickamauga independent school district ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that independent school

1540

JOURNAL OF THE SENATE

district who are 75 years of age or older and whose annual income does not exceed $15,000.00.
Referred to Committee on State and Local Governmental Operations.
HB 1922. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth: A bill to provide a homestead exemption from Walker County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 75 years of age or over.
Referred to Committee on State and Local Governmental Operations.
HB 1923. By Representative Smith of the 169th: A bill to create the State Court of Bacon County.
Referred to Committee on State and Local Governmental Operations.
HB 1924. By Representatives Williams of the 83rd, Massey of the 86th, Dix of the 76th and others:
A bill to provide that no public funds of Gwinnett County, the Gwinnett County Board of Health, or any department or agency of Gwinnett County nor any funds received by any organization or entity from or through Gwinnett County, the Gwinnett County Board of Health, or any department or agency of Gwinnett County shall be used or expended to provide a medical examination. Referred to Committee on State and Local Governmental Operations.
The following communication was received by the Secretary:
TO: Mr. Frank Eldridge
FROM: Senator Nadine Thomas, 10th DATE: March 16, 1998
RE: State and Local Governmental Operations Committee
Due to an unexpected outside meeting this morning in my district, I will be unable to preside over the State and Local Governmental Operations Committee today at 9:15 A.M. I authorize Vice Chairman, Senator Donzella James, 35th to preside over this meeting and take action on the following House Bill:
HB 1650
The following committee reports were read by the Secretary: Mr. President:
The Committee on Rules has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 340. Do pass.
Respectfully submitted, Senator Scott of the 36th District, Chairman

MONDAY, MARCH 16, 1998

1541

Mr. President:

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 1650. Do pass by substitute. HB 1629. Do pass. HB 1710. Do pass. HB 1737. Do pass by substitute. HB 1835. Do pass. HB 1839. Do pass.

HB 1842. Do pass. HB 1860. Do pass. HB 1862. Do pass. HB 1863. Do pass. HB 1874. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

The following bill was read the second time:

HB 1650

The President assumed the Chair.

Senator Dean of the 31st moved that Senator Turner of the 8th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Turner was excused.

Senator Boshears of the 6th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Kemp was excused.

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

Balfour

Gochenour

Blitch

Griffin

Boshears

Guhl

Bowen

Harbison

Broun, 46th

Henson

Brown, 26th

Hill

Brush

Hooks

Burton

Huggins

Cagle

James

Cheeks

Johnson.E

Clay

Lamutt

Crotts

Land

Dean

Langford

Egan

Madden

Gillis

Marable

Glanton

Middleton

Those not answering were:

Oliver Perdue Price.R Price,T Ralston Ray Roberts Starr Stokes Tanksley Taylor Thomas.D Thompson Tysinger

Abernathy

Ragan

Turner (excused)

Fort

Scott

Walker

Johnson,D

Streat

Kemp (excused)

Thomas,N

The following communication was received by the Secretary:

March 16, 1998

TO: Honorable Frank Eldridge

1542

JOURNAL OF THE SENATE

Secretary of the Senate
FROM: Senator Diana Harvey Johnson
Please note that I was present on March 16, 1998 as my votes on the various bills will attest. However, at roll call I was in my office conducting constituent business.
Thank you for including this note in the JOURNAL, and for your continued support and cooperation.
Sincerely,
Is/ Diana Harvey Johnson State Senate District 2
The following communication was received by the Secretary:
STATE OF GEORGIA Office of the Governor Atlanta, Georgia 30334-0900
March 16, 1998
Honorable Pierre Howard Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Howard and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable Steven D. Bridges of Gwinnett County as Commissioner of the Department of Banking and Finance for the term of office beginning October 1, 1997 and ending January 20, 2000.
The Honorable W.C. Nelson, Jr. of Union County as a member of the Board of Community Affairs for the term of office beginning March 4, 1998 and ending July 1, 2002.
The Honorable Deborah W. Espy of Rockdale County as a member of the Board of Community Affairs for the term of office beginning July 2, 1998 and ending July 1, 2003.
The Honorable Robert C. Norman, Jr. of Bibb County and the Honorable C. Richard Yarbrough of Cobb County, as members of the State Ethics Commission for the term of office beginning February 27, 1998 and ending March 2, 2002.
The Honorable Stephen M. Katz of Fulton County as a member of the Board of Commissioners of the Commission on Equal Opportunity for the term of office beginning March 13, 1998 and ending September 29, 2000.
The Honorable George David Gowder, III of Union County as a member of the Board of Human Resources for the term of office beginning April 7, 1998 and ending April 6, 2004.
The Honorable Marti Fullerton of Rockdale County as Commissioner of Labor for the term of office beginning January 20, 1998 and ending December 31, 1998.
The Honorable Kent M. Plowman, Jr. of Columbia County as a member of the Board of Medical Assistance for the term of office beginning March 4, 1998 and ending June 30, 2000.

MONDAY, MARCH 16, 1998

1543

The Honorable Dana Russell of Gwinnett County as Commissioner of the State Merit System of Personnel Administration for the term of office beginning December 1, 1997 and serving at the pleasure of the Governor.
The Honorable John C. Adams, Jr. of Bulloch County as a member of the State Board of Examiners of Psychologists for the term of office beginning March 23, 1998 and ending March 27, 2001.
The Honorable Roxanne Douglass of Fulton County as a member of the State Board of Examiners of Psychologists for the term of office beginning March 23, 1998 and ending July 1, 2000.
The Honorable Cynthia A. Messina of Pulton County as a member of the State Board of Examiners of Psychologists for the term of office beginning March 23, 1998 and ending January 7, 2001.
The Honorable Carlos Byron Elmore of Laurens County as a member of the State Board of Examiners of Psychologists for the term of office beginning March 23, 1998 and ending January 7, 2000.
The Honorable T. Jerry Jackson of Fulton County as State Revenue Commissioner for the term of office beginning April 14, 1997 and serving at the pleasure of the Governor.
The Honorable Michael Adams of Clarke County as a member of the Board of Control for Southern Regional Education for the term of office beginning February 27, 1998 and ending June 30, 1999.
The Honorable C. Mark Miller of Pickens County and the Honorable Eunice L. Mixon of Tift County, as members of the Georgia Student Finance Commission for the term of office beginning March 16, 1998 and ending March 15, 2004.
The Honorable Ben Purcell of Habersham County as a member of the Veteran Services Board for the term of office beginning March 16, 1998 and ending April 1, 2005.
Sincerely, ' /a/ Zell Miller
Senator Perdue of the 18th, President Pro Tempore, assumed the Chair.
Senator Perdue of the 18th led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Egan of the 40th introduced the chaplain of the day, Mr. James T. Laney of Atlanta, Georgia, who offered scripture reading and prayer.
Senator Ragan of the llth spoke to SR 751, adopted previously.
Senator Broun of the 46th introduced Dr. James Don Edwards, commended by SR 497,adopted previously, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 769. By Senator Broun of the 46th:
A resolution recognizing the Centennial Anniversary of Professional Social Work.
SR 770. By Senators Walker of the 22nd and Starr of the 44th:
A resolution commending Georgia's TB Control Program.
SR 772. By Senators Taylor of the 12th, Bowen of the 13th, Hooks of the 14th and others:

1544

JOURNAL OF THE SENATE

A resolution recognizing and commending the Albany State University Rams and Coach Hampton Smith.
SR 773. By Senators Gillis of the 20th, Griffin of the 25th, Lamutt of the 21st and others:
A resolution commending John Lee. The President resumed the Chair.
The following bill was taken up to consider House action thereto:

HB 535. By Representative Davis of the 48th:
A bill to amend an Act to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled, so as to increase the amount of the homestead exemption from City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age or over.
Senator Egan of the 40th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Egan of the 40th, Fort of the 39th and Scott of the 36th.
Senator Kemp of the 3rd introduced the doctors of the day, Drs. Antonio and Cecila Ong, of Hinesville, Georgia.
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
Monday, March 16, 1998 THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1629

Thomas, 10th James, 35th Scott, 36th Abernathy, 38th Fort, 39th Egan, 40th Oliver, 42nd CITY OF ATLANTA

A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change the criteria for designation of enterprise zones and adding land to such zones; to change the provisions relating to the amount and duration of tax exemptions and property eligible for such exemptions.

MONDAY, MARCH 16, 1998

1545

HB 1710
HB 1737 HB 1835 HB 1839 HB 1842 HB 1860 HB 1862

Glanton, 34th James, 35th Scott, 36th Abernathy, 38th Fort, 39th Egan, 40th Ray, 48th Price, 56th FULTON COUNTY
A bill to amend an Act creating one or more community improvement districts in unincorporated Fulton County, so as to provide for the creation of community improvement districts in the municipalities within Fulton County.
Marable, 52nd FLOYD COUNTY
A bill to provide for an advisory referendum election to be held in Floyd County for the purposes of ascertaining if the consolidation of Floyd County and the City of Rome is desired by the people of said county. (SUBSTITUTE)
Turner, 8th CITY OF VALDOSTA
A bill to amend an Act providing a new charter for the City of Valdosta, so as to redefine the corporate limits.
Clay, 37th CITY OF KENNESAW
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
Madden, 47th MADISON COUNTY
A bill to amend an Act creating a board of commissioners of Madison County, so as to authorize the board of commissioners to provide a supplement to the compensation of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court.
Griffin, 25th JASPER COUNTY
A bill to amend an Act reconstituting the Board of Education of Jasper County, so as to provide for education districts which conform to commissioner districts.
Griffin, 25th JASPER COUNTY

1546

JOURNAL OF THE SENATE

A bill to provide a supplement to each of the homestead exemptions granted by general law from certain ad valorem taxes in the amount of $6,000.00 of the assessed value of the homestead for Jasper County residents.

HB 1863

Ragan, llth CITY OF DONALSONVILLE

A bill to amend an Act incorporating the City of Donalsonville, so as to provide for changes in the boundaries of the city council districts.

HB 1874

Burton, 5th Balfour, 9th Tysinger, 41st Ray, 48th Price, 56th GWINNETT COUNTY

A bill to change the manner by which vacancies are filled and new members are appointed to the board of the Hospital Authority of Gwinnett County.
The substitute to the following bill was put upon its adoption:
* HB 1737:

A BILL
To be entitled an Act to provide for an advisory referendum election to be held in Floyd County for the purpose of ascertaining if the unification of Floyd County and the City of Rome is desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
It is the purpose of this Act to provide for an advisory referendum within Floyd County to determine if the consolidation of Floyd County and the City of Rome is preferred by the voters of said county.
SECTION 2.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an advisory election as provided in this section for the purpose of submitting a question to the electors of said county to determine the type of government preferred by a majority of the electors voting at said election. The superintendent shall conduct that election on the date of the November, 1998, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date

MONDAY, MARCH 16, 1998

1547

thereof in the official organ of Floyd County. The ballot shall have printed thereon the following:

"Advisory Referendum Election

Select the form of government which you favor by placing a check mark (/) or (x) in the appropriate space below. Choose one only:

______ ______

Establish a citizen's committee which will conduct not less than six open, public hearings to develop a plan for the unification of the Floyd County and City of Rome governments, with such citizen's committee to be comprised of 21 citizens as follows: (1) three members appointed by the city commission of Rome, including at least one female member and one minority member; (2) three members appointed by the board of commissioners of Floyd County, including at least one female member and one minority member; (3) three members appointed by the City of Rome School Board, including at least one female and one minority member; (4) three members appointed by the Floyd County School Board, including at least one female and one minority member; (5) three members appointed by the January, 1999, grand jury of the Rome Judicial Circuit; (6) three members appointed by the May, 1999, grand jury of the Rome Judicial Circuit; (7) one member appointed by the area planning and development commission; (8) one member appointed by the Rome Chamber of commerce; and (9) one member appointed by the Rome central labor union. All appointments other than those made by the grand jury shall be made by July 1, 1999. The committee shall call the first meeting on the second Monday in July of 1999 for the purpose of electing the chairperson and other officers deemed necessary by the committee. The committee, by majority vote, may appoint other members to the committee as the members deem necessary to develop a unification plan. If the committee finds that a unification plan should be presented to the voters, it shall submit a unification plan to the local legislative delegation by the first day of February, 2000. The legislative delegation shall then pass legislation to have the plan submitted to the voters at the general election in November, 2000. Such plan shall be submitted separately to the voters of the City of Rome and the voters residing within the territorial limits of Floyd County and must be approved separately by each such group of voters. Retain separate governments for Floyd County and the City of Rome."

(b) It shall be the duty of the election superintendent of Floyd County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Floyd County. The expense of such election shall be borne by Floyd County.

(c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of

1548

JOURNAL OF THE SENATE

Floyd County and is for a public purpose and is an essential governmental function for which public funds may be expended.

SECTION 3.

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

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

The report of the committee, which was favorable to the 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

Y Price,R

Y Balfour

Y Guhl

Y Price.T

Blitch

Y Harbison

Ragan

Y Boshears

Y Henson

Y Ralston

Y Bowen

Y Hill

Y Ray

Y Broun, 46th

Hooks

Roberts

Y Brown, 26th

Y Huggins

Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

Y Stokes

Y Cagle

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

Y Thompson

Fort

Y Marable

Y Turner

Y Gillis

Middleton

Y Tysinger

Glanton

Y Oliver

Y Walker

Y Gochenour

Y Perdue

On the passage of the local bills, the yeas were 45, nays 0.

The bills on the Local Consent Calendar, except HB 1737, having received the requisite constitutional majority, were passed.

HB 1737, having received the requisite constitutional majority, was passed by substitute.

The following communication was received by the Secretary:

March 16, 1998

The Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

On March 16, 1998, due to a momentary distraction I failed to cast a vote on House Bill 1863. Let the record reflect that I strongly support House Bill 1863.

Thank you for your assistance in this matter.

Sincerely

MONDAY, MARCH 16, 1998

1549

/s/ Harold J. Ragan
The following resolutions, favorably reported by the committee as listed on the Senate Rules Calendar for Compensation Resolutions, were read the third time and put upon their adoption:

SENATE RULES CALENDAR
COMPENSATION RESOLUTIONS
HR 733 Guy's Automotive HR 782 Ms. Ann C. Bennett HR 783 Ms. George Cox HR 784 Mr. E. C. Fogg III HR 785 Mr. Ronnie Cox HR 786 Mr. Jimmy W. Harrell HR 787 Mr. R. G. Heard HR 788 Ms. Emma Lee Byrd HR 789 Mr. James A. Hayes HR 790 Mr. Tom Bradbury HR 837 Ms. Wanda Torbert HR 861 Ms. Meredith (Merry) B. Chandler HR 866 Ms. Loretta Cummings HR 956 Mr. Henry Elroy Griffis HR 1024 Mr. Harold I. Brown HR 1055 Ms. Ailerua A. Newsome Crawford HR 1142 Mr. Henry C. Batson (Amendment - $3,868.00)

$ 4,943.98 2,842.40 1,002.68 887.37 598.88 1,238.88 1,994.22 1,472.18 2,939.18 1,456.90 4,440.75 1,045.00 5,546.10 12,435.12
125,000.00 1,192.00 4,500.00

TOTAL The amendment to the following resolution was put upon its adoption: HR 1142:

$ 173,535.64

The Senate Appropriations Committee offered the following amendment:
Amend HR 1142 by striking from lines 24, 31, and 33 on page 1 the number "4,500.00" and inserting in lieu thereof the following:
"3,868.00".
On the adoption of the amendment, the yeas were 42, nays 4, and the amendment was adopted.
Senator Walker of the 22nd asked unanimous consent that one roll call suffice for all resolutions on the Compensation Calendar, unless any Senator designated any resolution to be voted on individually. The consent was granted.
The report of the committee, which was favorable to the adoption of the resolutions as reported, was agreed to.
On the adoption of the resolutions on the Compensation Calendar, a roll call was taken and the vote was as follows:

Abernathy Y Balfour
Blitch Y Boshears

Y Bowen Y Broun, 46th Y Brown, 26th N Brush

Y Burton Y Cagle
Cheeks Y Clay

1550

JOURNAL OF THE SENATE

Y Crotts

Y Johnson,D

Y Ray

Y Dean

Johnson,E

Roberts

Y Egan

Y Kemp

Scott

Y Fort

N Lamutt

Y Starr

Y Gillis

Y Land

Y Stokes

Y Glanton

Y Langford

Y Streat

Y Gochenour

Y Madden

Tanksley

Y Griffin

Y Marable

Y Taylor

Y Guhl

Y Middleton

Y Thomas,D

Y Harbison

Y Oliver

N Thomas,N

Y Henson

Perdue

Y Thompson

Y Hill

Y Price,R

Y Turner

Hooks

Y Price,T

N Tysinger

Y Huggins

Ragan

Y Walker

Y James

Y Ralston

On the adoption of the resolutions, the yeas were 42, nays 4, and the resolutions were

adopted.

The resolutions on the Compensation Calendar, except HR 1142, having received the requisite constitutuional majority, were adopted.

HR 1142, having received the requisite constitutional majority, was adopted as am-r\ea-nndr\ce*df\.

SENATE RULES CALENDAR
Monday, March 16, 1998 THIRTY-EIGHTH LEGISLATIVE DAY

HB 1642 Judges; certain prior service; appointment as senior judge (Substitute)(Amendment)(Judy-42nd) Barnes-33rd

(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 13, 1998.)

HB 1393 Watercraft; boating under the influence; child endangerment (Substitutes)(Amendments)(Judy-42nd) Ehrhart-36th

(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 13, 1998.)

HB 1486 Local governments; toll roads and bridges; provisions (Trans-33rd) Burkhalter-41st

HB 1441 Municipal courts; misdemeanor jurisdiction; repeal certain provisions (SubstituteXAmendmentXS Judy-46th) Hudgens-24th

SR 596

Senate Study Committee on Vocational Student Organizations-create (Amendment)(Rules-llth)

SR 632

Senate Study Committee on Public Education Disciplinary Reform-create (Rules-39th)

HB 1327 Workers' compensation; amend provisions (Substitute)(I&L-29th) Smith-109th

MONDAY, MARCH 16, 1998

1551

HB 1731 HB 1540 HB 1430 HB 409 HB 244 HB 1551 HB 1161 HB 1225 HR 742 HB 932 HB 908 HB 1784 HB 1565 HB 458 HB 1316 HB 1639 HB 1556 HB 978 HB 1392

Cobb Judicial Circuit; superior court judges; compensation (Judy-37th) Ehrhart-36th
Zoning; development rights; provide for transfer (Substitute) (SLGO-G51st) Stancil-16th
Special license plates; transfer; amend provisions (Substitute) (Amendment)(Trans-48th) Powell-23rd
QBE; authorized curriculum; include driver's education (Substitute)(Ed42nd) Porter-143rd
Educational grants; lengthen school year (Amendment)(Ed-47th) Smith-175th
Real estate transfer tax; increase; remit to certain fund (Amendment)(F&PU-22nd) Walker-Ulst
Income tax credit; certain low-emission vehicles (F&PU-44th) Walker141st
Ethics and Efficiency in Government Act; enact (SLGO-G-18th) Day153rd
Blue Ribbon Commission on State Government Facilities; create (Rules18th) Walker-141st
Medical Examiners; State Board; function as state agency (Amendment)(SLGO-G-22nd) Randall-127th
Alcoholic beverages; purchasing for persons under 21; increased penalties (SubstituteXC Aff-29th) Epps-131st
Sales and use tax; certain unidentifiable proceeds; distribution (F&PU44th) Royal-164th
Health; chlamydia screening test; require insurance coverage (Substitute)(I&L-22nd) Childers-13th
Public officers; oath of office; amend provisions (SLGO-G-48th) Hecht97th
Certain civil cases; recommence in federal court (Judy-51st) Ragas64th
Stalking and aggravated stalking; amend provisions (Substitute) (Judy-42nd) Cooper-31st
Educational scholarships; amend provisions (H Ed-22nd) Polak-67th
Torts; automobile air bags; failure to deploy; liability (Substitute)(Trans-32nd) Wiles-34th
Shoplifting; increase threshold amount (Judy-3rd) Murphy-18th

1552

JOURNAL OF THE SENATE

HB 1490 HB 1491 HB 1520 HB 1640 HB 1654 HB 1437 HB 1550 SR 633 HB 1432 HB 1674 HB 1683 HB 661 HB 1664 HB 1557 HB 1485 HB 1183 HB 1143 HB 862 HB 1604

Turner County peanut monument; designate official monument (Ag13th) Holland-157th
Dental hygienists; Board of Dentistry membership; requirements (H&HS-47th) Cummings-27th
Sales tax for education; alternate distribution formula (F&PU-31st) Royal-164th
Lifetime sportsman's licenses; Wildlife Endowment Fund; establish (SubstituteXNat R-20th) Lane-146th
Schools; sex education; legal consequences of parenthood (Ed-3rd) Mosley-171st
Income tax; employer social security credit; allow deduction (F&PU44th) Jamieson-22nd
Local governments; school construction; transfer of property to boards of education (Substitute)(Ed-5th) Teper-61st
Senate Study Committee on Municipal Law Enforcement Employmentcreate (Rules-39th)
EPD; issuance of permits; authorize certain refusals (Nat R-47th) Purcell-147th
Atlanta Court Division; Fulton Superior Court; pilot program (S Judy40th) Martin-47th
Used motor vehicles; certain display on property; prohibit (C Aff-33rd) Roberts-162nd
Employees' Retirement; Teachers Retirement; certain employees; elect either system (Substitute)(Ret-23rd) Baker-70th
Georgia Commission on the Holocaust; create (Rules-12th) Henson65th
Local government authorities; registration; include members names; availability (SLGO-G-48th) Teper-61st
City bus improvement districts; existence period; renewal (Substitute)(SLGO-G-31st) Shanahan-lOth
Education; child in state custody; attorneys' fees (Substitute) (Ed-44th) Ashe-46th
Charitable organizations; certain audits; increase collection amounts (F&PU-50th) Buck-135th
Insurance; certain countersignature requirements; exemption (Substitute)(I&L-24th) Harbin-113th
Housing authorities; certain nonresidents; prohibit presence on property (Substitute)(Judy-42nd) Barnes-33rd

MONDAY, MARCH 16, 1998

1553

HR 1004 State of Georgia and Ivory Coast; declare sister states (Int Coop-10th) Jones-71st

HB 674

Income tax; setoff debt; collection for political subdivisions (Substitute)(F&PU-12th) Channel!-111th

HB 1373 Strikes; prohibitions; additional public employees (SLGO-G-28th) Irvin-45th

HB 1169 Safety belts; failure to wear; certain fees; prohibit (Judy-16th) Murphy-18th

HB 1452 Fulton County; purchasing department; public letting and bids (SLGOG-35th) Orrock-56th

Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee
The following general bill of the House, having been read the third time and final action suspended on March 13, 1998, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 1642. By Representative Barnes of the 33rd:
A Bill to amend Code Section 15-1-9.2 of the Official Code of Georgia, Annotated, relating to requests for assistance of senior judges, so as to provide that any judge with a combination of ten years of service in a combination of certain courts shall be eligible for appointment as senior judge; and for other purposes.
The substitute offered by Senators Oliver of the 42nd and Thompson of the 33rd, as amended, as it appears in the Journal of March 13, was automatically reconsidered.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute, as amended.
On 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
Hooks Y Huggins Y James Y Johnson,D

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

1554

JOURNAL OF THE SENATE

Y Ray

Y Streat

Y Roberts

Tanksley

Y Scott

Y Taylor

Y Starr

Y Thomas,D

Y Stookeess

Y Thomas,N

On passage of the bill, the yeas were 52, nays 0.

Y Thompson Y Turner Y Tysinger
Walker

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

Senator Perdue of the 18th, President Pro Tempore, assumed the Chair.

The following general bill of the House, having been read the third time and final action suspended on March 13, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage.

HB 1393. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.
The substitute offered by the Senate Natural Resources Committee appears in the Journal of March 13, 1998.
The amendment offered by Senator Cagle of the 49th to the committee substitute, as adopted, appears in the Journal of March 13, 1998.
The amendment offered by Senator Egan to the James, Walker amendment, as adopted, appears in the Journal of March 13, 1998.
The amendment offered by Senators James of the 35th and Walker of the 22nd to the committee substitute, as it appears in the Journal of March 13, 1998, was automatically reconsidered.
Senators Clay of the 37th, Dean of the 31st and Thompson of the 33rd offered the following amendment:
Amend the James, Walker amendment to HB 1393 by adding on line (8) of page 2 following the word subdivision the words, "or private apartment community".
On the adoption of the Clay, et al. amendment to the James, Walker amendment, the yeas were 36, nays 0, and the amendment was adopted.
On the adoption of the James, Walker amendment, the yeas were 38, nays 2, and the amendment was adopted as amended.
On the adoption of the committee substitute, the yeas were 29, nays 2, and the committee substitute was adopted as amended.
Senator Thompson of the 33rd moved that Senator Glanton of the 34th be excused. On the motion, the yeas were 30, nays 0, and Senator Glanton was excused.
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:

MONDAY, MARCH 16, 1998

1555

Y Abernathy

Y Griffin

Y Balfour

Y Guhl

N Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Y Johnson,D

Y Cagle

Johnson.E

Y Cheeks

Y Kemp

Y Clay

N Lamutt

Y Crotts

Y Land

Y Dean

Y Langford

Egan

Y Madden

Fort

Y Marable

Gillis

Y Middleton

EX Glanton

Y Oliver

Y Gochenour

Perdue(PRS)

On the passage of the bill, the yeas were 46, nays 2.

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
Walker

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

The following resolution was read and adopted:

SR 771. By Senator Ragan of the llth: A resolution commending the Mitchell-Baker High School Eagles basketball team.
Senator Ragan of the llth introduced the Mitchell-Baker boys basketball team, commended by SR 771.
The President resumed the Chair. The Calendar was resumed.

HB 1486. By Representatives Burkhalter of the 41st, Benefield of the 96th, Barnes of the 33rd and others:

A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties and municipalities, so as to provide for legislative findings and implementation; to provide for exemptions from regulation by the Public Service Commission, Department of Transportation, and State Tollway Authority.

Senate Sponsor: Senator Thompson of the 33rd.

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

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

N Abernathy Y Balfour N Blitch N Boshears

Y Bowen Y Broun, 46th N Brown, 26th
Brush

Y Burton Y Cagle Y Cheeks Y Clay

1556

JOURNAL OF THE SENATE

Y Crotts

Y Johnson,D

Dean

Y Johnson,E

N Egan

N Kemp

N Fort

Y Lamutt

Gillis

Y Land

Y Glanton

Y Langford

Y Gochenour

Y Madden

Y Griffin

Y Marable

N Guhl

Middleton

Y Harbison

Y Oliver

Y Henson

Y Perdue

Y Hill

Y Price,R

Y Hooks

Y Price,T

Y Huggins

Y Ragan

N James

Y Ralston

On the passage of the bill, the yeas were 42, nays

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.

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 1734. By Representative Clark of the 3rd: A bill to create the Catoosa County Public Works Authority.

HB 1925. By Representative Whitaker of the 7th:
A bill to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority.

HB 1926. By Representative Breedlove of the 85th:
A bill providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.

SB 709. By Senator Crotts of the 17th:
A bill to create the State Court of Henry County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to specify business hours of the court; to specify costs and fees; to provide for transfer of certain matters from the Superior Court of Henry County.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
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;

MONDAY, MARCH 16, 1998

1557

to provide for applicability to state and local government; to provide for the meaning of terms.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 474. By Senators Hooks of the 14th, Perdue of the 18th, Starr of the 44th and others:
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.
The following bill was taken up to consider House action thereto:
SB 529. By Senator Langford of the 29th:
A bill to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes made to a taxpayer's ad valorem tax return, so as to provide for additional information and disclosures which must be provided to the taxpayer; to provide an effective date; to provide for applicability.
The House amendment was as follows:
Amend SB 529 by striking line 1 of page 1 through line 36 of page 2 and inserting in their place the following:
"To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to authorize additional appeals of certain erroneous assessments; to provide for alternate methods of providing notice of assessments; to provide for additional information and disclosures which must be provided to the taxpayer; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding a new Code section immediately following Code Section 48-5-6, to be designated as Code Section 48-5-6.1, to read as follows:
'48-5-6.1.
In the event property whose value was established by an appeal and which has not otherwise had or been altered by any additions, deletions, or improvements since January 1 of that taxable year is sold during the same calendar year at fair market value, as fair market value is defined in Code Section 48-5-2, and the sales price is lower than the value established as a result of the appeal, such sale price shall be prima facie proof that an erroneous assessment was made for that taxable year and such taxpayer may request a refund for that taxable year pursuant to Code Section 48-5-380 based upon the difference between the assessment established on appeal and the correct assessment established by such fair market value sale.'

1558

JOURNAL OF THE SENATE

SECTION 2.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 48-5306, relating to notice of changes made to a taxpayer's ad valorem tax return, and inserting in their place new subsections (a) and (b) to read as follows:
'(a)Method of giving notice to taxpayer of changes made in his or her return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer and if in the opinion of the board any taxpayer has omitted from his or her returns any property that should be returned or has failed to return any of his or her property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only his or her proportionate share of taxes. When any such corrections, changes, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any changes made in his or her returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as Hibl-class registered mail to the taxpayer's last known address. A county may use first-class mail in lieu of registered mail if it publishes in the legal organ of the county an advertisement containing a notice that assessments will be mailed to property owners and that taxpayers who have not received an assessment should contact the county board of tax assessors. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered "Return in five days to" the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type "OFFICIAL TAX MATTER."
(b)Contents of notice.
(1) The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain: the
(A) The amount of the previous assessment;, Hie
(B) The amount of the current assessment;, dud Hie
(C) The year for which the new assessment is applicable^ lu all cases, thu iiulice shall contain a
(D) A brief description of the assessed property broken down into real and personal property classifications;, the
(E) The fair market value of property of the taxpayer subject to taxation; and the assessed value of the taxpayer's property subject to taxation after being reduced;
(F) An estimate, using the previous year's raillage rates, of the total increase or decrease in taxes on the property that may result from the changes made to the assessment;

MONDAY, MARCH 16, 1998

1559

(G) A brochure or other publication describing the exemptions and preferential assessments available to the taxpayer along with the conditions of eligibility and deadlines for applying for each; and
(H) A statement indicating that the data and figures used in developing the valuations shown on the notice are available upon request at no cost for inspection by the legal owner of the property in question in the office of the county board of tax assessors issuing the notice.
(2) In addition to the fuieguiiig items required under paragraph (1) of this subsection, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
"The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court.
If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number)."'
SECTION 3.
This Act shall become effective on January 1, 1999, and shall apply to all taxable years beginning on or after that date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed."
Senator Langford of the 29th moved that the Senate agree to the House amendment.
On the motion, 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
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
Johnson,D Johnson,E Y Kemp Y Lamutt Y Land Y 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 Y Thomas.N Y Thompson Y Turner Y Tysinger Y Walker

1560

JOURNAL OF THE SENATE

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 529.
The Calendar was resumed.
HB 1441. By Representatives Hudgens of the 24th, McBee of the 88th and Heard of the 89th:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to repeal provisions relating to misdemeanor jurisdiction of municipal courts of certain consolidated governments.
Senate Sponsor: Senator Broun of the 46th.
The Senate Special Judiciary Committee offered the following substitute to HB 1441:
A BILL
To be entitled an Act to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal courts, so as to repeal provisions relating to misdemeanor jurisdiction of municipal courts of certain consolidated governments; to provide for related matters; to authorize any municipal court within a municipality of this state having a population of 135,000 or more according to the United States decennial census of 1990 or any future such census jurisdiction to try and dispose of certain cases in which persons are charged with solicitation of sodomy of a person 17 years of age or older, prostitution, and criminal trespass; to provide for concurrent jurisdiction and transfer of cases; to provide for limits on penalties; to provide for retention of fines and forfeitures; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal courts, is amended by repealing in its entirety Code Section 36-32-10.2 which reads as follows:
"36-32-10.2.
(a) Notwithstanding any other provision of law to the contrary and in addition to any other jurisdiction conferred by law, the municipal court of any government which has been created through the unification or consolidation of county and city governments is granted jurisdiction to try and dispose of any misdemeanor violation of the laws of this state punishable as set forth in Code Sections 17-10-3 and 17-10-4, provided that the following conditions are and continue to be met:
(1) The chief judge of said court must be full time and a resident of the county wherein such municipal court is located, and each judge of said court must be a member in good standing of the State Bar of Georgia and must have been such a member for a minimum of three years before becoming judge;
(2) The prosecuting attorney for that court having general misdemeanor jurisdiction in the county wherein any alleged misdemeanor violation occurs must consent to be the prosecuting attorney of such municipal court and must be authorized and made by ordinance the prosecuting attorney of such court; and
(3) Provision must be made for the availability of general probation supervision, fine collection services, counseling, and other probation services for persons convicted in

MONDAY, MARCH 16, 1998

1561

such court and placed on probation, as set forth in Code Section 42-8-102 or as otherwise provided by law.
The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any defendant charged with any misdemeanor violation pursuant to this Code section at any time before trial or before the entry of a plea of guilty or nolo contendere shall be entitled on request to have the case against such defendant transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. In addition, no such municipal court described in this Code section shall have the power to dispose of such misdemeanor cases as provided in this Code section unless the defendant shall first waive in writing a trial by jury.
(c) A person convicted of any misdemeanor violation in municipal court pursuant to this Code section shall be punished as provided in the provision of law for which such person was convicted or as provided by any other applicable Code section.
(d) The prosecuting attorney of a municipal court of a unified or consolidated government shall have no less authority and discretion in the prosecution of such misdemeanor violations as he or she would if the same were otherwise prosecuted in that court having general misdemeanor jurisdiction.
(e) Any judge of a state court or a magistrate court of the county in which a municipal court of a unified or consolidated government is located may be authorized and made by ordinance the chief judge or any judge of said municipal court so long as he or she consents to same and fulfills the qualifications of paragraph (1) of subsection (a) of this Code section.
(f) Any fines and forfeitures arising from the prosecution of cases pursuant to this Code section shall be retained by the unified or consolidated government and shall be paid into the treasury of such government.
(g) It shall be the duty of the appropriate agencies of the unified or consolidated government, within the limits of which an offense under subsection (a) of this Code section occurred, to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35 or as otherwise required by law",
and inserting in lieu thereof a new Code Section 36-32-10.2 to read as follows:
"36-32-10.2.
(a) Any other provision of this chapter or any other law notwithstanding, the municipal court of any municipality of this state having a population of 135,000 or more, according to the United States decennial census of 1990 or any future such census, is granted jurisdiction to try and dispose of cases in which a person is charged with any of the following offenses committed within the corporate limits of that municipality:
(1) Solicitation of sodomy, as prohibited by Code Section 16-6-15, of a person 17 years of age or older;
(2) Prostitution, as prohibited by Code Section 16-6-9; and
(3) Criminal trespass, as prohibited by Code Section 16-7-21.
The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any defendant charged in a municipal court with an offense listed in subsection (a) of this Code section shall be entitled, upon request, to have the case against such per-

1562

JOURNAL OF THE SENATE

son transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(c) A person convicted in a municipal court of solicitation of sodomy of a person 17 years of age or older shall be punished as provided in subsection (a) of Code Section 16-6-15. A person convicted in a municipal court for prostitution shall be punished as provided in subsection (a) of Code Section 16-6-13. A person convicted in a municipal court for criminal trespassing shall be punished as provided in subsection (d) of Code Section 16-7-21. Nothing in this Code section or in Code Section 16-6-13, 16-6-15, or 16-7-21, shall be construed to give any municipality the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter.
(d) Any fines and forfeitures arising from the prosecution of offenses in a municipal court of a municipality as authorized by subsection (a) of this Code section shall be retained by that municipality and shall be paid into the treasury of that municipality."
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.

Senator Oliver of the 42nd offered the following amendment:
Amend the Senate Special Judiciary Committee substitute to HB 1441 by striking in their entirety lines 7 through 9 on page 1 and inserting in lieu thereof the following:
"municipality of this state to try and dispose of".
By striking the words "and criminal trespass" on line 12 on page 1 and inserting in lieu thereof the following:
"criminal trespass, obstructing or hindering law enforcement officers, and giving false name, address, or birthdate to law enforcement officer".
By striking in their entirety lines 23 through 25 on page 3 and inserting in lieu thereof the following:
"of this state is granted jurisdiction to try and".
By striking the word "and" on line 32 on page 3.
By striking the period at the end of line 34 on page 3 and inserting in lieu thereof a semicolon and by adding between lines 34 and 35 on page 3 the following:
"(4) Obstructing or hindering law enforcement officers, as prohibited by Code Section 16-10-24; and
(5) Giving false name, address, or birthdate to law enforcement officer, as prohibited by Code Section 16-10-25."
On the adoption of the amendment, Senator Guhl of the 45th called for the yeas and nays.
The call was sustained, and the vote was as follows:

Y Abernathy N Balfour Y Blitch Y Boshears

Y Bowen Y Broun, 46th Y Brown, 26th N Brush

N Burton N Cagle Y Cheeks
Clay

MONDAY, MARCH 16, 1998

1563

N Crotts

Johnson.D

N Ray

Y Dean

N Johnson,E

N Roberts

Egan

Y Kemp

Y Scott

Y Fort

Y Lamutt

Starr

Y Gillis

Y Land

Stokes

N Glanton

N Langford

Streat

N Gochenour

N Madden

N Tanksley

Y Griffin

Y Marable

Y Taylor

N Guhl

N Middleton

N Thomas,D

Y Harbison

Y Oliver

Y Thomas,N

Y Henson

Y Perdue

N Thompson

Y Hill

N Price,R

Y Turner

Y Hooks

N Price,T

N Tysinger

N Huggins

Y Ragan

Y Walker

Y James

N Ralston

On the adoption of the amendment, the yeas were 28, nays 22, and the Oliver amend-

ment was adopted.

On the adoption of the substitute, the yeas were 37, nays 1, 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

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

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 52, nays 1.

Y Price,R Y Price,T Y 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 Y Turner Y Tysinger
Walker

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

SR 596. By Senators Ragan of the llth and Marable of the 52nd:
A resolution creating the Senate Study Committee on Vocational Student Organizations.

1564

JOURNAL OF THE SENATE

The Senate Rules Committee offered the following amendment:

Amend SR 596 by striking the word "ten" on line 22 of page 2 and inserting in lieu thereof the word "five".

On 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 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:

Y Abernathy

Griffin

Y Price,R

Y Balfour

Guhl

Y Price,T

Y Blitch

Y Harbison

Y Ragan

Y Boshears

Y Henson

Y Ralston

Y Bowen

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

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

Walker

Y Gochenour

Y Perdue

On the adoption of the resolution, the yeas were 51, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

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.

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

Cheeks Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour

Y Griffin Y Guhl Y Harbison Y Henson
Hill Y Hooks Y Huggins Y James Y Johnson,D Y Johnson,E

MONDAY, MARCH 16, 1998

1565

Y Kemp

Y Price,R

Y Streat

Y Lamutt

Y Price,T

Y Tanksley

Y Land

Y Ragan

Taylor

Y Langford

Y Ralston

Y Thomas,D

Y Madden

Y Ray

Y Thomas,N

Y Marable

Roberts

Y Thompson

Y Middleton

Y Scott

Y Turner

Y Oliver

Y Starr

Y Tysinger

Y Perdue

Y Stokes

Y Walker

On the adoption of the resolution, the yeas were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Perdue of the 18th, President Pro Tempore, assumed the Chair.

HB 1327. By Representatives Smith of the 109th, Howard of the 118th, Bannister of the 77th and Martin of the 47th:
A bill to amend Code Section 24-3-18 of the Official Code of Georgia Annotated, relating to the admissibility of medical reports, so as to provide that the provisions of said Code section shall not be applicable to workers' compensation claims; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for criminal penalties for willful retention of income benefits to which an employee is not entitled.
Senate Sponsor: Senator Langford of the 29th.
The Senate Committee on Insurance and Labor offered the following substitute to HB 1327:

A BILL
To be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for criminal penalties for fraudulent retention of income benefits to which an employee is not entitled; to provide that Code Section 24-3-18 shall not apply to workers' compensation claims filed under Chapter 9 of Title 34; to provide for admission of laboratory test results in an administrative hearing if accompanied by an affidavit from a laboratory; to provide for the method of determining temporary partial benefits; to delete the time limitation on when an employee may change physicians without authorization of the board; to deny the payment of compensation for death or disability caused by a subsequent nonwork related injury; to provide for the intent of the General Assembly to codify existing case law; to change provisions relating to the procedure for payment of income benefits; to provide that payment of compensation for permanent partial disability resulting from hernia surgery shall be made in accordance with Code Section 34-9-263; to provide for reimbursement to an insurer or self-insurer under certain conditions; to change provisions relating to the Self-insurers Guaranty Trust Fund; 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.
Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-21, relating to the penalty for viola-

1566

JOURNAL OF THE SENATE

tion of a rule of the board, and inserting in lieu thereof a new Code Section 34-9-21 to read as follows:
"34-9-21.
Any perhuu who violates ui fails 01 lefusus lu comply vvilh any mle uf the buaid shall be fined nuL less than $20.00 and uut inuiy than $200.00 fui each uffeuse. Any employee who, with the intent to defraud, receives and retains any income benefits to which he or she is not entitled shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine of not less than $1,000.00 nor more than $10,000.00 or by imprisonment not to exceed one year, or by both such fine and imprisonment."
SECTION 2.
Said chapter is further amended by adding at the end of subsection (e) of Code Section 34-9-102, relating to a hearing before an administrative law judge, new paragraphs (4) and (5) to read as follows:
"(4) A written laboratory test result report under Code Section 34-9-415 shall be admissible in evidence if accompanied by an affidavit from the laboratory confirming authenticity.
(5) Code Section 24-3-18 shall not apply to workers' compensation claims filed under Chapter 9 of this title."
SECTION 3.
Said chapter is further amended by striking subsection (a) of Code Section 34-9-104, relating to the modification of an award or order contained in a prior decision in the event of a change in condition, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a)'Change in condition' defined; benefits. (1) As used in this Code section, the term 'change in condition' means a change in the wage-earning capacity, physical condition, or status of an employee or other beneficiary covered by this chapter, which change must have occurred after the date on which the wage-earning capacity, physical condition, or status of the employee or other beneficiary was last established by award or otherwise.
(2) When an injury is not catastrophic, as denned in subsection (g) of Code Section 34-9-200.1, and the employee is not working, the board shall determine that a change in condition for the better has occurred and the employee shall be entitled to the payment of benefits for partial disability in accordance with Code Section 34-9262 if it is determined that the employee has been capable of performing work with limitations or restrictions for 52 consecutive weeks. Within 60 days of the employee's release to return to work with restrictions or limitations, the employee shall receive notice from the employer on a form provided by the board that will inform the employee that he or she has been released to work with limitations or restrictions, will include an explanation of the limitations or restrictions, and will inform the employee of the general terms of this Code section. In no event shall an employee be eligible for more than 78 aggregate weeks of benefits for total disability while such employee is capable of performing work with limitations or restrictions. No provision of this paragraph shall be interpreted to prevent a change in condition from occurring pursuant to paragraph (1) of this subsection or to prevent an employee from becoming eligible for benefits for total disability should such employee subsequently become totally disabled after exhausting 52 consecutive weeks or 78

MONDAY, MARCH 16, 1998

1567

aggregate weeks of such benefits while capable of performing work with limitations or restrictions. Whenever an employer seeks to convert an employee from benefits for total disability to benefits for partial disability as provided in this paragraph, such employer may convert the benefits unilaterally by filing a form indicating the reason for the conversion as prescribed by rule of the board.
(3) For the purposes of calculating temporary partial benefits as contemplated by this Code section, benefits shall be paid as follows:
(A) When an employee is receiving the maximum benefits allowed under Code Section 34-9-261, the employer shall cause to be paid the employee an amount equal to the maximum benefit allowed under Code Section 34-9-262; or
(B) When an employee is receiving less than the maximum allowed by Code Section 34-9-261, the employer shall continue to pay the employee the same benefits as provided by Code Section 34-9-261 not to exceed the maximum benefit provided by Code Section 34-9-262."
SECTION 4.
Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 34-9-201, relating to the selection of a physician from a panel of physicians, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) The employer may maintain a list of physicians in conformity with the guidelines and criteria established and contained in the Rules and Regulations of the State Board of Workers' Compensation. This list shall be known as the 'Conformed Panel of Physicians.' An employee may obtain the services of any physician from the conformed panel and may thereafter also elect to change to another physician on the panel without prior authorization witliin 00 days uf Ihe dale uf fiist Uealiumil feu Hie injury of the board. The physician so selected will then become the primary authorized treating physician in control of the employee's medical care and may arrange for any consultation, referral, and extraordinary or other specialized medical services as the nature of the injury shall require without prior authorization by the board; provided, however, that any of the physicians to whom the employee is referred by the primary authorized treating physician shall not be permitted to arrange for any additional referrals; or"
SECTION 5.
Said chapter is further amended by striking Code Section 34-9-204, relating to the payment of compensation for death or disability resulting from an employee's refusal to submit to or neglect to follow surgical treatment, and inserting in lieu thereof a new Code Section 34-9-204 to read as follows:
"34-9-204.
(a) No compensation shall be payable for the death or disability of an employee if his or her death is caused by or, insofar as his or her disability, may be aggravated, caused, or continued by an umeasuuable lefusal tu submit tu suigeiy ui a angled tu fulluw any leasuiiablu uuigical UuaUutuit by a competent suigyoii a subsequent nonwork related injury which breaks the chain of causation between the compensable injury and the employee's disability.
(b) It is the intent of the General Assembly that this Code section codify existing case law."

1568

JOURNAL OF THE SENATE

SECTION 6.
Said chapter is further amended by striking subsection (a) of Code Section 34-9-221, relating to the procedure for payment of income benefits, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Where the claimant's address of record is in Georgia, payment shall be made in cash or negotiable instrument drawn on a Georgia depository, except where an application for exception is made to the State Board of Workers' Compensation and the applicant demonstrates that reasonable methods of payment exist that will assure the timely receipt of payment of compensation benefits to the claimant. All applicants must meet the permitting requirements of subsection (b) of Code Section 34-9-131 or
riLiuricCLluii \tj) ul vjuue oGCtiun o4~y~-L*s j.
SECTION 7.
Said chapter is further amended by striking subsection (b) of Code Section 34-9-243, relating to the effect of payments made when not due, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Except as otherwise provided in this Code section or in a collective bargaining agreement, the employer's obligation to pay or cause to be paid weekly benefits under Code Section 34-9-261 or 34-9-262 shall be reduced by the employer funded portion of payments received or being received by the employee pursuant to a disability plan, a wage continuation plan, or from a disability insurance policy established or maintained by the same employer from whom benefits under Code Section 34-9-261 or 349-262 are claimed if the employee employer did contribute directly to such a plan or policy. The employer funded portion shall be based upon the ratio of the employer's contributions to the total contributions to such plan or policy."
SECTION 8.
Said chapter is further amended by striking subsection (f) of Code Section 34-9-265, relating to compensation for death resulting from causes other than injury, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Each insurer or self-insurer which, in a compensable death case, finds no dependent or dependents qualifying to receive dependency benefits shall pay to the State Board of Workers' Compensation one-half of the benefits which would have been payable to such dependent or dependents or the sum of $10,000.00, whichever is less. All such funds paid to the board shall be deposited in the general fund of the state treasury. If, after such payment has been made, it is determined that a dependent or dependents qualified to receive benefits exist, then the insurer or self-insurer shall be entitled to reimbursement by refund for moneys collected in error."
SECTION 9.
Said chapter is further amended by striking Code Section 34-9-266, relating to the payment of compensation for time loss, disability, or death resulting from hernia, and inserting in lieu thereof a new Code Section 34-9-266 to read as follows:
"34-9-266.
In all claims for compensation for hernia resulting from injury by accident arising out of and in the course of the employee's employment it must be definitely proved to the satisfaction of the board (1) that there was an injury resulting in hernia, (2) the hernia appeared suddenly, (3) the hernia was accompanied by pain, (4) the hernia imme-

MONDAY, MARCH 16, 1998

1569

diately followed an accident, and (5) the hernia did not exist prior to the accident for which compensation is claimed. All inguinal, femoral, or other hernias which are proven to be the result of an injury by accident arising out of and in the course of employment shall be treated in a surgical manner by radical operation. If death results from such operation, the death shall be considered as a result of the injury and compensation shall be paid in accordance with Code Section 34-9-265. In nonfatal cases, time loss only shall be paid unless it is shown by special examination, as provided in Code Section 34-9-202, that the injured employee has a permanent partial disability resulting from the operation. If so, compensation shall be paid in accordance with Code Section 34-9-202 34-9-263. In the event the injured employee refuses to undergo the radical operation for the cure of the hernia, no compensation shall be allowed during the time such refusal continues. If, however, it is shown that the employee has some chronic disease or is otherwise in such physical condition that the board considers it unsafe for the employee to undergo such operation, the employee shall be paid as provided in Code Section 34-9-262."
SECTION 10.
Said chapter is further amended by striking Code Section 34-9-385, relating to the bankruptcy of participants in the Self-insurers Guaranty Trust Fund, and inserting in lieu thereof a new Code Section 34-9-385 to read as follows:
"34-9-385.
(a) Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of-such event.
(b) Any person who files an application for adjustment of a claim against a participant who has filed for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings have been filed or for whom a receiver has been appointed must file a written notice of such fact with the board and the board of trustees within 30 days of such person's knowledge of the event.
(c) Upon receipt of any notice as provided in subsection (a) or (b) of this Code section, the board shall determine whether the participant is insolvent according to procedures established by the board of trustees and approved by the board. Such determination shall be made within a reasonable time after the date the board and board of trustees receive notification as provided in subsection (a) or (b) or this Code section.
(d) When a participant is determined to be an insolvent self-insurer, the board of trustees is empowered to and shall assume on behalf of the participant its outstanding workers' compensation obligations excluding penalties, fines, and claimant's attorneys' fees assessed pursuant to subsection (b) of Code Section 34-9-108 and shall take all steps necessary to collect, recover, and enforce all outstanding securities, indemnity, insurance, or bonds furnished by such participant guaranteeing the payment of compensation provided in this chapter for the purpose of paying outstanding obligations of the participant. The board shall convert and deposit into the fund such securities and any amounts received under agreements of surety, guaranty, insurance, or otherwise on behalf of the participant. Any amounts remaining from such securities, indemnity, insurance, bonds, guaranties, and sureties, following payment of all compensation costs and related administrative fees of the board of trustees including attorneys' fees, and following exhaustion of all amounts assessed and received pursuant to subsections (a) and (b) of Code Section 34-9-121 and any applicable rule of the board may be re-

1570

JOURNAL OF THE SENATE

funded by the fund as directed by the board of trustees, subject to the approval of the board, to the appropriate party one year from the date of final payment, provided no outstanding liabilities remain against the fund.
(e) The board of trustees shall be a party in interest in all proceedings involving workers' compensation claims against a participant whose workers' compensation obligations have been paid or assumed by the board of trustees and shall be subrogated to the rights of the participant. In such proceedings the board of trustees shall assume and may exercise all rights and defenses of the participant, including, but not limited to:
(1) The right to appear, defend, and appeal claims;
(2) The right to receive notice of, investigate, adjust, compromise, settle, and pay claims; and
(3) The right to investigate, handle, and controvert claims.
(f) In any proceeding in bankruptcy in which the payment of benefits has been stayed, the board of trustees, through a designated representative, shall appear and move to lift the stay so that the orderly administration of claims can proceed.
(g) The board of trustees shall notify all employees who have pending claims against a participant for workers' compensation benefits which are subject to the provisions of this article of the name, address, and telephone number of the party administering and defending their claim.
(h) The board may, in its discretion, direct that the Self-insurers Guaranty Trust Fund honor and pay, in whole or in part, the contractual fee arrangement between an attorney and a claimant pursuant to subsection (a) of Code Section 34-9-108, provided that application to honor the fee arrangement is made after notice pursuant to subsection (g) of this Code section and subject to consideration of objections by any party.
(i) No provision of this Code section shall impair any claims in the insolvent self-insurer's bankruptcy by any provider of services related to the insolvent self-insurer's workers' compensation obligations, to the extent those claims remain unpaid, including but not limited to medical providers or attorneys representing either the insolvent self-insurer or claimants."
SECTION 11.
All laws and parts of laws in conflict with this Act are repealed.
Senator Fort of the 39th offered the following amendment:
Amend the committee substitute to HB 1327 by striking line 1 on page 2 and inserting in lieu thereof the following:
"and aul muiti than $200.00 fui eaili uffeiibe. (a) Any employee".
By striking the quotation marks at the end of line 8 on page 2.
By inserting between lines 8 and 9 on page 2 the following:
"(b) Any employer or agent or employee of such employer who, with the intent to defraud, commits any fraudulent act with the intent to deny any income or medical benefits to any employee who is entitled under the law to receive such benefits shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine of not less than $1,000.00 nor more than $10,000.00 or by imprisonment not to exceed one year, or by both such fine and imprisonment.

MONDAY, MARCH 16, 1998

1571

(c) No employee or employer, or any employee or agent of any such person or entity, shall intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any person for the purpose of influencing the testimony of any such person in any workers' compensation hearing or proceeding and any such employee or employer, or any employee or agent of any such person or entity who commits any such act or acts shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense by a fine of not less than $1,000.00 nor more than $10,000.00 or by imprisonment not to exceed one year, or by both such fine and imprisonment."
On the adoption of the amendment, Senator Boshears of the 6th called for the yeas and nays.
The call was sustained, and the vote was as follows:

Y Abernathy

Y Griffin

N Price,R

N Balfour

N Guhl

N Price,T

Y Blitch

Y Harbison

N Ragan

Y Boshears

N Henson

N Ralston

N Bowen

Hill

N Ray

N Broun, 46th

N Hooks

N Roberts

Y Brown, 26th

N Huggins

Y Scott

N Brush

Y James

N Starr

N Burton

Y Johnson,D

N Stokes

N Cagle

N Johnson,E

N Streat

N Cheeks

Kemp

N Tanksley

N Clay

N Lamutt

N Taylor

N Crotts

N Land

N Thomas.D

Y Dean

N Langford

Y Thomas,N

N Egan

N Madden

Thompson

Y Fort

N Marable

N Turner

N Gillis

Middleton

N Tysinger

N Glanton

N Oliver

Y Walker

N Gochenour

Perdue(PRS)

On the adoption of the amendment, the yeas were 13, nays 38, and the Fort amend-

ment to the committee substitute was lost.

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

The report of the committee, which was favorable to the passage of the bill by 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 N 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

1572

JOURNAL OP THE SENATE

Y Madden

Y Ralston

Y Marable

Y Ray

Y Middleton

Y Roberts

Y Oliver

Y Scott

Perdue(PRS)

Y Starr

Y Price,R

Y Stokes

Y Price.T

Y Streat

Y Ragan

Y Tanksley

On the passage of the bill, the yeas were 53, nays 1.

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.

The following bills were read the first time and referred to committee:

HB 1734. By Representative Clark of the 3rd: A bill to create the Catoosa County Public Works Authority.
Referred to Committee on State and Local Governmental Operations.

HB 1925. By Representative Whitaker of the 7th:
A bill to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority.
Referred to Committee on State and Local Governmental Operations.

HB 1926. By Representative Breedlove of the 85th: A bill providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.
Referred to Committee on State and Local Governmental Operations. The following bill was taken up to consider House action thereto:

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.
The House amendments were as follows:
Amendment (24 0171)
Amend SB 474 by inserting after the word "including" on line 35 of page 10 the following: "lobbying as defined in Code Section 21-5-70,".
Amendment (Rice)
Amend SB 474 as follows: page 2, line 18, after "schools," add "and religious organizations providing services to the state,".
Senator Hooks of the 14th moved that the Senate disagree to the House amendments.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 474.

MONDAY, MARCH 16, 1998

1573

The following resolution was read and adopted:

SR 774. By Senator Ragan of the llth: A resolution commending the coaches and players of the Southwest Georgia Academy Lady Warriors basketball team.
At 12:18 P.M., Senator Perdue of the 18th, President Pro Tempore, announced the Senate would stand in recess until 1:45 P.M.
Senator Perdue of the 18th called the Senate to order at 1:45 P.M. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House:
HB 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.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
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 Calendar was resumed.

HB 1731. By Representatives Ehrhart of the 36th, Wiles of the 34th, Sauder of the 29th and others:

A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit.

Senate Sponsor: Senator Clay of the 37th.

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

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

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 Y Fort

Y Gillis Y Glanton Y Gochenour
Griffin Y Guhl Y Harbison
Henson Y Hill

1574

JOURNAL OF THE SENATE

Hooks

Y Middleton

Y Huggins

Y Oliver

James

Perdue(PRS)

Johnson.D

Y Price,R

Y Johnson,E

Y Price.T

Y Kemp

Y Ragan

Y Lamutt

Y Ralston

Y Land

Y Ray

Y Langford

Y Roberts

Y Madden

Scott

Y Marable

Y Starr

On the passage of the bill, the yeas were 44, nays 0.

Y Stokes 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.

HB 1540. By Representatives Stancil of the 16th, Royal of the 164th, Pinholster of the 15th and Smith of the 12th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, "The Zoning Procedures Law," so as to provide for the transfer of development rights.
Senate Sponsor: Senator Ralston of the 51st.
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1540:

A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the transfer of development rights; to provide for definitions; to provide for requirements and procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter immediately following Chapter 66, to be designated Chapter 66A, to read as follows:
"CHAPTER 66A
36-66A-1.
As used in this chapter, the term:
(1) 'Development rights' means the maximum development that would be allowed on the sending property under any general or specific plan and local zoning ordinance of a municipality or county in effect on the date the municipality or county adopts an ordinance pursuant to this chapter. Development rights may be calculated and allocated in accordance with factors including dwelling units, area, floor area, floor area ration, height limitations, traffic generation, or any other criteria that will quantify a value for the development rights in a manner that will carry out the objectives of this Code section.
(2) 'Person' means any natural person, corporation, partnership, trust, foundation, nonprofit agency, or other legal entity.

MONDAY, MARCH 16, 1998

1575

(3) 'Receiving property' means a lot or parcel within which development rights are increased pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for development and shall be sufficient to accommodate the transferable development rights of the sending property without substantial adverse environmental, economic, or social impact to the receiving property or to neighboring property.
(4) 'Sending property' means a lot or parcel with special characteristics, including farm land; woodland; desert land; mountain land; a flood plain; natural habitats; recreation areas or parkland, including golf course areas; or land that has unique aesthetic, architectural, or historic value that a municipality or county desires to protect from future development.
(5) 'Transfer of development rights' means the process by which development rights from a sending property are affixed to one or more receiving properties.
36-66A-2.
Pursuant to the provisions of this Code section, the governing body of any municipality or county by ordinance may, in order to conserve and promote the public health, safety, and general welfare, establish procedures, methods, and standards for the transfer of development rights within its jurisdiction. Any proposed transfer of development rights from the sending property shall be subject to the notice and hearing requirements of Code Section 36-66-4. Any proposed transfer of development rights to the receiving property shall be subject to the notice, hearing, and signage requirements, if any, of the municipality having jurisdiction over the receiving property or, if no municipality has such jurisdiction, the county having jurisdiction over the receiving property as required by such local governing authority for rezoning. Any proposed transfer of development rights shall be subject to the approval and consent of the property owners of both the sending and receiving property and shall be subject to a separate vote of approval or disapproval by the local governing authority. Prior to any transfer of development rights, a municipality or county shall adopt an ordinance providing for:
(1) The issuance and recordation of the instruments necessary to sever development rights from the sending property and to affix development rights to the receiving property. These instruments shall be executed by the affected property owners and lienholders;
(2) The preservation of the character of the sending property and assurance that the prohibitions against the use and development of the sending property shall bind the landowner and every successor in interest to the landowner;
(3) The severance of transferable development rights from the sending property and the delayed transfer of development rights to a receiving property;
(4) The purchase, sale, exchange, or other conveyance of transferable development rights prior to the rights being affixed to a receiving property;
(5) A system for monitoring the severance, ownership, assignment, and transfer of transferable development rights;
(6) The right of a municipality or county to purchase development rights and to hold them for conservation purposes or resale;
(7) The right of a person to purchase development rights and to hold them for conservation purposes or resale;

1576

JOURNAL OF THE SENATE

(8) Development rights made transferable pursuant to this Code section shall be interests in real property and shall be considered as such for purposes of conveyancing and taxation. Once a deed of transferable development rights created pursuant to this Code section has been sold, conveyed, or otherwise transferred by the owner of the parcel from which the development rights were derived, the transfer of development rights shall vest in the grantee and become freely alienable. For the purposes of ad valorem real property taxation, the value of a transferable development right shall be deemed appurtenant to the sending property until the transferable development right is registered as a distinct interest in real property with the appropriate tax assessor or the transferable development right is used at a receiving property and becomes appurtenant thereto; and

(9) Such other provisions as the municipality or county deems necessary to aid in the implementation of the provisions of this chapter."

SECTION 2.

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

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

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

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

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 49, nays 0.

Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott
Starr 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.

HB 1430. By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th and others:
A bill 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 regis-

MONDAY, MARCH 16, 1998

1577

tration and license requirements and penalties; to change certain provisions relating to transfer of license plates and revalidation decals.
Senate Sponsor: Senator Ray of the 48th.
The Senate Committee on Transportation offered the following substitute to HB 1430:
A BILL
To be entitled an Act to amend Code Section 19-11-18 of the Official Code of Georgia Annotated, relating to child support collection procedures, notice, and judicial review, so as to provide for filing and perfecting a child support lien against a motor vehicle for which a certificate of title is required; to provide for priorities of certain liens; 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 operation of unregistered vehicles or vehicles without current license plates, revalidation or county decals, storage of unlicensed vehicles, jurisdiction, and disposition of fines; to change certain provisions relating to registration and license requirements and penalties; to change certain provisions relating to registration periods; to change certain provisions relating to commemorative license plates; to change the definition of dealer; to change certain provisions relating to transfer of license plates and revalidation decals; to change certain provisions relating to certificates of registration and replacement of lost registration certificate; to change certain provisions relating to issuing license plate or revalidation decal for salvage or rebuilt motor vehicles; to change certain provisions relating to license plate commemorating 1996 Olympic Games; to change certain provisions relating to license plates promoting United States Disabled Athletes Fund; to change certain provisions relating to license plates promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources; to define certain terms; to provide for enrollment, registration, and licensing of fleets of motor vehicles under certain conditions; to change certain provisions relating to consular corps license plates; to change certain provisions relating to special license plates for Medal of Honor winners; to change certain provisions relating to special license plates for disabled veterans not qualifying under Code Section 40-2-69; to change certain provisions relating to design of disabled veteran plates and restrictions on issuance and transfer; to change certain provisions relating to special license plates for former prisoners of war; to change certain provisions relating to special license plates for persons with disabilities; to change certain provisions relating to special license plates for amateur radio operators; to change certain provisions relating to alternative fueled vehicle license plates; to change certain provisions relating to special license plates for antique or hobby or special interest vehicles; to change certain provisions relating to special license plates for firefighters; to change certain provisions relating to transfer of special license plates; to change certain provisions relating to special or prestige license plates for jointly owned vehicles; to change certain provisions relating to license plates for veterans awarded Purple Heart; to change certain provisions relating to license plates for veterans who survived attack on Pearl Harbor; to change certain provisions relating to special and distinctive license plates for veterans; to change certain provisions relating to special license plates for emergency medical technicians; to change certain provisions relating to license plates commemorating Civil War battlefields and historic sites; to change certain provisions relating to license plates supporting public schools; to change certain provisions relating to exclusions from requirement for certificate of title; to change certain provisions relating to lost, stolen, mutilated, or destroyed certificates of title; to change certain provisions relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates; to change certain provisions relating to

1578

JOURNAL OF THE SENATE

salvage or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits; to provide that certain driver education vehicles shall not be required to obtain a certificate of title; to change certain provisions relating to procedure for reflecting subsequent transactions on a certificate of title; to change certain provisions relating to perfection of certain security interests; to change certain provisions relating to perfection and enforcement of liens; to amend Code Section 48-5-473 of the Official Code of Georgia Annotated, relating to returns for taxation of motor vehicles and application for and issuance of license plates upon payment of taxes due, so as to change certain provisions regarding the return of motor vehicles for ad valorem taxation and payment of such taxes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 19-11-18 of the Official Code of Georgia Annotated, relating to child support collection procedures, notice, and judicial review, is amended by striking the word "and" at the end of subparagraph (b)(3)(A) and by striking subparagraph (b)(3)(B) and inserting in lieu thereof the following:
"(B) With respect to personal property except motor vehicles, the IV-D agency may also file notice of a child support lien with the social security number of the obligor noted thereon with the Secretary of State, Muloi Vehicle Division uf the Derailment uf Revenue, or office or agency responsible for the filing or recording of liens:; and"
SECTION 2.
Said Code section is further amended by adding at the end of paragraph (3) of subsection (b) a new subparagraph (C) to read as follows:
"(C) With respect to motor vehicles for which a certificate of title is required pursuant to Chapter 3 of Title 40, the IV-D agency may file notice of a child support lien with the social security number of the obligor noted thereon with the Motor Vehicle Division of the Department of Revenue. A child support lien shall become perfected as of the date a certificate of title showing the child support lien is issued by the department and the permanent records of the department are changed to reflect such lien. A filed or recorded but unperfected child support lien shall be valid against the obligor. A filed or recorded but unperfected child support lien shall not constitute actual or constructive notice to and shall not be valid against owners of the motor vehicle who are not the obligor and shall not constitue actual or construtive notice to and shall not be valid against individuals or entities which become transferees of the motor vehicle prior to perfection, creditors of the obligor, or holders of security interests or liens in the motor vehicle which have been perfected in accordance with Chapter 3 of Title 40 prior to perfection of the child support lien. A child support lien perfected as provided in this subparagraph shall be subordinate to any security interest or lien which has been perfected prior to the perfection of the child support lien and shall be subordinate to mechanic's liens regardless of when perfected."
SECTION 3.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-2-8, relating to operation of unregistered vehicles or vehicles without current license plates, revalidation decals, or

MONDAY, MARCH 16, 1998

1579

county decals, storage of unlicensed vehicles, jurisdiction, and disposition of fines, and inserting in lieu thereof the following:
"(b)(l) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia.
(2) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle and piuvidud, fuilhei, that the . The county tag agent may upon request issue to such purchaser a notice from the tag agent indicating that such vehicle has been recently acquired and stating the deadline for registering such vehicle in this state during the applicable initial registration period, which notice the purchaser may place on the rear of the vehicle in the space provided for a license plate for temporary display during such initial registration period and prior to registration; provided, however, that if any such notice is issued it shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor.
(3) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties."
SECTION 4.
Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-2-20, relating to registration and license requirements and penalties, and inserting in lieu thereof the following:
"(a)(l) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, except as provided in paragraph (3) of this subsection, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period. The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall, within the initial registration period of such vehicle, register such vehicle as provided in this chapter and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the pur-

1580

JOURNAL OF THE SENATE

chaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed ui leased motor vehicle; or a court ordered sale or other involuntary transfer, a salvage mului
vdiiulc, OT & uiuturv diii<lt3 wlui*li 10 stolen LJULQiiUBci^uciiLl^i c^;u vci cu ijy tlicmSlii ~
aiice cumpaiiy aflei payment uf a total luss claim, the lienholder m lessui, or the transferor, the salvage dealui, ui iiihiam, iutpei:liveiy, shall not be required to provide the certificate of registration for such vehicle; but such a peiboii ur entity olhui lhaa a lebbui shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation."
SECTION 4A.
Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-2-21, relating to registration periods, and inserting in lieu thereof the following:
"(1) 'Registration period' means:
(A) In all counties except those for which a local Act has been enacted pursuant to this Code section:
(i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose surname appears first on the certificate of title or other record of ownership; or
(ii) For entities other than natural persons:
(I) The month of January for the owner whose name begins with the letter A or B;
(II) The month of February for the owner whose name begins with the letter C or D;
(III) The month of March for the owner whose name begins with the letter E or F;
(IV) The month of April for the owner whose name begins with the letter G orH;
(V) The month of May for the owner whose name begins with the letter I or
J;
(VI) The month of June for the owner whose name begins with the letter K or L;
(VII) The month of July for the owner whose name begins with the letter M orN;
(VIII) The month of August for the owner whose name begins with the letter Oor P;
(DC) The month of September for the owner whose name begins with the letter Q or R;
(X) The month of October for the owner whose name begins with the letter S orT;

MONDAY, MARCH 16, 1998

1581

(XI) The month of November for the owner whose name begins with the letter U, V, or W; and
(XII) The month of December for the owner whose name begins with the letter X, Y, or Z; or
(iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or
(B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period:
(i) For natural persons:
(I) The month of January for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March;
(II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June;
(III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and
(IV) The month of April for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of October, November, or December; or
(ii) For entities other than natural persons:
(I) The month of January for the owner whose name begins with the letter A, B, C, or D;
(II) The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K;
(III) The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; and
(IV) The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or
(iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or
(C)(i) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30.
(ii) The provisions of division (i) of this subparagraph notwithstanding, December 1 through February 15 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons.
For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate of title or other record of ownership. Any other provision of this paragraph notwithstanding, registration of vehicles under the International Registration Plan shall be

1582

JOURNAL OF THE SENATE

as provided by Code Section 40-2-88, and registration of vehicles under the fleet registration plan shall be as provided by Article 2A of this chapter."
SECTION 5.
Said title is further amended by striking subsection (b) of Code Section 40-2-32.1, relating to commemorative license plates, and inserting in lieu thereof the following:
"(b) Beginning in calendar year 1998, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of uuL niuie than $25.00 in addition to the regular motor vehicle registration fee shall be issued a commemorative license plate pursuant to the enactment of a law by the General Assembly and approval by the commissioner in accordance with subsection (a) of this Code section. Revalidation decals, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, shall be issued for any such commemorative license plates in the same manner as provided for general issue license plates."
SECTION 6.
Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-2-39, relating to registration and licensing of new motor vehicle dealers, and inserting in lieu thereof the following:
"(1) 'Dealer' means any person engaged in the business of selling or leasing or offering to sell or lease new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales or leases. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles."
SECTION 7.
Said title is further amended by striking subsection (b) of Code Section 40-2-42, relating to transfer of license plates and revalidation decals, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The commissioner shall provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $5.00, and, upon preparation and filing of an appropriate application therefor, currently valid annual and five-year license plates and revalidation decals shall be transferred from one vehicle to another vehicle of the same class of which ownership is subsequently acquired by the same peisun uyuii following that person's Li ansfei uf or those persons' ceasing to own or operate on the public roads the vehicle for which such plate was originally issued and during the initial registration period for the acquired vehicle. If upuii Uaiisfei uf a vehicle a peisun acquires a such acquired vehicle is of a different class than the vehicle no longer owned or operated by such person, he or she shall submit the license plate currently issued to him or her for cancellation and, upon payment of any additional fee for registering such new acquired vehicle, the commissioner shall issue a new license plate to such person for use on such acquired vehicle. License plates and revalidation decals shall may be transferred only duiiug in accordance with the provisions of this subsec-

MONDAY, MARCH 16, 1998

1583

tion at any time after issuance or renewal thereof and until the expiration of the period for which issued.
(c) The commissioner shall provide appropriate procedures whereby, when the registered owner of a jointly owned motor vehicle is deceased, the license plate issued for the motor vehicle may, upon appropriate application and payment of fees, be transferred to the surviving owner's name, provided that the surviving owner acquires a new certificate of title under subsection (d) or paragraph (1) of subsection (e) of Code Section 40-3-34 and makes the payment of appropriate ad valorem taxes."
SECTION 8.
Said title is further amended by designating the existing provisions of Code Section 402-43, relating to certificate of registration and replacement of lost registration certificate, as subsection (a) thereof and by adding a new subsection (b) to read as follows:
"(b) Any dealer or owner of a vehicle may apply to the commissioner or any county tag agent for a duplicate of the last registration certificate issued to the previous or current owner for that vehicle. The commissioner or county tag agent, upon receipt of an application and a fee of $1.00, shall provide the duplicate registration certificate."
SECTION 9.
Said title is further amended by striking Code Section 40-2-45, relating to issuing license plate or revalidation decal for salvage or rebuilt motor vehicles, and inserting in lieu thereof the following:
"40-2-45.
(a) No person shall transfer a license plate or decal from one vehicle to any other motor vehicle which is a 'salvage' or 'rebuilt' motor vehicle as provided in Chapter 3 of this title unless the owner of such vehicle submits satisfactory proof to the commissioner that the motor vehicle inspection required by Code Section 40-3-37 has been performed and such vehicle has been determined to be in full compliance with the law.
(b) Notwithstanding subsection (a) of this Code section, if a vehicle is damaged, scrapped, dismantled, or demolished and tranferred to an insurance company or licensed rebuilder and the transferor of such vehicle has a current, unexpired license plate and registration issued therefor, such license plate shall be transferred to another vehicle acquired by such transferor according to the provisions of Code Section 40-2-42 or 40-2-80, as applicable?
SECTION 10.
Said title is further amended by striking Code Section 40-2-46, relating to license plate commemorating 1996 Olympic Games, and inserting in lieu thereof the following:
"40-2-46.
(&) Hie Olty ul Atlfliitfl. eUiu tilt; orate ui xieui'j^ici llaviilg ueeii Selected, uj tile iiltei'iia*
tiuilal Olympic (Julllillittee Lu llusl "tile 1990 OlylllpiC trciiiitjs, tlicit; Slieulr be issUtiu. be*
Quilling m 199ii SpeCI&l liCfellSe plate si CO CGilinieiliOrate tilti liolcllllg Oi CITS 199G
UlyHi^jnj (JemleS.
(b} Hie CGllliiiisEJlGliei1 tillcill prepare Special uislrlictivt? license plaleci ui a ueSigii appi'u-
priekt& tu CGlll.QleniGrcit(3 tile 1990 OiyillpiC (jrallleS. It shall nut be ii TeQuii'Bllleilt Tllat &
uu uiiLy iifciiiit; tleCHl ue eiJ.IiA.eu 3.11C1 QlSpltiytiu Oil IlCei-isc jJlclLtifci ISSuciu. tiiiud1 tllici LJoCle
section.
(c) Til Ccu^llu&i1 ytitJTcJ 1991 tlirOUgll 1990, <lliy iliOtOi' v^lllCle OWllei1 WilO is St I'eeiiuJSIlt Cri
Cjreui^ia, ilpGll COlllplyillg Witll tile Hiotui' V6iliCi6 i<lW remtillg Lu rGglsti'&tlGIi flUu li-

1584

JOURNAL OF THE SENATE

Ce-ilSllig ul inu LuiV cliiCicSctliu upuiitile pcty 111eilt OI ctiliciii ulciCL Ln'iii^ lee OI ilOt iiiui e Lliciii IpijU.UU111 culuiLiun tO tll6 I'egttlar illOtui1 velliule ilegi811'a11G11lee, Sliu.ll ue IS S lieu sudi 3 sueClciiiiCeiiSeulate.P^uL Witiist<iiiu.lTigany tuiitx'eil1"ypi'uVlsiOil-ciOI Ouu-e oeCtiuii *HJ-j&-*J J., oiidi suedcllliCciiSeplate SIHHJ D"euseO-untilJJ cueinutit1 o J.j lyyOj clliCiuntil SUCll uiiLtia~Stile uwneiIS leCjUu'eu. tu IcTegiStei tlie velnCle 111 -LyyV, ctiiu. i*eVcillilciLiuii
tiuii tO all utlier lee&^ei^u-iieu. byKLW,vVlllcli lee Sllctll OG uu1leCteu uy tlie COUltty tdg
agent at the time uf collection uf ulliei legistiatiuii feub and lemitted tu the btate as
years 1992 tliiuugh 1990, as piuvided in subsectiuii (d) uf Cude Sectiuii 40-2-31. in
Calclldai vcai'S 1992 through 1996 SUt;li Sbetjial liuciiSe blateS lllaV be tialiSfclTcd bcft.w..epperiii ive-li-iiii.c-ilic- s^ c.-tLo ap.i.iu...v.!i.u1^eu.1 ;11t^1 Ov^no.ul^e oQc^t--.-ntiu..ri.r *.iAv/-9ZiA-oful.
(d) Nulwitlibtandiiig thu foiegoing piuvibiuns uf tliis Code suction, this Code section shall nut be implemented uiiLil huuh time as the State of Georgia has, tliiuugh a licensing agi ewmeiil ui1 utheiwise, luceived such licenses or uthei1 pel missions as may be
i ci^iln cu ivi Llic use: ul LIic wlj'uipiC lu^O Lrli lnjdiSc ^jl^tLcs Or 2CS liid^ uLllci1 Witic uc ncucooai^ OT a^j^ji u}ji late TO iili^ilciiiclk L Lills v/uilc ricwLivjii. Hie CvjliiniiSiSluiid IS tlLiLIiui-
i/cd, uii behalf uf tlie slate, lu negotiate and execute any such licensing agieement.
Ally budi licensing cig^icellleiit sliali ue SpprOVeu ay tile rlSC3.1 All&ll'S IoUuCOIllIllitt6eS ul tilfe~ iSeliatfr ciiiu tlic 1 luUSc ul JAepi'eSellt&tl VeS ueiui'e ueiilg ^XSCtlteu. uy tile CUiiiiniS"' S1OH6T. irOT tile pUl'pOSe OI COiiClUO,iiig SliCll ail agi'eellleilt, tlie tonilttlS SlOiier may tlicti^e lecS, illaIte pfl.yTHent/S, talte utilel ciCtluiirij cliitl ci^i ec tu OT nilpOBe tclliio ciiiu
illelit^ lOi* tilt uric OI u.eSigils ciiiu Stmilcii* llitelleCtlial pi'Opei'ty. WitlluUt lilllitcitiuii, tlie
Cuininissionci* iiiay agi'ee to allow to otiieis tiie excitisive 01* nonexclusive use 01 tlie o,csi^n ul Liiecoui11ic11iui ntiveliesusepiats^iiiciuuiiig pi umuLiuiiu.!use0.11dinaya^iee to
tullcCt tliiult^li luCm to.^ agents aila I'eiiiit tu tlie riueiiSOl* ul tlie OlyillplC logo Oil Otll6r designis ctliy tee O1T royalty tlie llC6iiSOr lll&y Cliaige to tue llCellfee pleitc purdlttsei' lui SUCll USe. 1 lie O,eSlgii OI tile COlllllleillul'ative llCeTlSe plate^ eXucutlllg uiil^ Llic wl^iilpiC lu^u tinu ally OtllCT ^jai't OI Xlle u!.eSlgll OWlleO. by u tliei s ctiiu lnjeilSeu tu Llie riLcity, rilicill be OAViitJU. SOlel^y uy tlie ot&te ui xjrcui'gia lui itis cXuluoiVc tiise ailu. Cuilti'Ol, eXCept. as auLllul' 1 ^.t:u. Uy tlie COilliiiiBCsiOlltJF. i lie COiliilUssiuiier may taK.e SUCll. steps EiS may ue ll.eCeSSai'y tO glVe ilOtlCc Ol 3.110. pi'OteCt SulCll 1 iglit, UlClLlu-ing tile COpyi*lgllt7. lluWeVci, suCli &LcuS Sliail OS u u 111 u. 1 ci Live OI t/llc O wnei oliiu ailu feXClXiSiVe USe ciiiu COliti'ul eStauliSll^u. by tins euuSettiuii Qfs a. lil&ttei1 ul law ailu llO^pei'suii sllml ileprodu-Ce Ol1 utllerWiSe US6 SUCll deSigll, exCept as autliui'i^eu ay tile uuiiiilllSsiuiiei'.
Reserved."
SECTION 11.
Said title is further amended by striking subsection (f) of Code Section 40-2-48, relating to license plates promoting United States Disabled Athletes Fund, and inserting in lieu thereof the following:
\i) XJpOii tlciii&lci ul tlie OWiieiSllip ul o. private pariStJligei velllCle ilpOlT WlliClT Vllert; iS a Sp^Cial license plate iSSUeO. uliiO-er tlnS vJuu-e SeCLiuil, 8Uuli pltitti Sliail ue I'elilOVeO. iilO,
the autliuiity Lu use the plaLe shall theieby be canceled, piuvided, howevei, thai aftei
vehicle, the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."

MONDAY, MARCH 16, 1998

1585

SECTION 12.
Said title is further amended by striking subsections (e) and (g) of Code Section 40-2-49, relating to license plates promoting the Nongame-Endangered Wildlife Program of the Department of Natural Resources, and inserting in lieu thereof the following:
"(e) The Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund shall bear the cost of the manufacture of each such license plate. The funds derived from the sale of wildlife conservation fund license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established by Code Section 12-3-602 and shall be expended only for the purposes enumerated in subsection (b) of Code Section 12-3-602."
"(g) Wildlife conservation fund license plates shall be transferred from one vehicle to another subsequently acquiied vehicle in accordance with the provisions of Code Section 40-2-42."
SECTION 12A.
Said title is further amended by adding a new Article 2A to read as follows:
"ARTICLE 2A
40-2-50.
(a) As used in this article, the term:
(1) 'Fleet' means 1,000 or more motor vehicles; and
(2) 'Fleet registration plan' means the method of registering the motor vehicles of a fleet as provided in this article.
40-2-51.
(a)(l) A corporation or firm which has an established place of business in this state or which is controlled by a parent corporation which has an established place of business in this state and which owns or operates under a lease agreement a fleet which is not required to be registered under the International Registration Plan in accordance with Article 3A of this chapter may enroll in the fleet registration plan and register and obtain licenses to operate the motor vehicles in such fleet as provided in this article.
(2) The provisions of this article for fleet enrollment, registration, and licensing shall not apply to any corporation or firm which leases or rents motor vehicles to other persons for use thereby.
(b)(l) Applications for enrollment of a fleet under the fleet registration plan may be submitted to the department in the form and manner prescribed thereby during the period of December 1 of the prior registration year to February 15 of the year for which the license plates are to be issued. Motor vehicles of a fleet shall be enrolled separately by classes and by counties where the vehicles are to be registered.
(2)(A) An applicant for enrollment of a fleet under the fleet registration plan shall pay a fleet enrollment fee of $200.00 for initial enrollment of the fleet.
(B) If the applicant for enrollment of a fleet or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more, the applicant shall post a $25,000.00 surety bond at the time of applying for enrollment.

1586

JOURNAL OF THE SENATE

(3) If the department determines that the applicant is eligible for fleet registration and proper application has been made, the department shall enroll the fleet, indicate the amount of license fees due for the fleet, validate the enrollment form or forms for the applicable county or counties, and mail the validated original enrollment form or forms with fees indicated to the applicant. Such enrollment shall be valid for a period which is concurrent with that period for which regular license plates are issued for use under Code Section 40-2-31. Thereafter, the department shall, prior to December 1 of each year of the enrollment period, mail the enrollee a statement of the amount of license fees due and payable during the forthcoming registration period for such fleet.
40-2-52.
(a) After receipt of a validated fleet enrollment form, the owner or operator of the enrolled fleet shall register and obtain licenses to operate the motor vehicles thereof during the period of December 1 of the prior registration year to February 15 of the year for which the license plates are to be issued.
(b) An applicant for registration of a vehicle of an enrolled fleet shall submit a validated original fleet enrollment form to the county tag agent in each county in which vehicles enrolled under the fleet registration plan are to be registered.
(c) The provisions of Article 2 of this chapter for registering and licensing motor vehicles generally which are not inconsistent with the provisions of this article shall apply to the registration and licensing of each vehicle of an enrolled fleet. 40-2-53.
(a)(l) Upon submission by the applicant of a validated original fleet enrollment form and compliance with all applicable requirements for registration and licensing of motor vehicles, the county tag agent shall issue to the applicant a fleet motor vehicle license plate for each vehicle of the fleet to be registered and licensed in such county.
(2) The county tag agent shall mark the validated original fleet enrollment form as 'taxes paid' or 'tax exempt,' as applicable, and return such form to the registrant.
(3) The registrant shall submit to the department the validated original fleet enrollment form which has been marked as provided in paragraph (2) of this subsection.
(b) Fleet motor vehicle license plates shall be similar in design to and issued for the same period as regular license plates issued under Code Section 40-2-31, except that such fleet motor vehicle license plates shall contain such words or symbols, in addition to the numbers and letters otherwise prescribed by law, so as to distinctively identify the motor vehicles on which they are placed as fleet motor vehicles. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(c)(l) License plates issued under this Code section shall be renewed annually with a generic fleet revalidation decal.
(2) The bond required under subsection (b) of Code Section 40-2-51 shall be required at the time of any renewal of such license plates if at the time of such renewal the registrant or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more.
(d) License plates issued under this Code section shall be transferred between vehicles in the same manner as provided by Code Section 40-2-80 for special license plates issued under Article 3 of this chapter.

MONDAY, MARCH 16, 1998

1587

40-2-54.
(a) If a fleet registrant or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more, the department or its designated agent shall annually conduct an audit of such fleet registrant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or deletions from a fleet since the most recent such audit, and proof of proper payment of or exemption from ad valorem taxes on fleet vehicles. The fleet registrant shall bear the cost of or reimburse the department for the expenses of any audit required by this subsection.
(b) The department or its designated agent may perform an audit of any fleet registrant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or deletions from a fleet since the most recent such audit, and proof of proper payment of or exemption from ad valorem taxes on fleet vehicles. 40-2-55.
An enrollment of a fleet in the fleet registration plan shall be terminated by the department in the event:
(1) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 20 percent or more of the vehicles in any class of vehicles in the fleet or of those vehicles of the fleet registered in a county;
(2) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 5 percent or more of the total vehicles in the fleet;
(3) Of the conviction of the fleet registrant for any unlawful use of any license plate issued for a fleet vehicle;
(4) Of the failure of the fleet registrant to pay ad valorem taxes as required for any fleet vehicle;
(5) Of the failure of the fleet registrant to pay enrollment fees as required; or
(6) Of the forfeiture of the surety bond required under Code Section 40-2-52 or 40-253."
SECTION 13.
Said title is further amended by striking Code Section 40-2-64, relating to consular corps license plates, and inserting in lieu thereof the following:
"40-2-64.
(a) Mutui vehicle uwneib whu die huiiuiary Honorary consuls, upon complying application and compliance with the state motor vehicle laws relating to relative to the registration and licensing of motor vehicles, shall be issued twu huiiuiaiy cunsulai CUIJJM li-
l^dlSC ^jlfitco. LyVJllOLilcll ulllUlcllcy wliU ctl tj UlLlZiCllA OlLllC UULlllLz^ tllC^ L CJ1 CDCilt ollclll UC
issued such plates flee uf cliaige payment of the regular license fees for license plates as provided by law, payment of a manufacturing fee of $25.00, and payment of an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted as provided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Section 40-2-31 in duplicate for use on their official or private passenger automobiles. Such license plates shall be fastened to both the front and the rear of the vehicle. No

1588

JOURNAL OF THE SENATE

more than two sets of honorary consular corps license plates shall be issued to any country. Such plates shall not be used by any person after his or her appointment has ended.
(.Of HieCu11111HSSitjliti1' IUcl^ uc^in lOBulli^J Cuiiri lilti!'Cui'jjci llCtiliSt! ^jlctLco TOT tlieytiiir
1970 and UieiealUii' License plates issued under this Code section shall not be transferred so as to be used by any person other than the person to whom such plate was originally issued but shall be transferred to another vehicle as provided in Code Section 40-2-8'a
(c) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."
SECTION 14.
Said title is further amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor winners, and inserting in lieu thereof the following:
"(a) Motor vehicle owners who have been awarded the Medal of Honor and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates shall be transferred to another vehicle snb= sequenUy acquiied by the Medal of IIuiiui imipieiit as provided in Code Section 40-280."
SECTION 15.
Said title is further amended by striking Code Section 40-2-70, relating to special license plates for disabled veterans not qualifying under Code Section 40-2-69, and inserting in lieu thereof the following:
"40-2-70.
Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to another vehicle bubsequunlly acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a let-

MONDAY, MARCH 16, 1998

1589

ter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 16.
Said title is further amended by striking subsection (b) of Code Section 40-2-71, relating to design of disabled veterans plates and restrictions on issuance and transfer, and inserting in lieu thereof the following:
"(b) Such license plates so issued shall be transferred to another vehicle subsequently acquiied by such disabled veieian as provided in Code Section 40-2-80."
SECTION 17.
Said title is further amended by striking subsection (b) of Code Section 40-2-73, relating to special license plates for former prisoners of war, and inserting in lieu thereof the following:
"(b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes and registration fees, shall be issued additional distinctive personalized license plates. Such license plates shall be transferred to another vehicle subsequently acquired by such person individually or jointly with his or her spouse as provided in Code Section 40-2-80. Such license plates shall be fastened to the rear of the vehicles."
SECTION 18.
Said title is further amended by striking subsection (e) of Code Section 40-2-74, relating to special license plates for persons with disabilities, and inserting in lieu thereof the following:
"(e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section shall be transferred to another vehicle subsequently acquiied by such peisuii as provided in Code Section 40-2-80."
SECTION 19.
Said title is further amended by striking subsection (c) of Code Section 40-2-75, relating to special license plates for amateur radio operators, and inserting in lieu thereof the following:
"(c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates shall be transferred to another vehicle subsequently acquired by such peison as provided in Code Section 40-2-80."
SECTION 20.
Said title is further amended by striking subsections (c), (e), and (f) of Code Section 402-76, relating to alternative fueled vehicle license plates, and inserting in lieu thereof the following:
"(c) Any resident motor vehicle owner desiring a special alternative fueled vehicle license plate shall submit to the commissioner a completed application form for such ve-

1590

JOURNAL OF THE SENATE

hide. If the alternative fuel used by a vehicle is electricity, including without limitation electricity from solar energy, the applicant shall submit a $00.00 $25.00 highway user fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to subsection (d) of this Code section, a resident motor vehicle owner shall be issued a special license plate under this Code section."
"(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31; provided, however, that such a special license plate for an alternative fueled vehicle fueled by electricity, including without limitation electricity from solar energy, shall not be renewed without payment of an additional $50.00 $25.00 annual highway user fee for each such renewal, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34.
(f) Notwithstanding the provisions of Code Section 40-2-131, the funds derived from the additional $50.00 $25.00 annual registration fee provided by this Code section shall be transmitted from the commissioner of revenue to the treasurer of the Department of Transportation to be used to defray the expense of enforcing the designated travel lanes and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the department."
SECTION 21.
Said title is further amended by striking Code Section 40-2-77, relating to special license plates for antique or hobby or special interest vehicles, and inserting in lieu thereof the following:
"40-2-77.
(a) As used in this Code section, the term "antique or hobby or special interest vehicle" means any motor vehicle which is over 25 years old or a motor vehicle which has been designed and manufactured to resemble an antique or historical vehicle and which is owned as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses but which may be used for general transportation.
(b) Upon application, registration, and payment of an annual registration fee of $20.00, the commissioner shall issue a special license plate, as described in this Code section, for every antique or hobby or special interest vehicle within the state which is a private passenger car, truck weighing less than 14,000 pounds, or motorcycle.
(c) For antique vehicles or hobby or special interest vehicles, said license plates shall be of metal at least six four inches wide and not less than i2 seven inches in length and shall show in bold characters the words "Antique Vehicle" or "Hobby or Special Interest Vehicle," as appropriate, the full name or the abbreviation of the name of the state, a serial iminbei distinctive numbers or letters or a combination thereof, and other distinctive markings as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote the state. The suiial iimubeib
elieill lyUiiiinciii^c wiLIi tlic nuiiiUd Oiic HLL\JL CuxitniLLc 111 uuuod<ulivt3 iiiiiiicii^al Sci^udi^c.
(d) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger car, truck weighing less than 14,000 pounds, or motorcycle, as applicable, before issuing these plates in lieu of the regular Georgia license plate.

MONDAY, MARCH 16, 1998

1591

\&) LJ^puii tile attic Ol' Li d.iiSit;i OI Sliy 3,11X114u.c VcliiCicOT rlGiJUj' ul1 s^jctiitillllt/cl eStvelli~
CTGIGr Will Cll sjjtiCietl liCtillSe jMclLcBllelVeJjccll issLlcCl CO 3 ^jci'SOll ctllutile s liljSt;^ u.tillt
ciui^CilSltlOU OI cutiGtllt!!' fclllt/lC[Llc Ol1 llGlJuy Oi* SptiClcll Illtci'cSt VclliClc t/y ttlc Sclnltj ^ci sun,
the Special plates issued under this Code section shall be transferred to the subsequently acquiied another antique or hobby or special interest vehicle as provided by Code Section 40-2^80.
(f) Any vehicle for which an antique vehicle or hobby or special interest vehicle license plate has been issued pursuant to this Code section may be operated upon the roadways of this state in the same manner and under the same conditions as any vehicle bearing a regular Georgia license plate. No owner of such antique vehicle or hobby or special interest vehicle shall be required to obtain any special permits for its operation on the roads of this state."
SECTION 22.
Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 40-2-78, relating to special license plates for firefighters, and inserting in lieu thereof the following:
(b)(l) Upuiiliaiioici01 Hit;uwiieioliipOl el private paaaeiigt:.!vehicle upuiiwliidi
HideIS 3 licenseplate uioLiiiuLivcl^ lueiilil.yiiigtlicuwiieitlicicul ET5 cttci Liiicu
111 cli^li Lei anil ciui^uiSiCiuii l/y Llic Cci LilieCl In eii^litei OT anuLilcl' iiiutui vcllidc, tiic
The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 23.
Said title is further amended by striking Code Section 40-2-80, relating to transfer of special license plates, and inserting in lieu thereof the following:
"40-2-80.
Except as otherwise provided by law, the The commissioner shall provide by rules and regulations appropriate procedures whereby, upon the payment of the fee prescribed in Code Section 40-2-42 for transfer of license plates and revalidation decals, the currently valid special and distinctive license plates and special personalized prestige license plates authorized by this article shall be transferred from one vehicle to another vehicle of the same class of which ownership is subsequently acquired by Um peibon upuii following that person's Uaasfer uf or those persons' ceasing to own or operate on the public roads the vehicle for which such plate was originally issued and during the initial registration period for the acquired vehicle. If the vehicle acquired by such person is of a different class than the vehicle no longer owned or operated by such person, then upon payment by such person of any additional fee for registering such acquired vehicle, the commissioner shall issue a new license plate to such person for use on such vehicle. Special license plates and revalidation decals for such plates may be transferred in accordance with the provisions of this Code section at any time after issuance or renewal thereof and until the expiration of the period for which issued."
SECTION 24.
Said title is further amended by striking subsection (b) of Code Section 40-2-83, relating to special or prestige license plates for jointly owned vehicles, and inserting in lieu thereof the following:
"(b) Upuii Ihe Uanbfei uf a JuhiUy owned vehicle upon which Llitiie is a special ui pies-
lige litciiisc plait; anu tlic auust^uenl JumL ciCi|uiiliuii ul i mului vclnulc ill Llic imiiieo

1592

JOURNAL OF THE SENATE

aiit Lu LliiB aiticle aud the same ulliei pieviuuss juiiiL ownei, the liueii&e plate Special or prestige license plates issued pursuant to this article to joint owners shall be transferred to another vehicle having the same joint owners as provided by Code Section 40-2-807
SECTION 25.
Said title is further amended by striking subsections (b) and (d) of Code Section 40-2-84, relating to license plates for veterans awarded Purple Heart, and inserting in lieu thereof the following:
"(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. Said applicant may apply for and be limited to not more than one free license plate at a time; provided, however, that upon payment of the regular license fee provided for in Code Section 48-10-2 and payment of the manufacturing fee provided for in this Code section, a veteran may obtain an additional such license plate. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 250 applications have been received. After receipt of 250 applications for such distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for each additional special and distinctive license plate shall be $40.00 $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."
\(JL) -UiAAJt^yt i&~ uLIiel'Wiibt; pfOViueu in LlnS SU.useCtj.Gll, u.uGil tFciiiSIcr Gl Lllti uwij^i'Sillp'^OI
i ^jllVaLe ^)cLSibt;ii^t;l' VelUClt! IXpuil WIllCll tll616 IS 3. llCfeiiSt; pl3Le CllStlUCtlVelj' lU-tiiLil^yilij^
Lliti uwiitJi Llici t;ul ciS buuli tt V t; Lei tin, SllCli plciLt; olictll be TciliAJvt;d. ctiivj. Llic cLU.LJ.iui. Ity IAJ
USti Liiu piiiLt; slicill tlit; it; u_y 06C cii iCc le u., liO We v c i*, ctl Lei S tiCli EC li'S-llsIei.' OI O W Ilel'SlTi jj
UCCUIM, bliuulU the veteran acquiie anulhei niului vehicle, the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States who was awarded the Purple Heart citation shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry."

MONDAY, MARCH 16, 1998

1593

SECTION 26.
Said title is further amended by striking subsections (b) and (d) of Code Section 40-2-85, relating to license plates for veterans who survived attack on Pearl Harbor, and inserting in lieu thereof the following:
"(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. There shall be no minimum required number of applicants for such distinctive license plate. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00 $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."
\Ci) JiACcpL TclS Gurlsi'wi^fe Ji'uViu&u in tllTS SUuocuLnJii, iipun Li'HUSIcr Ol Lllc uwiici'sixi^i ui
t jji'i v <*L6 p&SStiliefer VfelllCle ilpGil ~Wlliti.li tlici'ti IS a. llCeiiStr jjltiLc uistliiuLiVcl^y lU-ciiLil^yiii^
Lllc u wlici1 Lllci'tJul EIS SliCli a. vetfei^flU, oilCll jjiiltc SI13.11 oft i'tiiilOVtur LHu"~lllc ailtllOi'ity tO
uHt; Liiti jjlciLc slicili Llit;icu^ uc ccniCdcU.,liu w 6Vci'f (literSLiCli 3 L.f<lll.SltJr Ol GWUei1 o111JJ
uccms, should thtj veteiau acquire anulhei motui vehicle, the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased survivor of the Japanese attack on Pearl Harbor on December 7, 1941, shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry."
SECTION 27.
Said title is further amended by striking subsections (b) and (d) of Code Section 40-285.1, relating to special and distinctive license plates for veterans, and inserting in lieu thereof the following:
"(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall design a distinctive license plate to commemorate service by the United States armed forces in wars listed in subsection (a) of this Code section. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $00.00 $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."

1594

JOURNAL OF THE SENATE

"(d) Except as otherwise provided in this bubsecliuii, upon Uaiisfei uf Lli6 uwuemhip of
SL piliVfltc pflS Sender v^lliclt^ upOll wlllCll tll6r&'iS fl ItCcllSG plfltti uiStlllCtiVtily itreiltil^'i.ilg Llie uwiici' tilGi'cOI fliS SUCll fl VctBi'fciiij csu.t;ll plciLti slictll be i einOVeil fl,lid Llic fluXllOrity tO uicst; tiic |.513t6Sllfl.ll tlltil1t;b_yDG CflllCclcu., liuVvcvei } axLei'suCliEtLi'fliife>It;i' OI OWllcialup
uccuis, should the veteiaii acquire aiiuthei mutui vehicle, the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry."
SECTION 28.
Said title is further amended by striking Code Section 40-2-86, relating to special license plates for emergency medical technicians, and inserting in lieu thereof the following:
"40-2-86.
(<i) Subject tu aubrigutiuii (d) uf tliid CuUc Sc^tiuii iiiutoi vehicle uwiieis whu ai'e le-
Diuciita Ol tlie otatt: Ol Creui gia miu wliu ai c cmei gcn^.y nieuiual teuhiiii-iciiio uul_y TT^ CCIIOCL! \jy tlim steitc, u^juii cijj^jliucttiOii cLi^Gm^jeiiiidl uy ^ji uOI Di u w iici1 alllp OT SLidi li-
CdlOC 11111 U^JUll lull l;ulll^lllllV;C Wltll tllC O tdtc lllutul V clllv,lc IdWB 111 leldtlull tO
i cgioLi citiuii anil liC^iioin^ ul iiiutui1 Vcliidcs cuiu LI^IUII ^jet^iuciit Ol an ttuuitiuiicil It^c ul
$40.00, shall be issued a license plate foi a piivate passenger vehicle uyuii which shall
be iiiamibcJ ci diatiiiutivc insignia and QIC Icttcia ^EMT* The t;uiiiiiUsaiuiit;i iniav uun-
siilt with any uigaiiizatiuiis lepieseutiiig emeigeiicy medical teclmlciaiis and with eaieigeacy medical teolmicians le&idiag in thih stale in the debign uf the special 11-
CfeilSti plflt/c du.Lliuiil6t;Ll Dy tlllS SUOScCLiun.
^uj LJpOn tffl-HSlcl* Ol tllG OWli^FSlllp Ot fl pnvfltti pSSStJil^^l1 Vtlliule ilpuii vVlliOl'l tlltsi'c IS
OT ttiiuLlitil1 illuLui* VelnClB, Lli issued~~J)m SuciiiL I/O Lino \Juuc ScCblOll Sn^ll O6 Li'S.llSlei'A*cCl uct/W^tzjell VtHliClGS ^S J)1O VlCl^u.
in Codt! Sectiuii 40-2-80.
\Cj op6013.1 lICt!US6 plk.t6S isoU-cu u.iium' L111& vJOClc ScCtlOi'i Slltll ufe ilelleW^cd fl.lllitifl.lly \Vltli a. i e v ciliu.ct Lnjii u.t;Ccil aS piOviucu. nii OOu.^; ocCtiOil 4lj-ii-oJ. up Oil p^.yill6iit Ol fl,n fltt~ UitiUila.jr^2G.OO aiillual i'e^iStl'fltiUii I6e WlllCii 166 sliflll be COll6Ct6u by tilt Cuuiit_y tHg flf^eilt cit tile ijiillfi Ol Collection ul Ottlel* T^glStrfltlOil 166 S fl-llu. T6iiiitteu. to tlit; Stittt; aS piXiVideti "1J.1 C/Ou6 tfectlOll"40-ji-o4. It siifllt ue tt ici^uiicHieiit tlieit d tuuiity nciiilc ueCm Biitill 175 alllXtJU flllCi tllSplfl,yt;u uii llCciist; plidLtiS iSsiitjiJ. U.nu.t;i t/liis LJutlt; SGCtTOITT
\\t) i lie (juiliiiiiscJlOlnii1 rillcill i'ct&iii flll iipJJllCtiLiuliis TOT &u.uli s^jetlfll ^iillt^l j^ciiuy iilmuiCeil tcClliiiCiaiis lictilSc pl^.tcb Liiltll ti lllllliiil U.111 Ot ^OtJ fl,pplICfl.tl01Ts liavc bctJll i'cCfii Vcu.. IT tll6 CuiiilillSSluiicl Ctueci 110 1 feCfeiVc tllfe r^CJUll'ed HilllllllUiU Ot iiuU ta. p p 11 u ci Liun o ITO ra.tcr Lliciii tltil^ ol Ol tllfi y eflf pi'cCGQiil^ tile y6ST OI iGSu.iiiiuc ul ouCli jjltiLtJs, iiO suCli is^jeCifll
plates shall be issued and all fees shall be lefundud Lu applicants. Such license plateb shall be issued iu cuinpliaime with the htate mutui vehicle laws lelatiiig to legistiation
ctml 1ICciising OI niuLui VclllClco flS piesCi-lDeil iil AJ. tlCl^ J& Ol LliJiS Cllflpt^I1. 1NO eiiit;i~ ^eliCy liieCliCa.1 LcCliiiiuiciii slitill bfe tJiltit/lcO,. to lilOl1^ Lliciii uiie SpeClfll fl,iiCl dlfetlllCLivc iiiO~ TOT V6rild6 'IICellS6r~plat67

MONDAY, MARCH 16, 1998

1595

Reserved."
SECTION 29.
Said title is further amended by striking subsection (b) of Code Section 40-2-86.3, relating to license plates commemorating Civil War battlefields and historic sites, and inserting in lieu thereof the following:
(,D/ LJjjull tl'&ll.SIdl' Gl vliti OWilelib111Ji Or 3. pi'iVilte jDilSScil^fci1 vclnu.lt; iipun Wliiull llitjlc IB "Si sjjpeClcilliCeiiscpiste"ET5pT0Viu.6u lil BU.bcitiCtlO.ll \&) OltiiiSvjuilc SeutlO.ll,SUCli plfctLe SHS.11 DC i11;illGVtitl 3.11L! tfltid Litliui it^ytO UStiLliti pltitt;S113.11 tllcXfeDyDG CclilCcl^Cl,pl*O~ yitlcu, TlGVvtJVci., tll&t ttlLci1 oU-Cli a tl. tuislci1 ul Ownt/iciiii^ OCuuiiS, sliuu.10. tiic lnjciust; ^IciLc
huldei acquiie another mutui vehicle, the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-280."
SECTION 30.
Said title is further amended by striking subsection (c) of Code Section 40-2-86.4, relating to license plates supporting public schools, and inserting in lieu thereof the following:
(.C) U^juli ti ciliald ul tlic uwiici'olilp ul & ^nV^itc ^jciSbdig^Gi' vclli^lt? Lijpun Vvlmui Llici'c ID a o^jcuicil liO^liSc jjlutt; 3S ulLiViiIt^u 111 ouUst/i'Liuii (.a) \ji tlim LJuilt? oc^Lluli, DUUII ^laLc aliall DE icmuvcu cxiiu tlic tiixLliui it^ TO UKC Llic ^laLc alifill Llici vljy Ut; utiiiudcu, ^11 uvlucu, OOwcVci, LllfiL t!Lci' sU.Cli a Li'aiiaici ul Owiici'Slii^ Owuuib, sliuulu tlic liuciisc ^Icttc
huldei1 acquun aiiuthei inului vehicle, the The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-280."
SECTION 31.
Said title is further amended by striking paragraph 2 of Code Section 40-3-4, relating to exclusions from requirement for certificate of title, and inserting in lieu thereof the following:
"(2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or demonstration; a vehicle owned by a dealer in vehicles but used by any Georgia public or private school for driver education purposes; or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe;"
SECTION 32.
Said title is further amended by striking subparagraph (C) of paragraph (14) of Code Section 40-3-4, relating to exclusions from requirement for certificate of title, and inserting in lieu thereof the following:
vL-vCr/ A B^CUi'llj^ lllLci'^SL 111 Oi1 licii ctgHin&t Si vclilClc Wiliuli i> ouiljJcCL I/O Llic cX~ ClU.cilOjl pi'GVlClcu IO1* ul i! tiujJcii ci^l cijjli (,A^ uJ tlno J-icii ci^i cijjli tiinj. Wiiiuil iS ^)ci ~ iBCLcu OH Of uelOl'O tllG UiiLt; dui^ll V elilClc D^COiliOS ouUjciiL tO Lli6 O pci1 fi. i/iu 11 Ol & U-Jj^jctl CL^I t|^li \A/ 01 tlHS ^)StfSi^ii fipii SliHli 1tipHe U.lilcSS ci IiuLlCc Ol ir>U.Cll SfiC U,iT.ty
inteiest 01 lien is filed with the coimiiiaskmer within 30 days fiuiii the date such vehicle bbcumes subject Lu the exclusion piuvided foi in subpaiagiaph (A) uf this

1596

JOURNAL OF THE SENATE

tirXi) A security interest in or lien against a vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph and which arises after such vehicle becomes subject to the operation of subparagraph (A) of this paragraph may be perfected in the same manner as such security interests and liens are perfected on vehicles required by this chapter to have certificates of title.
trJrXii) The transferee of any vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph, regardless of whether that vehicle has a certificate of title issued pursuant to subparagraph (B) of this paragraph, shall take such vehicle subject to any security interest or lien perfected under this paragraph;"
SECTION 33.
Said title is further amended by striking subsection (a) of Code Section 40-3-27, relating to procedures for reflecting subsequent transactions on certificates of title, and inserting in its place the following:
"(a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, such security interest holder or lienholder may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction such security interest holder or lienholder desires to be reflected on the certificate of title. The notice, a fee of $5.00 a fee as provided by Code Section 40-3-38, and the title application shall be mailed by legisteied ui certified mail, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such security interest holder or lienholder within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner or the commissioner's duly authorized county tag agent. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or the authorized county tag agent, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on such commissioner's or authorized county tag agent's records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change shall retain the return legisteied ui certified mail receipt as proof of such person's compliance with this Code section."
SECTION 34.
Said title is further amended by striking the word "and" at the end of paragraph (3), striking the period at the end of paragraph (4) and inserting in lieu thereof the symbol and word "; and", and adding a new paragraph (5) to Code Section 40-3-31, relating to lost, stolen, mutilated, or destroyed certificates of title, to read as follows:
"(5) A replacement title when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the title. The owner shall report the nonreceipt or loss and apply for replacement of the title to the commissioner within

MONDAY, MARCH 16, 1998

1597

60 days of the issuance of such title by the commissioner. An applicant shall provide an affidavit of nonreceipt and verify his or her current mailing address."
SECTION 35.
Said title is further amended by striking subsection (j) of Code Section 40-3-36, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, which reads as follows:
"(j) If any insurance company pays a total loss claim to the registered owner of a salvage motor vehicle titled in Georgia and takes possession of the salvage motor vehicle, then such insurance company, or its designee, shall remove the license plate, if available, from such vehicle and return such license plate to the commissioner for cancellation. If such license plate is unavailable, then the insurance company shall notify the commissioner of the license plate number of such salvage motor vehicle."
SECTION 36.
Said title is further amended by striking subsection (f) of Code Section 40-3-37, relating to salvage or rebuilt motor vehicles, inspections, fees, exemption of motorcycles, and glider kits, and inserting in lieu thereof the following:
"(f)(l) Motorcycles which are over 25 years old shall be exempt from the salvage laws of this state.
(2) Motor vehicles which have been altered by the installation of a glider kit shall be issued a certificate of title containing the word 'rebuilt.'"
SECTION 37.
Said title is further amended by striking subsection (a) of Code Section 40-3-52, relating to perfection of certain security interests, and inserting in its place the following:
"(a) If the owner of a motor vehicle desires to place a second or subsequent security interest against the vehicle and the certificate of title on that vehicle is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute a title application and a notice of the second or subsequent security interest; and the holder of the second or subsequent security interest shall forward such notice and title application, together with a $5.00 filing fee as provided by Code Section 40-3-38, by I'tigisteiud 01 certified mail, return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such second or subsequent security interest shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing such custodial security interest holder or lienholder within ten days to forward the notice, title application, and fee, together with the certificate of title, to the commissioner or the commissioner's duly authorized county tag agent in order that the commissioner or authorized county tag agent may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner or authorized county tag agent, upon receipt of a properly executed application notice, the fee, and the original certificate of title, shall enter the subsequent security interest on such commissioner's or authorized county tag agent's records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter."

1598

JOURNAL OF THE SENATE

SECTION 38.
Said title is further amended by striking subsection (a) of Code Section 40-3-53, relating to perfection and enforcement of liens, and inserting in its place the following:
"(a) If the holder of any lien as defined in paragraph (7) of Code Section 40-3-2 fex= ceptiiig, except the holder of a mechanic's lien, perfection of which is prescribed in Code Section 40-3-54), desires to perfect such lien against a vehicle, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed and shall forward such notice and title application, together with a $5.00 fee as provided by Code Section 40-3-38, either personally or by legisLeied ui certified mail, return receipt requested, to the person who has custody of the current certificate of title at the address shown on such certificate of title. If someone other than the owner is holding the certificate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the legislated ui certified mail receipt as proof of compliance with this Code section."
SECTION 39.
Code Section 48-5-473 of the Official Code of Georgia Annotated, relating to returns for taxation of motor vehicles and application for and issuance of license plates upon payment of taxes due, is amended by striking subparagraph (a)(2)(A) and inserting in its place a new subparagraph (a)(2)(A) to read as follows:
"(A) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time a vehicle is registered during any initial registration period for such vehicle unless the dale uf puidiasu ui uthei ac-
tjuiioiLiun Ol Llic inuLui vdnulc ui LlicuciLc Ori^j^jlii;eiLiL'liIvji suuli ECUinitiali cgis-
LiaLlvjii uCCUiawiLliiii Llic uwnci o icglsLmtiuii Jjcuuu ii Jclmeu ill ^lai. lgidpll \^-) ul
SLl]jOCl;LlLfil \<ji) Vjl VJUUC OCcLlUll"lU-ji-ji L.
SECTION 40.
This section and Sections 1 and 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4A and Section 12A of this Act shall become effective on December 1, 1998. Section 21 of this Act shall become effective on January 1, 1999. All other sections of this Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 41.
All laws and parts of laws in conflict with this Act are repealed.
Senators Taylor of the 12th and Johnson of the 1st offered the following amendment:
Amend the Senate Transportation Committee substitute to HB 1430 by inserting after "veterans;" on line 19 of page 2 the following:
"to provide for special license plates honoring United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea; to provide for special license plates commemorating certain veterans who served in the Eighth Air Force;".
By inserting between Section 27 and Section 28 the following:
"SECTION 27A.
Said title is further amended by adding a new Code Section 40-2-85.2 to read as follows:

MONDAY, MARCH 16, 1998

1599

'40-2-85.2.
(a) On and after January 1, 1999, motor vehicle owners who are United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to qualifying applicants. There shall be no minimum required number of applicants for such distinctive license plate. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The additional manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation, except that the word "CHOSIN" and no other letters shall be placed horizontally immediately to the left of the numbers on the license plate so as to distinctively identify the owner as a veteran of the Chosin Reservoir Campaign of 1950 in North Korea.
(d) Except as otherwise provided in this subsection, upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the Chosin Reservoir Campaign of 1950 in North Korea shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry.
(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.'
SECTION 27B.
Said title is further amended by adding a new Code Section 40-2-85.3 to read as follows:
'40-2-85.3.
(a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of this state upon application and upon full compliance with the state motor

1600

JOURNAL OF THE SENATE

vehicle laws in relation to registration and licensing of motor vehicles and upon payment of an additional fee of $25.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed a distinctive insignia commemorating veterans who served in the Eighth Air Force during World War II. The commissioner may consult with the Mighty Eighth Air Force Heritage Center, Inc., in the design of the special license plate authorized by this subsection.
(b) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.
(c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(d) The commissioner shall retain all applications for such special license plates until a minimum of 250 applications have been received. If the commissioner does not receive the required minimum of 250 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.'".
By striking line 25 of page 35 and inserting in lieu thereof the following:
"Sections 21, 27A, and 27B of this Act shall become effective on January 1,".
Senator Taylor of the 12th asked unanimous consent that his amendment (25 0229) be withdrawn. The consent was granted and the amendment was withdrawn.
Senators Taylor of the 12th and Johnson of the 1st offered the following amendment:
Amend the Senate Transportation Committee substitute to HB 1430 by inserting "to change certain provisions relating to special license plates, legislative findings, rules and regulations, and fees;" after "plates;" on line 32 of page 1; by inserting "to provide for special license plates honoring United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea; to provide for special license plates commemorating certain veterans who served in the Eighth Air Force;" after "veterans;" on line 19 of page 2; and by inserting between Section 12A and Section 13 the following:
"SECTION 12B.
Said title is further amended by striking '1,000' in subsection (b) of Code Section 40-260.1, relating to special license plates, legislative findings, rules and regulations, and fees, and inserting '500' in lieu thereof.
By inserting between Section 27 and Section 28 the following:
"SECTION 27A.
Said title is further amended by adding a new Code Section 40-2-85.2 to read as follows:
'40-2-85.2.
(a) On and after January 1, 1999, motor vehicle owners who are United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea shall be eligible to receive special and distinctive vehicle license plates for private passenger cars,

MONDAY, MARCH 16, 1998

1601

trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to qualifying applicants. There shall be no minimum required number of applicants for such distinctive license plate. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The additional manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation, except that the word "CHOSIN" and no other letters shall be placed horizontally immediately to the left of the numbers on the license plate so as to distinctively identify the owner as a veteran of the Chosin Reservoir Campaign of 1950 in North Korea.
(d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the Chosin Reservoir Campaign of 1950 in North Korea shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry.
(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.'
SECTION 27B.
Said title is further amended by adding a new Code Section 40-2-85.3 to read as follows:
'40-2-85.3.
(a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of this state upon application and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of an additional fee of $40.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed a distinctive insignia commemorating veterans who served in the Eighth Air Force during World War II. The commissioner may consult with the Mighty Eighth Air Force Heritage Center, Inc., in the design of the special license plate authorized by this subsection.
(b) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.

1602

JOURNAL OF THE SENATE

(c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(d) The commissioner shall retain all applications for such special license plates until a minimum of 250 applications have been received. If the commissioner does not receive the required minimum of 250 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.'".
By striking line 25 of page 35 and inserting in lieu thereof the following:
"Sections 12B, 21, 27A, and 27B of this Act shall become effective on January 1,".
On the adoption of the amendment, the yeas were 40, nays 0, and the Taylor, Johnson of the 1st amendment (25 0230) to the committee substitute was adopted.
Senator Glanton of the 34th offered the following amendment:
Amend the committee substitute to HB 1430 by adding on page 35 line 3 the following:
"Section 39
Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special vehicle license plates, is amended by adding at the end a new Code section to read as follows:
"40-2-86.5.
(a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of the regular motor vehicle registration fee and an additional initial fee of $15.00, shall be issued a license plate for a private passenger vehicle which shall bear the words 'Choose Life.' It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.
(b) The commissioner shall retain all applications thereby received for such special license plates until a minimum of 1,000 applications has been received. After the receipt of 1,000 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 1,000 applications for special license plates under this Code section no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded no later than 30 days thereafter to applicants.
All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in this article.
(c) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however, that after such a transfer of ownership occurs, should the license plate holder ac-

MONDAY, MARCH 16, 1998

1603

quire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.

(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31."

Then renumbering the following sections respectively "39" "40" "41" to "40" "41" "42"

On the adoption of the amendment, the yeas were 30, nays 7, and the Glanton amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

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

Abernathy
y Balfour

Y Griffin Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

Y Hooks

Y Brown, 26th

Y Hugging

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

N Langford

Y Egan

Y Madden

N Fort

Y Marable

Y Gillis

N Middleton

Y Glanton

N Oliver

Y Gochenour

Perdue(PRS)

On the passage of the bill, the yeas were 49, nays 4.

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
Walker

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

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Education Committee offered the following substitute to HB 409:

A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program; to provide for Carnegie unit curricu-

1604

JOURNAL OF THE SENATE

lum credits for completion of a driver education course in a driver training school; to provide for grants to public secondary schools and local school systems to support driver education courses and programs for secondary school students; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, is amended by striking subparagraph (b)(4)(A) of Code Section 20-2-151, relating to general and career education programs, and inserting in its place a new subparagraph (b)(4)(A) to read as follows:
"(A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:
(i) The high school education program which includes general, vocational, and college preparatory classes and driver's education classes;
(ii) The nonvocational high school laboratory program; and
(iii) The vocational laboratory program."
SECTION 2.
Said article is further amended by adding a new Code Section 20-2-151.2 to read as follows:
"20-2-151.2.
For the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion, on or after January 1, 1999, of a driver education course in a driver training school and under the instruction of a driver training instructor licensed by the department under Chapter 13 of Title 43, 'The Driver Training School License Act,' may be accepted by the State Board of Education for one-half unit of elective credit for any student."
SECTION 3.
Said article is further amended by adding a new Code Section 20-2-257 to read as follows:
"20-2-257.
The State Board of Education shall provide public secondary schools and local school systems with grants, subject to appropriation by the General Assembly and pursuant to applications made at the discretion of such systems. The purpose of such grants shall be to support motor vehicle driver education courses and programs for secondary school students. The amount of such grants shall be reflective of the most recent counts of age 15, 16, and 17 year old secondary school students in the public schools or local school systems. The public schools or local school systems receiving such grants may expend these funds only for purposes of providing driver education courses or programs to secondary school students. Such grants shall be supplemental to any other provision of state funds for such driver education courses or programs. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."

MONDAY, MARCH 16, 1998

1605

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Brush of the 24th offered the following amendment:
Amend the committee substitute to HB 409 by adding on page 2 line 31 after students, a new sentence to read as follows:
Such courses or programs may be provided directly by the local school system or by contract with private driver education schools licensed by Department of Public Safety.
On the adoption of the amendment, the yeas were 33, nays 5, and the Brush amendment to the committee substitute was adopted.
Senators Johnson of the 1st and Gillis of the 20th offered the following amendment:
Amend the Senate Education Committee substitute to HB 409 by inserting "to provide for student support teams in certain public schools;" before "to" on line 6 of page 1.
By inserting between Section 2 and Section 3 the following:
"SECTION 2A.
Said article is further amended by adding new Code Sections 20-2-755.1 and 20-2-755.2 to read as follows:
'20-2-755.1.
(a) Each public school in the State of Georgia containing grade six or above shall establish a minimum of one student support team and shall establish support team procedures as required by local board of education policy and State Board of Education rule. The purpose of student support teams shall include as a minimum to meet and make recommendations to the school principal on student referrals made by teachers who wish to remove from class any student who has been documented by the teacher to exhibit behavior which is so unruly, disruptive, or abusive that it substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn.
(b) The State Board of Education shall establish by rule that the student support team shall convene within a reasonable time after receiving a teacher's request for removal of a student from class for misbehavior, that the student's parent or legal guardian shall be notified and given an opportunity to attend the meeting convened by the student support team, and that it shall be the responsibility of the principal or his or her designee to convene the student support team and to notify the student's parent or legal guardian.
(c) The student support team shall, as a minimum, make a temporary placement recommendation at the conclusion of the meeting which may include returning the student to the class of the referring teacher. In the instance of any temporary placement recommendation, the student support team shall continue its placement evaluation until a final recommendation is made.
(d) Any student referred by a teacher for removal from class who poses a threat to the physical well-being of the teacher or students shall be immediately removed at the discretion of the principal or designee pending a meeting of the student support team.
(e) If a student is removed from class by the teacher pending a meeting of the student support team or as a result of the meeting, the school shall promptly notify the student's parent or legal guardian of such removal by telephone or in writing.

1606

JOURNAL OF THE SENATE

(f) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.

20-2-755.2.

(a) Each school containing grade six or above shall establish a minimum of one student support team to recommend placement of a student when a teacher recommends the removal of a student from the teacher's class. The team shall be composed of a minimum of five members which shall include the referring teacher. Other members shall be selected from potential participants identified by the State Board of Education rule establishing the requirement for student support teams.

(b) The State Board of Education shall adopt such rules and regulations as necessary to carry out the intent of this Code section and shall be authorized to require the establishment of student support teams in schools containing grades kindergarten through grade five for purposes other than those required by this Code section.'".

On the adoption of the amendment, the yeas were 31, nays 12, and the Johnson of the 1st, Gillis amendment to the committee substitute was adopted.

On the adoption of the committee substitute, the yeas were 40, nays 0, and the substitute was adopted as amended.

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

N 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

Crotts

Y Land

Y Dean

Y Langford

Y Egan

Y Madden

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 2.

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 N Thomas,N Y Thompson Y Turner Y Tysinger Y Walker

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

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

MONDAY, MARCH 16, 1998

1607

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
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 House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 437. By Senators Tysinger of the 41st, Hooks of the 14th, Starr of the 44th and others:
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.
SB 693. By Senators Thompson of the 33rd and Dean of the 31st:
A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to authorize the Department of Transportation to acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County; to provide for self-sufficient operation; to authorize the department to delegate its functions and to contract in other ways.
The Calendar was resumed.
HB 244. By Representative Smith of the 175th:
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 provide for grants for lengthening the school year and the conditions and procedures relating thereto. Senate Sponsor: Senator Madden of the 47th.
The Senate Education Committee offered the following amendment:
Amend HB 244 by striking lines 22 through 24 of page 2 and inserting in their place the following:
"must also show that a majority of parents of students attending the school or school system has not expressed disapproval of the application."
On the adoption of the amendment, the yeas were 29, nays 2, and the committee amendment was adopted.
Senator Glanton of the 34th offered the following amendment:
Amend HB 244 by striking on pg. 2 line 23 the words "attending the public hearing,".

1608

JOURNAL OF THE SENATE

On the adoption of the amendment, the yeas were 36, nays 3, and the Glanton 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:

Abernathy

Y Griffin

N Price,R

N Balfour

Y Guhl

Y Price,T

N Blitch

Y Harbison

Y Ragan

N Boshears

Y Henson

N Ralston

Y Bowen

N Hill

N Ray

Y Broun, 46th

Y Hooks

Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

N Burton

Y Johnson.D

Stokes

N Cagle

N Johnson,E

Y Streat

Y Cheeks

Y Kemp

N Tanksley

Y Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas,D

N Dean

N Langford

Y Thomas,N

N Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Middleton

Y Tysinger

N Glanton

Y Oliver

Y Walker

N Gochenour

Perdue(PRS)

On the passage of the bill, the yeas were 35, nays 16.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1551. By Representatives Walker of the 141st, Irvin of the 45th, Coleman of the 142nd and others:
A bill to amend Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the real estate transfer tax, so as to increase the tax rate by $1.00 for the first $1,000.00 or fractional part of $1,000.00 and to increase the incremental rate by 10% for each additional $100.00.
Senator Walker of the 22nd asked unanimous consent that HB 1551 be dropped to the foot of the Calendar. The consent was granted and HB 1551 was dropped to the foot of the Calendar.

HB 1161. By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for the purchase or lease of a new lowemission vehicle or the conversion of a conventionally fueled vehicle.
Senate Sponsor: Senator Starr of the 44th.

Senator Oliver of the 42nd offered the following amendment: Amend HB 1161 by inserting between "as" and "to" on line 3 of page 1 the following:

MONDAY, MARCH 16, 1998

1609

"to provide an income tax credit for expenses of private driver education for minor dependent children of taxpayers;".
By inserting between lines 15 and 16 of page 1 the following:
"SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.1, to be designated Code Section 487-29.2, to read as follows:
'48-7-29.2.
(a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-720 in an amount equivalent to the amount expended by such taxpayer for a completed course of driver education for a dependent minor child of such taxpayer at a private driver training school licensed by the department of public safety under Chapter 13 of Title 43, "The Driver Training School License Act," except as otherwise provided by this Code section.
(b)(l) The tax credit provided by this Code section shall be allowed not more than once for each dependent minor child of a taxpayer.
(2) In no event shall the amount of the tax credit provided by this Code section exceed $50.00 per dependent minor child of a taxpayer or the taxpayer's income tax liability, whichever is less.
(c) No credit shall be allowed under this Code section with respect to any driver education expenses either deducted or subtracted by the taxpayer in arriving at Georgia taxable net income or with respect to any driver education expenses for which amounts were excluded from Georgia net taxable income.
(d) No credit shall be allowed under this Code section unless the taxpayer submits with the claim for such credit written proof of the successful completion of the course of driver education by the dependent minor child and the amount expended by the taxpayer for such course.
(e) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'"
By striking lines 16 through 22 of page 1 and inserting in their place the following:
"SECTION 2.
Said article is further amended by adding a new Code section immediately following Code Section 48-7-40.14, relating to calculation of new full-time jobs, to be designated Code Section 48-7-40.15, to read as follows:".
By striking lines 11 through 16 of page 4 and inserting in their place the following:
"SECTION 3.
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1998.
(b) Section 1 of this Act shall become effective on January 1, 1999, and shall be applicable to all taxable years beginning on or after January 1, 1999.

1610

JOURNAL OF THE SENATE

SECTION 4."

On the adoption of the amendment, the yeas were 35, nays 0, and the Oliver 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 Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

Y Hooks

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

Perdue(PRS)

On the passage of the bill, the yeas were 53, 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
Walker

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Walker of the 22nd assumed the Chair.

Senator Taylor of the 12th moved that the following bill of the House be taken from the Table.

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.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1164 was taken from the Table.
Pursuant to Senate Rule 81, HB 1164 was placed at the foot of the Rules Calendar.
The Calendar was resumed.

HB 1225. By Representatives Day of the 153rd and Walker of the 141st:

MONDAY, MARCH 16, 1998

1611

A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for training of members of the General Assembly; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for a course of training; to provide for expenses; to provide for creation, powers, duties, and authority of the Georgia General Assembly Training Institute.

Senate Sponsor: Senator Perdue of the 18th.

The report of the committee, which was favorable to the 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

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

Y Langford

Y Egan

Y Madden

Y Fort

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
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(PRS)

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

HR 742. By Representatives Walker of the 141st, Murphy of the 18th, Dix of the 76th and others:

A resolution to create the Blue Ribbon Commission on State Government Facilities.

Senate Sponsor: Senator Perdue of the 18th.

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
Dean N Egan Y Fort

Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill

1612

JOURNAL OF THE SENATE

Y Hooks

Y Middleton

Y Stokes

Y Huggins

Y Oliver

Y Streat

Y James

Y Perdue

Y Tanksley

Y Johnson.D

Y Price,R

Y Taylor

Johnson.E

Y Price.T

Y Thomas,D

Y Kemp

Ragan

Y Thomas,N

Y Lamutt

Y Ralston

Y Thompson

Y Land

Y Ray

Y Turner

Y Langford

Y Roberts

Y Tysinger

Y Madden

Scott

Walker(PRS)

Y Marable

Starr

On the adoption of the resolution, the yeas were 49, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 30. By Senator Boshears of the 6th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corporation to apply for state funding grants as if it were a local governmental entity.

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.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:
HB 1737. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to provide for an advisory referendum election to be held in Floyd County for the purposes of ascertaining if the consolidation of Floyd County and the City of Rome is desired by the people of said county.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 661. By Senator Clay of the 37th:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Metropolitan River Protection Act," so as to define the term "owner" and revise the definitions of the terms "plan" and "water-

MONDAY, MARCH 16, 1998

1613

course"; to make a certain legislative finding; to provide for one or more comprehensive land and water use plans.
SB 230. By Senator Ralston of the 51st:
A bill to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the presumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption.

SB 473. By Senators Land of the 16th 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.
Senator Perdue of the 18th, President Pro Tempore, assumed the Chair.
The Calendar was resumed.
HB 932. By Representatives Randall of the 127th, Walker of the 141st and Irvin of the 45th:
A bill to-amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, physician's assistants, and respiratory care, so as to provide that the Composite State Board of Medical Examiners shall function as a separate state agency and shall be a separate budget unit of state government.
Senate Sponsor: Senator Walker of the 22nd.

The Senate State and Local Governmental Operations Committee offered the following amendment to HB 932:

Amend HB 932 by striking line 32 on page 3 and inserting in lieu thereof the following:

"(c) Two members The lliii Lbunlli numibei of the board shall be appointed".

By striking line 1 on page 7 and inserting in lieu thereof the following:

"represented. Public notice of a vacancy on the board shall be given prior to any new appointment or reappointment. Any vacancy that may occur on the board as a".

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

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

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

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

1614

JOURNAL OF THE SENATE

Y Fort

Y Kemp

Y Gillis

Y Lamutt

Glanton

Y Land

Y Gochenour

Y Langford

Y Griffin

Y Madden

Y Guhl

Y Marable

Y Harbison

Y Middleton

Y Henson

Y Oliver

Y Hill

Perdue(PRS)

Y Hooks

Y Price,R

Y Huggins

Y Price,T

Y James

Ragan

Y Johnson.D

Y Ralston

Y Johnson,E

Y Ray

On the passage of the bill, the yeas were 50, nays 0.

Y Roberts Y Scott Y Starr
Stokes 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 as amended.

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.
Senate Sponsor: Senator Langford of the 29th.
The Senate Consumer Affairs Committee offered the following substitute to HB 908:

A BILL
To be entitled an Act to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing 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; to change the penalties for underage purchase or possession of alcohol for first and subsequent offenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to the procedure and penalties upon violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b)(l) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code

MONDAY, MARCH 16, 1998

1615

Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than 30 days' six months' imprisonment or a fine of not more than $300.00, or both and except that any person convicted of violating paragraph (4) of subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor of a high and aggravated nature.

(2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor.

(3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-323 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year."

SECTION 2.

This Act shall become effective on July 1, 1998.

SECTION 3.

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

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

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

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

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
Streat Tanksley Y Taylor Y Thomas,D Thomas,N Thompson Y Turner Y Tysinger Y Walker

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

1616

JOURNAL OF THE SENATE

HB 1784. By Representatives Royal of the 164th, Murphy of the 18th, Coleman of the 142nd and others:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use taxes, so as to provide for the distribution of certain unidentifiable sales and use tax proceeds; to provide for a definition.
Senate Sponsor: Senator Starr of the 44th.

Senators Thompson of the 33rd, Tanksley of the 32nd and Clay of the 37th offered the following amendment: Amend HB 1784 by striking from lines 6 through 8 of page 1 the following:
"to provide for certain release, accord, and satisfaction of certain requests and claims;". By striking lines 3 through 15 of page 3 in their entirety. By striking "(g)" and inserting in its place "(f)" on line 16 of page 3. By striking "(h)" and inserting in its place "(g)" on line 21 of page 3.
On the adoption of the amendment, Senator Starr of the 44th called for the yeas and nays.
The call was sustained, and the vote was as follows:

Y Abernathy

N Griffin

Y Price.R

N Balfour

Y Guhl

Y Price,T

Y Blitch

Y Harbison

N Ragan

Y Boshears

N Henson

Y Ralston

N Bowen

N Hill

N Ray

N Broun, 46th

N Hooks

Y Roberts

N Brown, 26th

N Huggins

N Scott

Y Brush

Y James

N Starr

Y Burton

N Johnson,D

N Stokes

N Cagle

N Johnson.E

N Streat

Y Cheeks

N Kemp

Y Tanksley

Y Clay

Y Lamutt

N Taylor

Y Crotts

Y Land

Y Thomas,D

N Dean

Y Langford

N Thomas,N

N Egan

N Madden

Y Thompson

Y Fort

N Marable

N Turner

N Gillis

N Middleton

Y Tysinger

Y Glanton

N Oliver

N Walker

Y Gochenour

Perdue(PRS)

On the adoption of the amendment, the yeas were 25, nays 30, and the Thompson, et

al. amendment was lost.

Senators Thompson of the 33rd, Clay of the 37th and Tanksley of the 32nd offered the following amendment:
Amend HB 1784 by striking line 10 of page 1 and inserting in place thereof the following:

MONDAY, MARCH 16, 1998

1617

"termination of such distributions; to provide for the Department of Revenue to distribute certain information concerning collections to counties; to provide an effective date; to repeal".
By striking line 43 of page 2 through line 2 of page 3 and inserting in their place the following:
"(e) Pertinent, nonconfidential data and information regarding the determination and calculation of each distribution of proceeds to an authorized recipient pursuant to this Code section shall accompany each such distribution to such authorized recipient."
On the adoption of the amendment, Senator Tysinger of the 41st called for the yeas and nays.
The call was sustained, and the vote was as follows:

Abernathy

N Griffin

Y Price,R

N Balfour

Y Guhl

Y Price.T

Y Blitch

Y Harbison

N Ragan

N Boshears

N Henson

Y Ralston

N Bowen

N Hill

N Ray

N Broun, 46th

N Hooks

Y Roberts

N Brown, 26th

N Huggins

N Scott

N Brush

N James

N Starr

Y Burton

N Johnson.D

N Stokes

N Cagle

N Johnson,E

N Streat

N Cheeks

N Kemp

Y Tanksley

Y Clay

Y Lamutt

N Taylor

Y Crotts

Y Land

Thomas,D

N Dean

Y Langford

N Thonias,N

N Egan

N Madden

Y Thompson

Y Fort

N Marable

N Turner

N Gillis

Y Middleton

Y Tysinger

Y Glanton

N Oliver

N Walker

Y Gochenour

Perdue(PRS)

On the adoption of the amendment, the yeas were 20, nays 33, and the Thompson, et

al. amendment (18 0652) was lost.

Senator Glanton of the 34th offered the following amendment:

Amend HB 1784 by adding on pg. 1 line 22 the words "school districts,"

Senator Glanton of the 34th asked unanimous consent that her amendment be withdrawn.

The consent was granted and the amendment was withdrawn.

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

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

Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th

e Brown, 26th N Brush N Burton Y Cagle Y Cheeks N Clay

N Crotts Y Dean Y Egan Y Fort Y Gillis

1618

JOURNAL OF THE SENATE

Y Glanton

N Lamutt

Y Roberts

N Gochenour

N Land

Y Scott

Y Griffin

Y Langford

Y Starr

Y Guhl

Y Madden

Y Stokes

N Harbison

Y Marable

Y Streat

Y Henson

Y Middleton

N Tanksley

Y Hill

Y Oliver

Y Taylor

Y Hooks

Perdue(PRS)

Y Thomas,D

Y Huggins

Y Price,R

Y Thomas,N

Y James

N Price.T

Y Thompson

Y Johnson.D

Y Ragan

Y Turner

Y Johnson,E

Y Ralston

N Tysinger

Y Kemp

Y Ray

Y Walker

On the passage of the bill, the yeas were 44, nays 11.

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

Senator Gillis of the 20th assumed the Chair.

HB 1565. By Representatives Childers of the 13th, Orrock of the 56th, Smith of the 109th and others:
A bill to provide for legislative findings and intent; to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to venereal disease, so as to require coverage of chlamydia screening tests for certain female covered by individual or group accident and sickness insurance policies or managed care plans.
Senate Sponsor: Senator Walker of the 22nd.
The Senate Committee on Insurance and Labor offered the following substitute to HB 1565:
A BILL
To be entitled an Act to provide for legislative findings and intent; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require certain insurers to make available on an optional basis coverage of chlamydia screening tests for certain females covered by individual or group accident and sickness insurance policies or managed care plans; to provide for conditions and limitations; to provide for rules, regulation, notice, and enforcement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that chlamydia is a sexually transmitted disease which may cause serious complications in persons infected with it, including pelvic inflammatory disease, infertility, and ectopic pregnancy. Pregnant women infected with chlamydia may suffer from symptoms such as stillbirths, low birth weight babies, and other serious physical and mental complications for their infants. Chlamydia is often asymptomatic in women and cannot be detected except with special, though inexpensive, screening tests. Cure of chlamydia is usually both easy and inexpensive. The General Assembly further finds that having health care insurance and managed care plan coverage of annual chlamydia screening tests for females in conjunction with covered pap smears in the age group most likely to be infected with chlamydia will encourage the testing and

MONDAY, MARCH 16, 1998

1619

treatment needed to detect and cure this destructive disease and result in a marked improvement in the general health of the citizens of this state.
SECTION 2.
Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding after Code Section 33-24-28.3 a new Code Section 3324-28.4 to read as follows:
"33-24-28.4.
(a) As used in this Code section, the term:
(1) 'Chlamydia screening test' means any laboratory test of the urogenital tract which specifically detects for infection by one or more agents of chlamydia trachomatis and which test is approved for such purposes by the federal Food and Drug Administration.
(2) 'Policy' means any benefit plan, contract, or policy except a disability income policy, specified disease policy, hospital indemnity policy, credit insurance policy, accident only policy, or other limited benefit plan policy or contract.
(b)(l) Every insurer authorized to issue an individual or group accident and sickness insurance policy in this state which provides major medical insurance coverage and which includes coverage for any female shall make available on an optional basis as part of or as an endorsement to each such policy which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1998, coverage for one annual chlamydia screening test in conjunction with a pap smear required to be covered for individual major medical insurance policies under Code Section 33-29-3.2 and for group major medical insurance policies under Code Section 33-30-4.2 for those covered females who are not more than 29 years old.
(2) The coverage required under paragraph (1) of this subsection may be subject to such exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions as may be approved by the Commissioner.
(3) Nothing in this subsection shall be construed to prohibit the issuance of accident and sickness insurance policies which provide benefits greater than or more favorable to the insured than those required by paragraph (1) of this subsection.
(4) The provisions of subsection (b) of this Code section shall apply to major medical accident and sickness insurance policies issued by an insurer, a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any similar entity by whatever name called.
(5) The requirements of this Code section with respect to a group or blanket accident and sickness insurance benefit plan, policy, or contract shall be satisfied if the coverage specified in this Code section is made available to the master policyholder of such plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit corporation, health care plan, health maintenance organization, or master policyholder to provide or to make available such coverage to any certificate holder insured under such group policy, plan, or contract.
(6) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of Title 33, relating to preferred provider arrangements.

1620

JOURNAL OF THE SENATE

(7) Except as provided in this Code section, nothing in this Code section shall be construed to prohibit any managed care plan contract from providing benefits greater than or more favorable to the covered females than those required by paragraph (1) of this subsection, from having cost-sharing arrangements or to otherwise change the contractual relations between an insurer, nonprofit medical corporation, nonprofit hospital corporation, health care corporation, health maintenance organization, fraternal benefit society, or other similar person and their insureds or covered persons by whatever name called.
(c) This Code section shall be subject to rules and regulations which shall be promulgated by the Commissioner of Insurance regarding notice and enforcement."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Balfour of the 9th offered the following amendment:
Amend HB 1565 as follows: On page 2 line 23 insert between the words "test" and "for" the following:
"in conjunction with a pap smear required to be covered for individual major medical insurance policies under Code Section 33-29-3.2 and for group major medical insurance policies under Code Section 33-30-4.2".
Insert the same language between words "contract" and "and" on page 3 line 14.
On the adoption of the amendment, Senator Walker of the 22nd called for the yeas and nays.
The call was sustained, and the vote was as follows:

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

N Griffin Y Guhl N Harbison N Henson Y Hill N Hooks N Huggins N James N Johnson,D Y Johnson.E N Kemp Y Lamutt Y Land Y Langford Y Madden N Marable N Middleton N Oliver
Perdue

Y Price,R Y Price,T N Ragan Y Ralston Y Ray Y Roberts N Scott N Starr N Stokes Y Streat N Tanksley Y Taylor N Thomas,D N Thomas,N
Thompson Y Turner Y Tysinger N Walker

Pursuant to Senate Rule 18, Senator Gillis of the 20th, who was presiding, directed that his vote be recorded as nay.

On the adoption of the amendment, the yeas were 26, nays 27, and the amendment was lost.

MONDAY, MARCH 16, 1998

1621

Senator Balfour of the 9th moved that the Senate reconsider its action in defeating the amendment.
On the motion, Senator Price of the 28th called for the yeas and nays.
The call was sustained, and the vote was as follows:

N Abernathy

N Griffin

Y Price,R

Y Balfour

Y Guhl

Y Price.T

Blitch

N Harbison

N Ragan

N Boshears

N Henson

Y Ralston

N Bowen

N Hill

Y Ray

Y Broun, 46th

N Hooks

Y Roberts

N Brown, 26th

N Huggins

N Scott

Y Brush

N James

N Starr

Y Burton

N Johnson,D

N Stokes

Y Cagle

Johnson.E

Y Streat

Y Cheeks

N Kemp

N Tanksley

Y Clay

Y Lamutt

N Taylor

Y Crotts

Y Land

N Thomas,D

N Dean

Y Langford

N Thomas,N

Y Egan

N Madden

Thompson

N Fort

N Marable

N Turner

Gillis(PRS)

N Middleton

Y Tysinger

Y Glanton

N Oliver

N Walker

Y Gochenour

Perdue

On the motion to reconsider, the yeas were 22, nays 29, and the motion was lost.

On the adoption of the committee substitute, Senator Price of the 28th called for the yeas and nays.

The call was sustained, and the vote was as follows:

N Abernathy

N Griffin

Y Price,R

Y Balfour

Y Guhl

Y Price,T

Blitch

N Harbison

N Ragan

N Boshears

N Henson

Y Ralston

N Bowen

N Hill

Y Ray

N Broun, 46th

N Hooks

Y Roberts

N Brown, 26th

N Huggins

N Scott

Y Brush

N James

N Starr

Y Burton

N Johnson,D

N Stokes

N Cagle

Y Johnson,E

N Streat

Y Cheeks

N Kemp

N Tanksley

N Clay

Y Lamutt

N Taylor

Y Crotts

Y Land

N Thomas,D

Y Dean

Y Langford

N Thomas,N

Y Egan

N Madden

Y Thompson

N Fort

N Marable

Y Turner

Gillis(PRS)

N Middleton

Y Tysinger

Y Glanton

N Oliver

N Walker

Y Gochenour

Perdue

On the adoption of the substitute, the yeas were 22, nays 31, and the substitute was

lost

1622

JOURNAL OF THE SENATE

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

N Price,R

N Balfour

N Guhl

Y Price.T

Blitch

Y Harbison

Y Ragan

Y Boshears

Y Henson

Y Ralston

Y Bowen

Y Hill

N Ray

Y Broun, 46th

Y Hooks

N Roberts

Y Brown, 26th

Y Huggins

Y Scott

N Brush

Y James

Y Starr

N Burton

Y Johnson,D

Y Stokes

N Cagle

N Johnson,E

N Streat

N Cheeks

Y Kenip

Y Tanksley

Y Clay

N Lamutt

Y Taylor

N Crotts

N Land

Y Thomas,D

Y Dean

N Langford

Y Thomas,N

N Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Gillis(PRS)

Y Middleton

N Tysinger

N Glanton

Y Oliver

Y Walker

N Gochenour

Perdue

On the passage of the bill, the yeas were 34, nays 19.

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

Senator Ralston of the 51st moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Middleton was excused.

Senator Dean of the 31st moved that Senator Perdue of the 18th be excused. On the motion, the yeas were 28, nays 1; the motion prevailed, and Senator Perdue was excused.

Senator Dean of the 31st moved that Senator Hooks of the 14th be excused. On the motion, the yeas were 27, nays 2; the motion prevailed, and Senator Hooks was excused.

Senator Scott of the 36th moved that Senator Walker of the 22nd be excused. On the motion, the yeas were 29, nays 1; the motion prevailed, and Senator Walker was excused.

Senator Brush of the 24th moved that Senator Griffin of the 25th be excused. On the motion, the yeas were 31, nays 2; the motion prevailed, and Senator Griffin was excused.

Senator Marable of the 52nd moved that Senator Henson of the 55th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Henson was excused.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

MONDAY, MARCH 16, 1998

1623

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.

The House has discharged Conference Committee #1 and has appointed Conference Committee #2 on the following bill of the House:
HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and others:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.
The Speaker has appointed on the part of the House, Representatives Heard of the 89th, Williams of the 114th and Lord of the 121st.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 110. By Senators Walker of the 22nd, Stokes of the 43rd, Madden of the 47th and others:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and distribution of fines and forfeitures, so as to authorize additional penalty assessments for violations involving driving under the influence of alcohol or drugs and for the allocation of such additional penalties by the Brain and Spinal Injury Trust Fund and provide for the creation of such fund; to provide for definitions.
The Calendar was resumed.

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.

Senate Sponsor: Senator Ray of the 48th.

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

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

Y 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
Egan

1624

JOURNAL OF THE SENATE

Y Fort

Y Kemp

Gillis(PRS)

Y Lamutt

Y Glanton

Y Land

Y Gochenour

Langford

EX Griffin

Y Madden

Y Guhl

Y Marable

Y Harbison

EX Middleton

EX Henson

Y Oliver

Y Hill

EX Perdue

EX Hooks

Y Price,R

Y Huggins

Price.T

Y James

Ragan

Y Johnson.D

Ralston

Y Johnson.E

Ray

On the passage of the bill, the yeas were 44, nays 0.

Y Roberts Y Scott
Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N
Thompson Y Turner Y Tysinger EX Walker

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

HB 1316. By Representatives Ragas of the 64th, Davis of the 60th, Dix of the 76th and others:

A bill to amend Article 4 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to dismissal and renewal of civil cases may be recommenced in federal court if such a recommencement is not prohibited by federal law.

Senate Sponsor: Senator Ralston of the 51st.

The report of the committee, which was favorable to the 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

EX Griffin

Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

EX Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

Egan

Y Madden

Y Fort

Y Marable

Gillis(PRS)

EX Middleton

Y Glanton

Y Oliver

Y Gochenour

EX Perdue

On the passage of the bill, the yeas were 45, nays 0.

Y Price,R Y Price.T Y 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 Y Turner Y Tysinger EX Walker

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

MONDAY, MARCH 16, 1998

1625

The following bills of the Senate and House were taken up to consider House action thereto:
SB 158. By Senators Brown of the 26th, Oliver of the 42nd, Thomas of the 10th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change provisions relating to the offense of pandering; to provide for publication of the photograph of a person convicted of pandering; to provide for testing for sexually transmitted diseases of persons convicted of pandering and for the release of such test results; to provide for increased penalty for pandering within a certain distance of a place of worship, school, playground, or recreational center; 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.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking Code Section 16-6-12, relating to pandering, and inserting in lieu thereof the following:
"16-6-12.
A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution in his or her own behalf or in behalf of a third person or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution."
SECTION 2.
Said chapter is further amended by striking Code Section 16-6-13, relating to penalties, and inserting in lieu thereof the following:
"16-6-13.
(a) Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor.
(b) A person convicted of pandering when such offense involves the solicitation of a person under the age of 17 years to perform an act of prostitution or the assembly of two or more persons under the age of 17 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be fined not less than $2,500.00 nor more than $10,000.00 or shall be imprisoned

1626

JOURNAL OF THE SENATE

for not less than one year nor more than five years, or both fined and imprisoned. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of pandering involving a person under the age of 17 years pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
(c)(l) The clerk of the court in which a person is convicted of pandering shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.
(d) In addition to any other penalty authorized under subsections (a) and (b) of this Code section, a person convicted of an offense enumerated in Code Sections 16-6-9 through 16-6-12 shall be fined $2,500.00 if such offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under the age of 17 years."
SECTION 3.
Said chapter is further amended by adding following Code Section 16-6-13 a new Code Section 16-6-13.1 to read as follows:
"16-6-13.1.
(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) Upon a verdict or plea of guilty or a plea of nolo contendere to the offense of pandering, the court in which that verdict is returned or plea entered shall require the defendant in such case to submit to testing for sexually transmitted diseases within 45 days following the date of the verdict or plea and to consent to release of the test results to the defendant's spouse if the defendant is married. The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Human Resources.
(c) The Department of Human Resources, within 30 days following the notification under subsection (b) of this Code section, shall arrange for the tests for the person required to submit thereto.
(d) Any person required under this Code section to submit to testing for sexually transmitted diseases who fails or refuses to submit to the tests arranged pursuant to

MONDAY, MARCH 16, 1998

1627

subsection (c) of this Code section shall be subject to such measures deemed necessary by the court in which the verdict was returned or plea entered to require voluntary submission to the tests."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Brown of the 26th moved that the Senate agree to the House substitute to SB 158 as amended by the following amendment:

Amend the House substitute to SB 158 by striking line 39 on page 2 and inserting in lieu thereof the following:
shall be assessed the cost of publication of.
By striking line 23 on page 3 and inserting in lieu thereof the following:
"that verdict is returned or plea entered shall as a condition of probation or a suspended sentence require the".
By striking line 28 on page 3 and inserting in lieu thereof the following:
"married; provided, however, that a defendant who is not a resident of this state shall upon a verdict or plea of guilty or a plea of nolo contendere be ordered by the court to undergo immediate testing for sexually transmitted diseases and shall remain in the custody of the court until such testing is completed. The clerk of the court, in the case of a defendant who is a resident of this state, shall mail,".
By adding at the end of line 31 of page 3 the following:
"The tests for sexually transmitted diseases required under this subsection shall be limited to the eight most common sexually transmitted diseases as determined by the Department of Human Resources."
By adding at the end of line 35 of page 3 the following:
"Such person shall bear the costs of such tests."
On the motion, 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 Y Cheeks Y Clay Y Crotts Y Dean
Egan Y Fort
Gillis(PRS)

Y Glanton Y Gochenour EX Griffin Y Guhl Y Harbison EX Henson Y Hill EX Hooks Y Huggins Y James Y Johnson,D Y Johnson.E Y Kemp Y Lamutt
Land Langford Y Madden Y Marable

EX Middleton Y Oliver EX Perdue Y Price,R Y Price,T Y 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

1628

JOURNAL OF THE SENATE

Y Turner

Y Tysinger EX Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 158 as amended by the Senate.

HE 1394. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft.
Senator Cagle of the 49th moved that the Senate insist on its substitute to HB 1394.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1394.

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 House substitute was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of Official Code of Georgia Annotated, relating to the organization and administration of emergency management activities, so as to provide for certain duties and powers of the director of emergency management; 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 provide for the membership and duties of the "911" Advisory Committee; to provide for the development of guidelines, by the Georgia Emergency Management Agency, for implementing a state-wide emergency telephone number "911" system; to authorize the director of the Georgia Emergency Management Agency to promulgate certain regulations; 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 authorize certain additional charges on exchange access facilities for a limited period of time based on certain intergovernmental contracts between two or more counties; 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 Georgia Emergency Management Agency; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 16, 1998

1629

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of emergency management activities, is amended by striking in its entirety Code Section 38-3-20, relating to the Georgia Emergency Management Agency, and inserting in lieu thereof a new Code Section 38-3-20, to read as follows:
"38-3-20.
(a) There is established the Georgia Emergency Management Agency with a director of emergency management who shall be the head thereof. The Georgia Emergency Management Agency shall be assigned to the Office of Planning and Budget for administrative purposes only as provided in Code Section 50-4-3.
(b) The Governor shall appoint the director of emergency management. He or she shall hold office at the pleasure of the Governor, who shall fix his or her compensation. The director of emergency management shall hold no other state office.
(c) The director may employ such technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available lu him for purposes of emergency management, as may be necessary to carry out the purposes of Article 1, this article, and Article 3 of this chapter and the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number "911" Service Act of 1977,' as amended.
(d) The director and other personnel of the Georgia Emergency Management Agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other state agencies.
(e) The director, subject to the direction and control of the Governor, shall be the executive head of the Georgia Emergency Management Agency and shall be responsible to the Governor for carrying out the program for emergency management in this state. He or she shall coordinate the activities of all organizations for emergency management within the state, shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by Article 1, this article, and Article 3 of this chapter as may be prescribed by the Governor and such additional authority, duties, and responsibilities as described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number "911" Service Act of 1977,' as amended.
(f) The director of emergency management shall also be the disaster coordinator and shall act for the Governor when requested to do so."
SECTION 2.
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

1630

JOURNAL OF THE SENATE

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 3.
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 (1.1), (2), (3), and (9) through (14) to read as follows:
"(1.1) 'Agency' means the Georgia Emergency Management Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise.
(2) 'Division' 'Director' means the Telecummmiicatiuiis Division uf tlm DepailmeiiL uf Admim'sLialive 3ei vices director of emergency management appointed pursuant to Code Section 38-3-20.
(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.
(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.

MONDAY, MARCH 16, 1998

1631

(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 4.
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 EmBigmity Telephone Number Cummillue '911' Advisory Committee to be composed of the director of
Lilt; XeliSCOlllIilU-lliCciLlOiiS JJ1V1S1OH OI til6 JJtJJiii'LllltillL OI AulUiniStl'&tlVti oSfVlC^
gency management, who shall serve as chamiiau 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;
(2) Three members appointed from nominees of the Association County Commissioners of Georgia; and
(3) Four members who are experienced in and currently involved in the management of 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 5.
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 agency shall develop a plan guidelines for implementing a state-wide emergency telephone number '911' system. The plan guidelines shall provide for:
(1) Hie icvicw diiu cuim^oia ul yiuj^icBS ijmiiitmucu Ijy puuliw a^ciiuico 111 utsvtilupiiig ciiitji ji^cin^ Ldc^jliuiie CvjiliiiiuiuCciLiuii i cmin ciiieiito a& I'tbLjun'cu lui" Lllc 911 aj'isLciii,

1632

JOURNAL OF THE SENATE

f2)(12 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;
f3)(2) 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;
f*frX3) 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;
\*j) A in'ill nii^jlciiit;!!LciLiun SClii;uLire;wiiiuli will eujuuuiilrlui1 til6 jjiu^ieesS SClUGVfeil in
6&C11 political isubuiviSiuii ttnu WiiiCll CtUl be I'ejJi'uuuCeu. 111 an annual I'epui't ul pi'O-
^i e&&, iiliu.
f6)(4) 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:; and
(5) The actions to be taken by a local government desiring to provide wireless enhanced '911' service, including requirements contained in 47 Code of Federal Regulations Section 20.18T
(b) The division agency shall be responsible for encouraging and promoting the planning, development, and implementation of each local '911' system plan plans. The agency shall develop any necessary procedures to be followed by The division shall
piuiiiulgcilc any iictcsacu ty lulca, icgulatiuiis, miu sulieuulea x dated tu public agencies
for implementing and coordinating such a plan plans and shall act as the deciding agency mediate whenever disputes arise or agreements cannot be reached between the local political jurisdiction and other public agencies involving the '911' system.
(c) Subject to the approval of the Governor, the director shall be authorized to promulgate rules and regulations to establish minimum standards relating to training and equipment. Such training standards shall not be inconsistent with the training course or certification required for communications officers under Code Section 35-8-23. Notwithstanding any other law to the contrary, no communication officer hired to the staff to a 911 communication center shall be required to complete his or her training pursuant to Code Section 35-8-23 prior to being hired or employed for such position."
SECTION 6.
Said part is further amended by striking in its entirety Code Section 46-5-127, relating to approval of "911" systems by the Telecommunications Division of the Department of Administrative Services, and inserting in lieu thereof a new Code Section 46-5-127 to read as follows:
"46-5-127.
After January 1, 1978, no emergency telephone number '911' system shall be established, and no existing system shall be expanded to provide wireless enhanced '911' service, without piiui appiuval by the division and designation in the plan written confirmation by the agency that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124."

MONDAY, MARCH 16, 1998

1633

SECTION 7.
Said part is further amended by striking in its entirety Code Section 46-5-128, relating to cooperation by public agencies, and inserting in lieu thereof a new Code Section 46-5128, to read as follows:
"46-5-128.
All public agencies shall assist the division agency in its efforts to carry out the intent of this part; and such agencies shall comply with the plan guidelines developed pursuant to Code Section 46-5-124 by furnishing a resolution of intent regarding an emergency telephone number '911' system."
SECTION 8.
Said part is further amended by striking in its entirety Code Section 46-5-129, relating to the use of a '911' emblem, and inserting in lieu thereof a new Code Section 46-5-129, to read as follows:
"46-5-129.
The division shall agency may develop a '911' emblem which shall may be utilized by September 20, 1980, in a manner to be prescribed by the division, on aH marked vehicles used foi the eiifuicement uf Uaffic laws by public safety agencies participating in the a local '911' system, except fur law unfuiceinciiL vehicles uf the Depai tmeiit uf Publicocilc Ij^f aiiii LliOSc ^ILLiLL&LiLy LI&CU iui iiivcsLxgtxtivc ^juijjuocs.
SECTION 9.
Said part is further amended by striking in its entirety Code Section 46-5-132, relating to fees charged by providers of cellular radio telecommunications services, and inserting in lieu thereof a new Code Section 46-5-132 to read as follows:
"46-5-132.
It shall be unlawful for any piovidm uf any cellulai ladiu telecommunications sei vices wireless service supplier to assess or charge any fee for an emergency telephone call placed on a '911' emergency telephone system. The prohibition provided for in this Code section shall only apply to actual emergency telephone calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system."
SECTION 10.
Said part is further amended by striking in its entirety Code Section 46-5-133, relating to the authority of a local government to adopt a resolution to impose a monthly "911" charge, and inserting in lieu thereof a new Code Section 46-5-133 to read as follows:
"46-5-133.
(a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency '911' system is authorized to adopt a resolution to impose a monthly '911' charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the '911' service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency '911' system which is capable of providing or provides enhanced '911' service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced '911'

1634

JOURNAL OF THE SENATE

charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose billing address is within the jurisdiction of the local government. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the '911' charge or wireless enhanced '911' charge, as provided in the resolution, shall become effective;; but provided, however, that such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The '911' charge must be uniform, ami may not vary according to the type of exchange access facility used, and may be billed on a monthly or quarterly basis. The wireless enhanced '911' charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis.
(b)(l) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either:
(A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question or questions on the ballot shall be as prescribed by the election superintendent, provided that separate questions may be posed regarding implementation of a '911' charge and of an enhanced wireless '911' charge; or
(B) After a public hearing held upon not less than ten days' public notice.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a local exchange telephone service supplier for the purchase or operation, or both, of a local exchange telephone '911' system."
SECTION 11.
Said part is further amended by striking in its entirety Code Section 46-5-134, relating to billing of subscribers and establishment of an Emergency Telephone System Fund, and inserting in lieu thereof a new Code Section 46-5-134 to read as follows:
"46-5-134.
(a)(l) The subscriber of an exchange access facility may be billed for the monthly '911' charges, if any, imposed with respect to that facility by the service supplier. Such '911' charge may not exceed $1.50 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the '911' charge. Each service supplier shall, on behalf of the local government, collect the '911' charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency '911' system. As part of its normal mimlhly billing process, the service supplier shall collect the '911' charge for each month an exchange access facility is in service, and it shall list the '911' charge as a separate entry on each bill. If a service supplier receives a partial payment for a monthly bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first.
(2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or pro-

MONDAY, MARCH 16, 1998

1635

vides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a '911' call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the jurisdiction of such local government may be billed for the monthly wireless enhanced '911' charges, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and, in no event, shall such wireless enhanced '911' charge exceed $1.00 per month per wireless telecommunications connection provided to the telephone subscriber.
(B) On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the jurisdiction of such local government may be billed for the monthly wireless enhanced '911' charges, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber.
(C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced '911' charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced '911' charge from those telephone subscribers whose billing address is within the jurisdiction of the local government. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced '911' charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced '911' charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first.
(b) Every telephone subscriber in the area served by the emergency '911' system shall be liable for the '911' and the wireless enhanced '911' charges charge imposed under this Code section until it has been paid to the service supplier. A service supplier shall have no obligation to take any legal action to enforce the collection of the '911' or wireless enhanced '911' charge. The service supplier shall provide the governing authority within 60 days with the name and address of each subscriber who has refused to pay the '911' or wireless enhanced '911' charge after such '911' or wireless enhanced '911' charge has become due. A collection action may be initiated by the local government that imposed the charges, and reasonable costs and attorneys' fees associated with that collection action may be awarded to the local government collecting the '911' or wireless enhanced '911' charge.
(c) The local government contracting for the operation of an emergency '911' system shall remain ultimately responsible to the service supplier for all emergency '911' system installation, service, equipment, operation, and maintenance charges owed to the service supplier. Any taxes due on emergency '911' system service provided by the

1636

JOURNAL OF THE SENATE

service supplier will be billed to the local government subscribing to the service. State and local taxes do not apply to the '911' or wireless enhanced '911' charge billed to telephone subscribers under this Code section.
(d)(l) Each service supplier that collects '911' or wireless enhanced '911' charges on behalf of the local government is entitled to retain as an administrative fee an amount equal to 3 percent of the gross '911' or wireless enhanced '911' charge receipts to be remitted to the local government. The remaining amount shall be due quarterly to the local government and shall be remitted to it no later than 60 days after the close of a calendar quarter. The '911' and the wireless enhanced '911' charges collected by the service supplier shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund maintained by the local government. The local government may invest the money in the fund in the same manner that other moneys of the local government may be invested and any income earned from such investment shall be deposited into the Emergency Telephone System Fund.
(2)(A) Before July 1, 2002, 300 of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a)(2)(A) of this Code section shall be deposited in a separate restricted reserve account of the Emergency Telephone System Fund, which shall be designated as the Wireless Phase I Reserve Account. Money from the Wireless Phase I Reserve Account shall be used only to pay the nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier which are associated with providing automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a '911' call from a wireless telecommunications connection; provided, however, that if the local government has not, by July 1, 2002, begun operation or contracted for the operation of an emergency '911' system which is capable of providing or provides automatic location identification of a wireless telecommunications connection, the funds in the Wireless Phase I Reserve Account on July 1, 2002, shall be transferred into an appropriate unrestricted account or accounts of the Emergency Telephone System Fund and may be used for any purpose authorized under subsection (e) of this Code section. No wireless enhanced '911' charge may be imposed pursuant to subparagraph (a)(2)(B) of this Code section for a period of 24 months following the transfer of funds from the Wireless Phase I Reserve Account pursuant to this subparagraph. On and after July 1, 2002, 150 of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a)(2)(A) of this Code section shall be deposited in the Wireless Phase I Reserve Account.
(B) Thirty cents of the monthly wireless enhanced '911' charge imposed pursuant to subparagraph (a)(2)(B) of this Code section shall be deposited in a separate restricted reserve account of the Emergency Telephone System Fund, which shall be designated as the Wireless Phase II Reserve Account. Money from the Wireless Phase II Reserve Account shall be used only to pay the nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier which are associated with providing automatic number identification and automatic location identification of a wireless telecommunications connection. Any funds which are in the Wireless Phase I Reserve Account at the time when the wireless enhanced '911' charge is first imposed pursuant to subparagraph (a)(2)(B) of this Code section shall be transferred to the Wireless Phase II Reserve Account.

MONDAY, MARCH 16, 1998

1637

f2)(3) The governing authority of a local government operating or contracting for the operation of an emergency '911' system shall, by resolution, reaffirm the necessity for the '911' and the wireless enhanced '911' charges charge beginning with the thirteenth month following the month in which emergency '911' system service is first provided in the political subdivision and during such month annually thereafter.
(3X4) Such monthly '911' and enhanced wireless '911' charges chmge may be reduced at any time by the governing authority by resolution; provided, however, that the said governing authority shall be required to reduce such monthly '911' or enhanced wireless '911' charge at any time the projected revenues from '911' or enhanced wireless '911' charges will cause the unexpended revenues in the Emergency Telephone System Fund at the end of the fiscal year to exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year or at any time the unexpended revenues in such fund at the end of the fiscal year exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year. Such reduction in the '911' or wireless enhanced '911' charge shall be in an amount which will avert the accumulation of revenues in such fund at the end of the fiscal year which will exceed by one and one-half times the amount of revenues in the fund at the end of the immediately preceding fiscal year. Funds in the Wireless Phase I Reserve Account and the Wireless Phase II Account shall not be considered in making the calculations described in this paragraph.
(e) Money from the Emergency Telephone System Fund shall be used only to pay for:
(1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a '911' system;
(2) The rates associated with the service supplier's '911' service and other service supplier's recurring charges;
(3) The actual cost of salaries of employees hired by the local government solely for the operation and maintenance of the emergency '911' system and the actual cost of training such of those employees who work as dispatchers;
(4) Office supplies of the public safety answering points used directly in providing emergency '911' system services; and
(5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency '911' system building until the local government has completed its street addressing plan.
(f) The local government may contract with a service supplier for any term negotiated by the service supplier and the local government for an emergency '911' system and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract.
(g) The service supplier shall maintain records of the amount of the '911' and wireless enhanced '911' charges cliaigu collected for a period of at least three years from the date of collection. The local government may, at its expense, require an annual audit of the service supplier's books and records with respect to the collection and remittance of the '911' and wireless enhanced '911' charges charge.

1638

JOURNAL OF THE SENATE

(h) In order to provide additional funding for the local government for emergency '911' system purposes, the local government may receive federal, state, municipal, or private funds which shall be expended for the purposes of this part.
(i) Subject to the provision of Code Section 46-5-133, the subscriber of an exchange access facility a telephone subscriber may be billed for the monthly '911' or wireless enhanced '911' charge as Jufiiind in Lhis Glide bmliuii, for up to 18 months in advance of the date on which the '911' service becomes fully operational.
(j) In the event the local government is a federal military base providing emergency services to local exchange telephone subscribers residing on the base, the a local exchange telephone service supplier is authorized to apply the '911' charges collected to the bill for '911' service rather than remit the funds to an Emergency Telephone System Fund."
SECTION 12.
Said part is further amended by striking in its entirety subsection (b) of Code Section 46-5-138, relating to joint authorities, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The public authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency '911' system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund, including the Wireless Phase I and Phase II Reserve Accounts, maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly '911' charge or a monthly wireless enhanced '911' charge."
SECTION 13.
Said part is further amended by adding a new Code section, to be designated as Code Section 46-5-138.1, to read as follows:
"46-5-138.1.
(a) Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency '911' services on May 1, 1998, and any participating municipalities within such counties, if any, agree by intergovernmental contract to initiate or contract for the joint operation of an emergency '911' system for the first time after May 1, 1998, such local governments may impose a monthly '911' charge which exceeds $1.50 per exchange access facility but only so long as the following procedure is followed:
(1) The participating local governments shall, with input from a local exchange service supplier, prepare an estimated budget for the implementation of the joint emergency '911' system with costs limited to items eligible for funding through the Emergency Telephone System Fund;
(2) An estimate of the revenue to be generated by the '911' charge authorized by paragraph (1) of subsection (a) of Code Section 46-5-134 during the first 18 months of collection shall be prepared;
(3) If the total amount necessary for implementation of the emergency '911' system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the '911' charge specified in paragraph (2) of this subsection, the monthly '911' charge per exchange access facility may be increased on a pro rata basis during the first 18 months of collection to the extent necessary to provide revenue sufficient to

MONDAY, MARCH 16, 1998

1639

pay the amount specified in paragraph (1) of this subsection, but in no case shall such monthly charge be greater than $2.50 per exchange access facility; and
(4) Such local governments comply with the requirements of Code Section 46-5-133 which relate to the imposition of a monthly '911' charge.
Nothing in this subsection shall be construed to authorize the imposition of any charge upon a wireless telecommunications connection. Except as otherwise provided in this subsection, the requirements of Code Section 46-5-134 which relate to monthly '911' charges on exchange access facilities shall apply to charges imposed pursuant to this subsection.
(b) The increased monthly '911' charge authorized by subsection (a) of this Code section shall also be available to any joint '911' authority created pursuant to Code Section 46-5-138 after May 1, 1998."
SECTION 14.
Said part is further amended by adding at the end thereof a new Code section, to be designated as Code Section 46-5-139, to read as follows:
"46-5-139.
Following the conclusion of the 2002 session of the General Assembly, the President of the Senate and the Speaker of the House of Representatives shall each appoint no fewer than three members of their respective bodies to serve as members of the Joint Study Committee on Wireless Enhanced '911' Charges. Such joint study committee shall make any recommendations it considers appropriate to the General Assembly no later than December 31, 2002. The General Assembly may implement the provisions of this Code section by appropriate resolution."
SECTION 15.
Said part is further amended in Code Section 46-5-126, relating to cooperation by the Public Service Commission and the telephone industry, and in Code Section 46-5-130, relating to federal assistance, by striking the word "division" and inserting in its place the word "agency".
SECTION 16.
This Act shall become effective on July 1, 1998.
SECTION 17.
All laws and parts of laws in conflict with this Act are repealed.
Senator Madden of the 47th moved that the Senate agree to the House substitute.
On the motion, 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
Gillis(PRS) N Glanton Y Gochenour EX Griffin Y Guhl
Harbison

EX Henson Y Hill EX Hooks Y Huggins Y James Y Johnson.D Y Johnson,E Y Kemp Y Lamutt
Land Langford

1640

JOURNAL OF THE SENATE

Y Madden

Y Ralston

Y Taylor

Y Marable

Y Ray

Y Thomas,D

EX Middleton

Y Roberts

Y Thomas,N

Y Oliver

Y Scott

Y Thompson

EX Perdue

Starr

Y Turner

Y Price,R

Y Stokes

Y Tysinger

Y Price,T

Y Streat

EX Walker

Y Ragan

Y Tanksley

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed

to the House substitute to SB 572.

HB 1268. By Representatives Holmes of the 53rd, Hecht of the 97th, Hudson of the 120th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain new definitions in the general and municipal elections codes; to enact a new Part 5 of Article 11 of Chapter 2 of said title regulating the use of optical scanning voting equipment.
Senator Thomas of the 10th moved that the Senate insist on its substitute to HB 1268.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1268.
The Calendar was resumed.

HB 1639. By Representatives Cooper of the 31st, Skipper of the 137th, Barnes of the 33rd and others:
A bill to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to change a definition; to change the penalties for stalking and aggravated stalking; to provide for psychological evaluation and consideration of the entire criminal record of an offender before sentencing for a conviction of stalking or aggravated stalking.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Committee on Judiciary offered the following substitute to HB 1639:

A BILL
To be entitled an Act to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to change a definition; to change the penalties for stalking and aggravated stalking; to provide for psychological evaluation and consideration of the entire criminal record of an offender before sentencing for a conviction of stalking or aggravated stalking; to authorize permanent restraining orders; to authorize an order for psychological treatment as a part of sentence or as a condition for stay or suspension of sentence or for probation; to provide that conduct constituting stalking which is a violation of a permanent restraining order or a permanent protective order shall constitute the offense of aggravated stalking; to provide for issuance and enforcement of restraining orders, protective orders, and the approval of consent orders to prevent a recurrence of stalking; to provide for jurisdiction, petitions, hearings, procedures, and contents of such orders; to provide for temporary ex parte relief; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

MONDAY, MARCH 16, 1998

1641

SECTION 1.
Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by striking in their entirety subsections (a) and (c) of Code Section 16-5-90, relating to the offense of stalking, and inserting in their place the following:
"(a) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the term 'place or places' shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term 'harassing and intimidating' means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear uf death ur bodily harm lu himself ui heiself ui lu for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made."
"(c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five ten years.
(d) Before sentencing a defendant for any conviction of stalking under this Code section or aggravated stalking under Code Section 16-5-91, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. At the time of sentencing, the judge is authorized to issue a permanent restraining order against the offender to protect the person stalked and the members of such person's immediate family, and the judge is authorized to require psychological treatment of the offender as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 16-5-91, relating to aggravated stalking, and inserting in its place the following:
"16-5-91.
(a) A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five ten years and by a fine of not more than $10,000.00. The provisions of subsection (d) of Code Section 16-5-90 apply to sentencing for conviction of aggravated stalking."
SECTION 3.
Said article is further amended by inserting a new Code section to be designated Code Section 16-5-94, to read as follows:

1642

JOURNAL OF THE SENATE

"16-5-94.
(a) A person who is not a minor who alleges stalking by another person may seek relief by filing a petition alleging conduct constituting stalking as defined in Code Section 16-5-90. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition.
(b) Jurisdiction for such a petition shall be the same as for family violence petitions as set out in Code Section 19-13-2.
(c) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that stalking by the respondent has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from stalking. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner.
(d) The court may grant a protective order or approve a consent agreement to bring about a cessation of conduct constituting stalking. Orders or agreements may:
(1) Direct a party to refrain from such conduct;
(2) Order a party to refrain from harassing or interfering with the other;
(3) Award costs and attorney's fees to either party; and
(4) Order the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of stalking.
(e) Within ten days of the filing of the petition under this Code section or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period the same shall be scheduled and heard within any other county of that circuit. If a hearing is not held within 30 days, the petition shall stand dismissed unless the parties otherwise agree.
(f) Family violence shelter or social service agency staff members designated by the court may explain to all victims not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The clerk of the court may provide forms for petitions and pleadings to victims of stalking and to any other person designated by the superior court pursuant to this Code section as authorized to advise victims on filling out and filing such petitions and pleadings. The clerk shall not be required to provide assistance to persons in completing such forms or in presenting their case to the court. Any assistance provided pursuant to this Code section shall be performed without cost to the petitioners. The performance of such assistance shall not constitute the practice of law as defined in Code Section 15-19-51."
SECTION 4.
This Act shall become effective on July 1, 1998, and shall apply to conduct occurring or allegedly occurring on or after such date.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th offered the following amendment:

MONDAY, MARCH 16, 1998

1643

Amend the Senate Judiciary Committee substitute to HB 1639 by inserting on line 18 of page 1 after the word and symbol "relief;" the following:
"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;".
By inserting between lines 28 and 29 on page 4 the following:
"SECTION 3.1.
Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, is amended by striking subsection (h) and inserting in lieu thereof a new subsection (h) to read as follows:
'(h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor; provided, huwevei, Chat felony and upon the conviction uf thu Llili'd or ibnbhequeiil uffeiibe uiidei thib bubseuliuu, the defendant shall thereof be guilty uf a feluuy and shall be punished by imprisonment for not less than one nor more than tlutju five years.'"
On the adoption of the amendment, the yeas were 33, nays 0, and the Clay amendment to the committee substitute was adopted.
Senators Crotts of the 17th and Dean of the 31st offered the following amendment:
Amend the committee substitute to HB 1639 by adding after the second semicolon on line 18 of page 1 the following:
"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 change the provisions relating to threats and use of force in defense of dwellings, places of business, motor vehicles, and other property; to provide for criminal and civil immunity;".
By adding between lines 28 and 29 of page 4 the following:
"SECTION 3.1.
Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification as a defense to criminal prosecution, is amended by striking Code Sections 16-3-23 and 16-3-24 and inserting in their respective places new Code sections to read as follows:
'16-3-23.
(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation dwelling, place of business, or motor vehicle; however, he or she is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence; or
(2) He or she reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.

1644

JOURNAL OF THE SENATE

(b) A person who uses threats or force in accordance with subsection (a) of this Code section shall be immune from criminal prosecution and civil liability therefor unless any deadly force used by such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of Title
!: 16-3-24.

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with real property uiliei than a habitation or personal property, other than property described in Code Section 16-3-23:

(1) Lawfully in his or her possession; (2) Lawfully in the possession of a member of his or her immediate family; or

(3) Belonging to a person whose property he or she has a legal duty to protect.

(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property than a habitation or personal property, other than property described in Code Section 16-3-23, is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.'"

On the adoption of the amendment, the yeas were 32, nays 1, and the Crotts, Dean amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended.

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

EX Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

EX Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

Gillis(PRS)

EX Middleton

Y Glanton

Y Oliver

Y Gochenour

EX 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 Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas.N Y Thompson Y Turner Y Tysinger Y Walker

MONDAY, MARCH 16, 1998

1645

The bill, having received the requisite constitutional majority, was passed by substitute.
The following bill of the Senate was taken up for the purpose of considering House action thereto:
SB 111. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to the certificate of residence required for a retail distilled spirits dealer's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside anywhere within the county in which the municipality is located.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 3-3-2 of the Official Code of Georgia Annotated, relating to the powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses generally, so as to provide that residency within a city or county by an applicant for a local permit or license to sell alcoholic beverages shall not be a requirement for the issuance of such permit or license by the respective local governing authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 3-3-2 of the Official Code of Georgia Annotated, relating to the powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses generally, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows:
"(a) Except as otherwise provided for in this title, the manufacturing, distributing, and selling by wholesale or retail of alcoholic beverages shall not be conducted in any county or incorporated municipality of this state without a permit or license from the governing authority of the county or municipality. Each such local governing authority is given discretionary powers within the guidelines of due process set forth in this Code section as to the granting or refusal, suspension, or revocation of the permits or licenses; provided, however, that residency by an applicant within the city or county issuing the permit or license shall not be a requirement by the respective local governing authority if the applicant designates a resident of the city or county who shall be responsible for any matter relating to the license."
SECTION 2.
The Official Code of Georgia Annotated, section 3-3-21, (a)(2) is stricken in its entirety and inserted therein a new section O.C.G.A. 3-3-21, (a)(2) as follows:
"(2) As used in this subsection, the term 'school building" or 'educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and are accredited by the State or Federal government."

1646

JOURNAL OF THE SENATE

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 111 as amended by the following amendment by Senators Cagle of the 49th and Thompson of the 33rd:

Amend the House substitute to SB 111 by striking lines 10 and 11 on page 2 and inserting in lieu thereof the following:
"colleges of this state and is a public school or a private school as defined in subsection (b) of Code Section 20-2-690.'"
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

EX Griffin

N Price,R

N Balfour

N Guhl

Y Price,T

Y Blitch

Y Harbison

Y Ragan

N Boshears

EX Henson

N Ralston

Y Bowen

Y Hill

N Ray

Y Broun, 46th

EX Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

N Brush

Y James

N Starr

N Burton

Y Johnson.D

Stokes

Y Cagle

Y Johnson,E

Y Streat

Cheeks

Y Kemp

Y Tanksley

Y 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

Gillis(PRS)

EX Middleton

Y Tysinger

N Glanton

Y Oliver

Y Walker

N Gochenour

EX Perdue

On the motion, the yeas were 36, nays 11; the motion prevailed, and the Senate

agreed to the House substitute to SB 111 as amended by the Senate.

The Calendar was resumed.

HB 1556. By Representatives Polak of the 67th, Smyre of the 136th, Walker of the 141st and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to amend numeric grade averages required for certain grants and scholarships for students graduating from high school in 2000 or thereafter; to provide criteria for eligibility and ineligibility for HOPE grants, HOPE scholarships, HOPE GED vouchers, HOPE teacher's scholarships, and PROMISE teacher's scholarships.
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:

MONDAY, MARCH 16, 1998

1647

Y Abernathy

EX Griffin

Y Balfour Blitch

Y Guhl Y Harbison

Y Boshears

EX Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Y Johnson,D

Y Cagle

Y Johnson,E

Cheeks Y Clay Y Crotts Y Dean

Y Kemp Y Lamutt Y Land
Langford

Y Egan

Y Madden

Y Fort Gillis(PRS)

Y Marable EX Middleton

Y Glanton Y Gochenour

Y Oliver EX Perdue

On the passage of the bill, the yeas were 43, nays 0.

Y Price,R Y Price.T
Ragan Y Ralston Y Ray Y Roberts Y Scott
Starr 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.

The following communication was received by the Secretary:

March 17, 1998

The Honorable Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Mr. Secretary:

On March 16, 1998 due to a momentary distraction I failed to cast a vote on House Bill 1556. Let the record reflect that I strongly support House Bill 1556.

Thank you for your assistance in this matter.

The Calendar was resumed.

Sincerely, lal Harold J. Ragan

HB 978. By Representatives Wiles of the 34th, Davis of the 60th, Ehrhart of the 36th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity to manufacturers, distributors, dealers, and sellers of motor vehicles from civil liability for injuries caused by failure of an air bag to deploy in certain circumstances.
Senate Sponsor: Senator Tanksley of the 32nd.
The Senate Transportation Committee offered the following substitute to HB 978:

1648

JOURNAL OF THE SENATE

A BILL

To be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity to manufacturers, distributors, dealers, sellers, and installers of switches to turn off air bags of motor vehicles from civil liability for injuries caused by failure of an air bag to deploy in certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by inserting a new Code section to be designated Code Section 51-1-47 to read as follows:
"51-1-47.

The manufacturers, distributors, dealers, and sellers of a motor vehicle and those who, on authorization and direction of the owner or lessee, lawfully install in a prudent and workmanlike manner a switch to turn off the air bag shall be immune from civil liability for any injuries caused by the failure of an air bag to deploy when the air bag has been disconnected, turned off, or otherwise disabled by the owner, lessee, or operator of the motor vehicle or an agent of the owner or lessee of the motor vehicle."
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

EX Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

EX Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

Gillis(PRS)

EX Middleton

Glanton

Y Oliver

Y Gochenour

EX Perdue

On the passage of the bill, the yeas were 45, 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
Walker

MONDAY, MARCH 16, 1998

1649

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Cagle of the 49th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 31, nays 1; the motion prevailed, and Senator Ralston was excused.
The Calendar was resumed.

HB 1392. By Representative Murphy of the 18th:

A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to the crime of shoplifting, so as to change the threshold value of the property which is the subject of the theft for purposes of defining when the crime is a misdemeanor and when the crime is a felony.

Senate Sponsor: Senator Kemp of the 3rd.

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

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

Abernathy

EX Griffin

N Balfour

Y Guhl

Blitch

Y Harbison

Y Boshears

EX Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

N Huggins

N Brush

Y James

N Burton

Y Johnson,D

N Cagle

N Johnson,E

Y Cheeks

Y Kemp

N Clay

N Lamutt

Y Crotts

Y Land

Y Dean

Langford

Y Egan

Madden

Y Fort

Y Marable

Gillis(PRS)

EX Middleton

Glanton

Y Oliver

N Gochenour

EX Perdue

On the passage of the bill, the yeas were 31, nays 12.

N Price,R N 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 Y Turner Y Tysinger
Walker

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

Senator Cheeks of the 23rd moved that Senator Langford of the 29th be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Langford was excused.

The Calendar was resumed.

HB 1490. By Representative Holland of the 157th:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to provide that the official state peanut monument shall be a certain peanut sculpture in Turner County.
Senate Sponsor: Senator Bowen of the 13th.

1650

JOURNAL OF THE SENATE

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

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

Abernathy

EX Griffin

Y Balfour

Y Guhl

Blitch

Y Harbison

Y Boshears

EX Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

EX Langford

Y Egan

Y Madden

Y Fort

Y Marable

Gillis(PRS)

EX Middleton

Y Glanton

Y Oliver

Y Gochenour

EX Perdue

On the passage of the bill, the yeas were 43, nays 0.

Y Price,B Y Price,T Y Ragan EX Ralston Y Ray
Roberts Y Scott
Starr Stokes Streat Tanksley Taylor Thomas.D Thomas,N Thompson Turner Tysinger Walker

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

Senator Dean of the 31st moved that Senator Walker of the 22nd be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Walker was excused.

The Calendar was resumed.

HB 1491. By Representatives Cummings of the 27th and Childers of the 13th:

A bill to amend Code Section 43-11-2 of the Official Code of Georgia Annotated, relating to the creation and composition of the Georgia Board of Dentistry, so as to provide that the dental hygienist who is a member of such board shall be a resident of Georgia and shall be a practicing dental hygienist in this state.

Senate Sponsor: Senator Madden of the 47th.

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

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

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
Gillis(PRS)

Y Glanton Y Gochenour EX Griffin Y Guhl Y Harbison EX Henson Y Hill EX Hooks Y Huggins

MONDAY, MARCH 16, 1998

1651

Y James

Y Oliver

Y Johnson,D

EX Perdue

Y Johnson,E

Y Price,R

Y Kemp

Y Price,T

Y Lamutt

Y Ragan

Y Land

EX Ralston

EX Langford

Y Ray

Y Madden

Y Roberts

Y Marable

Y Scott

EX Middleton

Starr

On the passage of the bill, the yeas were 45, nays 0.

Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger EX Walker

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

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.
Senate Sponsor: Senator Dean of the 31st.
Senator Cagle of the 49th offered the following substitute:

A BILL
To be entitled an Act 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 educational purposes, so as to provide for concurrent resolution requirements; to change certain provisions regarding requirements and procedures with respect to such tax; to provide for the enactment of a distribution formula by local Act with respect to the sales tax for educational purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the local option sales and use tax for educational purposes, is amended by striking Code Section 48-8-141, relating to manner of imposition of such tax, and inserting in its place a new Code Section 48-8-141 to read as follows:

(a) Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each independent school district located within such county, shall be imposed and levied by such board or boards of education and collected by the commissioner on behalf of such board or boards of education in the same manner as provided for under Part 1 of this article and the provisions of Part 1 of this article in particular, but without limitation, the provisions regarding the authority of the commissioner to administer and collect this tax, retain the 1 percent administrative fee, and promulgate rules and regulations governing this tax shall apply equally to such board or boards of education.

1652

JOURNAL OF THE SENATE

(b) The appropriate resolution or resolutions provided for under subsection (a) of this Code section which are required in order to impose the tax under this article shall be determined as follows:
(1) In a county in which no independent school district is located, the tax shall be imposed by a resolution of the board of education of that county school district;
(2) In the event one or more independent school districts are wholly or partially located in a county, the tax shall be imposed by a concurrent resolution by the board of education of the county, the board of education of each independent school district located wholly in such county, and the board of education of each independent school district the majority of which is located in such county; and
(3) A concurrent resolution calling for the imposition of such tax shall not be required with respect to the board of education of an independent school district which is located in a county in which less than a majority of the territory of such independent school district is located.
(c)(l) If a resolution to impose and levy a sales tax for educational purposes is adopted in a county in which the minority of an independent school district is located, the board of education of such independent school district shall adopt a statement of the purpose or purposes for which its share of the proceeds of the tax in such county are to be used, including the specific capital outlay projects to be funded or the specific debt to be retired or both.
(2) Such tax shall be imposed only in that portion of such independent school district which is located in the county in which the tax is imposed."
SECTION 2.
Said part is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-8-143, to read as follows:
"48-8-143.

The net proceeds of the sales tax for educational purposes shall be distributed in the manner provided under Article VIII, Section VI, Paragraph IV(g) of the Constitution unless another distribution formula is provided for by the enactment of a local Act. Any such local Act providing for an alternate distribution formula shall not be amended during the time period for which the tax was imposed."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, Senator Cagle of the 49th called for the yeas and nays. The call was sustained, 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 Y Cagle N Cheeks Y Clay N Crotts N Dean

Y Egan N Fort
Gillis(PRS) Y Glanton Y Gochenour EX Griffin Y Guhl

MONDAY, MARCH 16, 1998

1653

N Harbison

N Madden

N Starr

N Henson

N Marable

N Stokes

N Hill

EX Middleton

N Streat

EX Hooks

Oliver

Y Tanksley

N Huggins

N Perdue

N Taylor

N James

Y Price,R

Y Thomas,D

N Johnson,D Y Johnson.E

Y Price,T N Ragan

N Thomas,N N Thompson

N Kemp

Y Ralston

N Turner

Y Lamutt

N Ray

Y Tysinger

N Land

Y Roberts

N Walker

EX Langford

N Scott

On the adoption of the substitute, the yeas were 19, nays 31, and the Cagle 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 Y Balfour

EX Griffin Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

N Burton

Y Johnson,D

Y Cagle

Y Johnson.E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

EX Langford

Y Egan

Y Madden

Y Fort

Y Marable

Gillis(PRS)

EX Middleton

Y Glanton

Oliver

Y Gochenour

Perdue

On the passage of the bill, the yeas were 47, 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
Thomas,N Y Thompson Y Turner Y Tysinger Y Walker

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

Senator Perdue of the 18th assumed the Chair.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

SB 444. By Senators Oliver of the 42nd, Scott of the 36th, Stokes of the 43rd and others:

1654

JOURNAL OF THE SENATE

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.
SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and others:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit.
SB 670. By Senators Starr of the 44th and Middleton of the 50th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain and Symptom Management within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.
The Calendar was resumed.
HB 1640. By Representatives Lane of the 146th, Dobbs of the 92nd, Hanner of the 159th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to provide for the creation of a lifetime sportsman's license; to set fees for such a license; to establish eligibility criteria; to provide for penalties for fraudulent acquisition of such a license; to establish the Wildlife Endowment Fund.
Senate Sponsor: Senator Gillis of the 20th.
The Senate Committee on Natural Resources offered the following substitute to HB 1640:
A BILL
To be entitled an Act to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to provide for the creation of a lifetime sportsman's license; to set fees for such a license; to establish eligibility criteria; to provide for penalties for fraudulent acquisition of such a license; to establish the Wildlife Endowment Fund; to modify provisions relating to honorary licenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, is amended by adding at the end of Code Section 27-2-3.1, relating to archery and firearms combination hunting license, sportsman license, and license card carrier requirement, new subsections (e) through (j) to read as follows:
"(e) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident who procures a lifetime sportsman's license. An applicant for such license shall, prior to the issuance of the license, provide satisfactory evidence of residency. For purposes of pro-

MONDAY, MARCH 16, 1998

1655

curing a lifetime sportsman's license, the term 'residency' means a domicile within Georgia for a minimum of 12 consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia driver's license or official Georgia identification card issued by the Department of Public Safety and at least one of the following:
(1) A voter registration card;
(2) A copy of the prior year's Georgia income tax return;
(3) A current Georgia automobile registration; or
(4) A warranty deed to property at the same address as is displayed on the Georgia driver's license.
Minors under 18 years of age shall be presumed to be residents upon proof of parent's residency as provided for in this Code section. For purposes of procuring the Type I (Infant) lifetime license, a certified copy of the birth certificate of the licensee shall be required.
(f) Lifetime sportsman's licenses and fees shall be as follows:
(1) Type I (Infant), available only to those individuals under two years of age: $200.00;
(2) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00;
(3) Type A (Adult), available to those individuals 16 years of age or older: $500.00; and
(4) Type S (Senior), available to those individuals 65 years of age or older: No charge.
(g) Lifetime sportsman's licenses shall be valid for the lifetime of the purchaser. Change of residency to another state shall not affect the validity of the lifetime license when hunting or fishing in Georgia.
(h) Any person who knowingly attempts to purchase or obtain a lifetime sportsman's license by fraudulent means shall be guilty of a misdemeanor. Upon conviction, in addition to other penalties as provided for by law, his or her lifetime license shall be revoked by operation of law without refund of any fees paid.
(i) Upon payment of a replacement fee up to $10.00, any lifetime sportsman's license other than a Type S license may be replaced if lost, stolen, or destroyed, provided that the applicant's name and lifetime license number are in the records of the department. No replacement fee shall be charged for replacement of a Type S license. Replacement fees for all other licenses shall be $3.00 per transaction, regardless of the number of licenses being replaced in a given transaction.
(j) Once a lifetime license is issued, no refunds of fees will be made except in the case of the death before age 16 years of a Type I (Infant) lifetime license holder or a Type Y (Youth) license holder, in which case a full refund of fees collected may be made upon submission of the lifetime license and any other documentation required by the department."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 27-2-4, relating to honorary hunting and fishing licenses, and inserting in lieu thereof the following:

1656

JOURNAL OF THE SENATE

"27-2-4.
(a) The department shall issue a life lime an honorary hunting and fishing license, which shall entitle a resident to hunt and fish in this state without the payment of any fee whatsoever fees described in Code Section 27-2-23, to each resident:
\ j.) Wilu llciriciLLtiiileCl LIit?ElJ6OI Ou ctiiu. wliO ElpplIGSCO tll3 Q.6piil Liilcilt lui1 riu.Cli 11-
(2) Wliu who is permanently and totally disabled. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veteran Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation; provided, however, that persons disabled because of a mental impairment shall be issued an honorary fishing license only. Persons issued an honorary license under disability provisions shall renew such licenses and recertify their eligibility for such licenses every three years; provided, however, that honorary licenses in effect as of July 1, 1998, shall not require renewal.
(b) Any resident who is totally blind and who applies to the department shall receive a lifetime honorary fishing license which shall entitle the holder thereof to fish in this state without the payment of any fee whatsoever.
(c) Any person holding a valid honorary license pursuant to this Code section shall not be required to obtain the trout stamp and big game license otherwise required by Code Section 27-2-6.
(d) All honorary hunting and fishing licenses are subject to all wildlife laws, rules, and regulations with the exception of the provisions requiring the payment of fees described in Code Section 27-2-23 for such licenses. Such honorary licenses may be revoked in accordance with this title. It shall be unlawful for any person who has an honorary hunting and fishing license to permit the use of same by any other person. It shall also be unlawful for any person who is not entitled to an honorary hunting and fishing license to use such a license or for any totally and permanently disabled person issued such a license to possess or use such license when the disability is no longer total or permanent. Licenses for the totally and permanently disabled may, upon a determination that the disability is no longer total or permanent, be revoked until such time as the disability is again total and permanent.
(e) The board commissioner is authorized to make and enter into agreements from time to time, with the proper authorities of various states of the United States regarding nonresident hunting and fishing license fees for persons 65 years of age or older; so as to provide honorary hunting and fishing licenses to be issued without charge to nonresidents 65 years of age or older where such practice is reciprocated for Georgia residents in that person's state of residence.
(f) Persons holding lifetime honorary licenses issued to persons 65 years of age or older prior to April 1, 1999, shall not be required to obtain a lifetime license pursuant to Code Section 27-2-3.1, and such lifetime honorary license shall carry the same rights and privileges as a lifetime license issued pursuant to that Code section."
SECTION 3.
Said chapter is further amended by adding a new Code Section 27-2-30 to read as follows:

MONDAY, MARCH 16, 1998

1657

"27-2-30.
(a) The General Assembly recognizes that lifetime sportsman license purchasers expect and are entitled to assurance that funds for such licenses will be used throughout their life expectancy to provide quality hunting and fishing experiences. Therefore, the General Assembly declares its intent that lifetime licenses yield annual revenue in perpetuity for the support of wildlife management programs of the department and recognizes that annual income generation is necessary for these licenses to be included in apportionment formulas for federal fish and wildlife funding.
(b) In recognition of its obligations to lifetime sportsman license purchasers, the General Assembly directs the department to establish a fund known as the Wildlife Endowment Fund for receipt of funds of an amount equal to that generated by the sale of lifetime sportsman licenses listed in subsection (e) of Code Section 27-2-3.1. Further, the General Assembly declares its intent to appropriate to the Wildlife Endowment Fund each fiscal year an amount equal to that generated by the prior year's sales of lifetime licenses. The fund is also authorized to accept contributions from private individuals and entities. All funds appropriated and those contributed to the Wildlife Endowment Fund shall be deemed expended and contractually obligated and shall not lapse to the general fund.
(c) The commissioner of natural resources shall be the trustee of the Wildlife Endowment Fund with full authority over the administration of the fund. The director of the Office of Treasury and Fiscal Services shall be the custodian of the Wildlife Endowment Fund and shall invest its assets in accordance with Georgia laws and shall report to the department the annual income and contributions to the fund. The intent of the General Assembly is that such income from the fund be appropriated annually to the department for the purposes stated in subsection (d) of this Code section.
(d) The Wildlife Endowment Fund constitutes a special trust derived from a contractual relationship between the state and the members of the public whose lifetime license purchases contribute to the fund. In recognition of such special trust, the following limitations and restrictions are placed on expenditures from the fund:
(1) No expenditures or disbursements from appropriations equivalent to the income or proceeds derived from the sales of Types I and Y lifetime sportsman's licenses shall be made for any purpose until the respective holders of such licenses attain the age of 16 years. The director of the Office of Treasury and Fiscal Services, as custodian of the fund, shall determine actuarially from time to time the amount of such proceeds which remains encumbered by and the amount of such proceeds which is free of this restriction and shall advise the commissioner of such information. For such purposes, the commissioner shall cause the amount of proceeds from Type I licenses to be identified and proceeds from Type Y licenses to be accompanied by information as to the ages of the license recipients;
(2) No expenditure or disbursement may be made from the principal and interest of the fund except as otherwise provided by law;
(3) The principal and interest of the fund must be spent only for the conservation and management of wildlife and fisheries resources and the acquisition of habitat upon which such resources are dependent;
(4) No such habitat acquired with money from the fund shall be voluntarily transferred to the federal government or any international agency or organization.

1658

JOURNAL OF THE SENATE

(5) The trustee of the Wildlife Endowment Fund may accumulate the income of the fund and may direct expenditures from the income of the fund; and

(6) Expenditure of the income derived from the fund must be made with the approval of the trustee in accordance with the provisions of the General Appropriations Act. The fund is subject to the oversight of the director of of the Office of Treasury and Fiscal Services.

(e) The fund and income from it do not take the place of other state appropriations or agency receipts but are supplemental to other funds and appropriations made available to the department for carrying out its responsibilities under this title.

(f) If the Department of Natural Resources is dissolved, the chief executive officer of the succeeding agency shall assume the trusteeship of the fund and shall be bound by all the limitations and restrictions placed by this Code section on expenditures from the fund. No repeal or modification of this Code section alters the fundamental purposes to which the fund is applied. No future dissolution of the Department of Natural Resources or substitution of any agency in its stead shall invalidate any lifetime license issued in accordance with this title."

SECTION 4.

This Act shall become effective April 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 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

EX Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

EX Langford

Y Egan

Y Madden

Y Fort

Y Marable

Y Gillis

EX Middleton

N Glanton

Oliver

Y Gochenour

Perdue(PRS)

On the passage of the bill, the yeas were 48, 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
Thomas,N Y Thompson Y Turner Y Tysinger Y Walker

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

MONDAY, MARCH 16, 1998

1659

Senator Tanksley of the 32nd moved that the following bill of the House be taken from the Table.

HB 251. By Representative Barnes of the 33rd:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to provide that no action for trespass upon or damage to realty shall be brought after ten years from the date the cause of action accrues; to provide that the cause of action accrues when the trespass or damage to realty occurs or when it is discovered or should have been discovered.
On the motion, Senator Tysinger of the 41st called for the yeas and nays. The call was sustained, and the vote was as follows:

Y Abernathy

EX Griffin

N Price,R

N Balfour

Y Guhl

Y Price,T

Y Blitch

N Harbison

N Ragan

Y Boshears

N Henson

N Ralston

Y Bowen

Y Hill

N Ray

N Broun, 46th

EX Hooks

N Roberts

Y Brown, 26th

N Huggins

Y Scott

N Brush

Y James

Y Starr

N Burton

Y Johnson.D

Y Stokes

Y Cagle

N Johnson,E

Y Streat

N Cheeks

Y Kemp

Y Tanksley

Y Clay

N Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas.D

Y Dean

EX Langford

Y Thomas,N

Y Egan

N Madden

Thompson

N Fort

Y Marable

Y Turner

Y Gillis

EX Middleton

N Tysinger

Y Glanton

Oliver

Y Walker

N Gochenour

Perdue(PRS)

On the motion, the yeas were 30, nays 19; the motion prevailed, and HB 251 was

taken from the Table.

Pursuant to Senate Rule 81, HB 251 was placed at the foot of the Rules Calendar.

Senator Broun of the 46th moved that Senator Oliver of the 42nd be excused. On the motion, the yeas were 33, nays 1; the motion prevailed, and Senator Oliver was excused.

The Calendar was resumed.

HB 1654. By Representatives Mosley of the 171st, Byrd of the 170th, Smith of the 169th and others:
A bill to amend Code Section 20-2-143 of the Official Code of Georgia Annotated, relating to sex education and AIDS prevention education, so as to require instruction regarding the legal consequences of parenthood.
Senate Sponsor: Senator Kemp of the 3rd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

1660

JOURNAL OF THE SENATE

Abernathy

EX Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Hill

Y Broun, 46th

EX 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

EX Langford

Y Egan

Y Madden

Y Fort

Y Marable

Y Gillis

EX Middleton

Y Glanton

EX Oliver

Y Gochenour

Perdue(PRS)

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 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 1437. By Representative Jamieson of the 22nd:

A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide a deduction for certain employer social security tax payments.

Senate Sponsor: Senator Starr of the 44th.

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

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

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
Egan Y Fort Y Gillis Y Glanton Y Gochenour

EX Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins Y James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land EX Langford Y Madden Y Marable EX Middleton EX Oliver
Perdue(PRS)

Y Price,R Y Price,T Y Ragan
Ralston Ray Roberts Scott Starr Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger Y Walker

MONDAY, MARCH 16, 1998

1661

On the passage of the bill, the yeas were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following bills were taken up to consider House action thereto:
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.
Senator Gillis of the 20th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Gillis of the 20th, Kemp of the 3rd and Johnson of the 1st.
HB 1352. By Representative Lane of the 146th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the saltwater separation point; to change certain provisions relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state.
Senator Gillis of the 20th moved that the Senate insist on its amendments to HB 1352.
On the motion, the yeas were 34, nays 1; the motion prevailed, and the Senate insisted on its amendments to HB 1352.
The Calendar was resumed.
HB 1550. By Representatives Teper of the 61st, Porter of the 143rd, Buck of the 135th and others:
A bill to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilities, so as to authorize county boards of education to build schoolhouses on real property leased from the state or a political subdivision, instrumentality, agency, or authority of the state; to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to sale or disposition of county property.
Senate Sponsor: Senator Burton of the 5th.
The Senate Education Committee offered the following substitute to HB 1550:
A BILL
To be entitled an Act to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to sale or disposition of county property, so as to authorize county governing authorities or governing authorities of consolidated governments to sell, grant, lease, rent, convey, or transfer real property or lesser interests in real property, including real property dedicated or used as a park or recreation area, to local boards of education or other public educational institutions for specified purposes; to authorize exchanges; to provide for terms and conditions; to provide for construction; to provide for a

1662

JOURNAL OF THE SENATE

public hearing; to provide for a required meeting; 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 36-9-3 of the Official Code of Georgia Annotated, relating to sale or disposition of county property, is amended by striking in its entirety subsection (c), which is reserved, and inserting in lieu thereof the following:

"(c)(l) Any county governing authority and the governing authority of any consolidated government may sell, grant, lease, rent, convey, or transfer any real property owned by the county or consolidated government, including real property dedicated or used as a park or recreation area, to the local board of education or other public educational institution for use as a site for a public school or other educational purpose. Any county governing authority and the governing authority of any consolidated government may sell, grant, convey, or transfer to the local board of education or other public educational institution licenses, easements, or lesser interests in such real property owned by the county or the consolidated government, including real property dedicated or used as a park or recreation area for such purposes. A county governing authority and the governing authority of any consolidated government are authorized to exchange real property, including real property dedicated or used as a park or recreation area, with the local board of education or other public educational institution for other real property for such purposes. Such a sale, grant, lease, rental, conveyance, or transfer may be made by negotiation between the governing authority and local board of education or other public educational institution without advertisement, bidding, auction, notice, publication, or referendum. This subsection shall not be construed to abrogate or impair any reverter provision or other condition of a sale, grant, conveyance, or transfer of real property to a county governing authority or governing authority of a consolidated government.

(2) Prior to executing any sale, grant, lease, rental, conveyance, or transfer pursuant to the provisions of paragraph (1) of this subsection, the governing authority proposing such action shall hold a public hearing in the immediate vicinity of the affected property. Such hearing shall be advertised by posting conspicuous notice at the place of the hearing and at the affected property. The governing authority shall have at least one representative at the public hearing to receive the comments and concerns expressed and to report such comments and concerns to the governing authority.

(3) After the public hearing provided in paragraph (2) of this subsection but before the action proposed under paragraph (1) of this subsection, the governing authority proposing the action shall hold at least one meeting to discuss the transaction in light of the comments and concerns expressed at the public hearing."

SECTION 2.

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

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

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

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

Abernathy N Balfour

N Blitch Y Boshears

Y Bowen Y Broun, 46th

MONDAY, MARCH 16, 1998

1663

Y Brown, 26th

Y ffill

Y Brush

EX Hooks

Y Burton

Y Huggins

N Cagle

Y James

Y Cheeks

Y Johnson,D

Y Clay

Y Johnson,E

Y Crotts

Y Kemp

Y Dean

Y Lamutt

N Egan

Y Land

Y Fort

EX Langford

Gillis

Y Madden

Y Glanton

Y Marable

N Gochenour

EX Middleton

EX Griffin

EX Oliver

Y Guhl

Perdue(PRS)

Y Harbison

N Price,R

Y Henson

Y Price.T

On the passage of the bill, the yeas were 38, nays 8.

Y Ragan Y Ralston N Ray Y Roberts
Scott Y Starr Y Stokes Y Streat N 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 by substitute.

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.

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

EX 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

EX 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

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

EX Langford

Thomas,N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

EX Middleton

Tysinger

Y Glanton

EX Oliver

Walker

Y Gochenour

Perdue(PRS)

On the adoption of the resolution, the yeas were 45, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

1664

JOURNAL OF THE SENATE

The President resumed the Chair.
Senator Johnson of the 2nd moved that Senator Johnson of the 1st be excused. On the motion, the yeas were 33, nays 1; the motion prevailed, and Senator Johnson was excused.
The Calendar was resumed.

HB 1432. By Representatives Purcell of the 147th, James of the 140th, Reaves of the 178th and others:

A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources as to control of water pollution and surface-water use generally, so as to provide for additional grounds for the refusal to grant certain permits issued by the director.

Senate Sponsor: Senator Madden of the 47th.

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

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

Abernathy

EX Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

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

EX Johnson,E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

EX Langford

Y Egan

Y Madden

Y Fort

Y Marable

Gillis

EX Middleton

Y Glanton

EX Oliver

Y Gochenour

Y Perdue

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
Thomas,N Y Thompson Y Turner Y Tysinger Y Walker

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

HB 1674. By Representative Martin of the 47th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project of limited duration.
Senate Sponsor: Senator Egan of the 40th.

MONDAY, MARCH 16, 1998

1665

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

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

Abernathy

EX Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Y Johnson,D

Y Cagle

EX Johnson,E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

EX Langford

Y Egan

Y Madden

Y Fort

Y Marable

Y Gillis

EX Middleton

Y Glanton

EX Oliver

Y Gochenour

Perdue

On the passage of the bill, the yeas were 44, 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
Tysinger Walker

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

Senator Harbison of the 15th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 33, nays 1; the motion prevailed, and Senator Stokes was excused.

The Calendar was resumed.

HB 1683. By Representatives Roberts of the 162nd, Tillman of the 173rd and James of the 140th:

A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle dealers and used motor vehicle parts dealers, so as to define and redefine terms; to make it unlawful for the owner or lessee of real property to allow to be or have certain used motor vehicles displayed or parked on such property for the purpose of selling or advertising the sale of such vehicles.

Senate Sponsor: Senator Thompson of the 33rd.

Senator Thompson of the 33rd moved the previous question.

On the motion, the yeas were 32, nays 0, and the previous question was ordered.

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

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

Abernathy N Balfour Y Blitch Y Boshears

Y Bowen Y Broun, 46th Y Brown, 26th Y Brush

N Burton Y Cagle Y Cheeks Y Clay

1666

JOURNAL OF THE SENATE

N Crotts

Johnson,D

N Dean

EX Johnson,E

Y Egan

Y Kemp

Y Fort

Y Lamutt

Y Gillis

N Land

N Glanton

EX Langford

N Gochenour

Y Madden

EX Griffin

N Marable

Y Guhl

EX Middleton

Y Harbison

EX Oliver

Y Henson

Y Perdue

Y Hill

N Price,R

EX Hooks

N Price.T

Y Huggins

Y Ragan

Y James

Y Ralston

On the passage of the bill, the yeas were 32, nays 12.

N Ray Y Roberts Y Scott Y Starr EX Stokes N Streat
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.

Senator Ray of the 48th moved that Senator Balfour of the 9th be excused. On the motion, the yeas were 34, nays 1; the motion prevailed, and Senator Balfour was excused.

Senator Ralston of the 51st moved that Senator Roberts of the 30th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Roberts was excused.

The Calendar was resumed.

HB 661. By Representatives Baker of the 70th, Cummings of the 27th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position covered by the other retirement system may elect membership in either retirement system.
Senate Sponsor: Senator Cheeks of the 23rd.
The Senate Retirement Committee offered the following substitute to HB 661:

A BILL
To be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position covered by the other retirement system may elect membership in either retirement system; to provide for matters relating to the foregoing; to provide for applicability; 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:
SECTION 1.
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety Code Section 47-2-181, relating to the transfer of

MONDAY, MARCH 16, 1998

1667

credit from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:
"47-2-181.
(a) Any other provisions of law to the contrary notwithstanding, any member, except a member subject to subsection (b) of this Code section, who was previously a member of the Teachers Retirement System of Georgia who has service credits with said teachers retirement system may have such service credits and accumulated contributions under said teachers retirement system transferred to the Employees' Retirement System of Georgia, provided that such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances. The Teachers Retirement System of Georgia shall pay an employer contribution together with regular interest thereon to the Employees' Retirement System of Georgia for each member establishing creditable service under this subsection. The amount of such employer contributions shall be 6 percent of the reported compensation of the member establishing creditable service during membership in the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits shall so notify the board of trustees in writing.
(b) Likewise, pursuant Pursuant to Code Section 47-3-81, any employee of an agency under the retirement system may transfer his or her service credit to the credit of his or her membership in the Teachers Retirement System of Georgia in the event that he or she enters service as a teacher, as defined in Code Section 47-3-1.
(c)(l) Any provision of this title to the contrary notwithstanding, any vested member of the Teachers Retirement System who becomes an employee of an employer may, at his or her option, elect to remain a member of the Teachers Retirement System of Georgia.
(2) If a person subject to this subsection elects to remain a member of the Teachers Retirement System of Georgia, the employer and employee shall make all contributions to such retirement system and perform such other acts as are required by law or regulation.
(3) If a person subject to this subsection does not elect to remain a member of the Teachers Retirement System of Georgia, he or she shall become a member of this retirement system subject to all provisions of this chapter.
(4) This subsection shall be applicable to each person who was a member of this retirement system on January 1, 1997, and to all persons who become a member on or after such date. Any person subject to this subsection who became a member of the Teachers Retirement System of Georgia between January 1, 1997, and June 30, 1998, who elects to remain a member of this retirement system shall be governed by the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 1998, or within 60 days after the person became an employee of an employer, whichever date is later. Once made, the election is irrevocable."
SECTION 2.
Said title is further amended by striking in its entirety Code Section 47-3-81, relating to the transfer of credits from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:

1668

JOURNAL OF THE SENATE

"47-3-81.
(a) Any other provisions of law to the contrary notwithstanding, any member, other than a member subject to subsection (b) of this Code section, who was previously a member of the Employees' Retirement System of Georgia and who has service credits with said employees' retirement system may have such service credits and accumulated contributions under said employees' retirement system transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits and accumulated contributions shall notify the board of trustees of this retirement system in writing of the member's election to do so. Such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death, or normal service retirement. Such member shall be required to make additional contributions to this retirement system so that the member's annuity account balance will be the same as though the member had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees shall adjust the member's credits in proportion to the accumulated contributions transferred from the Employees' Retirement System of Georgia to this retirement system. The Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia for each member transferring service credits and accumulated contributions to the Teachers Retirement System of Georgia authorized in this Code section. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for service credit.
(b)(l) Any provision of this title to the contrary notwithstanding, any vested member of the Employees' Retirement System who becomes a teacher may, at his or her option, elect to remain a member of the Employees' Retirement System of Georgia.
(2) If a person subject to this subsection elects to remain a member of the Employees' Retirement System of Georgia, the employer and teacher shall make all contributions to such retirement system and perform such other acts as are required by law or regulation.
(3) If a person subject to this subsection does not elect to remain a member of the Employees' Retirement System of Georgia, he or she shall become a member of this retirement system subject to all provisions of this chapter.
(4) This subsection shall be applicable to each person who was a member of this retirement system on January 1, 1997, and to all persons who become a member on or after such date. Any person subject to this subsection who became a member of the Employees' Retirement System of Georgia between January 1, 1997, and June 30, 1998, who elects to remain a member of this retirement system shall be governed by the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions.
(5) Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 1998, or within

MONDAY, MARCH 16, 1998

1669

60 days after the person became a teacher, whichever date is later. Once made, the election shall be irrevocable.
(6) The provisions of this subsection shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this subsection shall be affected by any subsequent legislation."
SECTION 3.
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 4.
All laws and parts of laws in conflict with this Act are repealed.

Senator Cheeks of the 23rd offered the following amendment:

Amend the Senate Retirement Committee substitute to HB 661 by striking the quotation marks at the end of line 2 of page 3 and by inserting immediately following said line the following:

"(5) The provisions of this subsection shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this subsection shall be affected by any subsequent legislation.'"

On the adoption of the amendment, the yeas were 30, nays 0, and the Cheeks amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

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

Abernathy EX 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 EX Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins Y James
Johnson,D EX Johnson,E Y Kemp Y Lamutt Y Land

EX Langford Y Madden Y Marable EX Middleton EX Oliver
Perdue Y Price,R Y Price.T Y Ragan Y Ralston Y Ray EX Roberts Y Scott Y Starr EX Stokes Y Streat

1670

JOURNAL OP THE SENATE

Y Tanksley

Y Thomas,N

Y Taylor

Y Thompson

Y Thomas.D

Y Turner

On the passage of the bill, the yeas were 43, nays 0.

Tysinger Y Walker

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

HB 1664. By Representatives Henson of the 65th, Murphy of the 18th, Teper of the 61st and others:

A bill to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create the Georgia Commission on the Holocaust.

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

EX Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Johnson,D

Y Cagle

EX Johnson.E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

EX Langford

Y Egan

Y Madden

Y Fort

Y Marable

Y Gillis

EX Middleton

Y Glanton

EX Oliver

Y Gochenour

Perdue

On the passage of the bill, the yeas were 42, nays 0.

Price,R Y Price,T Y Ragan Y Ralston Y Ray EX Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas.N Y Thompson Y Turner
Tysinger Y Walker

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

HB 1557. By Representative Teper of the 61st:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide for changes to the "Local Government Authorities Registration Act".
Senate Sponsor: Senator Ray of the 48th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

MONDAY, MARCH 16, 1998

1671

Abernathy EX 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
Glanton Y Gochenour

EX Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins Y James
Johnson,D EX Johnson,E Y Kemp Y Lamutt Y Land EX Langford Y Madden Y Marable EX Middleton EX Oliver
Perdue

On the passage of the bill, the yeas were 42, nays 0.

Y Price,R Y Price,T Y Ragan Y Ralston Y Ray EX Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner
Tysinger Y Walker

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

HB 1485. By Representative Shanahan of the 10th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, so as to allow the time period for existence of the district to range from five years to ten years.
Senate Sponsor: Senator Dean of the 31st.
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 1485:

A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to revise and change the "Redevelopment Powers Law"; to change certain definitions; to specify applicability with respect to consolidated governments; to change certain requirements and procedures regarding redevelopment plan proposals; to change requirements and procedures for creating tax allocation districts; to change certain provisions regarding use of general funds derived from tax allocation districts to finance tax allocation bonds; to change the method of determining tax allocation increment bases; to provide for estimated tax allocation increment bases; to change requirements and procedures regarding allocation of positive tax allocation increments and creation of a special fund; to change certain provisions regarding payment of redevelopment costs; to change certain provisions regarding use of certain general funds; to change certain provisions regarding issuance of certain tax allocation obligations; to provide for related matters; to change certain provisions regarding city business improvement districts so as to allow the time period for existence of the district to range from five years to ten years; to change certain provisions with respect to renewal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1672

JOURNAL OF THE SENATE

SECTION 1.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking paragraphs (2), (4), (9), and (12) of Code Section 36-44-3, relating to definitions, and inserting in their place new paragraphs (2), (4), (9), and (12) to read as follows:
"(2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality; and, in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county; and, in the case of a consolidated government or its redevelopment agency, the area lying within the territorial boundaries of the consolidated government. 'Area of operation' may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4."
"(4) 'Political subdivision' means any county, or municipality, or consolidated government of this state."
"(9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which:
(A) Specifies the boundaries of the aiea proposed fui ledevelupmeiit proposed redevelopment area;
(B) FxuviduM evidence Explains the grounds for a finding by the local legislative body that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan;
(C) Explains the proposed uses for redevelopment pui puses after redevelopment of real property and the piupuseu iiidlnju 01 liimiiCjuig any coiisLi'uctioii, I'econsti uc-
LiL/n, GA^jcuioiuii, i enu v ciLiun, i diciuiliLfciLnjii, i c^jtiii , uciiiuliLiun, altci uLiun, ui it;-
iiiuiLt^liiig Oi Budi ^jiu^Jtiiuy iui oui;li uaco ctnu ctstiiiitiLco Lilt? tusL Llidt^ul Wltnin tne
redevelopment area;
(D) Describes the piupused ombU uiliuu, lecunstiuctiun, expansion, renovation, rehabililatiun, repair, demolition, alteiatiun, ui leaiuilellug uf any public wuiks, pub-
lic liuusiiig, Oi utllci public iaCllilie, ealiiiicilt:a tlie uuot Llicicul, mm CAplmjuo Llic
piupused melhud uf financing such activities any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects;
vJli,} JL/eSCi'iDeS lile jii'Gjpubc 11itL)lll Lei tJ.uli 5 i'^^j^Lll'j CleillOlitiOilj 911/61*3tlOH, OI* 1*611100.61111^ OI priVflt^ly OWUCCl pl"Op~
i S Lllll ci Lt; S t/llc COSt tllci'eOI, &ilu cXJjlaj-JiS Llit; |Ji'upOSGtl ineLliOu OI 1 1 II ciliCl Ii^
tP)(E) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan;
fOXF) Describes the type of relocation payments proposed to be authorized by the redevelopment plan and estimates the cost of making such payments;

MONDAY, MARCH 16, 1998

1673

fH)(G) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto;
(,X/vi/ O (j.jll.ilicn'1/iCStBXJ}^HClltU.l*cS II'Gill tiGtil uCluliC cllitlpTIVfltG1111ctiiCl11jJSGLtiCcs
WlllCll clx'ccStliil&LcuCO DG illfltlt! 101" GilCilytJtii.'u. ui'-HigMillytiiirsii.iiiil6u.13.t6ly Iul~
lowing Qiu implementation of the ledevelupmeiiL ylau Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan;
(1)(J) liiuluuca auuli utlici mlui iiiatiOn as may utj it;t|uncu \jy icaululiuii ul Llic pu-
liLitctl ouuuiVisiuii wliuoe eiicei ul upciciliuji mCluucs the eiieci piupuacu lui' icJcvcl-
upmeul Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment;
fKXJ) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be:
(i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or
(ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects,
which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparagraph shall be construed to require approval of a redevelopment plan or any part thereof by the state historic preservation officer;
ffcXK) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date;
(_JVL_}(, *-!/ .L\.t;i;ltjt;c> tile IclSt K-iiuwii lSS6SSGa. VtlllltltlGri OT til6 1'cClcVt;lOjlllc 111 &i*efli tiiiu.
the estimated assessed valuation after redevelopment Contains a map specifying the boundaries of the proposed tax allocation district and showing existing uses and conditions of real property in the proposed tax allocation district;
fNXM) Specifies the estimated tax allocation increment base of the proposed tax allocation district obtained pursuant to Cude Sectkm 30-44-10 and supported by the ceitifiudtluii uf Lhe stale levenuu cummissimiei as piuvided by said Code section;
(OXN) Specifies property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (2) of Code Section 36-44-8;
(PXO) Specifies the amount of the proposed tax allocation bond issue or issues; and the term and assumed rate of interest applicable thereto;
(ffi(P) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; and
Vv^/vTv/ vJuntcllllS 3 lllct^j Sllu wiii^ eAistin^ U.S6S iillQ cuiiClltlOUS Oi I'tjQ.l prGJJiifty Til
the proposed tax allucalkm uisliict Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district,

1674

JOURNAL OF THE SENATE

all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; and
(R) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the proposed redevelopment
"(12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging
LllC ^IL UJcCLc J llll;l CC1DC 111 O\l Vdluldll LcUL ICVCllUCH ICDlllLlllg llUlll LllC ^lUJJUSCU 1CUC-
velupiiienl of prupeity within a Lax allocation disLiict for the lepayiueul payment or security for payment of such bonds positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution."
SECTION 2.
Said title is further amended by striking subsection (d) of Code Section 36-44-4, relating to creation of redevelopment agencies, and inserting in its place a new subsection (d) to read as follows:
"(d) Any county, and municipality, and consolidated government, or any combination of such political subdivisions, by resolution of their respective local legislative bodies, may jointly create a public corporation, or designate an existing public corporation which already exercises 'redevelopment powers' under any other law, to serve as the common redevelopment agency on behalf of such political subdivisions. The membership of the board of directors and their terms of office of any such jointly created public corporation and the powers and duties of such public corporation shall be as mutually agreed upon by the local legislative bodies of the participating political subdivisions, as evidenced by a resolution duly adopted by each such local legislative body. In the event a public corporation is created or designated, as authorized in this Code section, to serve as the common redevelopment agency of two or more political subdivisions, then the area of operation of such redevelopment agency shall be the combined areas of operation of the political subdivisions jointly creating or designating such redevelopment agency."
SECTION 3.
Said title is further amended by striking subsections (b) and (c) of Code Section 36-44-7, relating to redevelopment plan proposals, and inserting in their place new subsections (b) and (c) to read as follows:
"(b) When a proposed redevelopment plan is prepared, it shall be submitted by the redevelopment agency to the local legislative body. Within the 60 day period after the plan is submitted, the local legislative body shall hold at least one public hearing on the proposed redevelopment plan unce each week fui twu consecutive weeks. The local legislative body shall cause the time, date, place, and purpose of each such public hearing to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of each public hearing.

MONDAY, MARCH 16, 1998

1675

(c) Within 45 days after completing the public hearings required by subsection (b) of this Code section, the local legislative body of the political subdivision shall schedule and hold a meeting of the local legislative body for the purpose of considering the approval of the redevelopment plan. The local legislative body shall cause the date, time, place, and purpose of such meeting to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of such meeting. At such meeting the redevelopment plan shall be approved as submitted, amended and approved, or rejected and returned to the redevelopment agency for further considera-
tlOIl. Any FtiCltiVti1G^M11elltplfl.ilfl.illtiilueu SO ECS tO fllt^rtllticXtci'ilflil_Mjm.lu<ii'jLt;c> OT Hie
i*c CteV elu uiileillfll ticl, SO3S tuS ClDStfl.iltifl.lly Cllflnj^eti!6 1 111(1Uric OT {eiici*flinfl.tU.ic OT
tile i'eutVtlGGilleiit; |jltUi, Or SO flS GtilcrWlcit; tO Su.ljEsLfliiLifl.llyCliclli^t; tile 1'eu.B vclGpIUelit
plan shall be deemed tu have been injected. Any redevelopment plan rejected by the local legislative body shall be returned to the redevelopment agency and shall be subject to the public hearing requirements of subsection (b) of this Code section if it is again submitted to the local legislative body for approval, either in the same or amended form."
SECTION 4.
Said title is further amended by striking Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in its place a new Code Section 36-44-8 to read as follows:
"36-44-8.
In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, tu the political subdivision ui buaid uf education required to consent or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9;
(2) Submission of the redevelopment plan, along with a certified copy of any resolution giving the consent required under paragraph (1) of this Code section, to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; and
(3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes;
(B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body;
(C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the

1676

JOURNAL OF THE SENATE

name of the political subdivision within whose area of operation the district is located;
(D) Specifies the estimated tax allocation increment base;
(E) Specifies property taxes to be used for computing tax allocation increments; and
(F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and
(FXG) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan; and
(ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district.
If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information."
SECTION 5.
Said title is further amended by adding two new subsections at the end of Code Section 36-44-9, relating to computation of tax allocation increments of tax allocation districts, to be designated subsections (d) and (e) to read as follows:
"(d) When a tax allocation district is created within the area of operation of a consolidated government by the local legislative body of the consolidated government, property taxes for computing tax allocation increments shall be based on all consolidated government ad valorem property taxes levied for consolidated government purposes. Ad valorem property taxes levied for school district purposes within the boundaries of the consolidated government may be included in the computation of tax allocation increments for a consolidated government tax allocation district if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively.
(e) A county may pledge all or part of county general funds derived from a municipal tax allocation district for payment or security of payment of tax allocation bonds issued by the municipality and for payment of other redevelopment costs of the tax allocation district if the local legislative body of the county consents to the use of such general funds by resolution duly adopted by said local legislative body."
SECTION 6.
Said title is further amended by striking Code Section 36-44-10, relating to determination of the tax allocation increment base of a proposed tax allocation district, and inserting in its place a new Code Section 36-44-10 to read as follows:

MONDAY, MARCH 16, 1998

1677

"36-44-10.
(a) Fiiui lu the adupliun uf a itisulutiuii by the lucal legislative budy uf a political subdivisiuii creating a No later than the effective date of the creation of the tax allocation district, the redevelopment agency shall apply, in writing, to the state revenue commissioner for a determination of the tax allocation increment base of the piupused tax allocation district. Within a reasonable time, and not exceeding 60 days after leceiviag such application the effective date of the creation of the tax allocation district, the state revenue commissioner shall certify such tax allocation increment base, as of the piopoaed effective date of the creation of the tax allocation district, to the redevelopment agency, and such certification, unless amended pursuant to subsection (b) of this Code section, shall constitute the tax allocation increment base of the tax allocation district.
(b) If the local legislative body of a political subdivision adopts an amendment to the resolution which created a tax allocation district and such amendment changes the boundaries of that tax allocation district so as to cause additional redevelopment costs for which tax allocation increments may be received by the political subdivision, the tax allocation increment base for the revised or amended district shall be redetermined pursuant to subsection (a) of this Code section as of the effective date of such amendment. The tax allocation increment base as redetermined under this subsection is effective for the purposes of this chapter only if it exceeds the original tax allocation increment base determined under subsection (a) of this Code section.
(c) It is a rebuttable presumption that any property within a tax allocation district acquired or leased as lessee by the political subdivision, or any agency or instrumentality thereof, within one year immediately preceding the date of the creation of the district was so acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the political subdivision with proof that the property was so leased or acquired primarily for a purpose other than to reduce the tax allocation increment base. If the presumption is not rebutted, in determining the tax allocation increment base of the district, but for no other purpose, the taxable status of the property shall be determined as though such lease or acquisition had not occurred.
(d) For each political subdivision whose area of operation includes a tax allocation district, the county board of tax assessors, or joint city-county board of tax assessors, or board of tax assessors for a consolidated government, as the case may be, shall identify upon the tax digests of the political subdivision those parcels of property which are within each existing tax allocation district, specifying the name of each district. A similar notation shall appear on tax digests submitted to the state revenue commissioner pursuant to Code Section 48-5-302, relative to the submission of tax digests to the state revenue commissioner.
(e) The county board of tax assessors, or joint city-county board of tax assessors, or consolidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-4411."

1678

JOURNAL OF THE SENATE

SECTION 7.
Said title is further amended by striking Code Section 36-44-11, relating to allocation of positive tax allocation increments and creation of a special fund, and inserting in its place a new Code Section 36-44-11 to read as follows:
"36-44-11.
(a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders. General funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall also be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds have been paid or provided for, subject to any agreement with bondholders.
(b)(l) Each county tax collector or tax commissioner, or municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such political subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem taxes in the computation of tax allocation increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision.
(2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9.
(c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien

MONDAY, MARCH 16, 1998

1679

against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in the same manner and proportion as the most recent distribution by the county tax collector or tax commissioner, or municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund."
SECTION 8.
Said title is further amended by striking paragraph (2) of Code Section 36-44-13, relating to payment of redevelopment costs, and inserting in its place a new paragraph (2) to read as follows:
"(2) Payment from the general funds of a political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20;".
SECTION 9.
Said title is further amended by striking subsections (c) and (e) of Code Section 36-4414, relating to issuance of certain tax allocation obligations, and inserting in their place new subsections (c) and (e) to read as follows:
"(c) Tax allocation bonds, notes, or other obligations issued by a local legislative body under this chapter shall be payable solely from the property pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations, which property shall be limited to real or personal property acquired pursuant to this chapter and the proceeds from any source from which redevelopment costs may be paid under Code Section 36-44-13, but subject to the limitations of Code Sectiun Sections 36-44-9 and 36-44-20. Each such bond, note, or other obligation shall contain recitals as are necessary to show that it is only so payable and that it does not otherwise constitute an indebtedness or a charge against the general taxing power of the political subdivision or county or independent board of education consenting to the use of property taxes as a basis for computing tax allocation increments or a chaige against its or Lheii geneial taxiag puwm consenting to the use of general funds derived from the tax allocation district."
"(e) Tax allocation bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 25 30 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may

1680

JOURNAL OF THE SENATE

permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the local legislative body authorizing the issuance of such tax allocation bonds, notes, or other obligations shall bind the members of the local legislative body then in office and their successors."
SECTION 10.
Said title is further amended by striking Code Section 36-44-19, relating to certain contractual agreements, and inserting in its place a new Code Section 36-44-19 to read as follows:
"36-44-19.
A cuuiily ui iiiuiiiiiipaliLy political subdivision may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such contracts may include, without being limited to, contracts to convey or otherwise obligate real property for redevelopment under this chapter although that property has not yet been acquired at the time of contracting by the county or municipality."
SECTION 11.
Said title is further amended by striking Code Section 36-44-20, relating to use of general funds, and inserting in its place a new Code Section 36-44-20 to read as follows:
"36-44-20.
Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments uadei in that district's redevelopment plan special fund are insufficient in any yuai at any time to pay principal and interest due on such bonds thai yeai."
SECTION 12.
Said title is further amended by striking Code Section 36-44-23, relating to intent with respect to certain powers, and inserting in its place a new Code Section 36-44-23 to read as follows:
"36-44-23.
The powers provided by this chapter are intended by the General Assembly to be cumulative and supplemental to any powers heretofore provided by law for counties, and municipalities, and consolidated governments of this state and not in lieu of any such heretofore existing powers."
SECTION 13.
Said title is further amended by striking Code Section 36-43-9, relating to termination of city business improvement districts, and inserting in its place a new Code Section 36-439 to read as follows:
"36-43-9.
Any district which is created or renewed pursuant to Code Section 30-42-0 36-43-5 shall terminate and cease to exist exactly fivn on a date specific no less than five years and no more than ten years from the date of its creation or renewal by ordinance, un-

MONDAY, MARCH 16, 1998

1681

less tliu disUict is renewed in the iiiamiei sul fuith in Oude Om-litm 30-42-0 fui iU.

SECTION 14.

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

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

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

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

Abernathy

EX Griffin

EX Balfour

Y Guhl

Blitch

Y Harbison

Y Boshears

Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Johnson.D

N Cagle

EX Johnson,E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

EX Langford

Egan

Y Madden

Y Fort

Y Marable

Y Gillis

EX Middleton

Y Glanton

EX Oliver

Y Gochenour

Y Perdue

On the passage of the bill, the yeas were 38, nays 1.

Y Price.R Y Price,T Y Ragan Y Ralston Y Ray EX Roberts Y Scott Y Starr EX Stokes
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 by substitute.

HB 1183. By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to eligibility for and exceptions from free public education, so as to provide for the state to reimburse local units of administration for reasonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility.
Senate Sponsor: Senator Starr of the 44th.
The Senate Education Committee offered the following substitute to HB 1183:

A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for the state to reimburse local units of administration for reasonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility; to provide for increases in the state salary of teachers who receive national certification; to provide for paid leave

1682

JOURNAL OF THE SENATE

for teachers seeking national certification; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended in Code Section 20-2-133, relating to eligibility for and exceptions from free public education, by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(l) Except for a child who is in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any child placed by the Department of Juvenile Justice or the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Juvenile Justice or the Department of Human Resources who remains in that facility for more than 60 continuous days and any child who is a patient in a facility licensed by the State of Georgia to deliver intermediate care for the mentally retarded and which follows the federal regulations for intermediate care for the mentally retarded, who has been determined as appropriate for that level of care by the Department of Medical Assistance or its designee, who has been admitted to such facility after evaluation and recommendation by developmental service teams of the Department of Human Resources, and who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facility is located as eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facilities. However, except as provided in this paragraph, placement in such a facility by the parent or by another local unit of administration shall not create such responsibility.
(2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed

MONDAY, MARCH 16, 1998

1683

by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held.
(3)(A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Juvenile Justice or the Department of Human Resources or in a facility licensed to provide intermediate care for the mentally retarded for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continuous days.
(B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of administration to another.
(4) When the custodian of any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Programs (lEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) or (2) of this subsection, the Department of Juvenile Justice or the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice or the Department of Human Resources pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice or the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release.
(5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. For the purposes of this paragraph, the term 'reasonable and necessary expenses' shall include reasonable attorneys' fees and costs of litigation expended, either for its defense or in payment of statutorily mandated plaintiffs' attorneys' fees, by the local unit of administration on any administrative or judicial proceeding involving any child described in paragraphs (1) or (2) of this subsection. These grants will be determined and made pursuant to regulations adopted by the State Board of Education.
(6) If any child described in paragraphs (1) and (2) of this subsection is unable to leave the Department of Human Resources facility or the facility licensed to provide intermediate care for the mentally retarded to receive educational services as determined by the local school system responsible for educational services and the Department of Human Resources, then the local school system shall not be responsible for providing any educational services to such child.

1684

JOURNAL OF THE SENATE

(7) The Department of Education, the Department of Human Resources, the Department of Juvenile Justice, and the local units of administration where Department of Juvenile Justice or Department of Human Resources facilities or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical custody of the Department of Juvenile Justice or the Department of Human Resources."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 20-2-212.2, relating to a salary increase for persons receiving certification from the National Board for Professional Teaching Standards, and inserting in lieu thereof a new Code Section 20-2212.2 to read as follows:
"20-2-212.2.
(a) As used in this Code section, 'national certification' means certification obtained from the National Board for Professional Teaching Standards.
(b) Any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate;
(2) Has completed three years of teaching in Georgia public schools prior to receiving national certification;
(3) Has not previously received state funds for participating in any certification area in the national certification program; and
(4) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification
shall receive not less than a 5 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such certification. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible.
(c) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification.
frXd) The national certification program participation fee shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to subsection (a) of this Code section.
for)(e) A teacher for whom the State of Georgia pays the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the certification fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher."
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 34, nays 0, and the substitute was adopted.

MONDAY, MARCH 16, 1998

1685

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:

Abernathy

EX Griffin

EX Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Johnson.D

N Cagle

EX Johnson,E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

EX Langford

Egan

Y Madden

Y Fort

Y Marable

Y Gillis

EX Middleton

N Glanton

EX Oliver

N Gochenour

Y Perdue

On the passage of the bill, the yeas were 33, nays 8.

N Price,R N Price.T
Ragan N Ralston N Ray EX Roberts Y Scott Y Starr EX Stokes Y Streat N Tanksley Y Taylor Y Thomas,D Y Thomas.N Y Thompson Y Turner
Tysinger Y Walker

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

HB 1143. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and others:

A bill to amend Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations which solicit or accept charitable contributions, so as to change certain requirements with respect to the review or audit of financial statements.

Senate Sponsor: Senator Middleton of the 50th.

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

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

Abernathy EX 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
Egan Y Fort Y Gillis Y Glanton Y Gochenour EX Griffin Y Guhl
Harbison Y Henson Y Hill

EX Hooks Y Huggins Y James
Johnson,D EX Johnson,E Y Kemp Y Lamutt Y Land EX Langford Y Madden Y Marable EX Middleton

1686

JOURNAL OF THE SENATE

EX Oliver

EX Roberts

Y Perdue

Y Scott

Y Price,R

Y Starr

Y Price,T

EX Stokes

Y Ragan

Streat

Y Ralston

Y Tanksley

Y Ray

Y Taylor

On the passage of the bill, the yeas were 41, nays 0.

Y Thomas,D Y Thomas.N Y Thompson Y Turner
Tysinger Y Walker

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

HB 862. By Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt policies and contracts of insurance issued by insurers who do not use independent agents from certain countersignature requirements.
Senate Sponsor: Senator Brush of the 24th.
The Senate Insurance and Labor Committee offered the following substitute to HB 862:

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt policies and contracts of insurance issued by insurers who do not use independent agents from certain countersignature requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-3-11, relating to the requirement of a countersignature by a licensed resident agent, and inserting in lieu thereof a new Code section to read as follows:
"33-3-11.

(a) No authorized insurer shall issue a policy covering a subject of insurance resident, located, or to be performed in Georgia unless the policy or countersignature endorsement attached thereto is countersigned by its licensed agent resident in Georgia. A licensed service representative resident in Georgia may countersign a policy or endorsement for and on behalf of the licensed agent upon written request of the Georgia agent.
(b) Subsection (a) shall not apply to:
(1) Reinsurance or to life or accident and sickness insurance;
(2) Insurance of the rolling stock, vessels, or aircraft of any common carrier in interstate or foreign commerce or insurance of any vehicle principally garaged and used in another state or covering any liability or other risks incident to the ownership, maintenance, or operation thereof;
(3) Insurance of property in course of transportation, interstate or in foreign trade, or any liability or risk incident thereto;
(4) Insurance of ocean marine risks; or

MONDAY, MARCH 16, 1998

1687

(5) Bid bonds issued by any surety insurer in connection with any public or private building or construction project; or
(6) Policies and contracts of insurance issued by insurers operating through or otherwise using employee or independent contractor agents who exclusively represent one insurer or a group of insurers under common ownership or control in the solicitation or servicing of business.
(c) Violation of this Code section shall not invalidate the policy."
SECTION 2.
Said title is further amended by striking Code Section 33-23-31, relating to risk situs, countersignature requirements by licensed resident agents, exceptions, venue, and service, and inserting in lieu thereof a new Code Section to read as follows:
"33-23-31.
(a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state.
(b) All insurance contracts on risks or property or persons located or having a situs in this state shall bear the countersignature of an agent who is licensed pursuant to Code Section 33-23-5, except:
(1) Any contract of insurance covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle used in interstate or foreign commerce, or covering any liability or other risks incident to the ownership, maintenance, or operation thereof;
(2) Any contract of property insurance upon property of railroad companies and other common carriers;
(3) Any contract of insurance covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier;
(4) Any contract of reinsurance between insurers;
(5) Any contract of life or accident and sickness insurance; or
(6) Bid bonds issued by any surety insurer in connection with any public or private building or construction project; or
(7) Policies and contracts of insurance issued by insurers operating through or otherwise using employee or independent contractor agents who exclusively represent one insurer or a group of insurers under common ownership or control in the solicitation or servicing of business.
(c) A nonresident who is the holder of a nonresident agent's license from this state shall not directly or indirectly solicit, negotiate, or effect insurance contracts in this state unless accompanied by a countersigning agent licensed pursuant to this chapter.
(d) Each nonresident agent by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident agent by serving the same upon the Commissioner. Service shall be made by leaving a copy of the notice, summons, or process

1688

JOURNAL OF THE SENATE

with a fee in the hands of the Commissioner. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident agent, provided that notice of the service and a copy of the notice, summons, or process shall be immediately sent by registered or certified mail by the plaintiff or by the Commissioner to the residence of the nonresident agent addressed to the agent. The nonresident agent's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiffs attorney or by the Commissioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commissioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident agent placed on file by him or her with the Commissioner shall be deemed to be his or her place of residence until the agent places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term 'process' shall include a petition attached thereto."

SECTION 3.

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

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

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

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

Abernathy

EX Griffin

EX Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush

James

Y Burton

Johnson,D

Y Cagle

EX Johnson.E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

EX Langford

Y Egan

Y Madden

Y Fort

Y Marable

Y Gillis

EX Middleton

Y Glanton

EX Oliver

Y Gochenour

Y Perdue

On the passage of the bill, the yeas were 43, nays 0.

Y Price.R Y Price,T Y Ragan Y Ralston Y Ray EX Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson Y Turner
Tysinger Y Walker

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

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

HB 1337. By Representative Stancil of the 91st:

MONDAY, MARCH 16, 1998

1689

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.
Senator Gochenour of the 27th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Lamutt of the 21st, Langford of the 29th and Gochenour of the 27th.
The Calendar was resumed.
HB 1604. By Representative Barnes of the 33rd:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so as to authorize housing authorities to prohibit any person who is not a resident of a project from entering, loitering, or remaining upon the common areas of such project, except in certain circumstances.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Judiciary Committee offered the following substitute to HB 1604:
A BILL
To be entitled an Act to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so as to provide that loans made by an authority to an entity with which the authority has entered into a private enterprise agreement shall not be deemed usurious; to authorize housing authorities to prohibit certain nonresidents reasonably suspected of a criminal act on the premises of a housing project from entering, loitering, or remaining upon the common areas of such project; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for conditions and limitations; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, is amended by by inserting in Code Section 8-3-30, relating to general powers of housing authorities, a new subsection to be designated subsection (c) to read as follows:
"(c) No loan made by an authority to an entity with which the authority has entered into a private enterprise agreement shall be deemed usurious as long as such loan complies with applicable federal law."
SECTION 2.
Said part is further amended by adding at the end thereof a new Code Section 8-3-36 to read as follows:

1690

JOURNAL OF THE SENATE

"8-3-36.

Any housing authority created pursuant to this article, acting through its director or his or her designee, is authorized to prohibit, without breaching the peace, any person who is reasonably suspected of committing a criminal act on the premises of a housing project and who is not a resident of said project from entering, loitering, or remaining upon the common areas of such project."

SECTION 3.

Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by adding a new paragraph immediately following paragraph (6), to be designated paragraph (6.1), to read as follows:

"(6.1) Sales to any housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law';"

SECTION 4.

Sections 1 and 2 of this Act shall become effective July 1, 1998. Section 3 of this Act shall become effective 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 33, 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:

Abernathy

EX Griffin

EX Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y James

Y Burton

Johnson,D

Y Cagle

EX Johnson,E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

EX Langford

Y Egan

Y Madden

Y Fort

Y Marable

Y Gillis

EX Middleton

Y Glanton

EX Oliver

Y Gochenour

Y Perdue

On the passage of the bill, the yeas were 42, nays 0.

Y Price,R Y Price.T Y Ragan Y Ralston Y Ray EX Roberts Y Scott Y Starr EX Stokes Y Streat
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 by substitute.

HR 1004. By Representative Jones of the 71st:

MONDAY, MARCH 16, 1998

1691

A resolution declaring the State of Georgia and the Ivory Coast to be sister states.

Senate Sponsor: Senator Thomas of the 10th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Abernathy

EX Griffin

Y Price,R

EX Balfour

Y Guhl

Y Price.T

Y Blitch

Y Harbison

Y Ragan

Y Boshears

Y Henson

Ralston

Y Bowen

Y Hill

Y Ray

Y Broun, 46th

EX Hooks

EX Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

Y Burton

Johnson,D

EX Stokes

Y Cagle

EX Johnson,E

Y Streat

Y Cheeks

Y Kemp

Tanksley

Y Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

EX Langford

Y Thomas,N

Y Egan

Y Madden

Y Thompson

Fort

Y Marable

Y Turner

Y Gillis

EX Middleton

Tysinger

Y Glanton

EX Oliver

Walker

Y Gochenour

Y Perdue

On the adoption of the resolution, the yeas were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Senator Cagle of the 49th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 31, nays 4; the motion prevailed, and Senator Ralston was excused.

The Calendar was resumed.

HB 674. By Representatives Channell of the lllth, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to provide such collection for debts owed to political subdivisions of the state.
Senate Sponsor: Senator Taylor of the 12th.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 674:
A BILL
To be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to provide such collection for debts owed to political subdivisions of the state; to provide for legislative purposes; to provide for definitions; to provide for procedures; to provide for hearings; to provide for

1692

JOURNAL OF THE SENATE

fees and costs; to establish priority of claims; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, is amended by striking Code Section 48-7-160, relating to legislative purposes, and inserting in its place a new Code Section 48-7-160 to read as follows:
"48-7-160.
The purpose of this article is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the department shall cooperate in identifying debtors who owe money to the state through its various claimant agencies and who qualify for refunds from the department. It is also the purpose of this article to establish procedures for setting off against any such refund the sum of any debt owed to the state claimant agencies. It is the intent of the General Assembly that this article be liberally construed to effectuate these purposes."
SECTION 2.
Said article is further amended at the end of paragraph (1) of Code Section 48-7-161, relating to definitions, by striking the word "and" at the end of subparagraph (D), by striking the period and inserting "; and" at the end of subparagraph (E), and by adding a new subparagraph (F) to read as follows:
"(F) Any political subdivision which contracts with a Georgia nonprofit corporation whose income is exempt from federal income tax pursuant to Section 115 of the Internal Revenue Code of 1986, which corporations shall be the sole entity through which any such political subdivision may seek claims under this article."
SECTION 3.
Said article is further amended by striking paragraph (2) of Code Section 48-7-161, relating to definitions, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum or any sum which is due and owing any person and is enforceable by the Department of Human Resources pursuant to subsection (b) of Code Section 19-11-8; provided, however, that with respect to political subdivisions, 'debt' shall be limited liquidated sums due and owing only for emergency medical services, ad valorem property taxes, garbage and solid waste collection and disposal services, water and sewer services, electricity, or natural gas."
SECTION 4.
Said article is further amended by adding a new paragraph immediately following paragraph (3) of Code Section 48-7-161, relating to definitions, to be designated paragraph (3.1) to read as follows:
"(3.1) 'Political subdivision' means any county or municipality."
SECTION 5.
Said article is further amended by striking subsection (e) of Code Section 48-7-164, relating to procedures and notification, which reads as follows:

MONDAY, MARCH 16, 1998

1693

"(e) The claimant agency shall pay the department for all costs incurred by the department in setting off debts in the manner provided in this article.",
and inserting in its place new subsections (e) and (f) to read as follows:
"(e) The department may retain an amount not to exceed $25.00 from each refund set off to defray its administrative expenses.
(f) If, after appropriate review, the claimant agency determines that it is not entitled to any part of the amount set off, it shall refund the entire amount plus the amount retained by the department to defray its cost. That portion of the refund reflecting the cost incurred must be paid from the claimant agency's funds."
SECTION 6.
Said article is further amended by adding a new subsection at the end of Code Section 48-7-165, relating to procedures and appeals, to be designated subsection (e), to read as follows:
"(e)(l) Notwithstanding the provisions of subsections (a), (b), and (d) of this Code section, for purposes of claimant agencies which are political subdivisions, if the claimant agency receives written notice contesting the setoff or the sum upon which the setoff is based, the sum due and owing shall not be subject to setoff pursuant to this article until the political subdivision to whom the debt is owed has obtained a judgment on the debt from magistrate, state, or superior court. The losing party shall pay any filing fees established by local court rule and costs of service except that the governing authority of the county shall be authorized to waive such fees and costs. In addition, the claimant agency shall be responsible for attorneys fees of the taxpayer contesting the setoff where the court finds for the taxpayer.
(2) The hearing held in accordance with paragraph (1) of this subsection shall be conducted after notice of the hearing is provided to the debtor, either by registered mail or personal service. When personal service is utilized, in addition to service by other officers authorized by law to serve process, the officers of the county designated by the county governing authority may serve such notice."
SECTION 7.
Said article is further amended by striking Code Section 48-7-168, relating to priority of claimant agencies, and inserting in its place a new Code Section 48-7-168 to read as follows:
"48-7-168.
The department has priority pursuant to subsection (c) of Code Section 48-2-35 over every claimant agency for collection by setoff under this article. Priority for multiple claims from political subdivisions for a refund setoff, when the amount of the setoff available for such political subdivision claims does not equal the combined total of the claims filed by political subdivisions under this article, shall be determined by distributing the available funds to each political subdivision in the order of the date that the claim is received by the department."
SECTION 8.
This Act shall become effective on July 1, 1999.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.

1694

JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 30, nays 4, 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:

Abernathy

EX Griffin

EX Balfour

N Guhl

Y Blitch

Y Harbison

N Boshears

Henson

Y Bowen

Hill

Y Broun, 46th

Hooks

Y Brown, 26th

N Huggins

N Brush

N James

Burton

Johnson,D

N Cagle

EX Johnson,E

N Cheeks

Y Kemp

N Clay

N Lamutt

N Crotts

N Land

N Dean

EX Langford

Y Egan

Y Madden

Y Fort

N Marable

Y Gillis

EX Middleton

N Glanton

EX Oliver

N Gochenour

Y Perdue

On the passage of the bill, the yeas were 17, nays 23.

N Price,R N Price,T N Ragan EX Ralston N Ray EX Roberts Y Scott Y Starr EX Stokes N Streat N Tanksley Y Taylor N Thomas.D Y Thomas,N N Thompson Y Turner
Tysinger Y Walker

HB 674, having failed to receive the requisite constitutional majority, was lost.

Senator Boshears of the 6th moved that Senator Burton of the 5th be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Burton was excused.

The Calendar was resumed.

HB 1373. By Representatives Irvin of the 45th, Ashe of the 46th, Ehrhart of the 36th and others:
A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices, so as to change the prohibitions against strikes by state employees so as to apply to additional public employees.
Senate Sponsor: Senator Price of the 28th.
Senators Price of the 28th and Henson of the 55th offered the following amendment:
Amend HB 1373 on page 2, line 24, striking the word "Georgia".
On the adoption of the amendment, the yeas were 24, nays 8, and the Price of the 28th, Henson amendment was adopted.
Senator Fort of the 39th offered the following amendment:
Amend HB 1373 by adding after line 16, page 2 the following:
"Collective bargaining, unless otherwise defined by the laws of the United States, means negotiation, arbitration, or other mediation on matters including, but not limited to wages, benefits, and working conditions between public employers and public employ-

MONDAY, MARCH 16, 1998

1695

ees through representatives, only when such representatives are freely chosen by the public employees of a county, municipality, school system, or other political subdivision of this state or in any agency, authority, board, commission, or public institution of this state or any political subdivision thereof."
On the adoption of the amendment, Senator Fort of the 39th called for the yeas and nays. The call was sustained, and the vote was as follows:

Abernathy

EX Griffin

N Price,R

EX Balfour

N Guhl

N Price.T

N Blitch

Y Harbison

Y Ragan

Boshears

Henson

EX Ralston

N Bowen

N Hill

N Ray

N Broun, 46th

Hooks

EX Roberts

Y Brown, 26th

N Huggins

Y Scott

N Brush

Y James

N Starr

EX Burton

Johnson.D

EX Stokes

N Cagle

EX Johnson.E

N Streat

N Cheeks

N Kemp

Tanksley

N Clay

N Lamutt

Y Taylor

N Crotts

N Land

N Thomas.D

N Dean

EX Langford

Y Thomas,N

Y Egan

N Madden

N Thompson

Y Fort

N Marable

N Turner

N Gillis

EX Middleton

Tysinger

N Glanton

EX Oliver

Y Walker

N Gochenour

N Perdue

On the adoption of the amendment, the yeas were 10, nays 29, and the Fort amend-

ment 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:

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

Y Glanton Y Gochenour EX Griffin Y Guhl Y Harbison Y Henson Y Hill
Hooks Y Huggins Y James
Johnson,D EX Johnson,E Y Kemp Y Lamutt Y Land EX Langford Y Madden Y Marable

EX Middleton EX Oliver Y Perdue Y Price,R Y Price.T Y Ragan EX Ralston Y Ray EX Roberts Y Scott Y Starr EX Stokes Y Streat
Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson

1696

JOURNAL OF THE SENATE

Y Turner

Tysinger

Y Walker

On the passage of the bill, the yeas were 39, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

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.
Senate Sponsor: Senator Land of the 16th.
Senator Land of the 16th asked unanimous consent that HB 1169 be dropped to the foot of the Calendar. Senator Thompson of the 33rd objected.
Senator Dean of the 31st moved to adjourn. On the motion to adjourn, which takes precedence, the President ordered a roll call, and the vote was as follows:

Abernathy

EX Griffin

N Price,R

EX Balfour

N Guhl

N Price.T

N Blitch

N Harbison

N Ragan

N Boshears

N Henson

EX Ralston

Y Bowen

N Hill

N Ray

Y Broun, 46th

Hooks

EX Roberts

N Brown, 26th

N Huggins

N Scott

Y Brush

N James

N Starr

EX Burton

Johnson,D

EX Stokes

Y Cagle

EX Johnson,E

Y Streat

Y Cheeks

N Kemp

N Tanksley

N Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

N Thomas,D

Y Dean

EX Langford

N Thomas,N

Y Egan

N Madden

N Thompson

N Fort

Y Marable

N Turner

N Gillis

EX Middleton

Tysinger

Y Glanton

EX Oliver

N Walker

Y Gochenour

N Perdue

On the motion to adjourn, the yeas were 15, nays 27, and the motion was lost.

On the motion to drop HB 1169 to the foot of the Calendar, the President ordered a roll call, and the vote was as follows:

Abernathy EX Balfour N Blitch N Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush EX Burton Y Cagle

N Cheeks Y Clay Y Crotts Y Dean N Egan Y Fort Y Gillis Y Glanton Y Gochenour

EX Griffin N Guhl Y Harbison Y Henson Y Hill
Hooks N Huggins N James
Johnson,D EX Johnson.E

MONDAY, MARCH 16, 1998

1697

Y Kemp

N Price,R

Y Streat

N Lamutt

Y Price,T

N Tanksley

Y Land

N Ragan

Y Taylor

EX Langford

EX Ralston

Y Thomas.D

N Madden

N Ray

N Thomas,N

Y Marable

EX Roberts

N Thompson

EX Middleton

Y Scott

Y Turner

EX Oliver

Y Starr

Tysinger

Y Perdue

EX Stokes

N Walker

On the motion to drop HB 1169 to the foot of the Calendar, the yeas were 26, nays 16,

and the motion was lost.

Senators Thompson of the 33rd, Egan of the 40th, Johnson of the 1st and Oliver of the 42nd offered the following substitute to HB 1169:

A BILL
To be entitled an Act 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 define and redefine certain terms; to change certain provisions relating to vehicle occupants required to use seat safety belts; to provide an exemption; 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; to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, is amended by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term:
(1) 'passenger Passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup Uucks, motorcycles, motor driven cycles, or vehicles equipped fui uff-iuad use; all terrain vehicles piuvidud Chat the leim 'passengei vehicle' includes pickup

(2) 'Restrained' means that the lap belt portion of a seat safety belt is secured snugly across the occupant's lap and the shoulder harness portion, if any, is secured snugly over the occupant's shoulder and across the torso to the waist or hip area on the side of the body opposite the secured shoulder.
(b) Each occupant of any seat uf the fiunl seat of a passenger vehicle having a seat belt available shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208."
SECTION 2.
Said Code section is further amended by adding a new paragraph (6.1) to subsection (c) to read as follows:
"(6.1) A passenger vehicle which is being operated for farming or agricultural purposes and which is temporarily operated on a highway for the purpose of conducting farm, agricultural, or silvicultural business;"

1698

JOURNAL OF THE SENATE

SECTION 3.
Said Code section is further amended by striking paragraph (2) of subsection (e) and inserting in lieu thereof the following:
"(2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety."
SECTION 4.
Sections 1 and 2 of this Act shall become effective on January I, 1999. All other sections shall become effective on July 1, 1998, and Section 3 of this Act shall apply only to offenses committed on or after that date.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:

Abernathy

EX Griffin

Y Price.R

EX 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

EX Roberts

N Brown, 26th

Y Huggins

N Scott

N Brash

N James

N Starr

EX Burton

Johnson.D

EX Stokes

N Cagle

Y Johnson.E

Y Streat

Y Cheeks

N Kemp

Y Tanksley

Y Clay

Y Lamutt

N Taylor

N Crotts

N Land

N Thomas.D

N Dean

EX Langford

N Thomas,N

Y Egan

Y Madden

Y Thompson

Y Fort

N Marable

N Turner

N Gillis

EX Middleton

Tysinger

Y Glanton

EX Oliver

N Walker

N Gochenour

N Perdue

On the adoption of the substitute, the yeas were 16, nays 27, and the Thompson, 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:

Abernathy EX Balfour Y Blitch Y Boshears

Y Bowen Y Broun, 46th Y Brown, 26th Y Brush

EX Burton Y Cagle N Cheeks Y Clay

MONDAY, MARCH 16, 1998

1699

Y Crotts Y Dean

Johnson,D Y Johnson.E

N Egan

Y Kemp

Y Fort

Y Lamutt

Y Gillis

Y Land

Y Glanton

EX Langford

Y Gochenour

Y Madden

EX Griffin

Y Marable

Y Guhl

EX Middleton

Y Harbison Y Henson

EX Oliver Y Perdue

Y Hill

Y Price,R

Hooks

Y Price,T

Y Huggins Y James

Y Ragan EX Ralston

On the passage of the bill, the yeas were 41, nays 2.

Y Ray EX Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner
Tysinger Y Walker

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

HB 1452. By Representative Orrock of the 56th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, so as to change the provisions relative to public letting and bids; to change the provisions relative to advertisement of bids.
Senate Sponsor: Senator James of the 35th.
The report of the committee, which was favorable to the 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 EX Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th

EX Griffin Y Guhl Y Harbison Y Henson Y Hill
Hooks

Y Brown, 26th N Brush EX Burton Y Cagle

Y Huggins Y James
Johnson.D Y Johnson.E

N Cheeks Y Clay Y Crotts Y Dean

Y Kemp N Lamutt Y Land EX Langford

Y Egan Y Fort Y Gillis

Y Madden Y Marable EX Middleton

N Glanton N Gochenour

EX Oliver Y Perdue

On the passage of the bill, the yeas were 34, nays 8.

N Price,R Y Price,T Y Ragan EX Ralston N Ray EX Roberts
Scott Y Starr EX Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N N Thompson Y Turner
Tysinger Y Walker

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

1700

JOURNAL OF THE SENATE

At 9:10 P.M., Senator Walker of the 22nd moved that the Senate adjourn, pursuant to HR 1165, until 10:00 A.M. Wednesday, March 18th; the President announced the motion prevailed.

WEDNESDAY, MARCH 18, 1998

1701

Senate Chamber, Atlanta, Georgia Wednesday, March 18, 1998 Thirty-ninth 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 Monday, March 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 Senate:
SB 449. By Senators Dean of the 31st, Marable of the 52nd, Guhl of the 45th and others:
A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions 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.
SB 656. By Senator Langford of the 29th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance workers' compensation funds, so as to provide that the Commissioner of Insurance may contract with private examiners to accomplish such examinations; to provide for the payment of such examinations.
The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:
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".
SR 144. By Senators Walker of the 22nd and Stokes of the 43rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs and for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law; to provide for submission of this amendment for ratification or rejection.
SR 587. By Senators Marable of the 52nd, Hill of the 4th, Thomas of the 10th and others:

1702

JOURNAL OF THE SENATE

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.

SR 655. By Senators Hooks of the 14th, Gillis of the 20th and Broun of the 46th:
A resolution honoring Hugh Alton Carter and designating the Hugh Alton Carter Bridge.

HR 1342. By Representative Smith of the 169th:
A resolution recognizing the honorary name of the Sergeant J. D. "Eddie" Miles Bridge in Bacon County and designating that a sign be erected upon the bridge on State Highway 203 at the boundary of Appling and Bacon Counties which would read as follows: "In Honor of Sergeant J. D. 'Eddie' Miles" and for other purposes.

HR 1350. By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st: A resolution expressing gratitude to the late Larry McDonald.
The House has agreed to the Senate amendment to the following bill of the House:

HB 1760. By Representatives West of the 101st and Stallings of the 100th: A bill to create the Carroll County Family Connection Authority.

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

SR 775. By Senator Streat of the 19th:
A resolution urging the State Transportation Board to designate the intersection of U. S. Highway 341 and Georgia Highway 87 in Dodge County as the Heart of Georgia Armed Forces Veterans Memorial Intersection.
Referred to Committee on Transportation.

SR 776. By Senator Streat of the 19th:
A resolution commending Mr. S. C. Cadwell and urging the Department of Transportation to name a portion of State Road 165 in his honor.
Referred to Committee on Transportation.

SR 780. By Senator Harbison of the 15th:

A resolution creating the Senate Nonviolent Felony Substance Abuse Impact Study Committee.

Referred to Committee on Rules.

The following committee reports were read by the Secretary:

Mr. President:

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

SR 600. Do pass. SR 698. Do pass.

SR 738. Do pass. SR 766. Do pass.

WEDNESDAY, MARCH 18, 1998

1703

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

HB 1630. Do pass by substitute. HB 1723. Do pass. HB 1777. Do pass. HB 1814. Do pass. HB 1873. Do pass. HB 1882. Do pass. HB 1887. Do pass.

HB 1889. Do pass. HB 1890. Do pass. HB 1891. Do pass. HB 1892. Do pass. HB 1901. Do pass. HB 1915. Do pass by substitute.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

Senator Perdue of the 18th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:

Balfour

Gochenour

Blitch

Griffin

Boshears

Guhl

Bowen

Harbison

Broun, 46th

Henson

Brown, 26th

Hill

Brush

Hooks

Burton

Huggins

Cagle

James

Cheeks

Johnson,D

Clay

Johnson,E

Crotts

Lamutt

Dean

Land

Egan

Langford

Fort

Madden

Gillis

Marable

Glanton

Middleton

Those not answering were:

Oliver Price.R Price.T Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas,D Thomas.N Thompson Turner Tysinger

Abernathy

Perdue(PRS)

Kemp

Taylor

The President assumed the Chair.

Walker

The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America.
Senator Tanksley of the 32nd introduced the chaplain of the day, Charlie Reeb, pastor of Northside Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer.
Senator Perdue of the 18th, President Pro Tempore, assumed the Chair.
Senator Marable of the 52nd introduced Cathy Henson of The Georgia PTA, who made a presentation to the Lieutenant Governor.

1704

JOURNAL OF THE SENATE

Senator Roberts of the 30th introduced the doctor of the day, Dr. Marilyn Kaufmann, Douglasville, Georgia.
Senator Thompson of the 33rd introduced Mark Wills, commended by SR 695, adopted previously, who addressed the Senate briefly.
The following resolutions were read and adopted:
SR 777. By Senators Thomas of the 10th and Madden of the 47th: A resolution recognizing Jesse Colbert, Jr., on the occasion of his retirement.
SR 778. By Senator Broun of the 46th: A resolution commending the Athens-Clarke County Department of Police Services and Chief Joseph H. Lumpkin on re-accreditation by the national Commission on Accreditation for Law Enforcement Agencies.
SR 779. By Senators Taylor of the 12th, Hooks of the 14th, Bowen of the 13th and others: A resolution congratulating the Westover High School boys' basketball team.
SR 781. By Senators Henson of the 55th, Bowen of the 13th, Thompson of the 33rd and others: A resolution commending the Youth Assembly and Junior Youth Assembly programs of the State YMCA of Georgia.
SR 782. By Senator Broun of the 46th: A resolution commending Burnell Brown.
SR 784. By Senators Turner of the 8th and Bowen of the 13th: A resolution expressing condolences upon the passing of Mr. Jimmy Rodgers.
SR 785. By Senator Griffin of the 25th: A resolution recognizing and commending Dr. Rosemary DePaolo on becoming president of Georgia College and State University.
SR 787. By Senators Hill of the 4th, Broun of the 46th, Glanton of the 34th and others: A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.
HR 1342. By Representative Smith of the 169th: A resolution recognizing the honorary name of the Sergeant J. D. "Eddie" Miles Bridge in Bacon County and designating that a sign be erected upon the bridge on State Highway 203 at the boundary of Appling and Bacon Counties which would read as follows:"In Honor of Sergeant J. D. 'Eddie' Miles'" and for other purposes.
HR 1350. By Representatives Franklin of the 39th, Coan of the 82nd and Joyce of the 1st: A resolution expressing gratitude to the late Congressman Larry McDonald on the occasion of the fifteenth anniversary of his untimely death.

WEDNESDAY, MARCH 18, 1998

1705

Senator Turner of the 8th moved that Senator Hooks of the 14th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Hooks was excused.

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, March 18, 1998 THIRTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1630

Thomas, 10th James, 35th Scott, 36th Abernathy, 38th Fort, 39th Egan, 40th Oliver, 42nd CITY OF ATLANTA

A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change provisions relating to the duration of zones created for mixed use residential and commercial purposes.(SUBSTITUTE)

HB 1723

Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd Henson, 55th STONE MOUNTAIN JUDICIAL CIRCUIT

A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to increase the amount of such supplement.

HB 1777 Ragan, llth SEMINOLE COUNTY

A bill to abolish the office of elected county surveyor of Seminole County; to provide for appointment of a county surveyor by the governing authority of Seminole County.

HB 1814

Tanksley, 32nd Thompson, 33rd CITY OF SMYRNA

A bill to amend an Act creating a new charter for the City of Smyrna, so as to change the corporate limits.

1706

JOURNAL OF THE SENATE

HB 1873 HB 1882 HB 1887 HB 1889 HB 1890 HB 1891 HB 1892 HB 1901

Taylor, 12th CITY OF FT. GAINES
A bill to provide a new charter for the City of Fort Gaines.
Land, 16th CITY OF GENEVA
A bill to provide a new charter for the City of Geneva.
Dean, 31st CITY OF DALLAS IN PAULDING COUNTY
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to change certain provisions relating to the dismissal of the city attorney, assistant city attorney, city clerk, police chief, and judges.
Gillis, 20th Cheeks, 23rd JEFFERSON COUNTY
A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the solicitor-general of such court on and after a certain date.
Gillis, 20th Cheeks, 23rd JEFFERSON COUNTY
A bill to amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, so as to provide for the compensation of the judge of such court on and after a certain date.
Roberts, 30th Dean, 31st CITY OF BREMEN
A bill to amend an Act creating a new charter for the City of Bremen so as to change the provisions relating to the municipal court of said city.
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 further annexation and related matters.
Middleton, 50th STEPHENS COUNTY
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.

WEDNESDAY, MARCH 18, 1998

1707

HB 1915

Brush, 24th Cheeks, 23rd COLUMBIA COUNTY

A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.(SUBSTITUTE)
The substitutes to the following bills were put upon their adoption: HB 1630:

A BILL
To be entitled an Act to amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3622), so as to change provisions relating to the duration of zones created for mixed use residential and commercial purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved March 25, 1996 (Ga. L. 1996, p. 3622), is amended by striking paragraph (2) of subsection (d) of Section 8 thereof, which reads as follows:
"(2) A zone shall exist for ten years after the effective date of its creation and at the end of this period the zone and all exemptions established therein pursuant to this Act shall be abolished.",
and inserting in its place the following:
"(2)(A) Except as provided in subparagraph (B) of this paragraph, a zone shall exist for ten years after the effective date of its creation.
(B) If a zone is located within an area designated by the federal government as an 'empowerment zone,' and the effective date of the creation of the zone was January 1, 1996, and the City of Atlanta issued no certificate of occupancy for any residential or commercial space in that zone before January 1, 1998, then such zone shall exist for 12 years after the effective date of its creation. At the end of such 12 year period, the zone shall be abolished. The schedule of reduction in the exemptions provided for by paragraph (1) of this subsection shall begin on January 1, 1998. In no event may property be granted the exemption provided under this subparagraph for more than ten years."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.
HB 1915:

A BILL
To be entitled an Act to provide for the compensation, expenses, and benefits of the coroner of Columbia County; to provide for reports; to amend an Act providing for a supplement to the compensation of the Sheriff of Columbia County, approved February 18,

1708

JOURNAL OF THE SENATE

1977 (Ga. L. 1977, p. 2719), so as to raise the supplement paid to the sheriff; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

(a) The coroner of Columbia County shall receive an annual salary in the amount of $10,000.00 payable in equal monthly installments from the funds of Columbia County.

(b) The coroner of Columbia County shall submit a monthly statement to the county treasury listing the number and type of investigations undertaken by the coroner.

SECTION 2.

An Act providing for a supplement to the compensation of the Sheriff of Columbia County, approved February 18, 1977 (Ga. L. 1977, p. 2719), is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows:

"SECTION 1.

In addition to the compensation, salary, expenses, and allowances being received by the Sheriff of Columbia County, such officer shall receive an annual supplement of $5,000.00 to be paid in equal monthly installments from the funds of Columbia County."

SECTION 3.

This Act shall become effective on January 1, 1999.

SECTION 4.

Section 1 of this Act shall be automatically repealed on December 31, 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 48, 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 Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean
Egan

Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins
James Y Johnson,D Y Johnson,E Y Kemp

Y Lamutt Y Land Y Langford Y Madden Y Marable Y Middleton
Oliver Y Perdue Y Price.R Y Price,T
Ragan Y Ralston Y Ray Y Roberts Y Scott

WEDNESDAY, MARCH 18, 1998

1709

Y Starr

Y Taylor

Y Turner

Y Stokes

Thomas,D

Y Tysinger

Y Streat

Y Thomas,N

Y Walker

Y Tanksley

Y Thompson

On the passage of the local bills, the yeas were 48, nays 0.

The bills on the Local Consent Calendar, except HB 1630 and HB 1915, having received the requisite constitutional majority, were passed.

HB 1630 and HB 1915, having received the requisite constitutional majority, were passed by substitute.

The following communication was received by the Secretary:

Dear Mr. Secretary:

On March 18, 1998, due to a momentary distraction I failed to cast a vote on House Bill 1777. Let the record reflect that I strongly support House Bill 1777.

Thank you for your assistance in this matter.

Sincerely,

/s/ Harold J. Ragan

Senator Perdue of the 18th, President Pro Tempore, assumed the Chair.

The following uncontested resolutions of the House, favorably reported by the committee as listed on the General Consent Calendar for Commemorative Resolutions, were put upon their adoption:

GENERAL CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS
Wednesday, March 18, 1998 THIRTY-NINTH LEGISLATIVE DAY

HR 292

- "Lacoda Trail Memorial Parkway"; designate Georgia Highway 334 (Trans-47th) Tolbert-25th

HR 847 - David P. Ridgeway, Sr., Bridge; designate (Trans-17th) Smith-109th

HR 931

- "The Captain Bobbie Brown Highway"; designate (Trans-20th) Porter-143rd

HR 954 - "W. W. Fincher, Jr., Parkway"; designate (Trans-53rd) Poag-6th

HR 955 - "Gerald H. Leonard Parkway"; designate (Trans-53rd) Poag-6th

HR 994 ~ Glenn Gooch Bypass; designate (Trans-50th) Twiggs-8th

HR 1029 - Donald Ridley Bridge; designate (Trans-25th) Channell-lllth

HR 1054

- "Lauren 'Bubba' McDonald Parkway"; Veterans' Memorial Parkway; designate (Trans-47th) Tolbert-25th

HR 1064

- Reverend Joseph Edward Grizzle Bridge; designate (Trans-50th) Whitaker-7th

HR 1092

- Pearl Harbor Memorial Highway; designate (Trans-29th) Brown-130th

HR 1095 ~ Roscoe Collins Drive; designate (Trans-50th) Twiggs-8th

1710

JOURNAL OF THE SENATE

HR 1097 - "Davis Love III Highway"; designate (Trans-3rd) Scarlett-174th

HR 1101 - "C. W. Bradley Highway"; designate (Trans-54th) Poag-6th

HR 1102 - Charles A. Pannell, Sr, Highway; designate (Trans-54th) Poag-6th

HR 1106

- William "Billy" Shaw Abney Memorial Highway; designate (Substitute)(Trans-33rd) Snow-2nd

HR 1154

- Don Saggus, Jr., Memorial Bridge; designate (Trans-24th) McCall-90th

Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee

Senator Thompson of the 33rd filed the following objection:

AS PROVIDED IN RULE 111, WE, THE UNDERSIGNED SENATORS HEREBY FILE AN OBJECTION TO HR 1106 WHICH IS ON THE CONSENT CALENDAR FOR COMMEMORATIVE RESOLUTIONS FOR TODAY, AND HEREBY REQUEST THAT IT BE MOVED TO THE CALENDAR THEN IN ORDER FOR A THIRD READING.

/s/ Thompson of the 33rd

/s/ Huggins of the 53rd

/s/ Tanksley of the 32nd 3-18-98

The report of the committee, which was favorable to the adoption of the resolutions as reported, was agreed to.

On the adoption of the resolutions on the General Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows:

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

EX Hooks

Y Roberts

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

Tanksley

Y Clay

Y Lamutt

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

N Glanton

Oliver

Walker

Y Gochenour

Perdue(PRS)

On the adoption of the resolutions, the yeas were 45, nays 1.

WEDNESDAY, MARCH 18, 1998

1711

The resolutions on the General Consent Calendar for Commemorative Resolutions except HR 1106, having received the requisite constitutional majority, were adopted.
The following resolution, having been removed from the Consent Calendar for Commemorative Resolutions, was put upon its adoption:
HR 1106. By Representatives Snow of the 2nd, Murphy of the 18th, Perry of the llth and others:
A resolution designating the William "Billy" Shaw Abney Memorial Highway.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Transportation Committee offered the following substitute to HR 1106:
A RESOLUTION
Designating the William "Billy" Shaw Abney Highway, the L. Carlton Gill Highway, and the Hubert Ervin "H. E." Hobbs Highway; and for other purposes.
PARTI.
WHEREAS, Mr. William "Billy" Shaw Abney served as the Judge of the Juvenile Court in Walker, Dade, and Catoosa Counties for 33 years prior to being appointed a senior judge by Governor Zell Miller in 1997; and
WHEREAS, William "Billy" Shaw Abney was born in 1934 in LaFayette, Georgia, and has been a resident of Walker County for 63 years; and
WHEREAS, he has been married to Ann Abney, a long-time Walker County educator, since 1961 and they have two outstanding children, Shaw who is a cattle farmer and Anna who is an art major in Cortona, Italy; and
WHEREAS, in 1960, Mr. Abney was elected to the Georgia House of Representatives where he served four terms; and
WHEREAS, later, he served two terms in the Georgia Senate; and
WHEREAS, Judge Abney provided the leadership in having juvenile detention facilities constructed in Northwest Georgia; and
WHEREAS, Judge Abney has contributed more to good government and political stability in Walker County than any other individual in the past 50 years and he is highly respected and loved by the people of Walker County; and
WHEREAS, it is most fitting and appropriate to honor this outstanding citizen for his many years of dedicated public service to the people of Walker County and the State of Georgia.
PART II.
WHEREAS, Mr. L. Carlton Gill has long been recognized by the citizens of Bryan County for the vital role that he has played in community leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his over four decades of superlative service as a member of the board of commissioners of Bryan County; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community have earned him the respect and admiration of his colleagues and associates; and

1712

JOURNAL OF THE SENATE

WHEREAS, he is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this distinguished Georgian be appropriately recognized.
PART III.
WHEREAS, Honorable Hubert Ervin "H. E." Hobbs served with distinction, dedication, and ability as mayor of the City of Cusseta for 17 years and was instrumental in bringing numerous public improvements to the city and its citizens, including the creation of the municipal water system; and
WHEREAS, he was widely respected for his 20 years of service as chairman of the Chattahoochee County Board of Education and for his leadership in providing exceptional educational opportunities to the young people of Chattahoochee County; and
WHEREAS, he was a faithful member of the First Baptist Church of Cusseta, where he served as chairman of the board of deacons; and
WHEREAS, he was actively involved with the business, civic, and social lives of his community, having served as president of the Cusseta Lions Club; and
WHEREAS, he was the devoted husband of the late Mrs. Lorene Hobbs and the father of four outstanding children, Van, Penny, Terry, and Mary Ellen.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Highway 193 in Walker County from its intersection with the city limits of the City of LaFayette to its intersection with State Highway 341 at Davis Crossroads shall be designated the William "Billy" Shaw Abney Highway.
PARTIV.
BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Interstate 95/Georgia Highway 405 running through Bryan County from the boundary of Liberty County to the boundary of Chatham County be named the L. Carlton Gill Highway.
PART V.
BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Georgia Highway 520 Business beginning at U. S. Highway 27-280 west of Cusseta and going through the City of Cusseta and south to the intersection of U. S. Highway 27-280 is designated the Hubert Ervin "H. E." Hobbs Highway.
BE IT FURTHER RESOLVED that the Commissioner of Transportation is authorized and directed to place appropriate signs for these designation.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Judge William "Billy" Shaw Abney, Mr. L. Carlton Gill, and to the family of Hubert Ervin "H. E." Hobbs.
Senators Thompson of the 33rd and Streat of the 19th offered the following amendment:
Amend the committee substitute to HR 1106 by adding on Page 3 line '13,' the following, "That the bridge on Hwy 5 known as State Route 5, shall be named in honor of 'Dr. J. A. Griffith' and shall be known as the Dr. J. A. Griffith Commemorative Bridge.'
And that the bridge on State Route 6, over Sweetwater Creek in Cobb County shall be known as the Holly Michials Memorial Bridge.

WEDNESDAY, MARCH 18, 1998

1713

And that the bridge located on Hwy 280 known as South Cobb Drive located at Concord Rd. shall be known as the Betty Porter Field Memorial Bridge.
And that portion of State Road 165 be named Mr. S. C. Cadwell in his honor.
And that the intersection 341 and Ga. Hwy 87 in Dodge County be named Heart of Ga. Armed Forces Veterans Memorial Intersection.
On the adoption of the amendment, the yeas were 29, nays 0, and the Thompson, Streat amendment was adopted.
On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the resolution by substitute was agreed to as amended.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:

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

EX 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

Langford

Y Thomas.N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Y Glanton

Oliver

Y Walker

Y Gochenour

Perdue(PRS)

On the adoption of the resolution, the yeas were 50, nays 0.

The resolution, having received the requisite constitutional majority was adopted by substitute.

The following uncontested resolutions of the Senate and House, favorably reported by the committee as listed on the Consent Calendar for Study Committee Resolutions, were put upon their adoption:

STUDY COMMITTEE RESOLUTIONS CONSENT CALENDAR
Wednesday, March 18, 1998 THIRTY-NINTH LEGISLATIVE DAY

SR 46

Senate Study Commission on Promoting Aerospace Development, Etc.create (Rules-35th)

SR 273

Senate Automobile and Motorcycle Insurance Policy Cancellation Study Committee-create (Amendment)(Rules-3rd)

1714

JOURNAL OF THE SENATE

SR 274 Senate Property Tax Study Committee-create (Amendment)(Rules-3rd)

SR 340

Senate Study Committee on Women's Health Care Issues-create (Rules43rd)

SR 543

Senate Study Committee on Creation of Office of Women's Health Within Department of Human Resources-create (Rules-43rd)

SR 566 Senate Study Committee on Cable Television-create (Rules-42nd)

SR 600

Senate Certificate of Need for Long-term Care Facilities Study Committee-create (Rules-46th)

SR 698

Senate Small Consumer Loan Industry Study Committee-create (Rules23rd)

SR 738

Advisory Committee on Interagency Collaboration in Services for Coffee County-create (Rules-19th)

HR 1000 Stroke Awareness Month; declare May, 1998; create study committee (Rules-10th) Mobley-69th
The following amendments were put upon their adoption:
SR 273:

The Senate Rules Committee offered the following amendment: Amend SR 273 by striking line 5 on page 2 and inserting in lieu thereof the following:
"shall receive the same for not more than five days unless". By striking lines 12 and 13 on page 2 and inserting in lieu thereof the following:
"1998. The committee shall stand abolished on December 31, 1998." On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted. SR 274:

The Senate Rules Committee offered the following amendment:

Amend SR 274 by striking "1997" and inserting in its place "1998" on lines 19 and 20 of page 2.

On the adoption of the amendment, the yeas were 51, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolutions as reported, was agreed to.

On the adoption of the resolutions on the Study Committee Resolutions Consent Calendar, Senator Walker of the 22nd asked unanimous consent that one roll call suffice for all of the resolutions. The consent was granted 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

WEDNESDAY, MARCH 18, 1998

1715

Y Fort

Y Kemp

Y Roberts

Y Gillis

Y Lamutt

Y Scott

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

Oliver

Y Thomas,D

Y Hill

Perdue(PRS)

Y Thomas,N

EX 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 resolutions, the yeas were 51, nays 0.

The resolutions on the Study Committee Resolutions Consent Calendar, except SR 273 and SR 274, having received the requisite constitutional majority, were adopted.

SR 273 and SR 274, having received the requisite constitutional majority, were adopted as amended.

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

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.
The House substitute was as follows:
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; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article I, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (c) and inserting in its place a new subparagraph to read as follows:
"(c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated by or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided. Lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section IX, Paragraph VI(a); or Article III, Section DC, Paragraph TV(c), except that the net proceeds after payment of such operating expenses shall be subject to Article VII, Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifically identified by the Governor in his annual

1716

JOURNAL OF THE SENATE

budget presented to the General Assembly as a separate budget category entitled 'Lottery Proceeds' and the Governor shall make specific recommendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category to educational programs and educational purposes as specified by the Gemual Assembly. Such net proceeds shall be used to support improvements and enhancements for educational programs and purposes and such net proceeds shall be used to supplement, not supplant non-lottery educational resources for educational programs and purposes. The educational programs and educational purposes for which proceeds may be so appropriated shall include only the following:

(1) Tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges or universities are operated by the board of regents or its authority, or technical schools operated by the authority of the Department of Technical and Adult Education or its successor;

(2) Pre-kindergarten programs;

(3) An educational shortfall reserve;

(4) Costs of providing to all levels of public education in this state funds for training in the use and application of computers and advanced technology including, but not limited to, the state-wide distance learning network and costs for installing, repairing and maintaining advanced instructional technology; and

(5) Capital outlay projects for educational purposes;

provided, however, that in appropriating lottery proceeds for the items listed in paragraphs (4) and (5) of this subsection, such funding shall be expended only on the affirmative vote of two-thirds of each house of the General Assembly and upon the approval of the Governor; and provided, further, that no funds shall be appropriated for the items listed in paragraphs (3), (4), and (5) of this subsection until all persons eligible for and applying for assistance as provided in paragraph (1) of this subsection have received such assistance and all approved pre-kindergarten programs provided for in paragraph (2) of this subsection have been fully funded."

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 limit the educational purposes and programs for which lottery proceeds may be appropriated and expended and to specify that HOPE scholarships and prekindergarten programs shall receive priority over an educational shortfall reserve, acquisition, maintenance and training for computers and technology for schools and capital outlay projects for educational purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

WEDNESDAY, MARCH 18, 1998

1717

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Starr of the 44th moved that the Senate disagree to the House substitute.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SR 529.
The following bill was taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act 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; to provide that certain zoning decisions shall constitute certain final legislative action; to provide for related matters; to provide for the trial of certain proceedings and actions involving zoning decisions or zoning actions, the construction of the Constitution, and the constitutionality of zoning ordinances in certain cases; to provide for proceedings and actions; to provide for the venue of such proceedings and actions; to provide for the judge who shall try such proceedings and actions and the selection, qualifications, and notification thereof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, is amended by striking Code Section 36-66-3, relating to definitions, and inserting in lieu thereof a new Code section to read as follows:
"36-66-3.
As used in this chapter, the term:
(1) 'Local government' means any county or municipality which exercises zoning power within its territorial boundaries.
(2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.1) of Code Section 36-70-2.
(3) 'Zoning" means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.
(4) 'Zoning decision' means final legislative action by a local government which results with in:

1718

JOURNAL OF THE SENATE

(A) The adoption of a zoning ordinance;
(B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;
(C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another; or
(D) The adoption of an amendment to a zoning ordinance by a municipal local government which zones property to be annexed into the municipality; or
(E) The grant of a permit relating to a special use of property.
(5) 'Zoning ordinance' means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein."
SECTION 1A.
Said chapter is further amended by adding at the end thereof a new Code Section 36-666 to read as follows:
"36-66-6.
(a) This Code section is enacted pursuant to Article IX, Section II, Paragraph IV of the Constitution of the State of Georgia and shall apply to the actions of the governing authorities of all counties and municipalities adopting plans and exercising the power of zoning pursuant to said Paragraph.
(b) When the constitutionality of any zoning ordinance is drawn into question, facially or as applied, in any proceeding which involves the construction of the Constitution of the United States or the Constitution of the State of Georgia, which is brought before a local government, and which seeks a zoning decision or zoning action as defined in Code Section 36-66-3, the aggrieved owner of the property, the applicant for a zoning decision or action, or a party adversely affected by the zoning decision may bring an action challenging such zoning decision on equitable or legal grounds in the superior court having jurisdiction of the local government.
(c) The superior court having jurisdiction of the action governed by this Code section shall be presided over by a judge of the superior court of a judicial circuit which adjoins the judicial circuit in which the court having jurisdiction over the local government is located. Such judge shall be that judge of the adjoining judicial circuit or circuits who has the most years of service as a judge of the superior court, but who resides outside the judicial circuit in which the defendant local government is situated.
(d) Upon the filing of a petition or complaint, the clerk of the superior court having jurisdiction shall immediately notify the judge described in subsection (c) of this Code section of the institution of proceedings under this Code section. If such judge is disqualified or unable to serve or refuses to serve, the clerk shall immediately notify the administrative judge of the judicial district in which that superior court is located, who shall appoint a disinterested judge of the superior court or a senior judge of the superior court residing outside of the judicial circuit in which the court having jurisdiction is located to serve in the place of such judge. The selected judge shall preside over such case as provided by law."

WEDNESDAY, MARCH 18, 1998

1719

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Ray of the 48th moved that the Senate disagree to the House substitute.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 573.

SENATE RULES CALENDAR
Wednesday, March 18, 1998 THIRTY-NINTH LEGISLATIVE DAY

HB 1576 Food; certain sales; exclude from certain definitions (SubstituteXC Aff30th) West-lOlst

HB 203 Teachers Retirement; forfeited leave; creditable service (SubstituteXRetllth) McBee-88th

(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 12, 1998.)

HB 1650 State service delivery regions; create (Substitute)(SLGO-G-47th) Coleman-142nd

HB 1088 Employees' Retirement; certain court secretaries; creditable service (Ret-53rd) Stallings-lOOth

HB 1435 Chiropractors; continuing education; scope of practice (Substitute)(H&HS-43rd) Henson-65th

HB 300

Conditioned air contractors; require evidence of valid license (Amendment)(ST&I-41st) Byrd-170th

HB 1687 Life insurance; allow premium payments from employee contributions (CAff-22nd) Maddox-72nd

HB 1448 Motor vehicle self-insurers; taxicabs; certain counties (I&L-24th) Williams-114th

HB 1164 Serious violent felony conviction; deny first offender treatment (AmendmentXJudy-12th) Walker-141st

HB 1585 Children; removal from home; preservation and reunification (Substitute)(Judy-42nd) Ragas-64th

HB 1360 Firearms; transportation in motor vehicle console or similar compartment (SubstituteXS Judy-40th) Powell-23rd

HB 1413

Certain county officials; compensation; amend provisions (Substitute)(SLGO-G-48th) Barnes-33rd

HB 1693

Torts; wrongful death; increase surviving spouse share (Judy-42nd) Hecht-97th

HB 1666 Contracts; public works; permit certain withdrawal of bid (ST&I-24th) Powell-23rd

1720

JOURNAL OF THE SENATE

HB 946 SR 766 HB 1717 HB 1202 HB 1496 HB 1364 HB 1450 HB 1621 HB 1410 HB 1603 HB 1238 HB 1304 HB 1696 HB 1747 HB 1499 HB 1274 HB 1404 HB 1186 HB 1511

Merit system; certain officers and employees; Selective Service registration (D&VA-4th) Smith-19th
Health Plans Sponsored by Associations, Multiple Employers-urge state standards (Rules-29th)
Children; deprivation by persons under certain influence (Judy-42nd) Trense-44th
Certain county offices; qualifying fees; base on minimum salary (Substitute)(SLGO-G-46th) McBee-88th
Mortgage brokers; licenses; require presence in state (B&FI-30th) Harbin-113th
Local governments; state grants; require certain form (Substitute)(SLGO-G-51st) Stancil-16th
"Home Education Week"; declare first week in February (Rules-52nd) Smith-169th
Income tax credit; certain homes with accessibility features (YA&HE5th) Jamieson-22nd
Firefighters; EMTs; vaccinations; include hepatitis C (Pub Saf-55th) Barnes-33rd
Annexation; effective date (Substitute)(SLGO-G-48th) Royal-164th
State courts; certain cities; appointment of judges pro hac vice (Judy42nd) McKinney-51st
Outdoor advertising; certain sign placement restrictions; exception (Substitute)(Trans-17th) Hudgens-24th
Liens; failure to execute notice; amendable defect (Substitute) (Judy48th) Shanahan-lOth
Highways; contracts for surveying and deed preparation; powers (Trans-33rd) Benefield-96th
Open records; law enforcement officers; exempt personal information (Amendment)(Judy-42nd) Barnes-33rd
Fair housing law; certain information not subject to disclosure (SubstituteXJudy-lst) Powell-23rd
Information Technology Policy Council; additional member (ST&I-33rd) Benefield-96th
Superior court; appeals from magistrate court; amend provisions (Judy42nd) Smith-109th
State employee; certain information provided to General Assembly; confidential (SubstituteXSLGO-G-lOth) Coleman-142nd

WEDNESDAY, MARCH 18, 1998

1721

HB 1470 County roads; designated truck routes; load limits; signs (Substitute)(Trans-33rd) Benefield-96th

HB 1551

Real estate transfer tax; increase; remit to certain fund (Amendment)(F&PU-22nd) Walker-141st

HB 251

Trespass; limitation of action; prohibit after ten years (AmendmentsXS Judy-32nd) Barnes-33rd

HB 1730 Judicial officers; certain civil actions against; attorney's fees (Substitute)(Judy-51st) Walker-Wist

HB 1633 Fishing; location owners and operators; limited liability (AmendmentXNat R-47th) McCall-90th

HB 32

Counties and municipalities; certain real property; competitive bids (Substitute)(SLGO-G-6th) Byrd-170th

HB 155 Condemnation cases; assessors; certain notice (F&PU-48th) Dobbs92nd

HB 1707 Natural Resources, Department and Board of; additional powers and duties (Nat R-48th) McCall-90th

HB 942 Elections; recall petitions; amend provisions (S Judy-56th) Holmes53rd

HB 1542 Property; certain sales by city or county employee; prohibit (Judy-30th) Snelling-99th

HR 856

Federal Crop Insurance Program; urge federal government to revise laws (Ag-35th) James-140th

HR 1187 Savannah-Chatham County; convey property (F&PU-2nd) Mueller152nd

HB 1423 State employees; filing of certain appeals (SLGO-G-lOth) Royal-164th

HB 387 Motor vehicles; joint interest; certificate of title (Trans-20th) Porter143rd

HB 408 Divorce; real property awards; filing of certain certificate (Amendment)(Judy-42nd) Barnes-33rd

Respectfully submitted, /s/ Scott of the 36th, Chairman
Senate Rules Committee
The following general bills were read the third time and put upon their passage:

HB 1576. By Representatives West of the 101st, Stallings of the 100th, Murphy of the 18th 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 an exception from the definitions of "food sales establishment" and "food ser-

1722

JOURNAL OF THE SENATE

vice establishment" for certain tax exempt organizations under certain conditions.
Senate Sponsor: Senator Roberts of the 30th.
The Senate Committee on Consumer Affairs offered the following substitute to HB 1576:
A BILL
To be entitled an Act 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 change definitions relating to food sales establishments and food service establishments; to change provisions relating to nonprofit food sales and service; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking paragraph (5) of subsection (a) of Code Section 26-2-21, relating to definitions relating to food sales establishments, and inserting in lieu thereof the following:
"(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any. other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and: or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-12;
(B) Lasts 48 120 hours or less; and
(C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted."
SECTION 2.
Said chapter is further amended by striking paragraph (1) of Code Section 26-2-370, relating to definitions relating to food service establishments, and inserting in lieu thereof the following:
"(1) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food

WEDNESDAY, MARCH 18, 1998

1723

vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called. The term 'food service establishment' shall not mean a 'food sales establishment,' as defined in Code Section 26-2-21, which does not provide seating or facilities for consumption of food on the premises. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of a fair or festival which:
(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-12;
(B) Lasts 48 120 hours or less; and
(C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted."
SECTION 3.
Said chapter is further amended by striking Article 14, relating to nonprofit food sales and food service, and inserting in lieu thereof the following:
"ARTICLE 14
26-2-390.
As used in this article, the term:
(1) 'Nonprofit food sales and food service' means the temporary sale or service of food items by an organization at an event sponsored by a county, municipality, or organization or the temporary sale of food items by an organization if such sale is sponsored by a religious, charitable, or nonprofit corporation, including but not limited to churches, schools, clubs, lodges, or other such organizations.
(2) 'Organization' means an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2.
26-2-391.
A county or municipality shall be authorized to issue permits for the operation of nonprofit food sales and food service at events sponsored by the county, municipality, or an organization. A permit shall be valid for a period of 48 120 hours or less and another permit shall not be issued to the organization holding such permit until five days have elapsed from the date of the expiration of the permit. No fees shall be charged to an organization for the issuance of any such permit by a ' county or municipality.
26-2-392.
(a) This Code section applies to food items prepared and offered for sale by organizations at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited.

1724

JOURNAL OF THE SENATE

(b) At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and overhead leakage or overhead drippage from condensation. The temperature of potentially hazardous food shall be either 45 degrees Fahrenheit or below or 140 degrees Fahrenheit or above at all times.
(c) The preparation of the following potentially hazardous foods is prohibited unless the organization has an established hazard control program:
(1) Pastries filled with cream or synthetic cream;
(2) Custards;
(3) Products similar to the products listed in paragraphs (1) and (2) of this subsection; or
(4) Salads containing meat, poultry, eggs, or fish.
(d) Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients. Suitable utensils must be provided to eliminate hand contact with the cooked product. All utensils and equipment shall be cleaned periodically as necessary to prevent a buildup of food.
(e) Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of container and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event.
(f) A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of, at least, warm running water and individual paper towels.
(g) This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities.
(h) County boards of health are authorized to provide staff assistance to organizations at events covered under this article for the purpose of providing food safety instruction.
26-2-393.
(a) The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article; provided, however, no adverse action against an organization may be taken by a county or municipality or any agent of a county or municipality, including a denial of a permit or revocation of a permit, or citation for violation of this article, without the written approval of such action by the district health director.
(b) Any organization which is aggrieved or adversely affected by any final order or action of a county board of health or district health director may have review thereof by appeal to the commissioner of human resources or his or her designee. Appeals to the commissioner shall be heard after not more than eight hours."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

WEDNESDAY, MARCH 18, 1998

1725

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:

Abernathy

Y Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Bowen

Y Hill

Y Broun, 46th

EX 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

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 Y Thompson Y Turner Y Tysinger Y Walker

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

The following general bill of the House, having been read the third time and final action suspended on March 12, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

HB 203. By Representatives McBee of the 88th, Cummings of the 27th, Shanahan of the 10th 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.
Senate Sponsor: Senator Ragan of the llth.
The substitute offered by Senator Ragan of the llth adopted on March 12, as it appears in the Journal of March 12, was automatically reconsidered.
On the adoption of the substitute, the yeas were 34, nays 0, and the Ragan substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Abernathy Y Balfour Y Blitch Y Boshears

Y Bowen Y Broun, 46th
Brown, 26th Brush

Y Burton Y Cagle Y Cheeks Y Clay

1726

JOURNAL OF THE SENATE

Y Crotts

Y Johnson,D

Y Dean

Y Johnson,E

Y Egan

Y Kemp

Y Fort

Y Lamutt

Y Gillis

Y Land

Y Glanton

Y Langford

Y Gochenour

Y Madden

Y Griffin

Y Marable

Guhl

Y Middleton

Y Harbison

Oliver

Y Henson

Perdue(PRS)

Y Hill

Y Price,R

EX Hooks

Y Price,T

Y Muggins

Y Ragan

Y James

Y Ralston

On the passage of the bill, the yeas were 50, nays 0.

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.

The following general bills were read the third time and put upon their passage:

HB 1650. By Representatives Coleman of the 142nd, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to provide for the creation of state service delivery regions.
Senate Sponsor: Senator Madden of the 47th.
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 1650:

A BILL
To be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to provide for the creation of state service delivery regions; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, is amended by adding at the end thereof a new Code Section 50-4-7 to read as follows:
"50-4-7.
(a) For the purpose of delivering state services to local units of government and citizens and for the purpose of establishing state agency regional boundaries, there are created 12 state service delivery regions as follows:
(1) State Service Delivery Region 1 shall be composed of Bartow, Catoosa, Chattooga, Dade, Fannin, Floyd, Gilmer, Gordon, Haralson, Murray, Paulding, Pickens, Polk, Walker, and Whitfield counties;

WEDNESDAY, MARCH 18, 1998

1727

(2) State Service Delivery Region 2 shall be composed of Banks, Dawson, Forsyth, Franklin, Habersham, Hall, Hart, Lumpkin, Rabun, Stephens, Towns, Union, and White counties;

(3) State Service Delivery Region 3 shall be composed of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry, and Rockdale counties;

(4) State Service Delivery Region 4 shall be composed of Butts, Carroll, Coweta, Heard, Lamar, Meriwether, Pike, Spalding, Troup, and Upson counties;

(5) State Service Delivery Region 5 shall be composed of Barrow, Clarke, Elbert, Greene, Jackson, Jasper, Madison, Morgan, Newton, Oconee, Oglethorpe, and Walton counties;

(6) State Service Delivery Region 6 shall be composed of Baldwin, Bibb, Crawford, Houston, Jones, Monroe, Peach, Pulaski, Putnam, Twiggs, and Wilkinson counties;

(7) State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington, and Wilkes counties;

(8) State Service Delivery Region 8 shall be composed of Chattahoochee, Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, and Webster counties;

(9) State Service Delivery Region 9 shall be composed of Appling, Bleckley, Candler, Dodge, Emanuel, Jeff Davis, Johnson, Laurens, Montgomery, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox counties;

(10) State Service Delivery Region 10 shall be composed of Baker, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth counties;

(11) State Service Delivery Region 11 shall be composed of Atkinson, Bacon, Ben Hill, Berrien, Brantley, Brooks, Charlton, Clinch, Coffee, Cook, Echols, Irwin, Lanier, Lowndes, Pierce, Tift, Turner, and Ware counties; and

(12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Evans, Glynn, Liberty, Long, Mclntosh, Screven, and Tattnall counties.

(b) This Code section shall not apply to or affect health districts or mental health districts."

SECTION 2.

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

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

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

Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks N Clay

Y Crotts Y Dean Y Egan Y Fort Y Gillis

1728

JOURNAL OF THE SENATE

N Glanton

N Lamutt

N Roberts

N Gochenour

Y Land

Y Scott

Y Griffin

Langford

Y Starr

N Guhl

Y Madden

Y Stokes

Y Harbison

Y Marable

Y Streat

Y Henson

Y Middleton

N Tanksley

Y Hill

Oliver

Y Taylor

EX Hooks

Perdue(PRS)

N Thomas,D

Y Huggins

Y Price.R

Y Thomas.N

James

N Price,T

N Thompson

Y Johnson,D

Y Ragan

Y Turner

Y Johnson,E

N Ralston

Y Tysinger

Y Kemp

Ray

Walker

On the passage of the bill, the yeas were 37, nays 11.

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

HB 1088. By Representatives Stallings of the 100th and West of the 101st:

A bill to amend Code Section 47-2-264 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by secretaries of superior court judges and district attorneys, 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:

Y Abernathy

Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

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 49, 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
Tysinger Walker

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

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

WEDNESDAY, MARCH 18, 1998

1729

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 House substitute was as follows:
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:
"CHAPTER 17 2-17-1.
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:
'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.

1730

JOURNAL OF THE SENATE

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 order 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 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.

WEDNESDAY, MARCH 18, 1998

1731

(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 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

1732

JOURNAL OF THE SENATE

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.
(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;

WEDNESDAY, MARCH 18, 1998

1733

(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.
(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.

1734

JOURNAL OF THE SENATE

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 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

WEDNESDAY, MARCH 18, 1998

1735

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 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

1736

JOURNAL OF THE SENATE

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 Food 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 TV, 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.
(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

WEDNESDAY, MARCH 18, 1998

1737

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.
(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 repre-

1738

JOURNAL OF THE SENATE

sentative 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.
(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

WEDNESDAY, MARCH 18, 1998

1739

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.
(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

1740

JOURNAL OF THE SENATE

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
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 com-

WEDNESDAY, MARCH 18, 1998

1741

parting 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 representing the school food service profession 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.
(f) 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.

1742

JOURNAL OF THE SENATE

(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;
(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.
Senator Griffin of the 25th moved that the Senate agree to the House substitute.

WEDNESDAY, MARCH 18, 1998

1743

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

Y Abernathy

Y Griffin

Y Price,R

Balfour

Y Guhl

N Price,T

Y Blitch

Y Harbison

Y Ragan

Y Boshears

Y Henson

Y Ralston

Y Bowen

Y Hill

Y Ray

Y Broun, 46th

EX Hooks

Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

Y Stokes

Y Cagle

N Johnson,E

Streat

Y Cheeks

Y Kemp

N Tanksley

Clay

N Lamutt

Y Taylor

Y Crotts

N Land

Y Thomas.D

Y Dean

Langford

Y Thomas ,N

N Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

N Gochenour

Perdue(PRS)

On the motion, the yeas were 40, nays 7; the motion prevailed, and the Senate agreed

to the House substitute to SB 420.

Senator Abernathy of the 38th introduced Malika Abdur-Rahman, commended by SR 765, adopted previously.

Senator Cheeks of the 23rd moved that Senator Griffin of the 25th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Griffin was excused.
Senator Guhl of the 45th moved that Senator Crotts of the 17th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Crotts was excused.
The President resumed the Chair.
The Calendar was resumed.

HB 1435. By Representatives Henson of the 65th, Mueller of the 152nd, Jones of the 71st and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to continuing education and the scope of practice of chiropractic.
Senate Sponsor: Senator Stokes of the 43rd.
The Senate Health and Human Services Committee offered the following substitute to HB 1435:

A BILL
To be entitled an Act to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to continuing education; to provide for an effective date; to repeal conflicting laws; and for other purposes.

1744

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking Code Section 43-9-11, relating to renewal of licenses, and inserting in its place the following:
"43-9-11.

Every person who receives or has received a license to practice chiropractic from the board shall pay the board on or before the renewal date a fee in an amount established by the board, payment of which shall renew his or her license to practice chiropractic for the ensuing two years, provided that the board has satisfactory evidence that the applicant for renewal has completed a minimum of 12 20 hours of continuing education per year as approved by the board. All chiropractic colleges teaching an approved course of instruction shall be classified as approved."
SECTION 2.
This Act shall become effective on January 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator James of the 35th offered the following amendment:
Amend the committee substitute to HB 1435 by inserting on line 3 of page 1 after "education" the following: "to provide for the certification of practitioners of auricular detoxification for substance abuse;" by inserting between lines 23 and 24 of page 1 the following:
Section 2
Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding the following:
'43-34-60.

No person, other than a physician, shall practice auricular detoxification for substance abuse without certification issued by the Composite State Board of Medical Examiners.'"
By redesignating Sections 2 and 3 as Sections 3 and 4.
Senator Thomas of the 54th requested a ruling by the Chair as to the germaneness of the James amendment.
The President ruled the James amendment not germane.
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:

Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th

Y Brush Y Burton
Cagle Y Cheeks
Clay EX Crotts Y Dean

Y Egan Y Fort Y Gillis Y Glanton Y Gochenour EX Griffin Y Guhl

WEDNESDAY, MARCH 18, 1998

1745

Y Harbison

Y Madden

Y Henson

Y Marable

Y Hill

Y Middleton

EX Hooks

Y Oliver

Y Huggins

Y 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 50, nays 0.

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 Burton of the 5th moved that Senator Hill of the 4th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Hill was excused.
The Calendar was resumed.

HB 300. By Representatives Byrd of the 170th and Lee of the 94th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Annotated, relating to licensing required for electrical, plumbing, or conditioned air contracting and businesses conducted by partnerships, limited liability companies, and corporations, so as to regulate certain sales or the furnishing of major components of a conditioned air system.
Senate Sponsor: Senator Tysinger of the 41st.

The Senate Committee on Science, Technology and Industry offered the following amendment:
Amend HB 300 by striking lines 6 through 11 of page 4 and inserting in lieu thereof the following:
"(D) If any money remains, to the general funds of the municipality where the violation occurred or to the county if the violation occurred in the unincorporated area of a county.".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the 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:

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 EX Crotts Y Dean

Y Egan Y Fort Y Gillis Y Glanton Y Gochenour EX Griffin N Guhl

1746

JOURNAL OF THE SENATE

Y Harbison

Y Madden

Y Henson

Y Marable

EX Hill

Middleton

EX Hooks

Y Oliver

Y Huggins

Y 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 48, nays 1.

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.

HB 1687. By Representatives Maddox of the 72nd, Ragas of the 64th and Teague of the 58th:

A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group life insurance policy requirements generally, so as to authorize the payment of group life insurance premiums wholly from the contributions of employees.

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:

Abernathy

EX Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

EX Hill

Y Broun, 46th

EX 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

Oliver

Y Gochenour

Perdue

On the passage of the bill, the yeas were 49, nays 1.

N 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.

The following bills were taken up to consider House action thereto:

WEDNESDAY, MARCH 18, 1998

1747

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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide for the filling of vacancies on child abuse protocol committees; to authorize the chief superior court judge of a circuit to order certain agencies to participate on child abuse protocol committees; to provide that failure to comply with such an order shall be cause for punishment as for contempt of court; to provide for filing the child abuse protocol with the State-wide Child Abuse Prevention Panel; to provide for the child abuse protocol committee to file certain reports with the State-wide Child Abuse Prevention Panel and the chief superior court judge of the circuit; to change the procedures relating to investigations and reports after the death of a child; to provide for the duties of certain officers, child abuse protocol committees, and the child fatality review subcommittees of such committees; to provide for contents of reports filed by child fatality review subcommittees; to change the composition of the State-wide Child Abuse Prevention Panel; to change the provisions relating to meetings and proceedings of child abuse protocol committees and subcommittees; to change the provisions relating to use of information and records of the State-wide Child Abuse Prevention Panel and child abuse protocol committees and subcommittees; to provide that information acquired by and documents, records, and reports of the panel and child abuse protocol committees and subcommittees applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that certain child abuse and deprivation records and information in the central child abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended by striking Code Section 19-15-2, relating to the establishment of child abuse protocol committees, and inserting in lieu thereof a new Code Section 19-15-2 to read as follows:
"19-15-2.
(a) Each county shall be required to establish a child abuse protocol as provided in this Code section.

1748

JOURNAL OF THE SENATE

(b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting and the chief superior court judge shall appoint persons to fill any vacancies on the committee. Thus established, the committee shall thereafter elect a chairperson from its membership.
(c)(l) Each of the following agencies of the county shall designate a representative to serve on the committee:
(A) The office of the sheriff;
(B) The county department of family and children services;
(C) The office of the district attorney;
(D) The juvenile court;
(E) The magistrate court;
(F) The county board of education;
(G) The county mental health organization;
(H) The office of the chief of police of a county in counties which have a county police department;
(I) The office of the chief of police of the largest municipality in the county;
(J) The county board of health, which shall designate a physician to serve on the committee; and
(K) The office of the coroner or county medical examiner.
(2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention.
(3) If any designated agency fails to carry out its duties relating to participation on the committee, the chief superior court judge of the circuit may issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) Each committee shall elect or appoint a chairperson who shall convene the first meeting and be responsible for ensuring that written protocol procedures are followed by all agencies. That person can be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. The child abuse protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee.
(e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources and the State-wide Child Abuse Prevention Panel, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child.
(f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all

WEDNESDAY, MARCH 18, 1998

1749

agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child, including counseling.
(g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and shall meet at least semiannually for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same.
(h) Each committee shall adopt or amend its written child abuse protocol no later than December 1, 1993, to specify the circumstances under which law enforcement officers will and will not be required to accompany child abuse investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany child abuse investigators, the committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each committee shall establish joint work efforts between the law enforcement and child abuse investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken within the county to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol will be further amended to specify procedures to be adopted by the committee to ensure that written protocol procedures are followed. The committee shall meet at least semi-annually and shall issue a report no later than the first day of July in 1994 and no later than the first day of July each year thereafter. That report shall evaluate the extent to which child abuse investigations during the 12 months prior to the report have complied with the child abuse protocols of the committee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successful. The report shall be transmitted to the county governing authority and, the fall term grand jury of the judicial circuit, the State-wide Child Abuse Prevention Panel, and the chief superior court judge.
(i) By July 1, 1994, members of each committee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Resources shall provide such training."
SECTION 2.
Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 19-15-3, relating to the death of a child and reports and investigations, and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
"(a)(l) When a county medical examiner or coroner receives a report regarding the death of any child, that medical examiner or coroner shall, within 48 hours of the death, notify the chairperson of the child fatality review subcommittee of the county in which such child resided at the time of death. It shall be the duty of any law enforcement officer or other person having knowledge of the death of a child to immediately notify the coroner or county medical examiner of the county wherein the body is found or death occurs. If the death occurred outside the child's county of residence, it shall be the duty of the medical examiner or coroner in the county where the child died to notify the medical examiner or coroner in the county of the child's residence.
(2) When a medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investigation pursuant to Code Section 45-16-24, that medical examiner at the same time

1750

JOURNAL OF THE SENATE

shall also transmit a copy of that report to the committee of the county in which such child resided at the time of death.
(b) The chairperson for each committee shall establish a subcommittee composed of members of the committee to include, but not be limited to, the county medical examiner or coroner; the district attorney or his or her designee; a county department of family and children services representative; a local law enforcement representative; a juvenile court representative; a county board of health representative; and other members as deemed necessary. The subcommittee shall be the child fatality review subcommittee for that committee. When a cummiUee coroner or county medical examiner receives a report pursuant to subsection (a) of this Code section, the chaiiyeiboii uf the
lyUiiii nit Let;Diiallaamgii timt I'c^juit tutlicCliililliatcilitj'ic vie WctuuCuiiiiiilttccOrtlial
committee that coroner or county medical examiner shall review the findings regarding the cause and manner of the child's death. If the death does not meet the criteria for review pursuant to Code Section 45-16-24, the coroner or county medical examiner shall sign a form stating that the death does not meet the criteria for review and forward the findings of the coroner or county medical examiner and such form to the chairperson of the child fatality review subcommittee within seven days of the child's death. If such chairperson agrees that the child's death does not meet the criteria for review, the chairperson shall sign a form stating that the death does not meet the criteria for review and shall forward the findings and form to the State-wide Child Abuse Prevention Panel. If the chairperson disagrees with the coroner or county medical examiner and believes that the child's death should be reviewed, the chairperson shall follow the procedures for deaths to be reviewed. If the death meets the criteria for review, the coroner or county medical examiner shall forward the findings of such office regarding the death of the child in a report to the chairperson of the child fatality review subcommittee for review within seven days of the child's death. That subcommittee shall meet and review the report within ten 30 days after receipt and conduct its own investigation into the death of the child named in that report. The subcommittee may obtain from any superior court judge of the county for which the committee was created a subpoena to compel the production of documents or attendance of witnesses when that judge has made a finding that such documents or witnesses are necessary for the subcommittee's investigation; provided, however, that this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 19-7-5. The subcommittee shall complete the investigation and prepare its own report regarding the death of the child named in the medical examiner's report received by the committee. The subcommittee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the subcommittee held after the committee received the coroner's or medical examiner's report. The subcommittee's report shall:
(1) State the circumstances leading up to death and cause of death;
(2) Detail any agency involvement prior to death, including the beginning and ending dates and kinds of services delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities;
(3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death;
(4) State whether court intervention had ever been sought;
(5) Conclude whether services or agency activities delivered prior to death were appropriate and whether the child's death could have been prevented; and

WEDNESDAY, MARCH 18, 1998

1751

(6) Make recommendations for possible prevention of future deaths of similar incidents for children who are at risk for such deaths:; and
(7) Include other findings as requested by the State-wide Child Abuse Prevention Panel.
(c) The subcommittee shall transmit a copy of its report within 15 days following its completion to the Ciiniirial Justice CuuiJhiatiiig Council and tu the panel State-wide Child Abuse Prevention Panel. The subcommittee shall also transmit a copy of its report within 15 days following its completion to the district attorney of the county for which the committee was created if the report concluded that the child named therein died as a result of:
(1) Sudden Infant Death Syndrome when no autopsy was performed to confirm the diagnosis;
(2) Accidental death when it appears that the death could have been prevented through intervention or supervision;
(3) Any sexually transmitted disease;
(4) Medical causes which could have been prevented through intervention by an agency or by seeking medical treatment;
(5) Suicide of a child in custody or known to the Department of Human Resources or when the finding of suicide is suspicious;
(6) Suspected or confirmed child abuse;
(7) Trauma to the head or body; or
(8) Homicide."
SECTION 3.
Said chapter is further amended by striking paragraphs (11) and (12) of subsection (a) of Code Section 19-15-4, relating to the State-wide Child Abuse Prevention Panel, and inserting in lieu thereof the following:
"(11) A local law enforcement official appointed by the Governor; and
(12) A superior court judge appointed by the Governor:;
(13) A coroner appointed by the Governor; and
(14) The director of the Division of Public Health of the Department of Human Resources."
SECTION 4.
Said chapter is further amended by adding at the end of Code Section 19-15-6, relating to the use of information and records by the State-wide Child Abuse Prevention Panel and child abuse protocol committees and subcommittees, a new subsection (h) to read as follows:
"(h) Notwithstanding any other provisions of law, information acquired by and documents, records, and reports of the panel and child abuse protocol committees and subcommittees applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."
SECTION 5.
Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end of Code Section

1752

JOURNAL OF THE SENATE

49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records, a new subsection (e) to read as follows:
"(e) Notwithstanding any other provisions of law, child abuse and deprivation records applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."
SECTION 6.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-5-186, relating to confidentiality of information in the central child abuse registry, and inserting in lieu thereof a new subsection (b) to read as follows:
"(bXl) Information obtained from the abuse registry may not be made a part of any record which is open to the public except as provided in paragraph (2) of this subsection and except that a district attorney may use in any court proceeding that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse if such information is otherwise admissible.
(2) Notwithstanding any other provisions of law, information in the abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent which information relates to the child while in the custody of the state department or agency or foster parent whose custody the child was in at the time of the child's death shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senator Land of the 16th moved that the Senate agree to the House substitute.
On the motion, a roll call was taken, and the vote was a follows:

Abernathy

EX 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

EX Hooks

Y Roberts

Y Brown, 26th

Y Huggins

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

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

Perdue

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 473.

WEDNESDAY, MARCH 18, 1998

1753

SB 693. By Senators Thompson of the 33rd and Dean of the 31st:
A bill to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to authorize the Department of Transportation to acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County; to provide for self-sufficient operation; to authorize the department to delegate its functions and to contract in other ways.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, so as to authorize the Department of Transportation to acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County; to provide for self-sufficient operation; to authorize the department to delegate its functions and to contract in other ways; to provide for correlation with other laws; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
SECTION 1.
Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation, is amended by adding after Code Section 32-2-4 a new Code Section 32-2-4.1 to read as follows:
"32-2-4.1.
(a) Notwithstanding any other provision of law to the contrary, the department may acquire, construct, operate, and maintain a demonstration safety rest area and information center in Cobb County. For purposes of this Code section, the safety rest area and information center shall be known as the 'Gateway Center,' but the State Transportation Board may name or designate the center in its discretion. In addition to the powers provided in this Code section, cumulatively, the department shall have the same powers with respect to Gateway Center which the department otherwise enjoys with respect to safety rest areas, information centers, and welcome centers.
(b) The purpose of Gateway Center shall be to act as a 'gateway' to all of Georgia. Toward that end it shall provide information, goods, and services which assist road travelers and tell them about Georgia. The center may have any facility and provide any service which furthers those purposes, including by way of illustration, but not limitation:
(1) Playground equipment;
(2) Recreation areas;
(3) Indoor and outdoor eating areas;
(4) Restaurant, snack bar, and other facilities for purveying food and beverage;
(5) Vending machines;
(6) Gift, novelty, and souvenir shops;
(7) Advertising;
(8) Information kiosks;
(9) Multimedia displays;

1754

JOURNAL OF THE SENATE

(10) Communication services, such as computer Internet connections;
(11) Parking; and
(12) Markets.
The prices charged for any service or product shall approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise.
(c) The department may establish a business plan for self-sufficient operation of Gateway Center and may retain for its improvement, maintenance, and operation all miscellaneous funds generated by its operation. Funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury. Further, nothing in this Code section may be construed to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury. Except with respect to Code Section 45-12-92 concerning miscellaneous funds, the department must also comply with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' in regard to the fiscal operation of the center.
(d) By competitive process or negotiation, in its discretion, the department may contract, rent, license, allow, delegate, or otherwise act to cause private persons, public instrumentalities, and entities and units of state and local government to conduct the activities of the center. The department may accept monetary payments in return for rights and privileges, and it may also accept in-kind consideration, which supports the purposes of this Code section. The agreements under this Code section may allow the second parties to produce and retain revenue and may have a term not exceeding 50 years, whether the party is public or private. However, in no event may the department abrogate its ultimate responsibility or convey the fee, an estate for years, or any other interest in the real property of Gateway Center for the purposes of this Code section.
(e) Gateway Center may be a 'welcome center, tourist center, and safety rest area' for purposes of Code Section 49-9-42, and the preference given by Code Sections 49-9-41 and 49-9-42 shall not apply to or affect Gateway Center.
(f) Gateway Center shall be a 'safety rest area and welcome center' for purposes of Code Section 35-2-32, and the Uniform Division of the Department of Public Safety may have jurisdiction to patrol Gateway Center for the purposes stated in that Code section.
(g) The department may pay the costs of Gateway Center from any lawful fund source, if it can comply with requirements of the fund source and this Code section. Possible sources may include, without limitation, miscellaneous funds from operation, gift, appropriation, proceeds of general obligation debt, funds of cooperating local governments and authorities, and grants by the United States or any agency or instrumentality thereof."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute.
On the motion, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 18, 1998

1755

Y Abernathy

EX Griffin

Y Price,R

Y 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

EX Hooks

Y Roberts

Y Brown, 26th

Y Huggins

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

Perdue

On the motion, the yeas were 49, nays 0; the motion prevailed and the Senate agreed

to the House substitute to SB 693.

The Calendar was resumed.

HB 1448. By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.
Senate Sponsor: Senator Brush of the 24th.
Senators Thompson of the 33rd and Hill of the 4th offered the following amendment:
Amend HB 1448 by adding on line 20, of page 1, a sentence to read, "A passenger vehicle shall be defined as any vehicle carrying 10 passengers or less."
Senator Cagle of the 49th requested a ruling by the Chair on the germaneness of the Thompson, Hill amendment.
The President stated that the germaneness of the amendment would be the decision of the Senate.
On the adoption of the amendment, the President ordered a roll call and the vote was as follows:

Y Abernathy Y Balfour N Blitch N Boshears N Bowen N Broun, 46th
Brown, 26th Y Brush N Burton

N Cagle Y Cheeks Y Clay N Crotts N Dean
Egan Y Fort N Gillis

Y Glanton N Gochenour EX Griffin Y Guhl N Harbison
Henson Y Hill EX Hooks Y Huggins

1756

JOURNAL OF THE SENATE

Y James

Y Oliver

Y Stokes

Y Johnson,D

Perdue

N Streat

Y Johnson,E

N Price,R

Y Tanksley

Y Kemp

N Price,T

Taylor

Y Lamutt

Y Ragan

Y Thomas.D

N Land

N Ralston

N Thomas,N

Langford

Y Ray

Y Thompson

Y Madden

Y Roberts

N Turner

N Marable

Y Scott

N Tysinger

Y Middleton

Y Starr

Walker

On the adoption of the amendment, the yeas were 27, nays 20, and the Thompson,

Hill amendment was adopted.

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

Y Abernathy

Y Griffin

Y Balfour

Y Guhl

Y Blitch

N Harbison

Y Boshears

Henson

N Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Huggins

Y Brush

Y James

Y Burton

Y Johnson,D

N Cagle

Y Johnson,E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts

N Land

N Dean

Y Langford

Egan

Y Madden

Y Fort

N Marable

N Gillis

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

Y Perdue

On the passage of the bill, the yeas were 39, nays 8.

Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott
Starr Stokes Y Streat Y Tanksley Taylor Thomas,D Y Thomas,N Y Thompson N Turner Y Tysinger Walker

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 766. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
The Calendar was resumed.

WEDNESDAY, MARCH 18, 1998

1757

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: Senator 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:
"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;

1758

JOURNAL OF THE SENATE

(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;
(18) Robbery, as defined 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 Land of the 16th asked unanimous consent that his amendment be withdrawn. The consent was granted and the amendment was withdrawn.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows;

Y Abernathy Y Balfour Y Blitch

Y Boshears Y Bowen Y Broun, 46th

Y Brown, 26th Y Brush Y Burton

WEDNESDAY, MARCH 18, 1998

1759

Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin
Guhl Y Harbison
Henson Y Hill EX 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 Y Perdue Y Price,R Y Price.T Y Ragan

On the passage of the bill, the yeas were 51, nays 0.

Y Ralston Y Ray Y Roberts Y Scott Y 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.

HB 1585. By Representatives Ragas of the 64th, Martin of the 47th and Mobley of the 69th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to change provisions relating to court orders removing a child from home and family preservation and reunification efforts.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Committee on Judiciary offered the following substitute to HB 1585:

A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to change provisions relating to court orders removing a child from home and family preservation and reunification efforts; to provide a description of circumstances when such efforts are not required; to provide for permanency plans, hearings, and orders; to provide that the safety of the child is paramount; to provide for reporting steps to be taken to find an adoptive family, relative, or guardian; to change a provision relating to the time period that certain disposition orders are effective; to provide for notice and an opportunity to be heard for foster parents, preadoptive parents, and relatives; to provide for circumstances when the division shall seek termination of the parent's rights; to provide for exceptions; to provide for the contents of a permanency plan; to provide for procedural safeguards; to provide an effective date; to repeal conflicting laws; and for other purposes.

1760

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended by striking in their entirety subsections (b), (d), (f), (g), (h), (i), (j), (k), (1), (m), (n), and (o) of Code Section 15-11-41, relating to orders of disposition, determination regarding reunification of family, and supplemental orders, and inserting in lieu thereof the following:
"(b) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child. The court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources and any other appropriate agencies to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from that child's home, and to make it possible for the child to return safely to the child's home. Such findings shall also be made at every subsequent review of the court's order under this chapter.
(1) In determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child's health and safety shall be the paramount concern;
(2) Except as provided in paragraph (4) of this subsection, reasonable efforts shall be made to preserve and reunify families:
(A) Prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and
(B) To make it possible for a child to return safely to the child's home;
(3) If continuation of reasonable efforts of the type described in paragraph (2) of this subsection is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child;
(4) Reasonable efforts of the type described in paragraph (2) of this subsection shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that:
(A) The parent has subjected the child to aggravated circumstances which may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse;
(B) The parent has:
(i) Committed murder of another child of the parent;
(ii) Committed voluntary manslaughter of another child of the parent;
(iii) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent; or
(iv) Committed a felony assault that results in serious bodily injury to the child or another child of the parent; or
(C) The parental rights of the parent to a sibling have been terminated involuntarily;

WEDNESDAY, MARCH 18, 1998

1761

(5) If reasonable efforts of the type described in paragraph (2) of this subsection are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with paragraph (4) of this subsection:
(A) A permanency hearing shall be held for the child within 30 days after such determination; and
(B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child; and
(6) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in paragraph (2) of this subsection."
"(d) If the report contains a plan for reunification services, such plan if adopted by the court shall be in effect until modification by the court. The plan shall address each reason requiring removal and shall contain at least the following:
(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and shall also include a description of the services offered and the services provided to prevent removal of the child from the home;
(2) A discussion of how the plan is designed to achieve a placement in a safe setting that is the least restrictive, most family-like, and most appropriate setting available and in close proximity to the home of the parents, consistent with the best interests and special needs of the child;
(3) A clear description of the specific actions to be taken by the parents and the specific services to be provided by the Division of Family and Children Services of the Department of Human Resources or other appropriate agencies in order to bring about the identified changes that must be made in order for the child to be safely returned home; provided, however, that all services and actions required of the parents which are not directly related to the circumstances necessitating separation cannot be made conditions of the return of the child without further court review;
(4) Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose of the reunification plan;
(5) The person within the Division of Family and Children Services of the Department of Human Resources or other agency which is directly responsible for ensuring that the plan is implemented; and
(6) Consideration of the advisability of a reasonable visitation schedule which allows the parents to maintain meaningful contact with their children through personal visits, telephone calls, and letters."
"(f) If the report submitted to the court does not contain a plan for reunification services, upon proper notice being provided to the parents, the court shall, no later than 30 days following the filing of the report, hold a permanency hearing to review the report and the determination that a plan for reunification services is not appropriate.
(g) When a recommendation is made that reunification services are not appropriate and should not be allowed, the report shall address each reason requiring removal and shall contain at least the following:

1762

JOURNAL OF THE SENATE

(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately and safely protected at home and the harm which may occur if the child remains in the home and a description of the services offered and the services provided to prevent removal of the child from the home; and
(2) A clear statement describing all of the reasons supporting a finding that reasonable efforts to reunify a child with the child's family will be detrimental to the child, and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-11-81 or paragraph 4 of subsection (b) of this Code section.
(h) At the permanency hearing held for the purpose of reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the representative of the Division of Family and Children Services shall notify the court whether and when it intends to proceed with termination of parental rights at that time. If the Division of Family and Children Services indicates that it does not intend to petition for the termination of parental rights, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced.
(i) When reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the court shall determine by clear and convincing evidence whether reasonable efforts to reunify a child with his or her family will be detrimental to the child and that reunification services, therefore, should not be provided or should be terminated. There shall be a presumption that reunification services should not be provided if the court finds by clear and convincing evidence that:
(1) The parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family;
(2) A child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions; or
(3) Any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section IS-ll-Slr; or
(4) Any of the circumstances set out in paragraph (4) of subsection (b) of this Code section exist, making it unnecessary to provide reasonable efforts to reunify.
(j) Whenever the permanency plan is adoption or placement in another permanent home, the report submitted to the court shall document the steps to be taken by the Division of Family and Children Services of the Department of Human Resources to find an adoptive family or other permanent living arrangement for the child; to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, such documentation shall include child specific recruitment efforts such as the use of state, regional, and national adoption exchanges including electronic exchange systems.
<j)k Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date uf uiiginal placement with the department the child is considered to have

WEDNESDAY, MARCH 18, 1998

1763

entered foster care or until sooner terminated by the court. For the purposes of this subsection, the date the child is considered to have entered foster care shall be the date of the first judicial finding that the child has been subjected to child abuse or neglect, or the date that is 60 days after the date on which the child is removed from the home, whichever is earlier. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether the such division intends to proceed with the termination of parental rights at that time. If the such division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of the depai tmuiit such division, along with the depaitmeiit's such division's proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. Following such initial review, additional periodic reviews shall be held at six-month intervals. The foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall be provided with notice of and an opportunity to be heard in any review or hearing to be held with respect to the child, except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard.
ffc)l If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. The judge's supplemental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:
(1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions;
(2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or
(3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the department to devise another plan within available resources. The new plan must be sub-

1764

JOURNAL OF THE SENATE

mitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties.
In the event that the citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the depai Imeiit Division of Family and Children Services of the Department of Human Resources, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has been appointed when the citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced.
(m) In the event that a child has been in foster care under the responsibility of the Division of Family and Children Services of the Department of Human Resources for 15 of the most recent 22 months, or, if the court has determined a child to be an abandoned infant, as set forth in subsection (b) of Code Section 15-11-81, or has made a determination that the parent has committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent, or committed felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the department shall file a petition to terminate the parental rights of the child's parents or, if such a petition has been filed by another party, seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless, at the option of the Division of Family and Children Services of the Department of Human Resources, the child is being cared for by a relative; the case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of the child; or the Division of Family and Children Services of the Department of Human Resources has not provided to the family of the child, consistent with the specific time frames for the accomplishment of the case plan goals, such services deemed necessary for the safe return of the child to the child's home.
ffl(n) The court which made the order may extend its duration for not more than 12 months if:
(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order, which hearing shall, after the making of appropriate findings of fact, determine the futuie
status OlCITC tliiluincluding,but nut liiiiilcuLu, wlictlicitlicululusliuulube ic-
Lui ncu to Llic jjaieiil OT ^ien cuts, sliuuluDG uuuLiiiucu111 lustd I^GLIV TOT 3 spcCilieu
jjciiuu, sliuulu Jjc ^jlcrtCt^u lui auufjtiun, OT sliuulu, UcCciustJul tlic Cliilu s s^K^Cial iiccus
ui wncuiiisLcuiCcs, ut; ^uiiLuiut^u 111 lusLci u<iic uii ci ^jci'iiiiiit;iil> ui luii^-Lci'ui Ucxsis per-
manency plan for the child. Such a permanency plan shall state whether and, if applicable, when the child shall be returned to the parent or referred for termination of parental rights and placed for adoption or referred for legal guardianship. In cases where the Division of Family and Children Services of the Department of Human Resources has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights, be placed for adoption, or be placed with a fit and

WEDNESDAY, MARCH 18, 1998

1765

willing relative or with a legal guardian, the permanency plan shall state that the child shall be placed in another planned permanent living arrangement, nnd The permanency plan shall also state whether reunification services, if in effect, should be continued;. With respect to a child placed out of state, procedural safeguards shall be applied as to whether the out-of-state placement continues to be appropriate and in the best interest of the child, and, in the case of a child who has attained age 16, the services needed to assist the child to make a transition from foster care to independent living, and piuceduial Procedural safeguards shall also be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;, including foster parents, if any, of a child and any preadoptive parent or relative providing care for the child except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard; and
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended.
frrr)(o) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:
(1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and
(4) The extension does not exceed two years from the expiration of the prior order.
frr)(p) Except as provided in subsection (a) of this Code section, the court may terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.
(tr)(q) Unless otherwise provided by law, when the child reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control."
SECTION 2.
This Act shall become effective on July 1, 1998.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

1766

JOURNAL OF THE SENATE

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

Y Bowen

Y Hill

Y Broun, 46th

EX 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

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

On the passage of the bill, the yeas were 50, nays 0.

Y Price,R Y Price.T
Ragan Ralston Ray Roberts Scott Y Starr Y Stokes Streat Tanksley Taylor Thomas,D Y Thomas,N Thompson Y Turner Y Tysinger Y Walker

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

Senator Balfour of the 9th moved that Senator Thomas of the 10th be excused. On the motion, the yeas were 37, nays 1; the motion prevailed, and Senator Thomas was excused.

The Calendar was resumed.

HB 1360. By Representatives Powell of the 23rd, Floyd of the 138th and Coleman of the 142nd:
A bill to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to provide that the provisions of said Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle.
Senate Sponsor: Senator Egan of the 40th.
The Senate Special Judiciary Committee offered the following substitute to HB 1360:

A BILL
To be entitled an Act to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to provide that the provisions of said Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully ex-

WEDNESDAY, MARCH 18, 1998

1767

posed to view or in the glove compartment, console, or similar compartment of the vehicle; to provide that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senators Crotts of the 17th and Dean of the 31st offered the following amendment:
Amend the committee substitute to HB 1360 by adding after the first semicolon on line 12 of page 1 the following:
"to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to change the provisions relating to justification for use of threats or force;".
By adding after line 34 of page 1 the following:
"SECTION 1.1. Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended by adding following Code Section 16-3-24 the following: '16-3-24.1.
As used in Code Sections 16-3-23 and 16-3-24, the term "habitation" means any dwelling, motor vehicle, or place of business, and "personal property" means personal property other than a motor vehicle.'"
On the adoption of the amendment, the yeas were 33, nays 2, and the Crotts, Dean amendment #1 to the committee substitute was adopted.
Senators Crotts of the 17th and Dean of the 31st offered the following amendment:
Amend the committee substitute to HB 1360 by adding after the first semicolon on line 12 of page 1 the following:
"to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to provide for immunity where use of threats or force is justified;".
By adding after line 34 of page 1 the following:

1768

JOURNAL OF THE SENATE

"SECTION 1.1. Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended by adding following Code Section 16-3-24 the following: '16-3-24.2. A person who uses threats or force in accordance with Code Section 16-3-23 or 16-3-24 shall be immune from criminal prosecution therefor unless any deadly force used by such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of Title 16.'"
On the adoption of the amendment, the yeas were 34, nays 5, and the Crotts, Dean amendment #2 to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by 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

Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

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

N Fort

Y Marable

Y Gillis

Y Middleton

Y Glanton

N Oliver

Y Gochenour

Y Perdue

On the passage of the bill, the yeas were 49, nays 3.

Y Price,R Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr N 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 bill was taken up to consider House action thereto:

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.
The House substitute was as follows:

WEDNESDAY, MARCH 18, 1998

1769

A BILL
To be entitled an Act to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding at the end thereof a new Code section, to be designated as Code Section 20-2-68, to read as follows:
"20-2-68.
Upon determining that a school under its management and control is consistently underperforming or is otherwise educationally deficient, a local board of education may apply to the State Board of Education for the appointment of an educational care team for that school. The state board then may appoint an educational care team for that school. The educational care team shall consist of seven persons, each of whom has experience as a principal, teacher, or school administrator. Under the direction of the requesting local board of education, the educational care team shall conduct an investigation of the educationally deficient school, prepare a written evaluation of the school, and make nonbinding recommendations to the local board for improvements at the school in instruction in mathematics, science, reading and other English courses, history including but not limited to the role of biblical principles in the founding of our country, and social science. The educational care team may also provide instruction and conduct staff development sessions. Subject to appropriation by the General Assembly, at least four educational care teams shall be funded for each fiscal year."
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.
Senator Marable of the 52nd moved that the Senate disagree to the House substitute.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 447.
Senator Gillis of the 20th assumed the Chair.
The Calendar was resumed.
HB 1413. By Representatives Barnes of the 33rd and Sauder of the 29th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar; and to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration.
Senate Sponsor: Senator Ray of the 48th.

1770

JOURNAL OF THE SENATE

The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 1413:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that in counties where the county site is located in an unincorporated area and certain other conditions are met, sessions of superior and state court may be held at a courthouse annex and records of the superior court clerk may be kept at such annex; to allow the probate judge to have an office in such annex; 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 the probate court may issue marriage licenses at such annex; to provide for conditions and limitations; to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar; to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners; to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to the compensation of sheriffs, clerks of the superior courts, judges of the probate courts, tax collectors and tax commissioners, chief deputy tax commissioners, chief magistrates, magistrates, clerks of superior or state courts serving as clerks of magistrate courts, magistrates or chief magistrates serving as clerks of the magistrate court, and coroners of certain counties; to correct certain cross-references; to provide for other matters relative to the foregoing; to amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to the term of office, qualifications, and training requirements for clerks of the superior courts, so as to provide training requirements and reporting requirements for such clerks; to provide that noncompliance does not invalidate a clerk's actions; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-6-17, relating to the time and place of holding superior court generally, and inserting in lieu thereof a new Code Section 15-6-17 to read as follows:
"15-6-17.
(a) One or more of the judges of the superior courts must hold the superior court of each circuit at the county site and courthouse, if any, of each county in the respective judicial circuit or at some other place at the county site designated by law not less than twice each year, at such times as are prescribed by the General Assembly; provided, however, that, in any county in which a state correctional institution, county correctional institution, or jail is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution, county correctional institution, or jail in a suitable room at the institution. Nothing in this Code section subsection shall be construed or interpreted to require any judge to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution, county correctional institution, or jail nor to establish any right of any inmate of any such correctional institution to have any habeas corpus and other nonjury pro-

WEDNESDAY, MARCH 18, 1998

1771

ceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such correctional institutions.
(b) Notwithstanding any other provision of law to the contrary, in a county where the county site is located in an unincorporated area of the county, the county governing authority may construct one or more permanent satellite courthouses within the county and designate each such structure as a courthouse annex or otherwise establish each such structure as an additional courthouse to the courthouse located at the county site. The judges of the superior court in such county may hold sessions of superior court and conduct all other superior court business at the additional courthouse locations or at the courthouse at the county site. One or more of the judges of the superior court must hold a session of superior court at the county site not less than twice each year. All actions taken by a superior court judge at any additional courthouse in accordance with this subsection shall be fully valid and binding as though taken and performed at the county site."
SECTION 2.
Said title is further amended by striking Code Section 15-6-18, relating to alternative locations of superior court, and inserting in lieu thereof a new Code Section 15-6-18 to read as follows:
"15-6-18.
(a) If for any cause it shall or may be impracticable to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor, it shall be lawful to hold court and any session or sitting thereof at such place as the proper authorities of the county in and for which the court is to be held may from time to time provide for such purpose, provided that except as provided in subsection (b) of this Code section no session or sitting of any superior court may be held under this subsection at any place other than the county site of the county of such court.
(b) The provisions of this subsection shall apply only in a county in which there exists a state court with one or more courtrooms regularly utilized by the state court outside the county site. In any such county any session of superior court may be held outside the county site in a courtroom of the state court, subject to the following conditions and limitations:
(1) The senior judge or chief judge of superior court (such terms meaning the active judge who is senior in time of service) must enter a written order for such session of superior court to be so held outside the county site, and such order must incorporate a written finding that it is impracticable for the session of court to be held at the county site;
(2) A judge of the state court must enter a written order consenting for such session of superior court to be held in the courtroom of the state court;
(3) The holding of superior court sessions shall not affect the place of filing of documents to be filed with the superior court, except for documents filed in open court which may be filed where the session of court is held; and
(4) Any state court making courtroom space available to the superior court under this subsection shall be authorized under the same rules to hold sessions of state court in facilities of the superior court.
(c) Notwithstanding the provisions of subsection subsections (a) and (b) of this Code section;:

1772

JOURNAL OF THE SENATE

(1) In hi each county of this state having a population of not more than 50,000 according to the United States decennial census of 1990 or any future such census, if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor or if it should appear to the governing authority of the county that the best interest of the public would be served by the furnishing of alternate or additional facilities for the holding of any session or sitting of any superior or state court, it shall be lawful to hold court and any session or sitting thereof at such place or places as the governing authority of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that is not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alternate or additional facility without the consent of the accused?; and
(2) In each county of this state where the county site is located in an unincorporated area of the county and the governing authority of such county determines by appropriate resolution that the best interest of the citizens of such county would be served by the construction of a courthouse annex or satellite courthouse outside the county site, it shall be lawful to hold any session or sitting of superior or state court and to conduct all other related business of the courts at such annex or satellite courthouse.
(d) All acts of a superior court or state court done at a place provided therefor by the county authorities, other than at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17."
SECTION 3.
Said title is further amended by striking Code Section 15-6-86, relating to the location of a superior court clerk's office in a place other than the courthouse and storage of records, and inserting in lieu thereof a new Code Section 15-6-86 to read as follows:
"15-6-86.
(a) In the event that the space at the courthouse is inadequate for the clerk's office and the things belonging thereto, the clerk, in writing, may request the governing authority of the county to move his or her office to some other designated place in the county. In his or her request, the clerk shall state the inadequacy which exists. The governing authority is authorized to comply with the request and may designate another place as the office of the clerk. Such place must be owned by the county or a body politic and shall not be more than 500 feet from the courthouse at their nearest points. The judge of the superior court of the circuit in which the county is located or the chief judge in those circuits having more than one judge must give written consent before the clerk shall be authorized to move his or her office to such place.
(b) In the event that space at the courthouse or other place where the office of the clerk is located is inadequate to ensure the safe storage of records, the clerk, after obtaining written permission from the governing authority of the county and from the superior court judge of the circuit in which the county is located or the chief judge in those circuits having more than one judge, may cause the records to be stored at a data storage and retrieval facility within the State of Georgia. The clerk shall give public notice of the place of storage by posting notice at the courthouse. If documents

WEDNESDAY, MARCH 18, 1998

1773

are stored outside the county where the documents were created, the government entity shall:
(1) Bear all costs of transporting such documents back to the county of origin for purposes of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records; and
(2) Provide by contract for:
(A) Specific retrieval times in which documents requested shall be delivered; and
(B) Payment of additional fees by the person requesting the document from the clerk for expedited service.
(c)(l) Subject to the requirements of paragraph (2) of this subsection, in a county where the county site is located in an unincorporated area of the county and the county governing authority has constructed one or more permanent satellite courthouses within the county and has further designated each such structure as a courthouse annex or has otherwise established each such structure as an additional courthouse to the courthouse located at the county site, the clerk of superior court shall be authorized to maintain his or her offices and all things belonging thereto including the permanent records at one of the additional courthouse locations or at the courthouse at the county site. The clerk of superior court may, but is not required to, maintain a satellite office at an additional courthouse which is not the location of the clerk of superior court's main office where the permanent records are kept.
(2) The judge of the superior court of the circuit in which the county is located, or the chief judge if the county is a part of a circuit having more than one judge, must give written consent for the relocation or additional office, or both, and the county governing authority shall provide the necessary office space at the alternate or additional location, or both.
(d) Notwithstanding any other provision of this Code section, county documents, as defined in subsection (c) of Code Section 36-9-5, shall be stored only in accordance with the provisions of Code Section 36-9-5."
SECTION 4.
Said title is further amended by striking Code Section 15-9-81, relating to additional locations for probate judges in certain counties, and inserting in lieu thereof a new Code Section 15-9-81 to read as follows:
"15-9-81.
(a) Notwithstanding any other law, in all counties having a population in excess of 400,000 according to the United States decennial census of 1990 or any future such census, where the governing authority of the county has established and constructed one or more permanent satellite courthouses within the county and has designated each structure as a courthouse annex or by similar designation has established each structure as an additional courthouse to the courthouse located at the county site, the judge of the probate court shall be authorized and empowered to keep and maintain his or her office or offices and all things belonging thereto at the additional courthouse locations and at the courthouse at the county site. Any and all actions taken by the judge of the probate court at any additional courthouse location, however same may be designated, which is established by the county governing authorities authority and designated as an additional courthouse location shall be as fully valid and binding as though taken and performed at the courthouse at the county site.

1774

JOURNAL OF THE SENATE

fb) Nothing in this subsection (a) uf this Cudu section shall authorize the maintenance of any permanent records at any location other than the courthouse located at the county site.
(b) Notwithstanding any other law, in a county where the county site is located in an unincorporated area of the county and the county governing authority has constructed one or more permanent satellite courthouses within the county and has further designated each such structure as a courthouse annex or has otherwise established each such structure as an additional courthouse to the courthouse located at the county site, the judge of the probate court shall be authorized and empowered to keep and maintain his or her office or offices and all things belonging thereto at the additional courthouse locations and at the courthouse at the county site. Any and all actions taken by the judge of the probate court at any additional courthouse location, however same may be designated, which is established by such county governing authority and designated as an additional courthouse location shall be as fully valid and binding as though taken and performed at the courthouse at the county site."
SECTION 5.
Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremony, is amended by striking Code Section 19-3-31, relating to the issuance of marriage license at satellite courthouses, and inserting in lieu thereof a new Code Section 19-3-31 to read as follows:
"19-3-31.
Notwithstanding any other law, in all counties having a population in excess of 400,000 according to the United States decennial census of 1990 or any future such census or in counties where the county site is located in an unincorporated portion of the county, the judge of the probate court or his or her clerk shall be authorized to issue the marriage licenses provided for by Code Section 19-3-30 and to take and perform any and all other actions prescribed in Code Section 19-3-30 either at the courthouse located at the county site or at any permanent satellite courthouse within the county which has been established and constructed by the governing authority of the county and has been designated by the governing authority of the county as a courthouse annex or by similar designation has been established as an additional courthouse to the courthouse located at the county site."
SECTION 6.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is further amended by striking in its entirety subsection (c) of Code Section 15-6-50, relating to the term of office, qualifications, and training requirements for clerks of the superior courts, and inserting in lieu thereof the following:
"(c)(l) Any person who is elected or appointed as a clerk of the superior court after July 1, 1981, but before January 1, 2000, and who was not serving as a clerk of the superior court on July 1, 1981, shall satisfactorily complete 40 hours of training in the performance of his or her duties and shall place file a certificate of training issued by the Institute of Continuing Judicial Education of Georgia un file with the judge of the probate court of the county in which he or she serves within one year from the date of his or her election or appointment in order to become a certified clerk of the superior court. On and after July 1, 1998, each person who is elected or appointed as a clerk of the superior court shall also enter upon the minutes of the superior court in which he or she holds office a copy of the certificate of training issued by the institute of Continuing Judicial Education of Georgia.

WEDNESDAY, MARCH 18, 1998

1775

f2) Any person whu in elected ui appointed as a cleik uf Lhe supeiiui cumt dflm July 1, 1981, and subject to the provisions of this paragraph who does not satisfactorily complete the training required by this paragraph (1) uf this tmbsuutiuii or who does not place file a certificate of training issued by the Institute of Continuing Judicial Education of Georgia on file with the judge of the probate court and enter a certificate of training into the minutes of the superior court within the time period required by paiagiaph (1) of this tmbbeiliuii shall become a certified clerk of the superior court upon completion of the requirements at any later time. For each year the training requirements required by this paragraph (1) uf this subsection are not completed and the certificate is not placed on file, the clerk of the superior court will not receive credit for that year of service for determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia.
(2) Any person elected or appointed clerk of the superior court of any county of this state on or after January 1, 2000, shall satisfactorily complete 40 hours of continuing judicial education prior to taking office and assuming the duties and responsibilities of his or her office. The clerk of superior court shall file a certificate of training issued by the Institute of Continuing Judicial Education of Georgia with the probate court and shall enter the certificate on the minutes of the superior court in the county in which he or she holds office. Upon completing such 40 hour curriculum, the clerk shall become a certified clerk of the superior court. The training requirements of this paragraph shall not apply to persons subject to the provisions of paragraph (1) of this subsection. On and after July 1, 1998, the curriculum for all training programs required by this paragraph and paragraph (1) of this subsection shall be approved by the Superior Court Clerks Training Council.
(3) Effective July 1, 1983, after the initial year of training as required in paragraph paragraphs (1) and (2) of this subsection, each clerk of the superior court shall complete 15 hours of additional training per annum during each year in which he or she serves as a clerk of the superior court and shall file a certificate of additional training issued by the Institute of Continuing Judicial Education of Georgia with the judge of the probate court in his or her county. On and after July 1, 1998, the certificate of training shall be entered upon the minutes of the superior court in which the clerk of the superior court holds office. For each year the training requirements of this paragraph are not completed and the certificate is not placed uu file filed as required by this paragraph, the clerk of the superior court will not receive credit for that year of service for determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia; provided, however, that, if a clerk fails to take the required training in any given year, he or she may, upon written notice to the Superior Court Clerks Training Council, make up such deficiency in the next succeeding year and . In such event, the clerk shall file the appropriate certificate of additional training with thu judge uf the piubale com I in the manner provided in this paragraph.
(4) A clerk of the superior court may appoint an employee of his or her office as clerk pro tempore for a period not exceeding five days per year in order for the clerk to attend training authorized or required by this subsection or by any other Code section. If any clerk, because of a lack of personnel in his or her office, is unable to appoint an employee of his such office as clerk pro tempore for this purpose, then the judge of the probate court shall serve as clerk pro tempore for such period. The appointment of clerk pro tempore shall be approved by the judge of the superior court and recorded in the minutes of the court.

1776

JOURNAL OF THE SENATE

(5) All reasonable expenses of training authorized or required by this subsection, including any tuition which may be fixed by the Institute of Continuing Judicial Education of Georgia, shall be paid by the clerk taking the training but shall be reimbursed from county funds by the county governing authority.

(6) The failure to file the certificate required by this subsection or the failure to complete the judicial education required by this subsection shall not invalidate any act or actions taken by the clerk."

SECTION 7.

Said title is further amended by striking Code Section 15-6-88, relating to minimum salaries for clerks of the superior courts, and inserting in its place the following:
"15-6-88.

(a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999........................................ 6,000 11,889........................................ 11,890 19,999........................................ 20,000 28,999........................................ 29,000 38,999........................................ 39,000 49,999........................................ 50,000 74,999........................................ 75,000 99,999........................................ 100,000 149,999....................................... 150,000 199,999....................................... 200,000 249,999....................................... 250,000 299,999.......................................

$ 18,440.00 21,780.00 25,324.00 29,910.00 28,087.00 33,882.00 30,730.00 36,301.00 32,780.00 38,720.00 34,800.00 41,142.00 36,880.00 43,563.00 37,907.00 44,772.00 08,931.00 45,982.00 39,900.00 47,192.00 40,980.00 48,402.00 50,072.00 66,936.00

300^000 399,999....................................... 400,000 499,999....................................... 500,000 or more............................................

73,890.00 76,890.00 79,890.00

(b) On and after July 1, 1994 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-689, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, shall be increased by

WEDNESDAY, MARCH 18, 1998

1777

a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section 15-10-105, or the amounts derived through the application of longevity increases, as authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
(c) This Code section shall not be construed to reduce the salary of any clerk of the superior court in office on July 1, 1991; provided, however, that successors to such clerks in office on July 1, 1991, shall be governed by the provisions of subsections (a) and (b) of this Code section.
(d) The county governing authority may supplement the minimum annual salary of the clerk of the superior court in such amount as it may fix from time to time; but no clerk's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the clerk's salary in the manner authorized by this subsection is ratified and confirmed. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of the clerk."
SECTION 8.
Said title is further amended by striking Code Section 15-6-89, relating to additional remuneration for clerks of the superior courts for certain services, and inserting in its place the following:
"15-6-89.
In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court, juvenile court, or civil court under any applicable general or local law of this state shall receive for his or her services in such other court a salary of not less than $200.00 $236.25 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court."
SECTION 9.
Said title is further amended by striking subsection (a) of Code Section 15-9-63, relating to the schedule of minimum salaries of judges of the probate courts, and inserting in its place the following:
"(a)(l) Any other laws to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be fixed according to the popu-

1778

JOURNAL OF THE SENATE

lation of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999 .......................................... 6,000 11,889 ........................................ 11,890 19,999 ........................................ 20,000 28,999 ........................................ 29,000 38,999 ........................................ 39,000 49,999 ........................................ 50,000 74,999 ........................................ 75,000 99,999 ........................................ 100,000 149,999 ...................................... 150,000 199,999 ...................................... 200,000 249,999 ...................................... 250,000 299,999 ...................................... 300,000 ui mure .......................................... 300,000 399,999 ...................................... 400,000 499,999 ...................................... 500,000 or more ..........................................

$ 17,300.00 20,511.00 22,900.00 27,083.00 25,471.00 30,084.00 28,139.00 33,235.00 31,131.00 36,769.00 32,830.00 38,783.00 30,307.00 41,737.00 38,924.00 45,973.00 42,511.00 50,210.00 47,359.00 55,936.00 52,207.00 61,662.00 54,505.00 64,435.00 50,903.00 67,209.00 70,209.00 73,209.00

(2) On and after July 1, 1994 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to Code Section 15-9-65, where applicable, as authorized by this paragraph shall be-

WEDNESDAY, MARCH 18, 1998

1779

come effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.

(3) The county governing authority may supplement the minimum annual salary of the judge of the probate court in such amount as it may fix from time to time; but no probate judge's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the probate judge's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the probate judge."

SECTION 10.

Said title is further amended by striking Code Section 15-9-64, relating to supplementation of minimum salaries of judges of the probate courts, and inserting in its place the following:
"15-9-64.

The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $200.00 $236.25 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $200.00 $295.25 per month."

SECTION 11.

Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 15-10-23, relating to minimum compensation of magistrates, and inserting in lieu thereof the following:

"(3) Unless otherwise provided by local law, effective January 1, 1998, the chief magistrate of each county who serves in a full-time capacity other than in those counties where the piubatu judge of the probate court serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999 .......................................... 6,000 11,889 ........................................ 11,890 19,999 ........................................ 20,000 28,999 ........................................ 29,000 38,999 ........................................ 39,000 49,999 ........................................ 50,000 74,999 ........................................ 75,000 99,999 ........................................ 100,000 149,999 ...................................... 150,000 199,999 ...................................... 200,000 249,999 ...................................... 250,000 299,999 ...................................... 300,000 or more ..........................................

$ 17,300.00 18,783.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves

1780

JOURNAL OF THE SENATE

as determined by the United States decennial census of 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office."
SECTION 12.
Said title is further amended by striking subsection (c) of Code Section 15-10-23, relating to minimum compensation of magistrates, and inserting in lieu thereof the following:
"(c) Effective January 1, 1990, unless Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $2,599.95 $2,812.00 per month or 90 percent of the monthly salary of the chief magistrate, whichever is less. Effective January 1, 1990, all All other magistrates shall receive a minimum monthly salary of the lesser of $15.00 $16.22 per hour or 90 percent of the monthly salary of the chief magistrate; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $400.00 $432.64. The county governing authority may supplement the minimum annual salary of each magistrate in such amount as it may fix from time to time; but no such magistrate's compensation or supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates."
SECTION 13.
Said title is further amended by striking Code Section 15-10-105, relating to selection of clerks of the magistrate courts and their compensation and eligibility, and inserting in its place the following:
"15-10-105.
(a) The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section.
(b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $200.00 $236.25 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $200.00 $236.25 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both.
(c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magis-

WEDNESDAY, MARCH 18, 1998

1781

trate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $200.00 $236.25 per month.

(d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $200.00 $236.25 per month.

(e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds.

(f) The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement.

(g) In any case any magistrate may perform any duty to be performed by the clerk."

SECTION 14.

Said title is further amended by striking subsection (a) of Code Section 15-16-20, relating to minimum annual salaries of the sheriffs, and inserting in its place the following:

"(a)(l) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriffs county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999 .......................................... 6,000 11,889 ........................................ 11,890 19,999 ........................................ 20,000 28,999 ........................................ 29,000 38,999 ........................................ 39,000 49,999 ........................................ 50,000 74,999 ........................................ 75,000 99,999 ........................................ 100,000 149,999 ...................................... 150,000 199,999 ...................................... 200,000 249,999 ...................................... 250,000 299,999 ...................................... 300,000 and up ....................................... 300,000 -- 399,999 ...................................... 400,000 -- 499,999 ...................................... 500,000 -- and up .......................................

$ 20,990.00 30,697.00 29,002.00 34,254.00 33,005.00 39,337.00 30,073.00 43,315.00 40,040.00 47,292.00 43,410.00 51,272.00 40,777.00 55,249.00 48,307.00 57,127.00 49,957.00 59,005.00 01,735.00 61,105.00 50,513.00 63,205.00 58,574.00 69,182.00 05,412.00 77,259.00 80,259.00 83,259.00

(2) On and after July 1, 1994 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-16-20.1, or the amounts derived by increasing each of said amounts through the

1782

JOURNAL OF THE SENATE

application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
(3) The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriffs compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriffs salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff."
SECTION 15.
Said title is further amended by striking Code Section 15-16-20.1, relating to additional minimum salary for sheriffs, and inserting in its place the following:
"15-16-20.1.
In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, magistrate court, juvenile court, or county recorder's court under any applicable general or local law of this state shall receive for his or her services in such court or courts a salary of not less than $200.00 $236.25 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary."
SECTION 16.
Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar, is amended by striking subsection (c) of said Code section and inserting in its place the following:
"(c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of reg-

WEDNESDAY, MARCH 18, 1998

1783

istering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $200.00 $236.25 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of State's office, where such information shall be maintained on file."
SECTION 17.
Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, is amended by inserting a new Code section to be designated Code Section 45-16-11 to read as follows:
"45-16-11.

In any county which is the site of more than one state correctional institution or prison for adults or juveniles and which compensates the county coroner by salary, the state shall compensate the county coroner in the amount of $100.00 for each state inmate death in such county. The county coroner of such a county is authorized to accept the compensation provided in accordance with this Code section despite any local Act which requires such a coroner to send fees to the county treasury or the county governing authority."
SECTION 18.
Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by striking subsection (g) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs, and inserting in its place the following:

"(g) Each tax collector or tax commissioner who is compensated on a salary basis and who is authorized to act as an ex officio sheriff under this Code section and whose office performs substantially all of the duties of the sheriff with respect to tax executions shall be entitled to a salary of $200.00 $236.25 per month for his or her service as ex officio sheriff. Such compensation shall be in addition to any other compensation to which such tax commissioner or tax collector is entitled. Such additional compensation shall not be paid to any tax commissioner who is compensated solely by the fee system of compensation; but such compensation shall be paid to any tax commissioner who is compensated in part by fees and in part by a salary. Such compensation shall be paid in equal monthly installments from county funds."
SECTION 19.

Said article is further amended by striking subsection (b) of Code Section 48-5-183, relating to salaries of tax collectors and commissioners, and inserting in its place the following:

"(b)(l) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 1990 or any future such census. Each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999 ..........................................

$ 17,025.00 20,108.00

1784

JOURNAL OF THE SENATE

6,000 11,889 ........................................ 11,890 19,999 ...................................... 20,000 28,999 ...................................... 29,000 38,999 ...................................... 39,000 49,999 ...................................... 50,000 74,999 ...................................... 75,000 99,999 ...................................... 100,000 149,999 ...................................... 150,000 199,999 ...................................... 200,000 249,999 ...................................... 250,000 299,999 ...................................... 300,000 and muie ........................................ 300,000 399,999 ...................................... 400,000 499,999 ...................................... 500,000 and more ........................................

21,273.00 25,126.00 23,983.00 28,326.00 20,040.00 30,165.00 27,004.00 32,674.00 30,800.00 36,437.00 30,180.00 42,732.00 38,830.00 45,868.00 41,489.00 49,003.00 44,002.00 52,325.00 47,114.00 55,647.00 00,811.00 60,013.00
54,007.00 64,379.00 67,379.00 70,379.00

(2) On and after July 1,1994 1998, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection (fa) (c) of Code Section 21-2-212 21-2-213, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (d) of this Code section, where applicable shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection ftr> (c) of Code Section 21-2-212 21-2-213, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection ttr) (c) of Code Section 21-2-212 21-2-213, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137, and, where applicable, in subsection fb) (c) of Code Section 21-2-212 21-2-213, or the amounts derived through the application of longevity increases as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.

(3) The county governing authority may supplement the minimum annual salary of the tax commissioner in such amount as it may fix from time to time; but no tax commissioner's compensation supplement shall be decreased during any term of of-

WEDNESDAY, MARCH 18, 1998

1785

fice. Any prior expenditure of county funds to supplement the tax commissioner's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the tax commissioner."

SECTION 20.

Said article is further amended by striking subsection (b) of Code Section 48-5-212, relating to chief deputy tax receiver, collector, or commissioner; appointment; duties; and assumption of duties in the office of tax commissioner, and inserting in lieu thereof the following:

"(b) Except as otherwise provided in Code Section 48-5-128.1, in any county in which a chief deputy tax commissioner has been appointed pursuant to subsection (a) of this Code section and said chief deputy meets all qualifications for the office of tax commissioner, the chief deputy tax commissioner shall assume the duties of the office of the tax commissioner upon the death, resignation, incapacity, or inability of such tax commissioner of any such county to serve. Such chief deputy shall serve until such time as the incapacity or inability of such tax commissioner is removed or until January 1 following the next succeeding general election which occurs more than 60 days after the occurrence of the vacancy or the expiration of the remaining term of office, whichever occurs first. The chief deputy tax commissioner shall receive no additional compensation for performing the duties of such tax commissioner except in cases involving the death or resignation of such tax commissioner, in which case the chief deputy shall receive the same compensation, paid in the same manner, as such tax commissioner would have received less any longevity raises received by the previous tax commissioner. If the next succeeding general election is not one at which county officers are elected and is more than 60 days after the occurrence of the vacancy and unless the incapacity or inability of such tax commissioner is removed prior to such election, a duly qualified person shall be elected tax commissioner at a special election held at the same time as the general election. The person so elected shall take office on January 1 following such election and shall serve for the remainder of the unexpired term of office."

SECTION 21.

Sections 1 through 5 of this Act shall become effective January 1, 1999. Notwithstanding the provisions of Code Section 1-3-4.1, the remaining sections of this Act shall become effective on July 1, 1998.

SECTION 22.

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

On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted.

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

Brown, 26th Y Brush N Burton Y Cagle Y Cheeks Y Clay

Y Crotts Y Dean Y Egan Y Fort
Gillis

1786

JOURNAL OF THE SENATE

Y Glanton

Y Lamutt

Y Gochenour

Y Land

Y Griffin

Y Langford

Y Guhl

Y Madden

Y Harbison

Y Marable

Y Henson

Y Middleton

Y Hill

Y Oliver

EX Hooks

Perdue

Y Huggins

Y Price,R

Y James

Y Price.T

Y Johnson.D

Y Ragan

Y Johnson.E

Y Ralston

Y Kemp

Y Ray

On the passage of the bill, the yeas were 46, nays 2.

Y Roberts Y Scott Y Starr Y Stokes
Streat Y Tanksley
Taylor Y Thomas,D EX Thomas,N Y Thompson Y Turner N Tysinger
Walker

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

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.

Senator Thompson of the 33rd moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Middleton was excused.
The following bill was taken up to consider House action thereto:

SB 670. By Senators Starr of the 44th and Middleton of the 50th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain and Symptom Management within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on

WEDNESDAY, MARCH 18, 1998

1787

Pain Management for the Terminally 111 within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, terms, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 43
31-43-1.
As used in this Code section, the term:
(1) 'Committee' means the Advisory Committee on Pain Management for the Terminally 111 created under Code Section 31-43-2.
(2) 'Health care professional' means any person licensed under Chapter 4 of Title 26 or under Chapter 9, 10A, 11, 26, 27, 28, 30, 33, 34, 35, or 39 of Title 43. 31-43-2.
(a) There is created the Advisory Committee on Pain Management for the Terminally 111 within the office of the joint-secretary of the state examining boards. The committee shall be composed of 12 members as follows:
(1) Two members shall be physicians licensed to practice medicine in this state, one of whom shall be a primary care physician and the other of whom shall be a specialist in the treatment of patients with terminal illness;
(2) One member shall be a representative of an acute care hospital permitted in this state;
(3) One member shall be a representative of an insurance company licensed to do business as such in this state;
(4) One member shall be a representative of a health maintenance organization licensed to do business as such in this state;
(5) One member shall be a representative of a hospice licensed to do business as such in this state;
(6) One member shall be from the business community, other than any business specified in paragraphs (2) through (5) of this subsection, and other than any health care professional or employee thereof;
(7) One member shall be a consumer member who does not receive for such person's services any remuneration from a business specified in paragraphs (2) through (5) of this subsection or as a health care professional or employee thereof;
(8) One member shall be a registered nurse with experience in the care of the terminally ill;
(9) One member shall be a pharmacist;
(10) One member shall be the president of the Composite State Board of Medical Examiners and shall serve as chairperson of the committee; and
(11) One member shall be a psychologist who specializes in behavorial medicine and pain medicine.

1788

JOURNAL OF THE SENATE

(b) Members of the committee, other than the chairperson, shall be appointed by the Governor and serve at the pleasure of the Governor. Vacancies in such membership positions appointed by the Governor shall be filled by appointment by the Governor. The initial term of such appointment shall be four years.
(c) Members of the committee shall receive the same expense and travel allowance as that received by members of the General Assembly for service on interim legislative committees but for not more than five days in any 12 month period.
(d) A majority of the appointed members of the committee shall constitute a quorum. The committee shall elect from its membership such other officers as it deems necessary and establish bylaws for its governance. 31-43-3.
The committee shall:
(1) Provide a forum that is open to all health care professionals, to all hospitals permitted under Chapter 7 of this title, and to hospices licensed under Chapter 7 of this title in developing an integrated approach to understanding and applying pain and symptom management techniques;
(2) Hold a public hearing at least annually to gather information from the general public on issues pertaining to pain and symptom management;
(3) Develop and encourage the implementation of model core curricula on pain and symptom management with consumer rated results and effectiveness of therapies, practioners and institutions as the emphasis;
(4) Develop recommendations to the licensing boards for health care professionals on integrating pain and symptom management into the customary practice of health care professionals and identifying the role and responsibilities of the various health care professionals in pain and symptom management;
(5) Develop written materials explaining pain and symptom management and hospice care for distribution to health care professionals, health care payment and benefits plans, and the public;
(6) Advise the licensing boards for health care professionals on the duration and content of continuing education requirements for pain and symptom management;
(7) Annually report their activities and recommendations to the Health and Human Services Committee in the Senate and the Health and Ecology Committee in the House of Representatives; and
(8) In making recommendations and developing written materials under paragraph (4) of this Code section, the committee shall review guidelines on pain and symptom management issued by the United States Department of Health and Human Services."
SECTION 2.
This Act shall stand repealed on December 31, 2002.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute as amended by the following amendment by Senators Starr of the 44th and Middleton of the 50th:

WEDNESDAY, MARCH 18, 1998

1789

Amend the House substitute to SB 670 by striking lines 28 and 29 of page 2 and inserting in their place the following:
"(11) One member shall be a psychologist." On the motion, 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

Broun, 46th

EX Hooks

Y Roberts

Brown, 26th

Y Huggins

Y Scott

Y Brush

Y 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

Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

Y Langford

EX Thomas,N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Gillis(PRS)

EX Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Perdue

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 670 as amended by the Senate.

The Calendar was resumed.

HB 1693. By Representatives Hecht of the 97th, Martin of the 47th, Crawford of the 129th and Reichert of the 126th:

A bill to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death and persons entitled to bring an action, survival of an action, release of a wrongdoer, disposition of the recovery, exemption of the recovery from liability for the decedent's debts, and recovery as to a child born out of wedlock, so as to provide that the share of a surviving spouse of the decedent in a wrongful death action is at least one-third of the amount recovered.

Senate Sponsor: Senator Oliver of the 42nd.

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

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

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
Gillis(PRS) Y Glanton Y Gochenour Y Griffin Y Guhl

1790

JOURNAL OF THE SENATE

Y Harbison

Y Madden

Y Henson

Y Marable

Y Hill

Y Middleton

EX Hooks

Y Oliver

Y Huggins

EX Perdue

Y James

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 49, nays 0.

Y Starr Y Stokes Y Streat
Tanksley Y Taylor Y Thomas,D EX Thomas,N Y Thompson Y Turner Y Tysinger EX Walker

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

HB 1666. By Representatives Powell of the 23rd, Burkhalter of the 41st, Hudson of the 156th and others:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid, performance, and payment bond requirements for contracts for public works, so as to permit a bidder to withdraw its bid from consideration after the bid opening, under certain circumstances, without forfeiting its bid bond or other security.
Senate Sponsor: Senator Brush of the 24th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Abernathy Y Balfour
Blitch

Y Griffin Y Guhl Y Harbison

Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle

Y Henson Y Hill EX Hooks Y Huggins Y James Y Johnson,D Y Johnson,E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Y Crotts Y Dean Y Egan Y Fort
Gillis(PRS)

Y Land Langford
Y Madden Y Marable Y Middleton

Y Glanton Y Gochenour

Y Oliver EX 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 Y Starr Y Stokes Y Streat
Tanksley Y Taylor Y Thomas,D EX Thomas,N Y Thompson Y Turner Y Tysinger EX Walker

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

WEDNESDAY, MARCH 18, 1998

1791

HB 946. By Representatives Smith of the 19th, Irvin of the 45th, Mann of the 5th and others:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to require certain state officers and employees to present proof of having registered with the Selective Service System or of being exempt from such registration; to provide for ineligibility for office and employment by the state and for employment termination.
Senate Sponsor: Senator Hill of the 4th.
Senators James of the 35th and Fort of the 39th offered the following amendment:
Amend HB 946 by renumbering (a)(l) and (a)(2) as (a)(2) and (a)(3) and inserting following line 8, the following:
"(1) 'Conscientious objection' means an objection to the participation in war in any form based on a moral, religious or ethical code."
And by replacing on page 1, line 29 with the following: "such registration, by presenting a signed, notarized affidavit declaring one's conscientious objection to war in any form."
And by inserting after the word, "presents" on both page 2, line 2 and page 2, line 10, the following "an affidavit that has been signed and notarized which declares that person's conscientious objection to war in any form, or"
And inserting on page 1, line 15 after "(a)", the following: "The General Assembly affirms the right of its citizens to freedom of conscience under the State Constitution, Article I, Section I, Paragraphs III and IV.
On the adoption of the amendment, the yeas were 2, nays 33, and the James, Fort amendment was lost.
The report of the committee, which was favorable to the passge 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
Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort
Gillis(PRS)

Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins Y James
Johnson,D Y Johnson.E
Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable

Y Middleton Y Oliver EX Perdue 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 EX Thomas,N Y Thompson

1792

JOURNAL OF THE SENATE

Y Turner

Y Tysinger

EX Walker

On the passage of the bill, the yeas were 44, nays 0.

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

SR 766. By Senators Langford of the 29th, Taylor of the 12th, Roberts of the 30th and others:

A resolution urging the Georgia congressional delegation and the United States Congress to reject any legislation that would exempt health plans sponsored by associations and multiple employer welfare arrangements from state insurance standards and oversight.

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

Y 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

EX Hooks

Y Roberts

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

EX Thomas,N

Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Gillis(PRS)

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

EX Walker

Y Gochenour

EX Perdue

On the adoption of the resolution, the yeas were 48, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HB 1717. By Representatives Trense of the 44th and Hecht of the 97th:

A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for deprivation determinations when the deprivation is committed by persons while under the influence of drugs or alcohol.

Senate Sponsor: Senator Oliver of the 42nd.

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

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

Y Abernathy Y Balfour

Y Blitch Y Boshears

Y Bowen Y Broun, 46th

WEDNESDAY, MARCH 18, 1998

1793

Y Brown, 26th

Y Hill

Brush

EX Hooks

Y Burton

Y Huggins

Y Cagle

James

Y Cheeks

Y Johnson,D

Y Clay

Y Johnson,E

Y Crotts

Y Kemp

Y Dean

Y Lamutt

Egan

Y Land

Y Fort

Y Langford

Gillis(PRS)

Y Madden

Y Glanton

Y Marable

Y Gochenour

Y Middleton

Y Griffin

Y Oliver

Y Guhl

EX Perdue

Y Harbison

Y Price,R

Henson

Y Price,T

On the passage of the bill, the yeas were 46, nays 0.

Y Ragan Y Ralston Y Ray Y Roberts Y Scott
Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D EX Thomas,N Y Thompson Y Turner Y Tysinger EX Walker

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

Senator Fort of the 39th 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.

The Calendar was resumed.

HB 1202. By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualifying fees, so as to provide that for certain offices, the qualifying fee shall be based on the minimum salary mandated by general law.
Senate Sponsor: Senator Broun of the 46th.
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 1202:

A BILL
To be entitled an Act to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualification fees, so as to provide that for certain offices, the qualification fee shall be based on the minimum salary mandated by general law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualification fees, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office

1794

JOURNAL OF THE SENATE

to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office; provided, however, that for the offices of clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;".

SECTION 2.

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

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

The report of the committee, which was favorable to the passage of the bill by substitute, 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

EX 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

Langford

Egan

Y Madden

Y Fort

Y Marable

Gillis(PRS)

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

EX Perdue

On the passage of the bill, the yeas were 45, nays 0.

Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott
Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D EX Thomas.N Y Thompson Y Turner Y Tysinger EX Walker

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

HB 1496. By Representatives Harbin of the 113th, Shipp of the 38th and Parsons of the 40th:
A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to impose the requirement that in order to be licensed or to have a license renewed, an out-of-state mortgage broker must have a physical presence in Georgia if its home state so requires.
Senate Sponsor: Senator Roberts of the 30th.

WEDNESDAY, MARCH 18, 1998

1795

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

Y Abernathy

Y Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

Crotts

Y Land

Y Dean

Y Langford

Egan

Y Madden

Y Fort

Y Marable

Gillis(PRS)

Middleton

Y Glanton

Y Oliver

Y Gochenour

EX Perdue

On the passage of the bill, the yeas were 45, 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 EX Thomas,N Y Thompson Y Turner Y Tysinger EX Walker

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

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.
Senate Sponsor: Senator Ralston of the 51st.
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 1364:

A BILL
To be entitled an Act to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change the definitions of certain terms; to define additional terms; to change the provisions relating to preparation of proposed budgets; to change the provisions relating to adoption of budget ordinances or resolutions; to provide for certification of certain grants; to provide for powers, duties, and authority of the state auditor with respect to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended by striking Code Section 36-81-2, re-

1796

JOURNAL OF THE SENATE

lating to definitions, and inserting in its place a new Code Section 36-81-2 to read as follows:
"36-81-2.
As used in this article, the term:
(1) 'Budget' means a piupused plan fui laifeing and spending muae> fui specified pi ugi anib, functions, and activities duinig a fiscal yvm a plan of financial operation embodying an estimate of proposed expenditures during a budget period and the proposed means of financing them. The budget shall be prepared and uigauized su
3.S Clc&rly tO i'etlcut aCtlVlticS, |Ji'u^iL&ill!S, ftnu. rUHCtlOHS OV ILiiluOr i U.1lu.S .
(2) 'Budget officer' means that local government official charged with budget preparation; and administration, and fiscal cuiitiul for the local government. The official title of the local government budget officer shall be as provided by local law, charter, ordinance, or appropriate resolution of the governing authority.
(3) 'Budget ordinance,' 'ordinance,' or 'resolution' means that governmental action which appropriates revenues and fund balances for specified purposes, functions, or activities for a fiscal yeai budget period. The budget utdiuaiice ui lu&ulutiuu shall
rtJJjJi'u^rifltt! rcVcil U-tJB U^ lllllu..
(4) 'Budget period' means the period for which a budget is proposed or a budget ordinance or resolution is adopted.
(5) 'Capital projects fund' means a fund used to account for financial resources to be used for the acquisition or construction of major capital facilities other than those financed by resources from proprietary type activities which are accounted for in enterprise funds or those financed with funds held by the local government in a trustee capacity.
(6) 'Debt service fund' means a fund used to account for the accumulation of resources for and the payment of general long-term debt principal and interest.
(7) 'Enterprise fund' means a fund used to account for operations that are financed and operated in a manner similar to private business enterprises where the intent of the governing authority is that the costs of providing goods and services to the general public on a continuing basis be financed or recovered primarily through user charges or where the governing authority has decided that periodic determination of revenues earned, expenses incurred, or net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes. For purposes of this paragraph, the term 'costs' means expenses, including depreciation.
(8) 'Fiduciary fund' means those trust and agency funds used to account for assets held by a local government in a trustee capacity or as an agent for individuals, private organizations, other governmental units, or other funds.
'Fiscal year' ui 'budget yeai' means the period for which a budget is proposed or a budget ordinance or resolution is adopted for the local government's general fund, each special revenue fund, if any, and each debt service fund, if any.
ffr)(10) 'Fund' means a fiscal and accounting entity with a self-balancing set of accounts recording cash and other financial resources, together with all related liabilities and residual equities or balances, and changes therein, which is segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations.

WEDNESDAY, MARCH 18, 1998

1797

(11) 'General fund' means the fund used to account for all financial resources except those required to be accounted for in another fund.
f6M12) 'Governing authority means that official or group of officials responsible for governance of the unit of local government.
(13) 'Internal service fund' means a fund used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the governmental unit or to other governmental units on a cost-reimbursement basis.
(14) 'Legal level of control' means the lowest level of budgetary detail at which a local government's management or budget officer may not reassign resources without approval of the governing authority. The legal level of control shall be, at a minimum, expenditures for each department for each fund for which a budget is required. This does not preclude the governing authority of a local government from establishing a legal level of control at a more detailed level of budgetary control than the minimum required legal level of control.
(15) 'Special revenue fund' means a fund used to account for the proceeds of specific revenue sources, other than those for major capital projects or those held by the government in a trustee capacity, that are legally restricted to expenditure for specified purposes.
ffl(16) 'Unit of local government,' 'unit,' or 'local government" means a municipality, county, consolidated city-county government, or other political subdivision of the state. Such terms do not include any local school district or board of education. For purposes of this paragraph, 'county" includes any county officer who is paid in whole or in part on a salary basis and over whom the county governing authority exercises budgetary authority."
SECTION 2.
Said article is further amended by striking Code Section 36-81-3, relating to adoption of budget ordinances or resolutions, and inserting in its place a new Code Section 36-81-3 to read as follows:
"36-81-3.
(a) The governing authority shall establish by ordinance, local law, or appropriate resolution a fiscal year for the operations of the local government.
V.LV Ijjauii um L ul luuul {^uvciiiiiieiiL Bliall u^ciaLc IAIIIIOI TH 11111 uftl Ljaiciiiucil UuugcL
auu^iLcu \jy oi'iliiieuiuc \ji 1 covjluLiun euiu ftuiiiiiiiatcicLl ill etui^ui Umuc wiLli Lliis &1 Liulc. A
UUuj^cL ui liiudiM^c OT icbOluLiuii IS Lmlaiii^u w lien Llic S
miu appi upi lalcu luiiu balances is ci^ua! tu appiupiialiuiia.
(b)(l) Each unit of local government shall adopt and operate under an annual balanced budget for the general fund, each special revenue fund, and each debt service fund in use by the local government. The annual balanced budget shall be adopted by ordinance or resolution and administered in accordance with this article.
(2) Each unit of local government shall adopt and operate under a project-length balanced budget for each capital projects fund in use by the government. The project-length balanced budget shall be adopted by ordinance or resolution in the year that the project initially begins and shall be administered in accordance with this article. The project-length balanced budget shall appropriate total expenditures for the duration of the capital project.

1798

JOURNAL OF THE SENATE

(3) A budget ordinance or resolution is balanced when the sum of estimated revenues and appropriated fund balances is equal to appropriations.
(4) Nothing contained in this Code section shall preclude a local government from adopting a budget for any funds used by the local government other than those specifically identified in paragraphs (1) and (2) of this subsection, including enterprise funds, internal service funds, and fiduciary funds.
(c) For each fiscal year beginning on or after January 1, 1982, each unit of local government shall adopt and utilize a budget ordinance or resolution as provided in this article.
(d) Nothing contained in this Code section shall preclude a local government from amending its budget so as to adapt to changing governmental needs during the fiscal year budget period. Amendments shall be made as follows, unless otherwise provided by charter or local law:
(1) Any increase in appropriation in any fund fui a depai Liueul uf at the legal level of control of the local government, whether accomplished through a change in anticipated revenues in any fund or through a transfer of appropriations among departments, shall require the approval of the governing authority. Such amendment shall be adopted by ordinance or resolution; and
(2) Transfers of appropriations in any fund among the vaiiuus accounts within a depal UneiiL uf local guveiimmnt within any fund below the local government's legal level of control shall require only the approval of the budget officei, except that
Lictiiolcis ul appiupiiixtiuiis witlini a ucpaxtiiiciiL ul lutm guvciiiinciit wliidi lilCieaoco
tiic oalcu^y appiu^jiiatiun sliall ici^unc tlic appiuval ui tlic guvciiinig autliuiit^y.; and
(3) The governing authority of a local government may amend the legal level of control to establish a more detailed level of budgetary control at any time during the budget period. Said amendment shall be adopted by ordinance or resolution.
(e) The Department of Community Affairs, in cooperation with the Association County Commissioners of Georgia and the Georgia Municipal Association, shall develop local government uniform charts of accounts. The uniform charts of accounts, including any subsequent revisions thereto, shall require approval of the state auditor prior to final adoption by the Department of Community Affairs. All units of local government shall adopt and use such initial uniform charts of accounts within 18 months following adoption of the uniform charts of accounts by the Department of Community Affairs. The department shall adopt the initial local government uniform charts of accounts no later than December 31, 1998. The department shall be authorized to grant a waiver delaying adoption of the initial uniform charts of accounts for a period of time not to exceed one year upon a clear demonstration that conversion of the accounting system of the requesting local government, within the time period specified in this subsection, would be unduly burdensome.
(f) The department's implementation of subsection (e) of this Code section shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 3.
Said article is further amended by striking Code Section 36-81-5, relating to preparation of the proposed budget, and inserting in its place a new Code Section 36-81-5 to read as follows:

WEDNESDAY, MARCH 18, 1998

1799

"36-81-5.
(a) By the date established by each governing authority, in such manner and form as may be necessary to effect this article, and consistent with the local government's accounting system, the budget officer shall prepare a proposed budget for the local government for the ensuing fiscal year budget period.
(b) The proposed budget shall, at a minimum, be an estimate of the financial requirements uf each derailment ui1 agency, by fund, at the legal level of control for each fund requiring a budget for the appropriate budget period year and shall be in such form and detail, with such supporting information and justifications, as may be prescribed by the budget officer or the governing authority. The budget document, at a minimum, shall provide, for the appropriate budget period, a statement of the amount budgeted for anticipated revenues by categmy source and the amount budgeted for expenditures by ualeguiy fur the cui'reiil yeai, including budget amendments, and Hie
aiiLicipatcu icvcnutJD eiilu piuyut;u cji.^ic;iiuituicS lui llie piupOscu uuu^ct yceu. at the
legal level of control. In accordance with the minimum required legal level of control, the budget document shall, at a minimum, provide a statement of the amount budgeted for expenditures by department for each fund for which a budget is required. This does not preclude the governing authority of a local government from preparing a budget document or establishing a legal level of control at a more detailed level of budgetary control than the minimum required legal level of control.
(c) On the date established by each governing authority, the proposed budget shall be submitted to the governing authority for that body's review prior to enactment of the budget ordinance or resolution.
(d) On the day that the proposed budget is submitted to the governing authority for consideration, a copy of the budget shall be placed in a public location which is convenient to the residents of the unit of local government. The governing authority shall make every effort to provide convenient access to the residents during reasonable business hours so as to accord every opportunity to the public to review the budget prior to adoption by the governing authority. A copy of the budget shall also be made available, upon request, to the news media.
(e)(l) At the Lime uf submission uf the budget to the governing authority, a A statement advising the residents of the local unit of government of the availability of the proposed budget shall be published in a newspaper of general circulation in the lucal tnrit within the jurisdiction of the governing authority. The notice shall be published during the week in which the proposed budget is submitted to the governing authority. In addition, the statement shall also advise the residents that a public hearing will be held at which time any persons wishing to be heard on the budget may appear. The
by subsection (f) of this Cuue section. The statement shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear.
\i) 11 Llic s Lilt611idit ici^tlll'feu. ijy jJtii tigi tt^jli (,-LJ ui tilis ou-UriticLiun uGeS ilGt ^ivc iiGtlCc
GI til6 Liiiie clllCl pltiCc ui tll6Duu^Jct liticil'iii^j tlleiitil6 St<It6rnei.il/ B 116111 elClvise Llic 1'e-
sideiilb uf tlm lucal unit uf government thai the budget heaiiiig shall be held al a fu-
Luxe Cltltc ctiiil iiutiCe Hiid11 Lie ^IVcll ^ji'iui' tG til6 tjuu^et lle<H*liij:J.XlllS llGuiCt; Sll3.ll t)6
pu jjllSlleu3T leitSt c!6V6ii Clfcl^S D6Ioilu tile uUu.^t;L lle&i'lll^ IS lielu 3.110. Sll&ll uuin^jly
with the publication lequiieineiilfe uf paiagiaph (1) of this subsection.

1800

JOURNAL OF THE SENATE

(f) At least one week prior to the meeting of the governing authority at which adoption of the budget ordinance or resolution will be considered, the governing authority shall conduct a public hearing, at which time any persons wishing to be heard on the budget may appear.
(g)(l) The governing authority shall give notice of the time and place of the budget hearing required by subsection (f) of this Code section at least one week before the budget hearing is held. The notice shall be published in a newspaper of general circulation within the jurisdiction of the governing authority. The statement shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear.
(2) The notice required by paragraph (1) of this subsection may be included in the statement published pursuant to subsection (e) of this Code section in lieu of separate publication of the notice.
(h) Nothing in this Code section shall be deemed to preclude the conduct of further budget hearings if the governing body deems such hearings necessary and complies with the requirements of subsection (e) of this Code section."
SECTION 4.
Said article is further amended by striking Code Section 36-81-6, relating to adoption of budget ordinances or resolutions, and inserting in its place a new Code Section 36-81-6 to read as follows:
"36-81-6.
(a) On a date after the conclusion of the hearing required in subsection (f) of Code Section 36-81-5, the governing authority shall adopt a budget ordinance or resolution making appropriations foi the fiisual yeai in such sums as the governing authority may deem sufficient, whether greater or less than the sums presented in the proposed budget. The budget ordinance or resolution shall be adopted at a public meeting which shall be advertised in accordance with the procedures set forth in subsection (e) of Code Section 36-81-5 at least one week prior to the meeting.
(b) The budget may be prepared in any form that the governing authority deems most efficient in enabling it to make the fiscal policy decisions embodied in the budget, but such budget shall sliuvv anticipated revenues and appiupnaliuiis by fund be subject to the provisions of this article."
SECTION 5.
Said article is further amended by adding a new Code section immediately following Code Section 36-81-8, to be designated Code Section 36-81-8.1, to read as follows:
"36-81-8.1.
On and after January 1, 1999, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. The form shall be designed by the state auditor and shall be distributed with each covered grant as required by this Code section. The grant certification form shall require the certification by the local government and by the local government auditor that the grant funds were used solely for the express purpose or purposes for which the grant was made. Such form shall be filed with the state auditor in conjunction with the annual audit required under Code Section 36-81-7 for each year in which such grant funds are expended or remain unexpended by the local government. The failure to comply with the requirements of this Code section shall result in a forfeiture

WEDNESDAY, MARCH 18, 1998

1801

of such grant and the return to the state of any such grant funds which have been received by the local government."

SECTION 6.

This Act shall become effective on July 1, 1998.

SECTION 7.

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 Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

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

Egan

Y Madden

Fort

Y Marable

Gillis(PRS)

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

EX Perdue

On the passage of the bill, the yeas were 48, nays 0.

Y Price,R Y Price,T
Ragan Ralston Ray Roberts Scott Starr Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger EX Walker

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

HB 1450. By Representatives Smith of the 169th, Sims of the 167th, Mosley of the 171st and others:

A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to declare the first week in February of each year as "Home Education Week" in Georgia.

Senate Sponsor: Senator Marable of the 52nd.

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

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

Abernathy Y Balfour Y Blitch

Y Boshears Y Bowen Y Broun, 46th

Y Brown, 26th Y Brush Y Burton

1802

JOURNAL OF THE SENATE

Y Cagle

Y Huggins

Y Cheeks

EX James

Y Clay

Y Johnson,D

Y Crotts

Y Johnson,E

Y Dean

Y Kemp

Y Egan

Y Lamutt

Y Fort

Y Land

Gillis(PRS)

Y Langford

Y Glanton

Y Madden

Y Gochenour

Y Marable

Y Griffin

Y Middleton

Guhl

Y Oliver

Y Harbison

EX Perdue

Y Henson

Y Price,R

Y Hill

Y Price.T

EX Hooks

Y Ragan

On the passage of the bill, the yeas were 48, nays 0.

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 EX Walker

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

HB 1621. By Representative Jamieson of the 22nd:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the impositions, rate, and computation of income tax, so as to provide for a tax credit with respect to purchasing or retrofitting certain single-family homes with accessibility features.
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

Y Balfour

Y Guhl

Y Blitch Y Boshears

Y Harbison Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush Y Burton

EX James Y Johnson,D

Y Cagle

Y Johnson,E

Y Cheeks

Y Kemp

Y Clay

Y Lamutt

Crotts Dean

Y Land Y Langford

Y Egan

Y Madden

Y Fort

Marable

Gillis(PRS)

Y Middleton

Y Glanton Y Gochenour

Y Oliver EX Perdue

On the passage of the bill, the yeas were 44, nays 0.

Y Price,R Y Price.T
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 Tysinger EX Walker

WEDNESDAY, MARCH 18, 1998

1803

The bill, having received the requisite constitutional majority, was passed.
The President resumed the Chair.
HB 1410. By Representative Barnes of the 33rd:
A bill to amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, so as to add provisions relating to hepatitis C. protection.
Senate Sponsor: Senator Henson of the 55th.
Senators Madden of the 47th and Langford of the 29th offered the following amendment:
Amend HB 1410 by inserting "amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to require governmental entities to furnish certain evaluations or reports regarding their law enforcement officers to those law enforcement officers or health care providers designated by such law enforcement officers; to provide for immunity from liability; to preserve certain rights and obligations; to" following "To" on line 1 of page 1.
By redesignating Sections 1 through 4 as Sections 2 through 5, respectively, and by inserting between lines 8 and 9 of page 1 the following:
"SECTION 1.
Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, is amended by adding at the end a new Code section to read as follows:
'31-33-7.
(a) Notwithstanding the provisions of Code Section 31-33-4, if a law enforcement officer employed by a governmental entity is required to submit to a psychological or psychiatric examination for the purpose of assessing the law enforcement officer's fitness for duty, employment status, or assignment of duties, then, upon the written request of the law enforcement officer, the employer shall furnish to the law enforcement officer a complete copy of the evaluation or report.
(b) Any employer or health care provider furnishing or making a report or evaluation in good faith pursuant to the provisions of this Code section shall not be civilly or criminally liable to the law enforcement officer or any other person for furnishing or making such report or evaluation.'".
On the adoption of the amendment, the yeas were 36, nays 0, and the Middleton, Langford amendment was adopted.
Senator Ragan of the llth offered the following amendment:
Amend HB 1410 by inserting on page 2, line 28 after the word "firelighter.": Therapeutically licensed optometrists who have been exposed to hepatitis B or hepatitis C shall be vaccinated for protection against hepatitis B and screened for hepatitis C and may prescribe and administer all oral and topical pharmaceutical agents rational to the diagnosis and treatment of diseases and conditions of the eye and adnexa oculi except those listed as schedule I and II controlled substances.
Senator Cheeks of the 23rd requested a ruling by the Chair on the germaneness of the Ragan amendment.
The President ruled the amendment not germane.

1804

JOURNAL OF THE SENATE

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

Y Abernathy

Y Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

Crotts

Y Land

Y Dean

Y Langford

Y Egan

Y Madden

Fort

Y Marable

Y Gillis

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

EX 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 Y Starr Y Stokes
Streat Y Tanksley Y Taylor Y Thomas.D
Thomas ,N Y Thompson Y Turner Y Tysinger EX Walker

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Cagle of the 49th moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 32, nays 1; the motion prevailed, and Senator Middleton was excused.
Senator Gillis of the 20th assumed the Chair.
The Calendar was resumed.

HB 1603. By Representative Royal of the 164th:
A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation, so as to change certain provisions with respect to the effective date of annexation.
Senate Sponsor: Senator Ray of the 48th.
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 1603:

A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions with respect to the effective date of annexation; to add a provision relating to resolution of land use classification disputes; to require initiation of zoning procedures prior to the effective date of annexation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, MARCH 18, 1998

1805

SECTION 1.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-36-2, relating to the effective date of annexation, and inserting in its place a new Code Section 36-36-2 to read as follows:
"36-36-2.
(a) Except as provided in subsection (b) (c) of this Code section, all annexation other than by local Act shall become effective for ad valorem tax purposes on December 31 of the year during which such annexation occurred and for all other purposes shall become effective on the first day of the month following the month during which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met.
(b) Except as provided in subsection (c) of this Code section, annexation by local Act shall become effective for ad valorem tax purposes on December 31 of the year in which such local Act is approved by the Governor or becomes law without such approval and for all other purposes shall become effective at the time such local Act becomes effective or such later date as provided in such local Act.
(fa)(c) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment."
SECTION 2.
Said title is further amended by adding at the end of Article 1 of Chapter 36 thereof, relating to general annexation provisions, a new Code section to read as follows:
"36-36-11.
(a) As used in this Code section, the term 'bona fide land use classification objection' means an objection to a proposed change in land use which results in a substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use.
(b) On or after July 1, 1998, an annexation shall not be effective until any bona fide land use classification objections raised by the county relative to the area to be annexed are resolved pursuant to the dispute resolution process required by subparagraph (C) of paragraph (4) of Code Section 36-70-24."
SECTION 3.
Said title is further amended by striking in its entirety paragraph (1) of subsection (d) of Code Section 36-66-4, relating to zoning for property proposed for annexation, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Such municipal local government may begin shall complete the procedures required by this chapter for such zoning, except for the final vote of the municipal governing authority, prior to adoption of the annexation ordinance or resolution or the effective date of any local Act but no sooner than al any time uii or after the date the notice of the proposed annexation is provided to the governing authority of the county as required under Code Section 36-36-6;".
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.

1806

JOURNAL OF THE SENATE

On the adoption of the substitute, the yeas were 29, nays 2, 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

EX 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

Langford

Y Egan

Y Madden

Y Fort

Y Marable

Gillis(PRS)

EX Middleton

Y Glanton

Y Oliver

Y Gochenour-

EX Perdue

On the passage of the bill, the yeas were 46, nays 0.

Y Price,R Y Price,T Y Ragan
Ralston Y Ray Y Roberts Y Scott Y Starr Y Stokes
Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner Y Tysinger EX Walker

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

HB 1238. By Representatives McKinney of the 51st and Brooks of the 54th:

A bill to amend an Act re-creating a system of state courts of limited jurisdic-

tion for each city of this state having a population of 300,000 or more accord-

ing to the United States decennial census of 1990 or any future such census,

so as to provide for conditions for the appointment of judges pro hac vice for

such courts.

*

Senate Sponsor: Senator Oliver of the 42nd.

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

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

Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th
Brown, 26th Y Brush Y Burton Y Cagle

Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort
Gillis(PRS) Y Glanton Y Gochenour

Y Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins EX James Y Johnson ,D Y Johnson.E

WEDNESDAY, MARCH 18, 1998

1807

Y Kemp

Y Price,R

Y Lamutt

Y Price,T

Y Land

Y Ragan

Y Langford

Y Ralston

Y Madden

Y Ray

Y Marable

Y Roberts

Y Middleton

Y Scott

Y Oliver

Y Starr

EX Perdue

Y Stokes

On the passage of the bill, the yeas were 50, nays 0.

Y Streat Y Tanksley Y Taylor Y Thomas.D Y Thomas,N Y Thompson Y Turner Y Tysinger EX Walker

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

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.
Senate Sponsor: Senator Crotts of the 17th.
The Senate Committee on Transportation offered the following substitute to HB 1304:

A BILL
To be entitled an Act 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; to change the provisions relating to certain signage adjacent to an interstate highway; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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 32-673, is amended by striking in their entirety paragraphs (14) and (18) of subsection (a) and inserting in lieu thereof new paragraphs (14) and (18) to read as follows:
"(14) Is within 500 feet in any direction of a public park, public playground, public recreation area, public forest, scenic area, or cemetery; provided, however, that such sign may be located within 500 feet of a public park, public playground, public recreation area, public forest, scenic area, or cemetery when the sign is separated by buildings or other obstructions so that the sign located within the 500 foot zone is not visible from the public park, public playground, public recreation area, public forest, scenic area, or cemetery;"
"(18) Is located outside of the corporate limits of a municipality and adjacent to an interstate highway within 500 feet of an interchange, intersection at grade, or safety rest area. The foregoing 500 foot zone shall be measured along the interstate highway from the point at which the pavement commences or ceases to widen at exits from or entrances to the main traveled way. In circumstances where both the exit and entrance ramps on one side of an interchange constitute continuous lanes of

1808

JOURNAL OF THE SENATE

travel to the exit and entrance ramps of the adjacent interchange, this side of the interchange shall be treated as if no ramps exist and the foregoing 500 foot zone on this side of the interchange shall be measured from the survey centerline of the main traveled way and crossroad forming the interchange or intersecting road. In all circumstances where this definition conflicts with any agreement with the United States secretary of transportation pursuant to Code Section 32-6-87, said agreement shall be deemed to control for purposes of this Code section;"

SECTION 2.

This Act shall become effective on July 1, 1998, and shall apply to signs erected on and after that date.

SECTION 3.

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

On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted.

Senator Cheeks of the 23rd moved that he be excused from voting on HB 1304 pursuant to Senate Rule 175. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Cheeks was excused from voting.

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

EX Hooks

Brown, 26th

Y Huggins

Y Brush

EX James

Y Burton

Y Johnson,D

Y Cagle

Y Johnson,E

EX Cheeks

N Kemp

Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

Y Langford

Egan

Y Madden

Y Fort

Y Marable

Gillis(PRS)

Middleton

Y Glanton

Y Oliver

Y Gochenour

EX Perdue

On the passage of the bill, the yeas were 43, nays 1.

Y Price,R Y Price,T
Ragan Y Ralston
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 EX Walker

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

HB 1696. By Representative Shanahan of the 10th:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how mechanics and materialmen liens are declared and ere-

WEDNESDAY, MARCH 18, 1998

1809

ated, so as to provide that failure to execute a notice of lien shall be an amendable defect.
Senate Sponsor: Senator Ray of the 48th.
The Senate Committee on Judiciary offered the following substitute to HB 1696:
A BILL
To be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide that failure to execute a notice of lien shall be an amendable defect; to provide a process to void of record such liens which have not been perfected as required by statute; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, is amended by striking paragraph (3) of subsection (a) of Code Section 44-14-361.1 and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) The commencement of an action for the recovery of the amount of his the party's claim within 12 months from the time the same shall become due. In addition, within 14 days after filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by rris such party's attorney of record, but failure to execute the notice under oath shall be an amendable defect which may be cured by the party claiming the lien or by such party's attorney without leave of court at any time before entry of the pretrial order and thereafter by leave of court. An amendment of notice pursuant to this Code section shall relate back to the date of filing of the notice. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and".
SECTION 2.
Said part is further amended by adding at the end of said part a new Code section to read as follows:
"44-14-367.
(a) In the event no notice is filed with the clerk of the superior court as is required by paragraph (3) of subsection (a) of Code Section 44-14-361.1 within 14 months from the time the claim became due, the owner of the real estate improved may file with the clerk of the superior court in the county in which the property is located a request to

1810

JOURNAL OF THE SENATE

have the lien marked void of record. Said request shall be accompanied by an affidavit from an attorney licensed to practice law in Georgia that certifies the attorney has searched the superior court records in the county in which the property is located, that according to information received from the superior court clerk's office the indexes of real property transactions are current through a date more than 12 months from the date the lien claimant's claim became due, and that the records do not reflect that notice has been filed as is required by this Code section. A copy of said request shall be forwarded by the owner to the lien claimant by registered or certified mail to the address specified in the original filing for record of his or her claim of lien prior to filing the request, and a copy of the return receipt showing that the lien claimant has received a copy of the request shall be filed with the superior court clerk at the time the request is filed. If the lien claimant is no longer at the address specified in his or her original claim of lien and the owner cannot reasonably locate the lien claimant, the owner may file an affidavit so stating in lieu of a return receipt. The lien claimant shall have 30 days from the date of the filing of the request with the superior court clerk to object in writing to the request on the basis that the proper notice was timely filed. A copy of the objection shall be sent to the owner by registered or certified mail at the time the lien claimant files such objection with the superior court clerk. If the lien claimant so objects, the clerk shall not mark the lien void and either party may seek relief in the superior court through a declaratory judgment action. In the event no objection is filed with the superior court clerk within 30 days after the filing of the request, the superior court clerk is directed to release any bond filed and to mark the lien void of record by writing or marking on said lien the following language:
'This lien is void of record pursuant to Code Section 44-14-367 of the Official Code of Georgia Annotated.'
(b) Subsection (a) of this Code section shall not be construed to prevent any interested party from seeking judicial relief at any time based upon allegations that a claim of lien is void as a matter of law for failure to comply with the requirements of this part or from seeking the release of any bond filed pursuant thereto. Further, subsection (a) of this Code section shall not extend the legal effect of any claim of lien which is otherwise void due to the failure of the lien claimant to comply with the requirements of this part."
SECTION 3.
This Act shall become effective on July 1, 1998. Section 2 of this Act shall apply to liens created on or after July 1, 1998, and Section 1 of this Act shall apply to claims of lien filed on or after July 1, 1998.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Ray of the 48th offered the following amendment:
Amend the committee substitute to HB 1696 by striking line 16 of page 3, and inserting in its place the following:
directed, upon subsequent request of the owner of the real estate, to release any bond filed and to mark the lien
On the adoption of the amendment, the yeas were 32, nays 0, and the Ray amendment to the committee substitute was adopted.

WEDNESDAY, MARCH 18, 1998

1811

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by 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

EX Hooks

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

Gillis(PRS)

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

EX 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 Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Thomas,N Y Thompson Y Turner Y Tysinger EX Walker

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

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

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

SB 660. By Senators Abernathy of the 38th, Oliver of the 42nd, Starr of the 44th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to expand the circumstances when the court is authorized to order counseling or counsel and advice; to correct a cross reference; to provide for custody orders to last until the child's 18th birthday in certain circumstances.

1812

JOURNAL OF THE SENATE

The Calendar was resumed.
HB 1747. By Representatives Benefield of the 96th, Hudson of the 156th and Porter of the 143rd:
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 of the department of transportation generally; to change certain provisions relating to powers of counties; to change certain provisions relating to powers of municipalities.
Senate Sponsor: Senator Thompson of the 33rd.
Senator Dean of the 31st offered the following amendment:
Amend HB 1747 by inserting on line 6 of page 1, immediately after the word and symbol "municipalities;" the following:
"to change provisions relating to uniform regulations governing erection and maintenance of traffic-control devices;".
By inserting between lines 35 and 36 of page 2 the following:
"SECTION 4.
Said chapter is further amended by deleting in its entirety subsection (c) of Code Section 32-6-50, relating to uniform regulations governing erection and maintenance of trafficcontrol devices, and substituting in lieu thereof the following:
'(c) In conformity with the uniform regulations of the department, counties and municipalities shall place and maintain upon the any public roads of their respective public road systems classified by the department as major thoroughfares such traffic-control devices as are necessary to regulate, warn, or guide traffic except that counties and municipalities also shall erect and maintain a sign for each railroad crossing at grade on their respective county road or municipal street systems, warning motorists of such crossing. Furthermore, each railroad company shall erect and maintain a railroad crossbuck sign on its right of way at all such crossings. The placement and maintenance of traffic-control devices by counties and municipalities on other roads and streets in the county or municipal road systems shall conform to uniform regulations of the department promulgated by the department no later than December 31, 1998, which address the specific characteristics of such other roads and streets.'"
By redesignating Sections 4, 5, 6, and 7 as Sections 5, 6, 7 and 8, respectively.
Senators Oliver of the 42nd, Tanksley of the 32nd, Blitch of the 7th and others offered the following amendment:
Amend HB 1747 by inserting immediately after the semicolon on line 2 of page 2 the following:
"provided, however, that preconstruction or construction activities for the Outer Perimeter identified by paragraph (14) of subsection (a) of Code Section 32-4-22 shall not be authorized under this paragraph until the department has certified that those road corridors of the Developmental Highway System identified by paragraphs (1) through (13) and paragraph (16) of subsection (a) of Code Section 32-4-22 have been completed and that the road corridors identified by paragraph (16) of subsection (a) of Code Section 32-4-22 include a road linking 1-75 with SR 316 in a corridor located within five miles of SR 20 and having interchanges only at 1-75, 1-575, SR 400, 1-985, 1-85, and

WEDNESDAY, MARCH 18, 1998

1813

SR 316 with isolated integral service facilities for the sale of food and fuel no closer than 20 miles apart;'".
Senator Langford of the 29th requested a ruling by the Chair on the germaness of the Oliver, et al. amendment.
The President ruled the amendment germane.
Senator Thompson of the 33rd moved the previous question. On the motion, which takes precedence, the yeas were 34, nays 2; the motion prevailed, and the previous question was ordered.
Senator Price of the 56th moved that Senator Henson of the 55th be excused. On the motion, the yeas were 31, nays 2; the motion prevailed, and Senator Henson was excused.
On the adoption of the amendment, the yeas were 33, nays 1, and the Dean amendment was adopted.
On the adoption of the Oliver, et al. amendment, Senator Oliver of the 42nd called for the yeas and nays. The call was sustained and the vote was as follows:

Y Abernathy

N Griffin

N Price,R

N Balfour

N Guhl

Price,T

Y Blitch

Y Harbison

N Ragan

Y Boshears

EX Henson

N Ralston

N Bowen

N Hill

N Ray

N Broun, 46th

EX Hooks

N Roberts

Y Brown, 26th

N Huggins

Y Scott

N Brush

Y James

N Starr

Y Burton

Y Johnson,D

Y Stokes

N Cagle

N Johnson,E

N Streat

N Cheeks

Y Kemp

Y Tanksley

N Clay

N Lamutt

Y Taylor

N Crotts

N Land

N Thomas.D

N Dean

N Langford

N Thomas,N

Y Egan

N Madden

N Thompson

Y Fort

N Marable

Y Turner

Gillis(PRS)

N Middleton

Y Tysinger

N Glanton

Y Oliver

EX Walker

N Gochenour

EX Perdue

On the adoption of the amendment, the yeas were 18, nays 32, and the Oliver, 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:

Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th
Brown, 26th Y Brush

Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort

Gillis(PRS) Glanton Y Gochenour Y Griffin Y Guhl Y Harbison EX Henson Y Hill

1814

JOURNAL OF THE SENATE

EX Hooks Y Huggins

Y Middleton Y Oliver

Y James Y Johnson,D

EX Perdue Y Price,R

Y Johnson,E

Y Price,T

Y Kemp

Y Ragan

Y Lamutt Y Land Y Langford

Y Ralston Y Ray Y Roberts

Y Madden Y Marable

Y Scott Y Starr

On the passage of the bill, the yeas were 46, nays 0.

Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas.N Y Thompson Y Turner Y Tysinger EX Walker

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

HB 1499. By Representative Barnes of the 33rd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to provide that certain records which would reveal certain information concerning law enforcement officers, members of their families, or their dependents shall not be subject to disclosure.
Senate Sponsor: Senator Oliver of the 42nd.

The Senate Judiciary Committee offered the following amendment:
Amend HB 1499 by inserting on line 5 of page 1 immediately following the word and symbol "judges," the following:
"correctional employees,".
By inserting on line 30 of page 4, immediately following the word and symbol "judges," the following:
"correctional employees,".
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.

Senators Thompson of the 33rd and Johnson of the 1st offered the following amendment:
Amend HB 1499 by inserting on line 5 of page 1 immediately following the word and symbol "officers," the following:
"scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation,".
By inserting on line 30 of page 4, immediately following the word and symbol "judges," the following:
"scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation,".
On the adoption of the amendment, the yeas were 30, nays 0, and the Thompson, Johnson of the 1st amendment was adopted.

WEDNESDAY, MARCH 18, 1998

1815

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

Y Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

EX Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

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

Middleton

Y Glanton

Y Oliver

Y Gochenour

EX 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 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 as amended.

HB 1274. By Representative Powell of the 23rd:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, so as to provide exemptions to the requirement to disclose certain information when such disclosure is prohibited by or constitutes a violation of federal or state laws or regulations.
Senate Sponsor: Senator Johnson of the 1st.
The Senate Committee on Judiciary offered the following substitute to HB 1274:

A BILL
To be entitled an Act to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, so as to provide exemptions to the requirement to disclose certain information when such disclosure is prohibited by or constitutes a violation of federal or state laws or regulations; to provide that no disclosure of information regarding certain prior criminal activity of certain individuals is required; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, is amended by striking in its entirety Code Section 44-1-16,

1816

JOURNAL OF THE SENATE

relating to disclosures in real estate transactions, and inserting in lieu thereof a new Code Section 44-1-16 to read as follows:
"44-1-16.

(a)(l) No cause of action shall arise against an owner of real property or the agent of such owner for the failure to disclose in any real estate transaction the fact or suspicion that such property:
ffl(A) Is or was occupied by a person who was infected with a virus or any other disease which has been determined by medical evidence as being highly unlikely to be transmitted through the occupancy of a dwelling place presently or previously occupied by such an infected person; or

f2XB) Was the site of a homicide or other felony or a suicide;
provided, however, an owner or the agent of such owner shall, except as provided in paragraph (2) of this subsection, answer truthfully to the best of such owner's or agent's knowledge; any question concerning the provisions of paiagiaph (1) m (2) uf this Cude beuliuii subparagraph (A) or (B) of this paragraph.
(2) An owner or agent of such owner shall not be required to answer any question if answering such question or providing such information is prohibited by or constitutes a violation of any federal or state law or rule or regulation, expressly including without limitation the federal Fair Housing Act as now or hereafter amended or the state's fair housing law as set forth in Code Section 8-3-200 through Code Section 83^223?
(b) No cause of action shall arise against an owner of real property or the agent of such owner for the failure to disclose in any real estate transaction any information or fact which is provided or maintained or is required to be provided or maintained in accordance with Code Section 42-9-44.1."
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 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:

Abernathy Y Balfour
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

EX Henson Y Hill EX Hooks Y Huggins Y James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford

WEDNESDAY, MARCH 18, 1998

1817

Y Madden

Y Ralston

Y Marable

Y Ray

Y Middleton

Y Roberts

Oliver

Y Scott

EX Perdue

Starr

Y Price,R

Y Stokes

Y Price,T

Y Streat

Y Ragan

Tanksley

On the passage of the bill, the yeas were 45, nays 1.

Y Taylor Y Thomas.D
Thomas.N Y Thompson Y Turner Y Tysinger
Walker

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

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

SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its waste-water treatment system, water system, or sewer system, or any combination of such systems; to provide for the review of actions and documents relating to such leases or contracts by the State Water and Sewer Privatization Oversight Committee; to provide for the appointment of the members of the State Water and Sewer Privatization Oversight Committee; to provide for related matters; to prohibit the commencement of certain rock quarry operations under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations generally, is amended by adding immediately following Code Section 36-60-15 a new Code Section 36-60-15.1 to read as follows:
"36-60-15.1.
(a) Notwithstanding any provision of law to the contrary but subject to the review required by subsection (b) of this Code section, any county or municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 20 years to provide for the operation and maintenance of all or a portion of its waste-water treatment system, water system, or sewer system, or any combination of such systems.

1818

JOURNAL OF THE SENATE

(b) The governing authority of any county or municipal corporation of this state which exercises the authority granted by subsection (a) of this Code section shall communicate all significant actions taken and provide a copy of all significant documents prepared or received by such governing authority or its delegate in the course of entering into and administering such leases or contracts to the State Water and Sewer Privatization Oversight Committee for its review. Such actions and documents include, but are not limited to, the privatization plan; the proposed contract and related bid documents; notice of the issuance of bid documents to prospective contractors and of commencement of the bid process; copies of all proposals received in response to the bid documents; copies of draft contracts and correspondence related thereto exchanged between the governing authority or its delegate and any prospective contractor; copies of any additional documents from the governing authority or its delegate or any prospective contractor that the committee deems necessary or advisable to review; and a copy of the fully executed contract.
(c) There is created a State Water and Sewer Privatization Oversight Committee, hereinafter the 'committee,' consisting of the commissioner of the Department of Natural Resources, the commissioner of the Department of Administrative Services, and one appointee each of the Governor, Lieutenant Governor, and Speaker of the House of Representatives. The committee shall be formed by August 1, 1998. Within 30 days of its formation, the committee shall meet and adopt procedures for the accomplishment of its review of actions and documents pursuant to this Code section. The committee is authorized to utilize the facilities and personnel of the Department of Natural Resources for such purposes.
(d) Nothing in this Code section relating to the review of actions and documents by the State Water and Sewer Privatization Oversight Committee shall be construed to require the approval of such actions or documents by the committee or to limit the enforceability of leases or contracts entered into pursuant to subsection (a) of this Code section."
SECTION 1A.
Said chapter is further amended by inserting at the end thereof the following:
"36-60-19.
Any other provision of law to the contrary notwithstanding, if the director of the Environmental Protection Division of the Department of Natural Resources determines through scientific analysis that such a quarry location might have significant impact on the water system, no person may commence the operation of a limestone or dolostone rock quarry located in the Ridge and Valley Province as defined by the Physiographic Map of Georgia, W. Z. Clark and A. C. Zisa, 1976, and within eight miles of any well or spring accessing an underground source of water which provides water to any county or municipality in an amount of at least 50 percent of such county's or municipality's water supply or two million gallons per day, whichever is less."
SECTION 2.
(a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 1 of this Act shall become effective on July 1, 1998.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thomas of the 10th moved that the Senate agree to the House substitute.

WEDNESDAY, MARCH 18, 1998

1819

Senator Gillis of the 20th requested a ruling by the Chair on the germaneness ofSection 1A of the House substitute.
The President ruled Section 1A not germane. The effect of the President's ruling was that the Senate disagreed to the House substitute to SB 318. The Calendar was resumed.
HB 1404. By Representatives Benefield of the 96th and McCall of the 90th: 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.
Senate Sponsor: Senator Thompson of the 33rd.

Senator Thompson of the 33rd offered the following amendment: Amend HB 1404 by striking "17" and inserting in lieu thereof "18" on line 15 of page 1. By striking "Eight" and inserting in lieu thereof "Nine" on line 16 of page 1. By striking "eight" and inserting in lieu thereof "nine" on line 19 of page 1. By striking "and" at the end of line 3 on page 2. By striking "." and inserting in lieu thereof "; and" at the end of line 5 on page 2. By inserting "(I) The commissioner of community affairs, or such commissioner's designee." between lines 5 and 6 on page 2.
On the adoption of the amendment, the yeas were 36, nays 0, and the Thompson 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 Balfour Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Brush Y Burton Y Cagle Y Cheeks Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis Glanton Y Gochenour

Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins Y James Y Johnson,D Y Johnson.E Y Kemp Y Lamutt Y Land
Langford Y Madden Y Marable Y Middleton Y Oliver EX Perdue

Y Price.R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts
Scott Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Thomas,N Y Thompson Y Turner Y Tysinger Walker

1820

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
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.
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.

The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 1278. By Representatives Lord of the 121st, Burkhalter of the 41st, Tolbert of the 25th and others:
A resolution urging the Georgia congressional delegation and the United States Congress to reject any legislation that would exempt health plans sponsored by associations and multiple employer welfare arrangements from state insurance standards and oversight.
The Calendar was resumed.

HB 1186. By Representatives Smith of the 109th and Jenkins of the 110th:

A bill to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedures relative to appeals to the superior court, so as to change procedures relative to appeals from the magistrate court to the superior court.

Senate Sponsor: Senator Oliver of the 42nd.

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

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

Y Abernathy Balfour Blitch
Y Boshears Y Bowen

Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Cagle

Y Cheeks Clay
Y Crotts Y Dean
Egan

WEDNESDAY, MARCH 18, 1998

1821

Y Fort

Y Kemp

Y Gillis

Y Lamutt

Y Glanton

Y Land

Y Gochenour

Y Langford

Y Griffin

Y Madden

Y Guhl

Y Marable

Y Harbison

Y Middleton

Y Henson

Oliver

Y Hill

EX Perdue

EX Hooks

Price,R

Y Huggins

Y Price,T

Y James

Y Ragan

Y Johnson,D

Y Ralston

Y Johnson,E

Y Ray

On the passage of the bill, the yeas were 43, nays 0.

Y Roberts Y Scott
Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D
Thomas.N Y Thompson
Turner Y Tysinger
Walker

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

HB 1511. By Representatives Coleman of the 142nd, Holmes of the 53rd, Scott of the 165th and others:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to provide that complaints or information from public employees directed to members of the General Assembly concerning fraud, waste, and abuse in or relating to any state programs or operations shall be confidential.
Senate Sponsor: Senator Thomas of the 10th.
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 1511:

A BILL
To be entitled an Act to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to provide that complaints or information from public employees directed to members of the General Assembly concerning fraud, waste, and abuse in or relating to any state programs or operations shall be confidential; to provide that no public employer shall have a policy requiring a report of any contact by a member of the General Assembly; to provide for definitions; to prohibit retaliatory action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-1-7, to read as follows:
"45-1-7.

(a) As used in this Code section, the terms 'public employer' and 'public employee' shall have the same meaning as those terms have in Code Section 45-1-4.
(b) A member of the General Assembly may receive in confidence and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs

1822

JOURNAL OF THE SENATE

and operations under the jurisdiction of the General Assembly, and the identity of such public employee shall not be disclosed except by order of a court of competent jurisdiction.

(c) Notwithstanding any other law to the contrary, no public employer shall prohibit, verbally, in writing, or in any manner whatsoever, communication of information covered by subsection (b) of this Code section to any member of the General Assembly.

(d) No action against any public employee shall be taken or threatened by any public employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for disclosing information covered by subsection (b) of this Code section to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(e) Any action taken in violation of subsection (d) of this Code section shall give the public employee a right to have such action set aside. Any division director, department head, or other person having supervisory authority over or authority to take, recommend, or approve personnel action relating to a public employee who violates subsection (d) of this Code section shall be personally liable for such damages and reasonable attorneys' fees as may accrue as a result of any such violation."

SECTION 2.

All stationery used by departments of state government shall have thereon a telephone number whereby members of the public can contact that department during normal business hours.

SECTION 3.

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

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

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

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

Y Abernathy Balfour 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

Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill EX 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 Oliver
EX Perdue 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
Thomas,N Y Thompson

WEDNESDAY, MARCH 18, 1998

1823

Y Turner

Y Tysinger

Walker

On the passage of the bill, the yeas were 47, nays 0.

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

Senator James of the 35th moved that Senator Griffin of the 25th be excused. On the motion, the yeas were 32, nays 1; the motion prevailed, and Senator Griffin was excused.

The Calendar was resumed.

HB 1470. By Representatives Benefield of the 96th, Murphy of the 18th and Birdsong of the 123rd:
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 duties of a county with respect to its county road system; to change certain provisions relating to construction and maintenance of municipal street systems, acquisition of labor, and notification of department about new streets and abandoned streets.
Senate Sponsor: Senator Thompson of the 33rd.
The Senate Committee on Transportation offered the following substitute to HB 1470:

A BILL
To be entitled an.Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to duties of a county with respect to its county road system; to change certain provisions relating to construction and maintenance of municipal street systems, acquisition of labor, and notification of department about new streets and abandoned streets; to change certain provisions relating to weight of vehicle and load; to change certain provisions relating to enforcement of load limitations; to change certain provisions relating to uniform regulations governing erection and maintenance of traffic control devices and placement, removal, defacement, damaging, or sale of devices; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking paragraph (3) of Code Section 32-4-41, relating to duties of a county with respect to its county road system, and inserting in lieu thereof the following:
"(3) A county shall inspect and determine the maximum load, weight, and other vehicular dimensions which can be safely transported over each bridge on the county road system and shall post on each bridge and on each approach thereto on the county road a sign containing a legible notice showing such maximum safe limits, each such sign to conform to the department regulations promulgated under authority of Code Section 32-6-50. However, the department is authorized to give technical assistance to counties, when so requested, in carrying out this paragraph. It shall be unlawful for any person to haul, drive, or bring on any bridge any vehicle, load, or weight which in any manner exceeds the maximum limits so ascertained and posted

1824

JOURNAL OF THE SENATE

on such bridge; and any person hauling, driving, or otherwise bringing on such bridge any load or weight exceeding the maximum limits so ascertained and posted shall do so at his own risk; and the county shall not be liable for any damages to persons or property that may result therefrom;"
SECTION 2.
Said title is further amended by adding a new subsection (a.l) to Code Section 32-4-91, relating to construction and maintenance of municipal street systems, acquisition of labor, and notification of department about new streets and abandoned streets, to read as follows:
"(a.l) A municipality shall post on each bridge on the municipal street system and on each approach thereto on the municipal street a sign containing a legible notice showing the maximum safe weight limit for such bridge, each such sign to conform to the department regulations promulgated under authority of Code Section 32-6-50."
SECTION 3.
Said title is further amended by striking subsection (f) of Code Section 32-6-26, relating to weight of vehicle and load, and inserting in lieu thereof the following:
"(f) On any public road of a county road system, the maximum total gross weight of a vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road; except that if a county road is constructed to the same standards as those highways of this state which are national highways and is authorized as a designated local truck route pursuant to official resolution of the county and approval of the commissioner, the maximum weight limits for such designated local truck route shall be the same as those for highways in this state which are not national highways as provided by paragraph (1) of subsection (c) of this Code section, but this exception shall not apply to any portion of a county road system which lies within the corporate limits of a municipality unless such application of the exception has been approved by resolution of the governing authority of such municipality and approval of the commissioner."
SECTION 4.
Said title is further amended by adding a new subsection (a.l) to Code Section 32-6-27, relating to enforcement of load limitations, to read as follows:
"(a.l)(l)(A) The department is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50.
(B) The department is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.
(2)(A) The department is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.l) of Code Section 32-4-91.

WEDNESDAY, MARCH 18, 1998

1825

(B) The department is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.l) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation."
SECTION 5.
Said title is further amended by striking subsection (c) of Code Section 32-6-50, relating to uniform regulations governing erection and maintenance of traffic control devices and placement, removal, defacement, damaging, or sale of devices, and inserting in lieu thereof the following:
"(c) In conformity with the uniform regulations of the department;:
(1) Counties cu unties and municipalities shall place and maintain upon the public roads of their respective public road systems such traffic-control devices as are necessary to regulate, warn, or guide traffic except that counties and municipalities also shall erect and maintain a sign for each railroad crossing at grade on their respective county road or municipal street systems, warning motorists of such crossing. Furthermore, each railroad company shall erect and maintain a railroad crossbuck sign on its right of way at all such crossings; and
(2) Counties, on their respective road systems, shall place and maintain on each county road which is authorized as a designated local truck route, pursuant to official resolution of the county and approval of the commissioner, at each intersection of such road with a state highway signs identifying such county road as a designated local truck route and giving notice of the maximum weight limits for such designated local truck route in accordance with subsection (f) of Code Section 32-626?
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd offered the following amendment:
Amend the committee substitute to HB 1470 by inserting "to authorize counties and municipalities to seek injunctions and damages, including attorney's fees, for a railroad's violating its duty to permit passage at certain railroad crossings; to provide effective dates;" after "devices;" on line 14 of page 1.
By inserting between Sections 5 and 6 the following:
"SECTION 5A.
Said title is further amended by designating the existing provisions of Code Section 326-190, relating to the duty of railroads to maintain crossings, as subsection (a) thereof and by adding a new subsection (b) to read as follows:
'(b) The county or municipality in which is located a grade crossing subject to subsection (a) of this Code section shall have a cause of action for damages for the railroad's failure or refusal to permit the safe and convenient passage of public traffic at such crossing, including reasonable attorney's fees, and may also seek an injunction to prohibit the railroad's continuing failure or refusal to permit such passage.'

1826

JOURNAL OF THE SENATE

SECTION 5B.
This section and Section 5A of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval. All other sections of this Act shall become effective on July 1, 1998.".
Senator Price of the 56th requested a ruling by the Chair on the germaneness of the Thompson amendment.
The President ruled the amendment germane.
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Abernathy

EX Griffin

N Price,R

N Balfour

Y Guhl

N Price,T

Blitch

N Harbison

Y Ragan

Y Boshears

Henson

Y Ralston

Y Bowen

N Hill

N Ray

N Broun, 46th

EX Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

N Brush

Y James

Y Starr

N Burton

Y Johnson,D

Stokes

Y Cagle

N Johnson,E

Y Streat

N Cheeks

Kemp

Y Tanksley

Y Clay

Y Lamutt

Y Taylor

N Crotts

N Land

Y Thomas,D

N Dean

N Langford

Thomas,N

Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

N Gillis

Y Middleton

N Tysinger

N Glanton

Y Oliver

Y Walker

N Gochenour

N Perdue

On the adoption of the amendment, the yeas were 28, nays 20, and the Thompson

amendment was adopted.

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

The report of the committee, which was favorable to the passage of the bill by 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
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
Egan Fort Gillis Glanton Y Gochenour EX Griffin Y Guhl Y Harbison Y Henson Y Hill

EX Hooks Y Huggins Y James Y Johnson,D Y Johnson.E Y Kemp Y Lamutt Y Land
Langford Y Madden Y Marable Y Middleton

WEDNESDAY, MARCH 18, 1998

1827

Y Oliver

Y Roberts

Y Perdue

Y Scott

Y Price,R

Y Starr

Y Price,T

Y Stokes

Y Ragan

Y Streat

Y Ralston

Y Tanksley

Ray

Taylor

On the passage of the bill,the yeas were 49, nays 0.

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 Walker of the 22nd asked unanimous consent that HB 1551 be dropped to the foot of the Calendar. The consent was granted.

Senator Tanksley of the 32nd asked unanimous consent that HB 251 be dropped to the foot of the Calendar. The consent was granted.

HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties.
Senate Sponsor: Senator Ralston of the 51st.
The Senate Committee on Judiciary offered the following substitute to HB 1730:
A BILL
To be entitled an Act to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties; to provide for definitions; to provide for judicial review of such actions upon their filing; to provide for dismissal of the pleading under certain conditions; to provide for practice and procedure; to provide for appellate review; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, is amended by adding at its end a new Code Section 9-1515 to read as follows:
"9-15-15.
(a) When any civil action is brought against a judicial officer, other than an action for quo warranto, mandamus, or an action brought under Title 42, Section 1983 of the United States Code, and such action arises out of the performance of the judicial officer's official duties, the plaintiff shall be liable for all attorney's fees and expenses incurred in the defense of the action if the action is concluded in favor of the judicial officer, and the court finds that an attorney or party brought an action that lacked substantial justification or that the action, or any part of the action, was interposed

1828

JOURNAL OF THE SENATE

for delay or harassment. As used in this Code section, 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexations. For purposes of this Code section, judicial officers shall include Justices and Judges of the appellate courts of Georgia and judges of the superior, state, probate, juvenile, magistrate, and municipal courts.
(b) The provisions of subsection (a) of this Code section shall apply both with respect to actions brought against a judicial officer in his or her official capacity and with respect to actions brought against a judicial officer in his or her individual capacity where the action arises out of the performance of the judicial officer's official duties.
(c) Recovery may be had under subsection (a) of this Code section by the state or by a unit of local government with respect to attorney's fees and expenses incurred by the state or by the unit of local government. Where recovery by a governmental unit is so authorized, recovery shall be authorized for attorney's fees paid to outside counsel as well as for compensation paid to counsel employed by the governmental unit. Recovery may also be had under subsection (a) of this Code section with respect to attorney's fees and expenses personally incurred by a judicial officer. Recovery under subsection (a) of this Code section shall include any attorney's fees and expenses incurred in appellate proceedings arising out of an action subject to this Code section.
(d) When a civil action against a judicial officer, other than an action for quo warranto, mandamus, or an action brought under Title 42, Section 1983 of the United States Code, which action arises out of the performance of the judicial officer's official duties is presented for filing, the clerk of court shall file the matter but shall present the complaint or other initial pleading to the district court administrator for the judicial circuit where the action was filed, to assign to a superior court judge of that circuit. If the action is filed against a Judge or Justice of an appellate court, the chief Judge or Justice shall assign the matter to a member of that court. The judge shall review the pleading and, if the judge determines that the pleading shows on its face such a complete absence of any justiciable issue of law or fact that it cannot be reasonably believed that the court could grant any relief against any party named in the pleading, then the judge shall enter an order dismissing the pleading. An order dismissing the pleading shall be appealable in the same manner as an order dismissing an action.
(e) Attorney's fees and expenses under this Code section may be requested by motion at any time during the course of the action but not later than 45 days after the final disposition of the action.
(f) An award of reasonable and necessary attorney's fees or expenses of litigation under this Code section shall be determined by the court without a jury and shall be made by an order of court which shall constitute and be enforceable as a money judgment."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd offered the following amendment:
Amend the committee substitute to HB 1730 by striking in their entirety lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide when attorney's fees and expenses may be requested in claims by a party

WEDNESDAY, MARCH 18, 1998

1829

that the claims against such party are subject to dismissal on the ground that the suit arose from an act of the defendant in furtherance of the right of free speech or the right to petition government for a redress of grievances; to provide for the recovery of.
By inserting between lines 13 and 14 of page 1 the following:
"SECTION 1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting in Code Section 9-11-11.1, relating to claims arising from exercise of rights of freedom of speech and right to petition government for redress of grievances, a new subsection to be designated subsection (f) to read as follows:
'(f) Attorney's fees and expenses under this Code section may be requested by motion at any time during the course of the action but not later than 45 days after the final disposition, including but not limited to dismissal by the plaintiff, of the action.'"
By redesignating Sections 1 and 2 as Sections 2 and 3, respectively.
By striking lines 15 through 17 of page 1 and inserting in lieu thereof the following:
"Said title is further amended by adding at the end of Chapter 15, relating to court and litigation costs in civil actions, a new Code Section".
On the adoption of the amendment, the yeas were 31, nays 1, and the Oliver (22 0545) amendment to the committee substitute was adopted.
Senator Oliver of the 42nd offered the following amendment:
Amend the committee substitute to HB 1730 by adding at the conclusion of HB 1730, a new section to be numbered accordingly:
Article 4 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to dismissal and renewal of civil actions, is amended by striking in its entirety subsection (a) of Code Section 9-2-61, relating to renewal of a case after dismissal, and inserting in its place the following:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or,if pei'miLLed by the fedeial rules uf civil yiumduiu unless prohibited by federal law, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once."
SECTION 2.
This Act shall become effective on July 1, 1998, and shall apply to cases pending on, or dismissed or discontinued after such date.
On the adoption of the amendment, the yeas were 29, nays 1, and the Oliver amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 29, nays 1, 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:

1830

JOURNAL OF THE SENATE

Y Abernathy Balfour

EX Griffin Y Guhl

Blitch Y Boshears Y Bowen Y Broun, 46th
Brown, 26th Y Brush

Y Harbison Y Henson Y Hill EX Hooks
Huggins Y James

Y Burton

Y Johnson,D

Y Cagle Y Cheeks Y Clay

Johnson,E Y Kemp Y Lamutt

Y Crotts Y Dean Y Egan Y Fort

Y Land Langford
Y Madden Y Marable

Y Gillis

Y Middleton

Y Glanton Y Gochenour

Y Oliver EX Perdue

On the passage of the bill, the yeas were 45, 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 Y Tysinger EX Walker

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

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

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.
The House insists on its position in substituting the following bill of the Senate:

SB 337. By Senators Thompson of the 33rd, Streat of the 19th, Langford of the 29th and others:
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.
The House has disagreed to the Senate substitute to the following bill of the House:

HB 1441. By Representatives Hudgens of the 24th, McBee of the 88th and Heard of the 89th:

WEDNESDAY, MARCH 18, 1998

1831

A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to repeal provisions relating to misdemeanor jurisdiction of municipal courts of certain consolidated governments.
The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1268. By Representatives Holmes of the 53rd, Hecht of the 97th, Hudson of the 120th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain new definitions in the general and municipal elections codes; to enact a new Part 5 of Article 11 of Chapter 2 of said title regulating the use of optical scanning voting equipment.
The Speaker has appointed on the part of the House, Representatives DeLoach of the 172nd, Hecht of the 97th and Holmes of the 53rd.
The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1394. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft.
The Speaker has appointed on the part of the House, Representatives Lane of the 146th, Rogers of the 20th and Channell of the lllth.
The House has disagreed to the Senate substitutes to the following bills of the House:
HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.
HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 1161. By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes,

1832

JOURNAL OF THE SENATE

so as to provide for income tax credits for the purchase or lease of a new lowemission vehicle or the conversion of a conventionally fueled vehicle.
The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:
HB 1667. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding tax credits for existing manufacturing facilities or manufacturing support facilities in tier 1 counties.
The Calendar was resumed.
HB 1633. By Representatives McCall of the 90th, Hanner of the 159th, Lane of the 146th and others:
A bill to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to provide limited liability for owners and operators of fishing locations under certain circumstances.
Senate Sponsor: Senator Madden of the 47th.
The Senate Natural Resources Committee offered the following amendment:
Amend HB 1633 by striking line 27 on page 2 and inserting in lieu thereof the following:
"signs warning of the latent defect have not been conspicuously posted;".
On the adoption of the amendment, the yeas were 32, nays 0, and the committee amendment was adopted.
Senators Brush of the 24th and Harbison of the 15th offered the following amendment:
Amend HB 1633 by inserting on line 6 of page 1 immediately following the words and symbol "notices;" the following:
"to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to provide that the Department of Natural Resources may issue, without fee, courtesy nonresident fishing licenses to certain paralyzed or disabled veterans participating in a fishing tournament sponsored by a nonprofit charitable association of paralyzed veterans;"
By inserting between lines 21 and 22 of page 3 the following:
"SECTION 2. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, is amended by adding immediately following Code Section 27-2-4.1 a new Code Section 27-2-4.2 to read as follows:
'27-2-4.2.
The department is authorized to issue a courtesy nonresident fishing license, without fee, to any person who is not a resident of this state who is a paralyzed or disabled veteran and who is participating in an organized fishing tournament in this state which is sponsored and conducted by a nonprofit charitable association of paralyzed or disabled veterans. Such courtesy nonresident license shall be valid for use only during the specified dates of such tournament and for a maximum of seven days.'"

WEDNESDAY, MARCH 18, 1998

1833

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
On the adoption of the amendment, the yeas were 34, nays 0, and the Brush, Harbison 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

EX Griffin

Y Balfour

Y Guhl

Blitch

Y Harbison

Y Boshears

Henson

Y Bowen

Y Hill

Y Broun, 46th

EX Hooks

Y Brown, 26th

Y Huggins

Y Brush

Y 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

Egan

Y Madden

Y Fort

Y Marable

Y Gillis

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

EX 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 Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas,N
Thompson Y Turner Y Tysinger EX Walker

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Gillis of the 20th assumed the Chair.

HB 32. By Representatives Byrd of the 170th and Mosley of the 171st:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for competitive bidding when a county or municipal corporation constructs or renovates a building or other real property to be leased by the state.
Senate Sponsor: Senator Boshears of the 6th.
The Senate Committee on State and Local Governmental Operations offered the following substitute to HB 32:

A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for competitive bidding when a county or municipal corporation constructs or renovates a building or other real property to be leased by the state; 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:

1834

JOURNAL OF THE SENATE

SECTION 1.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding at the end thereof a new Code section to read as follows:
"36-60-19.
(a) Whenever the governing authority of a county or municipal corporation plans to authorize the construction or renovation of a building or other real property for lease to the Department of Administrative Services for use by a state agency or agencies pursuant to Code Section 50-5-32, such construction or renovation process shall be subject to the competitive bidding procedure set forth in subsection (b) of this Code section. The result of the competitive bidding procedure should be that the lowest responsible bidder shall do the work.
(b) The proper official of the county or municipal corporation shall give notice of the contract to be let by advertisement in the official legal organ of the county where the project is to be constructed once a week for four weeks and by posting a written notice in the appropriate place in the county courthouse or city hall, as applicable. A copy of the notice shall be available for public inspection in the office of the proper official. Such notice shall contain complete and minute specifications of the proposed project. All responsive bids shall be sufficiently detailed as to enable the appropriate governing authority to make an accurate and informed decision."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 36-60-13, relating to multiyear lease, purchase, or lease purchase contracts, and inserting in lieu thereof the following:
"(a) Each county or municipality in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section;
(2) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract; and
(3) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and
(4) The cuiiUacl shall provide that title lo any supplies, materials, equipment, m ulhbi peisuiial piupurty shall lemaiii in the vendoi until fully paid for by the cumily ui municipality."
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.

WEDNESDAY, MARCH 18, 1998

1835

Senator Langford of the 29th offered the following amendment:
Amend the committee substitute to HB 32 by striking on page 2, line 23 "unless" and replacing with "only if" and by striking on page two, line 24 "terminate" and replacing with "renew"
On the adoption of the amendment, the yeas were 8, nays 32, and the Langford amendment was lost.
On the adoption of the substitute, the yeas were 27, nays 4, 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

N Griffin

Balfour

Y Guhl

N Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

N Hill

Y Broun, 46th

EX Hooks

N Brown, 26th

Y Huggins

Y Brush

Y James

N Burton

Y Johnson,D

Y Cagle

Y Johnson,E

Y Cheeks

N Kemp

Y Clay

Y Lamutt

Y Crotts

Y Land

Y Dean

Langford

Y Egan

Y Madden

Y Fort

Y Marable

Gillis(PRS)

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

EX Perdue

On the passage of the bill, the yeas were 45, nays 6.

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.

HB 155. By Representative Dobbs of the 92nd:
A bill to amend Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation procedures generally, so as to establish qualifications and payment for assessors; to provide for award of reasonable expenses in condemnation cases; to repeal the provisions relating to special matters in condemnation cases; to amend Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Ray of the 48th.

Senator Ray of the 48th offered the following amendment:
Amend HB 155 by inserting following the period at the end of line 3 of page 2 the following:

1836

JOURNAL OF THE SENATE

"The combined total costs of all three assessors shall not exceed $500.00 per day."
By striking "or presiding officers" from lines 23 and 24 of page 3.
By inserting "at least five calendar days" between "time" and "before" on line 37 of page 4. By striking "three" and inserting in its place "five" on line 43 of page 4.
By inserting following the period at the end of line 10 of page 5 the following: "Notwithstanding the number of condemnees or any other persons having a right or interest in the property, only one assessor shall be selected on behalf of all such condemnees or interested parties."
By striking "three" and inserting in its place "five" on line 14 of page 5.
By inserting "calendar" between "five" and "days" on line 20 of page 5.
On the adoption of the amendment, the yeas were 33, nays 0, and the Ray 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 Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

N Land

Y Dean

Y Langford

Y Egan

Y Madden

Y Fort

Y Marable

Gillis(PRS)

Y Middleton

Y Glanton

Y Oliver

Y Gochenour

EX Perdue

On the passage of the bill, the yeas were 49, nays 1.

Y Price.R Y Price,T Y Ragan
Ralston Y Ray Y Roberts Y Scott
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 as amended.

HB 1707. By Representative McCall of the 90th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and maintenance, so as to provide for certain additional powers and duties of the Department of Natural Resources and the Board of Natural Resources with respect to compliance with the federal Clean Air Act, as amended, enforcement of vehicle emission standards, regulation of vehicle emission inspections, and enforcement of vehicle emission standards and regulations.

WEDNESDAY, MARCH 18, 1998

1837

Senate Sponsor: Senator Ray of the 48th.

Senator Ray of the 48th offered the following amendment:
Amend HB 1707 by striking line 36 on page 7 and inserting in lieu thereof the following:
"$5,000.00 per day; provided, however, that in no instance shall any person be both liable for a civil penalty under this subsection and subjected to a criminal prosecution pursuant to subsection (f) of this Code section. Upon a showing that a civil proceeding has been commenced to assess a civil penalty, a court to which a criminal citation for a violation of subsection (f) of this Code section has been presented shall stay the criminal proceeding until the civil penalty proceeding has been completed. If a civil penalty is assessed, the criminal proceeding shall be dismissed."
On the adoption of the amendment, the yeas were 31, nays 0, and the Ray 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 Griffin

Y Balfour

Y Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

Gillis(PRS)

Y Middleton

N Glanton

Y Oliver

Y Gochenour

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
Thomas,N Y Thompson Y Turner Y Tysinger Y Walker

The bill, having received the requisite constitutional majority, was passed as amended.

The President resumed the Chair.

HB 942. By Representatives Holmes of the 53rd, Byrd of the 170th, Greene of the 158th and others:
A bill to amend Code Section 21-4-6 of the Official Code of Georgia Annotated, relating to the review of grounds for a recall petition, so as to provide for required elements of such review; to provide for the burden of proof; to provide for discovery; to provide for judicial orders.
Senate Sponsor: Senator Price of the 56th.

1838

JOURNAL OF THE SENATE

Senator Clay of the 37th offered the following amendment:
Amend HB 942 by inserting on line 9 of page 1 after the word and symbol "proceedings;" the following:
"to amend Code Section 21-2-408 of the Official Code of Georgia Annotated, relating to poll watchers for elections, so as to provide for state-wide poll watchers;".
By adding between lines 29 and 30 on page 2 the following:
"Code Section 21-2-408 of the Official Code of Georgia Annotated, relating to poll watchers for elections, is amended by adding a new subsection between subsections (b) and (c).
SECTION 3."

On the adoption of the amendment, the yeas were 33, nays 0, and the Clay 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

N Price.R

N Balfour

N Guhl

Y Price,T

Y Blitch

N Harbison

Y Ragan

Y Boshears

Henson

Y Ralston

Y Bowen

Y Hill

N Ray

Y Broun, 46th

EX Hooks

Y Roberts

Y 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

Y Kemp

Y Tanksley

Y Clay

N Lamutt

Y Taylor

N Crotts

N Land

Y Thomas.D

Y Dean

Langford

Y Thomas,N

Egan

N Madden

Y Thompson

Y Fort

Marable

Y Turner

Y Gillis

Y Middleton

N Tysinger

Y Glanton

Y Oliver

Y Walker

N Gochenour

Perdue

On the passage of the bill, the yeas were 34, nays 15.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1542. By Representatives Snelling of the 99th, Worthan of the 98th, Royal of the 164th and others:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of government office, so as to change certain provisions relating to sale of real or personal property to political subdivisions by local officers and employees and exceptions thereto.
Senate Sponsor: Senator Roberts of the 30th.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 18, 1998

1839

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

EX 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

Glanton

Y Oliver

Y Gochenour

EX 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.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President: The House has disagreed to the Senate substitute to the following bill of the House:

HB 1430. By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th and others:
A bill 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 registration and license requirements and penalties; to change certain provisions relating to transfer of license plates and revalidation decals.
The Speaker has ruled the Senate substitute not germane, therefore the House has disagreed to the Senate substitute to the following bill of the House:

HB 1639. By Representatives Cooper of the 31st, Shipp of the 38th, Barnes of the 33rd and others:
A bill to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to change a definition; to change the penalties for stalking and aggravated stalking; to provide for psychological evaluation and consideration of the entire criminal record of an offender before sentencing for a conviction of stalking or aggravated stalking.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 369. By Senator Ralston of the 51st:

1840

JOURNAL OF THE SENATE

A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to senior judges and Senior Appellate Court Justices and Judges serving as judges of the appellate courts; to change the provisions relating to compensation, travel, per diem, and pay allowances.
The Speaker has appointed on the part of the House, Representatives Martin of the 47th, Barnes of the 33rd and Alien of the 117th.
The House insists on its position in amending the following resolution of the Senate:
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.
The House adheres to its position in disagreeing to the Senate amendments and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1352. By Representative Lane of the 146th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the saltwater separation point; to change certain provisions relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state.
The Speaker has appointed on the part of the House, Representatives Lane of the 146th, Shaw of the 176th and Purcell of the 147th.
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.
The Calendar was resumed.
HR 856. By Representatives James of the 140th, Reaves of the 178th, Sims of the 167th and others:
A resolution urging the Congress of the United States, the Secretary of Agriculture, and the Federal Crop Insurance Corporation to revise comprehensively the existing laws, regulations, and policies with respect to the Federal Crop Insurance Program in order to adequately protect farmers against unavoidable crop losses and to prevent the serious reduction in farm operations and farm acreage throughout the nation.
Senate Sponsor: Senator James of the 35th.
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:

WEDNESDAY, MARCH 18, 1998

1841

Y Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

Y Price.T

Y Blitch

Y Harbison

Y Ragan

Y Boshears

Y Henson

EX Ralston

Y Bowen

Y Hill

Y Ray

Y Broun, 46th

EX 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

Tanksley

Y Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas.D

Y Dean

Langford

Thomas,N

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

EX Perdue

On the adoption of the resolution, the yeas were 49, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 1187. By Representatives Mueller of the 152nd, Pelote of the 149th, Day of the 153rd and others: A resolution authorizing the conveyance of certain property located in the City of Savannah, Chatham County.
Senate Sponsor: Senator Johnson of the 2nd. 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 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
Egan Y Fort Y Gillis Y Glanton Y Gochenour

Y Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins Y James Y Johnson,D Y Johnson.E Y Kemp Y Lamutt Y Land
Langford Y Madden Y Marable Y Middleton Y Oliver EX Perdue

Y Price,R Y Price,T Y Ragan EX Ralston Y Ray
Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas.D Thomas,N Thompson Turner Tysinger Walker

1842

JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 49, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 1423. By Representatives Royal of the 164th and Shanahan of the 10th:
A bill to amend Code Section 45-20-9 of the Official Code of Georgia Annotated, relating to procedure for conduct of hearings and appeals regarding adverse personnel actions, so as to provide for the filing of certain appeals with the Office of State Administrative Hearings.
Senate Sponsor: Senator Thomas of the 10th.
Senator Streat of the 19th offered the following amendment:
Amend HB 1423 by striking lines 27 and 28 of page 1 and inserting in lieu thereof the following:
"rules and regulations of the buaid office. The party appealing to the buaid and the department from whose action the".
On the adoption of the amendment, the yeas were 29, nays 2, and the Streat amendment (0549) was adopted.
Senator Streat of the 19th offered the following amendment:
Amend HB 1423 on page 1 by striking "Article 1 of Chapter 20 of on lines 1 and 12.
By replacing "the state merit system generally" on lines 2 and 3 and 13 and 14 with "public officers and employees".
By inserting after "by" on line 14 the following:
"designating the existing language as subsection (a) of Code Section 45-18-10, relating to continued coverage in the employees' health insurance plan, and inserting:
'(b) Subject to such rules as the board may establish, any district attorney or assistant district attorney who ceases to hold office as such in order to accept appointment as a United States attorney or assistant United States attorney, who was eligible to retire at the time of leaving office, except for the attainment of retirement age, pursuant to a public retirement system created by law to which the General Assembly appropriates funds, and did not withdraw employee contributions from such public retirement system, who declines coverage under this plan in order to be covered under a health benefit plan available to federal employees, and who ceases to hold such position with the federal government without having vested in any retirement system for federal employees may be permitted to reestablish full coverage and participation, including coverage for the spouse and dependent children of such person, in the health insurance plan by notifying the board within 90 days of ceasing to be employed by the federal government or by August 1, 1998, whichever is later, that he or she desires to resume coverage in the health insurance plan and by paying to the board the monthly premium which is paid by an active state employee.'
SECTION 2.
Said title is further amended by".
By replacing "article" on line 33 with "title".
On pages 1 and 2, by redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively.

WEDNESDAY, MARCH 18, 1998

1843

Senators Gochenour of the 27th and Streat of the 19th offered the following amendment:
Amend the Streat (22 0547) amendment by striking "board" on line 10 and inserting "office"

On the adoption of the amendment, the yeas were 35, nays 0, and the Gochenour, Sstreat amendment to the Streat (22 0547) amendment was adopted.
On the adoption of the amendment, the yeas were 25, nays 8, and the Streat amendment (22 0547) was adopted as amended.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Abernathy

Y Griffin

Y Balfour

N Guhl

Y Blitch

Y Harbison

Y Boshears

Y Henson

Y Bowen

Y Hill

Y Broun, 46th

EX 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

N Land

Y Dean

Y Langford

Y Egan

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 2.

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
Walker

The bill, having received the requisite constitutional majority, was passed as amended.

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.

Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the 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
Brown, 26th Y Brush

Y Burton Y Cagle Y Cheeks Y Clay

1844

JOURNAL OF THE SENATE

Crotts

Y Johnson,D

Y Dean

Y Johnson,E

Y Egan

Y Kemp

Y Fort

Y Lamutt

Y Gillis

Land

Y Glanton

Y Langford

Y Gochenour

Y Madden

Y Griffin

Y Marable

Y Guhl

Y Middleton

Y Harbison

Y Oliver

Y Henson

Perdue

Y Hill

Y Price,R

EX Hooks

Y Price,T

Y Huggins

Y Ragan

Y James

Y Ralston

On the passage of the bill, the yeas were 49, nays 0.

Y Ray Y Roberts Y Scott 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.

At 5:00 P.M., the President announced that the Senate would stand in recess until 5:30 P.M.

The President called the Senate to order at 5:30 P.M.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 19. By Senators Scott of the 36th, Langford of the 29th, Oliver of the 42nd and others:
A bill to amend Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities.
The House has passed by the requisite constitutional majority the following bill of the House:

HB 1697. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Ashe of the 46th and others:
A bill to amend an Act known as the "City of Atlanta and Fulton County Recreation Authority Act," so as to provide for the maximum compensation for the authority's chief executive officer.
The following bill was read the first time and referred to committee:

HB 1697. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Ashe of the 46th and others:
A bill to amend an Act known as the "City of Atlanta and Fulton County Recreation Authority Act," so as to provide for the maximum compensation for the authority's chief executive officer.

WEDNESDAY, MARCH 18, 1998

1845

Referred to Committee on State and Local Governmental Operations. The following bill was taken up to consider House action thereto:

HB 1394. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft.
Senator Cagle of the 49th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the President appointed as a Conference Committee, the following: Senators Griffin of the 25th, Cagle of the 49th and Ray of the 48th.
The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon:

HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd and others:

A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.

The Conference Committee report was as follows:

The Committee of Conference on HB 609 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 609 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ Michael J. Egan
Senator, 40th District Isi Paul C. Broun
Senator, 46th District /s/ Terrell Starr
Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES: Isi Michael Charles Polak Representative, 67th District Isi James M. (Jimmy) Skipper, Jr. Representative, 137th District Isi M. Ronald (Ronnie) Culbreth, Jr. Representative, 132nd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 609

A BILL
To be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide for liability; to provide for conditions and procedures; to provide for exceptions and exemptions; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain

1846

JOURNAL OF THE SENATE

conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to create the Joint Hotel Motel Tax Study Committee; to provide for the committee's powers, duties, authority, and termination; 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 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of such excise tax, and inserting in their place new paragraphs (1) and (2) to read as follows:
(<i)(l) Tlie governing autliurity 01 eacli iiiumCiptility ni tins state may levy cUiu cul-
leCt till eXClSG LcUi. upull the lUi'illcillillg IGi* Value tu tile public Or 31iy rGGlll Gl* i'OOiVicJ,
giiigs , or accommodations lufiiisliecl oy <iiiy pei'Suii 01 legal entity 11censed Dy, or
JUirtiQ tO p<iy OtiSiileSS Oi" OCCUrpatiGil taXeS tO, tllti iiilllllCl^*<lllty lux' GGei'titiii-j^ ci liu-
tei, iiiuLt:!, llili, lodge, tGUl'lSt CctiiiG, tGu.i'ist cciulll, Or tny Gtllei1 plfl.Ce 111 WllICll
lodgings , or aceommoda11Giis <ire legiilcirly tui'iiislied lor value, w iLlini tlie ttirritO-
lial lllllltci GI tile S jJcCicll district lOCattbd Wltlllll tile CO Ulity , eilCli uu uiity in tins State
may levy eiiid collect till excise tax upon, tlie lurmsliiiig 101 vaiu.t; to tlie jjuulic oi any i'uOxii or I'ooins, lugging & , oi1 &ccoiiirtiooiatioiis iurn.is.lieQ Dy any persoii or legal entity
uiied. to P&y DUS1116SS Oi' OCCUp&tiuii taA.ee to, tile COUllty IOr Opei'-
SjjeCiiii UlStlTlCt 3 liotel, lllOtei, 11111, luuge, tuu
caoin, 01 any otiiei* pi3.ce ui WTIICII rooms, iutl^ni^a, ui s.c
IO.ililicjileu TO1 valU^. PsO tax Sllibill De IcVicu. ciS pl1i/viU.cQ 111 tlllS \JOCle SeCtlull ttpuii
tile leeS CTT Clicti'^eti TOT 3.1iy rOuillS, lu u.^iii^ ci, OT uCCG i iii 11 u u. ci Li u i Is IU r 111 S lie Cl IO1* 3 pe-
1T.OQ OI liiul c tll&ll teil COiiiscCUtlV^ ClayS Ol" IO1" USe S.S incetiilg z'OOillS. INu LCIA. Slicill DC"
levi(5u <ls pfOVltleu. Ill tlllS vJOCle seCtiOil UpOll tile leeo ul Cll&l'geS lux' ttiiy I'OOillS, lOu^-
liigs, T>r accoiiiiiiuueitiGiis iui'iiislieu. lui1 a penod oi^jn&Xjr more clfl.ys loi1 use by Cjeui1-
gl& state Ox' luCal ^uveinlllellt OIIlCl&lS Oi1 6illployeeS wlicii traveling Oil OII1C13.1 DUS1-
11^ SS. J^ACept ciri pi'uviueu. in p ell1cigi cipiIS (o/, (_o. 1J, (o.i-i^, (.o.oj, vo.4), v*5-/) (,4/, (,4. 17,
(4.2), (4.3), (4.4), (4.0), (5), and (5.1) of this subsection, HU lax levied pmsuaiil Lu Uiis
(_/OCie SeCtlOn' Sllcill DE leVleu. Oi1 CulleCteu 3T <i iat6 eA.utjttu.lllg o pel'C^llt OI tile Cll&i'ge
tu tlm publii, fui the furnishings.
(a)(l)(A) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary enacted pursuant to Code Section 4813-53 and in effect prior to July 1, 1998. Any such ordinance shall not be deemed

WEDNESDAY, MARCH 18, 1998

1847

repealed by this Code section but shall be administered in conformity with this Code section.
(B)(i) The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall, except as provided in this Code section, be liable for the tax at the applicable rate on the lodging charges actually collected or, if the amount of taxes collected from the hotel or motel guest is in excess of the total amount that should have been collected, the total amount actually collected must be remitted.
(ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (a)(l)(B)(i) of this Code section on the person or entity providing the room, lodging, or accommodation.
(C) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business.
(D) Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding

1848

JOURNAL OF THE SENATE

fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."
SECTION 2.
Said article is further amended by adding a new paragraph immediately following paragraph (3.5) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.6), to read as follows:
"(3.6) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which an attraction honoring the inventor of the cotton gin is planned, owned, or operated by the municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.6)) an amount equal to 83 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of promoting tourism, conventions, and trade shows; and an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of constructing, marketing, or operating an attraction honoring the inventor of the cotton gin. Marketing and operating expenditures may include a preopening marketing program for such facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such facility."
SECTION 3.
Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection."
SECTION 4.
Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows:

WEDNESDAY, MARCH 18, 1998

1849

"(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 3681-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection.
(10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (5), or (5.1) of this subsection."
SECTION 5.
Said article is further amended by striking Code Section 48-13-53, relating to procedures, and inserting in its place a new Code Section 48-13-53 to read as follows:
"48-13-53.
The Except as otherwise specifically provided in Code Section 48-13-51, the rate of taxation, the manner of imposition, payment, and collection of the tax, and all other procedures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article."
SECTION 6.
(a) There is created the Joint Hotel Motel Tax Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The Speaker shall designate a member of the committee as cochairperson of the committee. The President of the Senate shall designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee.

1850

JOURNAL OF THE SENATE

(b) The committee shall undertake a study of the need for a cap to be placed on sales taxes to be applied to hotel or motel rooms in any county or municipality which levies a hotel motel tax pursuant to paragraph (5) of subsection (a) of Code Section 48-13-51 of the O.C.G.A. and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this section. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this section shall come from the funds appropriated to the Senate and House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1998. The committee shall stand abolished on December 1, 1998.
(c) This section shall stand repealed in its entirety on December 1, 1998.
SECTION 7.
This Act shall become effective on July 1, 1998.
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.
Senator Eagan of the 40th moved that the Senate adopt the Conference Committee report on HB 609.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy

Griffin

Y Price,R

Balfour

Guhl

Y Price,T

Blitch

Harbison

Y Ragan

Boshears

Henson

Y Ralston

Y Bowen

Hill

N Ray

Y Broun, 46th

EX Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

James

Y Starr

N Burton

Johnson,D

Stokes

Y Cagle

Johnson,E

Y Streat

Y Cheeks

Kemp

N Tanksley

Y Clay

Lamutt

Y Taylor

Y Crotts

Land

Y Thomas,D

Y Dean

Langford

Y Thomas,N

Y Egan

Madden

N Thompson

Y Fort

Marable

Y Turner

Y Gillis

Middleton

Y Tysinger

Y Glanton

Oliver

Walker

N Gochenour

Perdue

On the motion, the yeas were 44, nays 6; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 609.

Senator Abernathy of the 38th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 32, nays 1; the motion prevailed, and Senator Stokes was excused.

WEDNESDAY, MARCH 18, 1998

1851

The following bills were taken up to consider House action thereto:

HB 1161. By Representatives Walker of the 141st, Buck of the 135th, Lee of the 94th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for the purchase or lease of a new lowemission vehicle or the conversion of a conventionally fueled vehicle.
Senator Starr of the 44th moved that the Senate recede from its amendment to HB 1161.
On the motion, 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

EX Hooks

Roberts

Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

EX Stokes

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

Langford

Y Thomas.N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Glanton

Y Oliver

Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 47, nays 0; the motion prevailed and the Senate receded

from its amendment to HB 1161.

HB 1441. By Representatives Hudgens of the 24th, McBee of the 88th and Heard of the 89th:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to repeal provisions relating to misdemeanor jurisdiction of municipal courts of certain consolidated governments.
Senator Broun of the 46th moved that the Senate recede from its substitute to HB 1441.
On the motion, 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
Cagle

Y Cheeks Y Clay Y Crotts Y Dean Y Egan

1852

JOURNAL OF THE SENATE

Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins Y James Y Johnson,D Y Johnson,E

Y Kemp Y Lamutt Y Land Y Langford Y Madden
Marable Y Middleton N Oliver Y Perdue Y Price,R Y Price,T Y Ragan Y Ralston Y Ray

Y Roberts Y Scott Y Starr EX Stokes Y Streat
Tanksley Y Taylor Y Thomas,D Y Thomas,N
Thompson Y Turner Y Tysinger Y Walker

On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate receded from its substitute to HB 1441.

HB 1268. By Representatives Holmes of the 53rd, Hecht of the 97th, Hudson of the 120th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain new definitions in the general and municipal elections codes; to enact a new Part 5 of Article 11 of Chapter 2 of said title regulating the use of optical scanning voting equipment.
Senator Thomas of the 10th moved that the Senate adhere to its substitute to HB 1268 and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President appointed as a Conference Committee, the following: Senators Ray of the 48th, Thomas of the 10th and Turner of the 8th.

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.
Senator Oliver of the 42nd moved that the Senate insist on its substitute to HB 409.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 409.

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 House substitute was as follows:

WEDNESDAY, MARCH 18, 1998

1853

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 rapid rail or intermodal bus 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 provide for exceptions; 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 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 a rapid rail or intermodal bus station shall be guilty of a misdemeanor:
(1) Spits, defecates, or urinates;
(2) Discards litter, except into receptacles designated for that purpose;
(3) Smokes 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 or, when providing food or beverage to any child under age 6;
fSX5) 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 harnessed and guide dogs or service dogs as described in Code Section 30-4-1 accompanied by a blind person and small animals piupeily 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 or capuchin monkeys used as service animals and small pets confined to rigid pet carriers with locks or latches;
(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

1854

JOURNAL OF THE SENATE

(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:
"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 leimiual, 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 Uu niiiials. 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:

WEDNESDAY, MARCH 18, 1998

1855

"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
(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.
Notwithstanding any other provision of this Act to the contrary, no person shall be charged with a misdemeanor for discarding litter, smoking or consuming tobacco, con-

1856

JOURNAL OF THE SENATE

suming food or beverage or possessing same, or playing any radio, cassette, cartridge, tape player or similar device, unless such person is first given notice by an appropriate transit official and is given a reasonable opportunity to cease the complained of act.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 444 by inserting on line 16 of page 1 immediately after the word "dogs" the words "and service capuchin monkeys".
By striking from line 34 of page 1 the following:
"subsection (a) of.
By inserting on line 5 of page 2 immediately after the word "rail" the word "station".
By striking in their entirety lines 12 through 14 of page 2 and inserting in lieu thereof the following:
"or beverage container, provided that this paragraph shall not apply to an operator of a public transit bus at an authorized layover point or to a person providing food or beverage to any child under age 5;".
By striking lines 21 through 29 of page 2 and inserting in lieu thereof the following:
"uye dugs piupeily liainessed and the following:
(A) A guide dog or service dog as described in Code Section 30-4-1 or a service capuchin monkey as described in Code Section 30-4-2, provided that such guide dog, service dog, or service capuchin monkey is accompanied by a blind pmsun and small animals piupeily packaged physically disabled person, blind person, person with visual disabilities, deaf person, or a person who is responsible for training a guide dog, service dog, or service capuchin monkey; and
(B) Small pets confined to rigid pet carriers with locks or latches;"
By striking from line 3 of page 3 the word "exists" and inserting in lieu thereof the word "exits".
By striking from line 9 of page 3 the designation "(a.l)" and inserting in lieu thereof the designation "(b)".
By striking the double quotation marks at the end of line 12 on page 3.
By inserting between line 12 and line 13 on page 3 the following:
"ftr)(c) A person convicted of a first offense of violating subsection (a) of this Code section shall be punished by a fine of not less than $50.00 and not more than $100.00. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than $100.00 and not more than $250.00 or by imprisonment for not more than ten days, or both.
fcXd) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state or local authorities or agencies, and local ordinances prohibiting such activities which are more restrictive than this Code section.' "
By striking lines 27 through 35 of page 5.

WEDNESDAY, MARCH 18, 1998

1857

Senator Oliver of the 42nd asked unanimous consent that her motion be withdrawn. The consent was granted.

Senators Oliver of the 42nd, Burton of the 5th, Price of the 56th and others moved that the Senate agree to the House substitute as amended by the following amendment:
Amend the House substitute to SB 444 by striking from line 34 of page 1 the following:
"subsection (a) of.
By inserting on line 5 of page 2 immediately after the word "rail" the word "station".
By striking in their entirety lines 12 through 14 of page 2 and inserting in lieu thereof the following:
"or beverage container, provided that this paragraph shall not apply to an operator of a public transit bus at an authorized layover point or to a person providing food or beverage to any child under age 5;".
By striking lines 21 through 29 of page 2 and inserting in lieu thereof the following:
"eye dugs properly haiuessud and the following:
(A) A guide dog or service dog as described in Code Section 30-4-1, provided that such guide dog or service dog is accompanied by a blind peisuii and small ammals piuptuly 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; and
(B) Small pets confined to rigid pet carriers with locks or latches;"
By striking from line 3 of page 3 the word "exists" and inserting in lieu thereof the word "exits".

By striking from line 9 of page 3 the designation "(a.l)" and inserting in lieu thereof the designation "(b)".
By striking the double quotation marks at the end of line 12 on page 3.
By inserting between line 12 and line 13 on page 3 the following:
"(bXc) A person convicted of a first offense of violating subsection (a) of this Code section shall be punished by a fine of not less than $50.00 and not more than $100.00. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than $100.00 and not more than $250.00 or by imprisonment for not more than ten days, or both.
fcXd) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state or local authorities or agencies, and local ordinances prohibiting such activities which are more restrictive than this Code section.'"
By striking lines 27 through 35 of page 5.
On the motion, 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 Brush
Y Burton Cagle
Y Cheeks Y Clay

Y Crotts Y Dean Y Egan Y Fort Y Gillis

1858

JOURNAL OF THE SENATE

Glanton

Y Lamutt

Y Roberts

Gochenour

Y Land

Y Scott

Griffin

Y Langford

Starr

Guhl

Y Madden

EX Stokes

Harbison

Y Marable

Y Streat

Henson

Y Middleton

Y Tanksley

Hill

Y Oliver

Y Taylor

EX Hooks

Perdue

Y Thomas,D

Y Huggins

Y Price,R

Thomas,N

Y James

Y Price,T

Thompson

Y Johnson,D

Y Ragan

Y Turner

Y Johnson.E

Y Ralston

Y Tysinger

Y Kemp

Ray

Walker

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed

to the House substitute as amended by the Senate.

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.
The House amendment was as follows:

Amend SB 544 by inserting "to provide for warehouse receipts for cotton and transfers or sales of cotton;" following "so as" on line 4 of page 1.
By striking "subsection" and inserting in its place "subsections (a) and" on line 13 of page 1, by striking "its" and inserting in its place "their" on line 14 of page 1, and by inserting between lines 14 and 15 of page 1 the following:
"'(a) Unless otherwise required by law or by rule or regulation, an original receipt shall be issued for cotton and, at the option of the warehousemen or depositor, be issued for any other agricultural products owned or stored by the warehousemen under this article. No receipt shall be issued, however, unless such products are actually stored in the warehouse at the time of the issuance of the receipt. The bluied receipted agricultural product will remain the property of the depositor until it is transferred or sold by him or her. Initial receipts for cotton shall be issued in the name of the producer. Transfers or sales from the cotton producer shall be endorsed by his or her signature on forms authorized by the Commissioner.'".
Senator Ragan of the llth moved that the Senate agree to the House amendment.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Brown, 26th

Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean

Egan Y Fort Y Gillis Y Glanton Y Gochenour
Griffin Y Guhl

WEDNESDAY, MARCH 18, 1998

1859

Y Harbison

Y Madden

Y Starr

Y Henson

Y Marable

EX Stokes

Y Hill

Y Middleton

Y Streat

EX Hooks

Y Oliver

Y Tanksley

Y Huggins

Perdue

Y Taylor

James

Y Price.R

Y Thomas.D

Y Johnson,D

Y Price,T

Thomas,N

Y Johnson,E

Y Ragan

Y Thompson

Y Kemp

Y Ralston

Y Turner

Y Lamutt

Y Ray

Y Tysinger

Y Land

Y Roberts

Walker

Y Langford

Y Scott

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to SB 544.

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

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 House substitute was as follows:
A RESOLUTION
Authorizing the conveyance of certain parcels of state owned real property located in Baldwin County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain parcels of real property located in Baldwin County, Georgia;
(2) Said real properties are all those tracts or parcels of land lying and being in the 319th GMD in Baldwin County, Georgia, containing approximately 90 acres fronting the west side of Highway 441 By-Pass and being denoted as PARCEL "A" on a drawing dated January 6, 1998, and approximately 8 acres fronting the east side of State Highway 22 and being denoted as PARCEL "B" on a drawing dated January 6, 1998, said drawing being on file in the offices of the State Properties Commission, and may be more particularly described on plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Georgia Department of Juvenile Justice;
(4) The above-described PARCEL "A" is separated from the main campus of the Baldwin County Youth Development Center by Highway 441 By-Pass and the above-described PARCEL "B" is separated from the main campus of the Baldwin County Youth Development Center by State Highway 22;
(5) The subject properties are not being utilized and the Department of Juvenile Justice has determined it will have no future need for the properties; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia;
(2) Said real property is all that tract or parcels of land lying and being in the 319th GMD in Baldwin County, Georgia, containing approximately 3 acres as shown as PAR-

1860

JOURNAL OF THE SENATE

GEL "C" on a drawing dated January 7, 1998, on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Georgia Department of Juvenile Justice at its Baldwin County Youth Development Center campus;
(4) The Baldwin County Chapter of the American Red Cross is desirous of relocating its present facilities to a new location and has determined that the subject property would be the preferred site to locate new facilities;
(5) The subject property is currently not being utilized and the Department of Juvenile Justice has no objection to its disposition; and
WHEREAS:
(1) The State of Georgia is the owner of 72 certain parcels of improved real property located in the City of Milledgeville, Baldwin County, Georgia;
(2) Said real properties are all those 72 houses and surrounding tracts or parcels of land as indicated on a drawing dated December 12, 1996, entitled "CSH Personal Dwellings" and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat or plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Human Resources and Department of Corrections for use as personal dwellings;
(4) It has been determined that it would be in the best interests of the State of Georgia that all or a portion of the above-described improved properties be sold; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia;
(2) Said real property is all those tracts or parcels of land lying and being in the 319th GMD in Baldwin County, Georgia, containing a total of approximately 10 acres as shown as PARCELS "G" and "F" on a drawing dated February 9, 1998, on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Georgia Department of Juvenile Justice at its Baldwin County Youth Development Center campus;
(4) The Oconee Regional Medical Center, which is owned by the Hospital Authority of Baldwin County, is adjacent to the above-described property and is desirous of acquiring the property in order to expand its facilities;
(5) The subject property is currently not being utilized by the Department of Juvenile Justice and the department has no objection to its disposition.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, MARCH 18, 1998

1861

ARTICLE I
SECTION 1.
That the State of Georgia is the owner of the above-described real properties denoted as Parcel "A" and that in all matters relating to the conveyance of the real properties the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That all or a portion of each of the above-described real properties shall be sold by competitive bid for a consideration of the fair market value of such properties as determined to be in the best interest of the State of Georgia by the State Properties Commission or shall be exchanged for property or properties of an equal value as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of each of the above-described real properties may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3.
That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 4.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 5.
That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 6.
That the State of Georgia is the owner of the above-described real property denoted as PARCEL "C" and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 7.
That the above-described property located in Baldwin County shall be conveyed by appropriate instrument to the Baldwin County Chapter of the American Red Cross by the State of Georgia, acting by and through its State Properties Commission, for the consideration of the fair market value, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 8.
That the authorization in this resolution to convey the above-described property to the Baldwin County Chapter of the American Red Cross shall expire three years after the date that this resolution becomes effective.

1862

JOURNAL OF THE SENATE

SECTION 9.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 10.
That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
SECTION 11.
That the State of Georgia is the owner of the above-described real properties denoted and entitled "CSH Personal Dwellings" and that in all matters relating to the conveyance of the real properties the State of Georgia is acting by and through its State Properties Commission.
SECTION 12.
That all or a portion of each of the above-described real properties shall be sold by appropriate instrument by the State of Georgia, acting by and through the Department of Human Resources with the approval of the State Properties Commission, for a consideration of the fair market value as determined by the State Properties Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia; provided, however, that any of the existing tenants of the 72 parcels of improved real property shall have the option to purchase the parcel of improved real property where such person resides for a consideration of the fair market value of such property as determined by the State Properties Commission less 10 percent, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia; provided, further, that an existing tenant shall have 30 days from the date of receiving notice of such option from the State Properties Commission to exercise such option and the exercise of such option to purchase shall be in the form and manner as prescribed by the State Properties Commission. If a tenant fails to exercise an option to purchase, the parcel of improved real property subject to the option shall be sold as provided in this section.
SECTION 13.
That a minimum of five of the above-described houses and surrounding tracts or parcels shall be available for sale at all times until it is determined by the State Properties Commission that no further houses and surrounding tracts or parcels should be sold.
SECTION 14.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 15.
That the deeds of conveyance shall be recorded by the purchaser in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

WEDNESDAY, MARCH 18, 1998

1863

ARTICLE IV
SECTION 16.
That the State of Georgia is the owner of the above-described real property denoted as PARCELS "G" and "F" and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 17.
That the above-described property located in Baldwin County shall be conveyed by appropriate instrument to the Hospital Authority of Baldwin County by the State of Georgia, acting by and through its State Properties Commission, for the consideration of the fair market value, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 18.
That the Hospital Authority of Baldwin County will not construct any facility or operate any program that would cause the Hospital Authority of Baldwin County to object to any activities or construction that the Department of Juvenile Justice may deem appropriate for the custody, care, or treatment of juveniles on the adjacent property remaining under the custody of the Department of Juvenile Justice.
SECTION 19.
That the Hospital Authority of Baldwin County will not construct any facility or conduct any programs that would cause the Department of Juvenile Justice to make modifications to the existing dam on the property adjacent to the site desired by the Hospital Authority of Baldwin County; and if such construction or programs were inadvertently pursued by the hospital, the cost to the Department of Juvenile Justice for modifications to the dam would be reimbursed by the Hospital Authority of Baldwin County.
SECTION 20.
That the authorization in this resolution to convey the above-described property to the Hospital Authority of Baldwin County shall expire three years after the date that this resolution becomes effective.
SECTION 21.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 22.
That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE V
SECTION 23.
That all laws and parts of laws in conflict with this resolution are repealed.
Senator Griffin of the 25th 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 Balfour
Y Blitch

Y Boshears Y Bowen Y Broun, 46th

Brown, 26th Y Brush Y Burton

1864

JOURNAL OF THE SENATE

Y Cagle

Y Huggins

Ralston

Y Cheeks

Y James

Ray

Y Clay

Johnson,D

Roberts

Y Crotts

Y Johnson,E

Scott

Y Dean

Y Kemp

Starr

Egan

Y Lamutt

EX Stokes

Y Fort

N Land

Y Streat

Y Gillis

Y Langford

Y Tanksley

Y Glanton

Y Madden

Y Taylor

Y Gochenour

Y Marable

Y Thomas.D

Y Griffin

Y Middleton

Thomas,N

Y Guhl

Y Oliver

Y Thompson

Y Harbison

Perdue

Y Turner

Y Henson

Y Price,R

Y Tysinger

Y Hill

Price,T

Walker

EX Hooks

Ragan

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed

to the House substitute to SR 493.

The following bills were taken up to consider House action thereto:

HB 1737. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to provide for an advisory referendum election to be held in Floyd County for the purposes of ascertaining if the consolidation of Floyd County and the City of Rome is desired by the people of said county.
The House amendment was as follows:
Amend the Senate substitute to HB 1737 as follows:
by adding the word "governments" after the word Rome on page 1, line 3 and by striking the word "area" on line 23, page 2 and inserting the words "Rome-Floyd"
Senator Marable of the 52nd moved that the Senate agree to the House amendment to the Senate substitute.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1737.

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.
The House amendment was as follows:

Amend SB 574 by adding after the word "recycled" on line 10 of page 3 the following: "content". Senator Hill of the 4th moved that the Senate agree to the House amendment to SB
574. On the motion, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 18, 1998

1865

Y Abernathy

Y Griffin

Y Price,R

Balfour

Y Guhl

Y Priee.T

Y Blitch

Y Harbison

Ragan

Y Boshears

Y Henson

Y Ralston

Y Bowen

Y Hill

Y Ray

Y Broun, 46th

EX Hooks

Y Roberts

Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

EX 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

Fort

Y Marable

Y Turner

Gillis

Y Middleton

Y Tysinger

Glanton

Y Oliver

Walker

Gochenour

Perdue

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to SB 574.

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 House amendment was as follows:

Amend SB 569 by striking from line 43 on page 4 the word "may" and inserting in lieu thereof the word "shall".
By striking from lines 43 on page 4 through line 2 on page 5 the following:
"members of the General Assembly, Friends of Georgia Music Festival, Inc., and other".
By striking lines 19 through 30 on page 5 which read as follows:
"(c) It shall be the main purpose and function of the advisory committee to make recommendations to the Georgia Music Hall of Fame Authority for induction into the Georgia Music Hall of Fame those individuals, living or dead, who by achievement or service have made outstanding and lasting contributions to music in this state or elsewhere; provided, however, that only persons selected by the Georgia Music Hall of Fame Authority shall be honored in the Georgia Music Hall of Fame. The advisory committee is authorized to conduct surveys and polls and to appoint such committees to assist it in performing its purpose and function."
Senator Dean of the 31st moved that the Senate agree to the House amendment.
On the motion, a roll call was taken, and the vote was as follows:

1866

JOURNAL OF THE SENATE

Y Abernathy

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

Hill

Y Ray

Y Broun, 46th

EX Hooks

Y Roberts

Brown, 26th

Huggins

Y Scott

Brush

Y James

Starr

Y Burton

Y Johnson,D

EX 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

Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Perdue

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to SB 569.

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.
Senator Brush of the 24th moved that the Senate recede from its substitute to HB 1439.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 1439.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration.
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
SB 522. By Senators Walker of the 22nd, Dean of the 31st, Harbison of the 15th and others:

WEDNESDAY, MARCH 18, 1998

1867

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 following bill was taken up to consider House action thereto:
SB 166. By Senator Langford of the 29th:
A bill to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to authorize the board of trustees of the Self-insurers Guaranty Trust Fund to levy penalties and fines against self-insured employers; to provide for individual immunity for the administrator and staff of the fund.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to authorize the board of trustees of the Self-insurers Guaranty Trust Fund to levy penalties and fines against self-insured employers; to provide for individual immunity for the administrator and staff of the fund; to provide that the board of trustees shall use the security deposit of any participant to pay the workers' compensation obligation assumed by said board; to require the State Board of Workers' Compensation to furnish the board of trustees with a complete, original bound copy of each participant's audit; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, is amended by striking Code Section 34-9-384, relating to the general powers of the board of trustees of the Self-insurers Guaranty Trust Fund, and inserting in lieu thereof the following:
"34-9-384.
The board of trustees shall possess all powers necessary and convenient to accomplish the objectives prescribed by this article, including, but not limited to, the following:
(1) Not later than 90 days from its appointment, the board of trustees must make and submit to the board for approval such bylaws, rules, regulations, and resolutions as are necessary to carry out its responsibilities, including, but not limited to, the establishment of an application fee. The board of trustees may carry out its responsibilities directly or by contract or other instrument and may purchase such services, borrow money, purchase excess insurance, levy penalties and fines, and collect such funds as it deems necessary to effectuate its activities and protect the members of the board of trustees and its employees. The board of trustees shall appoint, retain, and employ such persons as it deems necessary to achieve the purposes of the board of trustees. All expenses incurred pursuant to this provision shall be paid from the fund:;

1868

JOURNAL OF THE SENATE

(2) The board of trustees shall meet not less than quarterly and shall meet at other times upon the call of the chairman chairperson, issued to the trustees in writing not less than 48 hours prior to the day and hour of the meeting, or upon a request for a meeting presented in writing to the chaiiaiaii chairperson not less than 72 hours prior to the proposed day and hour of the meeting and signed by at least a majority of the trustees, whereupon the chaiiiiian chairperson shall provide notice issued in writing to the trustees not less than 48 hours prior to the meeting and shall convene the meeting at the time and place stated in the request:;
(3) Four trustees shall constitute a quorum to transact business at any meeting, and the affirmative vote of four trustees shall be necessary for any action taken by the board of trustees. No vacancy shall otherwise impair the rights of the remaining trustees to exercise all of the powers of the board of trustees?;
(4) The board of trustees shall serve without compensation, but each member shall be entitled to be reimbursed for necessary and actual expenses incurred in the discharge of his or her official duties:; and
(5) The board of trustees shall have the right to bring and defend actions only in the name of the fund. Neither the trustees nor their employers shall be liable individually for matters arising from or out of the conduct of the affairs of the fund."
SECTION 2.
Said article is further amended by striking Code Section 34-9-387, relating to reimbursement and security deposit from participant for compensation obligations, and inserting in lieu thereof the following:
"34-9-387.
(a) The board of trustees shall have the right and obligation to obtain reimbursement from any participant for compensation obligations in the amount of the participant's compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, claims for all benefits and reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees.
(b) The board of trustees shall have the right and obligation to obtain fium use the security deposit of any participant, its excess insurance carrier, and of any other guarantor Qie amuuiiL uf to pay the participant's workers' compensation obligation assumed by the board of trustees and paid fium the fund by the buaid uf U listens as directed by the board, including reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees.
(c) The board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of its compensation obligations, in any action or proceeding under the participant's excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit, excess insurance carrier, and from any other guarantor to satisfy such obligations."
SECTION 3.
Said article is further amended by striking Code Section 34-9-388, relating to reports of participant's insolvency and audits and review of applications for self-insurance and recommendations thereon, and inserting in lieu thereof the following:

WEDNESDAY, MARCH 18, 1998

1869

"34-9-388.

(a) It shall be the duty of the board to report to the board of trustees when the board has reasonable cause to believe that any participant examined or being examined may be in danger of insolvency.
(b) The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a complete, original bound copy of each participant's audit performed in accordance with generally accepted auditing standards by an independent certified public accounting firm, three to five years of loss history, name of the person or company to administer claims and any other pertinent information submitted to the board to authenticate the participant's self-insured status. The board of trustees may contract for the services of a qualified certified public accountant or firm to review, analyze, and make recommendations on these documents. All financial information submitted by a participant shall be considered confidential and not public information.
(c) The board of trustees shall make reports and recommendations to the board upon any matter germane to the solvency, liquidation, or rehabilitation of any participant. The board of trustees shall examine the same documents as required in subsection (b) of this Code section. Such reports and recommendations shall not be considered public documents.
(d) The board of trustees shall have the authority to review all applications for self-insurance and shall make recommendations to the board concerning the acceptance of the prospective self-insurer. If the board rejects in part or in whole the recommendations of the board of trustees, the board shall give written notice to the board of trustees ten days prior to accepting the application for self-insurance."
SECTION 4.
This Act shall become effective on July 1, 1998.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Langford of the 29th moved that the Senate agree to the House substitute.
On the motion, a roll call was taken, and the vote was as follows:

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

Y Glanton Y Gochenour
Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks
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 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
Thomas,D

1870

JOURNAL OF THE SENATE

Y Thomas,N

Y Tysinger

Thompson

Walker

Y Turner

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 166.

The following resolutions were taken up to consider House action thereto:

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.
The House substitute was as follows:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Hancock County; authorizing the conveyance of certain state owned real property located in Appling County; authorizing the conveyance of certain state owned real property located in Fulton County; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in the City of Sparta, Hancock County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in the 102nd G.M. District of Hancock County and containing approximately 5 acres as shown on a plat of survey prepared by P.E. Ogletree, Georgia Registered Land Surveyor No. 902, dated August 27, 1959, and revised February 7, 1962, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Hancock County;
(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that the subject property is no longer required to support their current missions or any anticipated future missions and have therefore declared the property surplus;
(5) The Hancock County Board of Commissioners conveyed the above-described property to the state December 1, 1959, for the consideration of $1.00;
(6) The Hancock County Board of Commissioners is desirous of acquiring the abovedescribed state owned property; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Land Lot 191 of the 2nd District of Appling County and containing approximately 7.16 acres as shown on a plat of survey prepared by H. K. Emanuel dated December 2, 1961, and revised February 7, 1962, and on file in the offices of the State Properties Com-

WEDNESDAY, MARCH 18, 1998

1871

mission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Appling County;
(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus;
(5) The Appling County Board of Commissioners conveyed the above-described property to the state on January 12, 1962, for the consideration of $10.00;
(6) The Appling County Board of Commissioners is desirous of acquiring the abovedescribed state owned property for public use if the property is declared surplus; and
WHEREAS:
(1) The State of Georgia is the owner of certain parcels of real property located in Fulton County, Georgia;
(2) Said parcels of real property are all those portions of parcel 4 and parcel 8 as shown on Right of Way and Track Map, Western and Atlantic Railroad Company, drawing V221 and V302/1, containing approximately 1.69 acres, dated July 29, 1958, said parcels being described as parcels "A", "B" and "C" and located in Land Lot 243 and Land Lot 244 of the 17th District of Fulton County, Georgia, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval;
(3) The above-described property was a part of the state owned Western and Atlantic Railroad right of way and has been abandoned and is no longer needed by the state;
(4) The City of Atlanta is expanding its R. M. Clayton Wastewater Treatment Plant on property which adjoins the above-described property; and
(5) The City of Atlanta is desirous of obtaining the above-described property as a part of said expansion.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That the State of Georgia is the owner of the above-described real property located in Hancock County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the above-described real property located in Hancock County shall be conveyed by appropriate instrument to the Hancock County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

1872

JOURNAL OF THE SENATE

SECTION 3.
That, if the Hancock County Board of Commissioners determines the need to convey all or a portion of the ahove-described property to a private person or corporation or other entity, then, hefore any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
SECTION 4.
That the authorization in this resolution to convey the above-described property to the Hancock County Board of Commissioners shall expire three years after the date that this resolution becomes effective.
SECTION 5.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 6.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hancock County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 7.
That the State of Georgia is the owner of the above-described real property located in Appling County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 8.
That the above-described real property located in Appling County may be conveyed by appropriate instrument to the Appling County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares the property surplus to its needs and vacates the facilities, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 9.
That the authorization in this resolution to convey the above-described property to the Appling County Board of Commissioners shall expire five years after the date that this resolution becomes effective.
SECTION 10.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Appling County and a recorded copy shall be forwarded to the State Properties Commission.

WEDNESDAY, MARCH 18, 1998

1873

ARTICLE III
SECTION 12.
That the State of Georgia is the owner of the above-described real property located in. Fulton County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 13.
That the above-described real property located in Fulton County shall be conveyed by appropriate instrument to the City of Atlanta by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 14.
That the authorization in this resolution to convey the above-described property to the City of Atlanta shall expire three years after the date that this resolution becomes effective.
SECTION 15.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 16.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IV
SECTION 17.
All laws and parts of laws in conflict with this resolution are repealed.
Senator Griffin of the 25th 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 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
Gillis

Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill EX Hooks Y Huggins Y James Y Johnson,D Y Johnson.E Y Kemp Y Lamutt Y Land
Langford Y Madden

Y Marable Y Middleton
Oliver Perdue 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

1874

JOURNAL OF THE SENATE

Y Thomas,N Y Thompson

Y Tysinger Walker

Y Turner

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 560.

SR 489. By Senator Middleton of the 50th:
. 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 House substitute was as follows:

A BILL
To be entitled an Act 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; authorizing the conveyance of certain state owned real property located in Coffee County, Georgia; 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; 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 effective dates; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in White County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Land Lot 6 of the 3rd District of White County, Georgia, and containing approximately 648 square feet, denoted as Parcel "2" on a plat of survey by Edwin G. Davidson, Georgia Registered Land Surveyor No. 2586, dated June 9, 1997, revised January 6, 1998, on file in the offices of the State Properties Commission;
(3) Sidney W. Shortt and Sherry E. Shortt represent that they are the owners of certain real property lying and being in Land Lot 6 of the 3rd District of White County and containing approximately 648 square feet and denoted as Parcel "3" on said plat of survey prepared by Edwin G. Davidson, Georgia Registered Land Surveyor No. 2586;
(4) Sidney W. Shortt and Sherry E. Shortt own a residence which adjoins state owned property under the custody of the Department of Natural Resources known as Unicoi State Park in White County;
(5) Sidney W. Shortt and Sherry E. Shortt encroached onto state property in the construction of their residence;
(6) Sidney W. Shortt and Sherry E. Shortt are desirous of exchanging the above-described Parcel "3", which they own, for the above-described Parcel "2" which the State of Georgia owns, thereby resolving the encroachment; and

WEDNESDAY, MARCH 18, 1998

1875

(7) The Department of Natural Resources has no objection to the exchange of the above-described properties; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in the City of Douglas, Coffee County, Georgia;
(2) Said real property is more particularly described as All that tract or parcel of land containing three (3) acres of original Lot of Land No. 175 in the 6th Land District of Coffee County, Georgia, and more particularly described as follows:
BEGINNING on the west boundary line of the right of way of U. S. Highway No. 441 at a point 752 feet north of the intersection of the south original land lot line of said lot with the west boundary line of the right of way of said highway; thence south 84 degrees west a distance of 653.4 feet; thence north 4 degrees 20 minutes west 200 feet; thence north 84 degrees east 653.4 feet to the west boundary line of the right of way of U. S. Highway No. 441; thence south 4 degrees 20 minutes east along the west boundary line of said right of way a distance of 200 feet to the point of beginning,
and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Georgia Department of Public Safety;
(4) The above-described property was conveyed by Coffee County to the State of Georgia in 1964 for the consideration of $10.00;
(5) The Douglas-Coffee County Industrial Authority is desirous of building a new State Patrol facility in exchange for conveyance of the above-described state owned property; and
(6) The Department of Public Safety is desirous of bringing about said exchange; and
WHEREAS:
(1) The State of Georgia claims ownership to all coastal marshlands below the high water mark not specifically conveyed by a Crown Grant;
(2) A certain portion of the above-mentioned marshlands containing approximately 260 acres and known as a portion of an area known as Causton's Bluff is located in Chatham County;
(3) Theodore I. Jockisch claims ownership to certain marshlands and highground in Chatham County by virtue of a Crown Grant containing approximately 142 acres and known as a portion of an area known as Causton's Bluff and has evidenced such claim in Chatham County;
(4) Ownership in title to the above-mentioned 142 acre tract of marshlands and highground is unclear; and
(5) Theodore I. Jockisch is desirous of conveying his claim and interest to all of the marshlands which consist of approximately 131 acres and approximately 1.07 acres of highground in exchange for the state's conveying its claim and interest in approximately 9.57 acres of highground; and
WHEREAS:
(1) The State of Georgia is the owner of a certain tract or parcel of real property located in the City of Marietta, Cobb County, Georgia;

1876

JOURNAL OF THE SENATE

(2) Said real property is all that tract or parcel of land situate, lying, and being in Cobb County, Georgia, lying in and being more particularly described as follows:
All that certain tract or parcel of land containing approximately 0.32 of one acre and situated, lying and being in Land Lot 1218 of the 16th District, Second Section, Cobb County, Marietta, Georgia, and being more particularly described as follows: Beginning at a point in the north line of Depot Street, thirty-three (33) feet westwardly from and at right angles to the centerline of the main track of the Western and Atlantic Railroad; thence westwardly along said north line of Depot Street, a distance of one hundred (100) feet, more or less, to a point, said point being the southeastern corner of the property leased to the City of Marietta by lease agreement between the State Properties Commission and the City of Marietta dated September 4, 1973; thence northwardly along the eastern boundary of said leased property, a distance of one hundred forty-one and three tenths (141.3) feet, more or less, to a point in the south line of Mill Street; thence eastwardly along said south line of Mill Street, a distance of one hundred (100) feet, more or less, to a point, said point being thirty-three (33) feet westwardly from and at right angles to the centerline of said main track; thence southwardly along a line thirty-three (33) feet westwardly from and parallel to said centerline of main track, a distance of one hundred fortyone and three tenths (141.3) feet, more or less, to the point of beginning,
and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by lessee to the State Properties Commission for approval; and
(3) Said property is under the custody of the State Properties Commission;
(4) Said property was leased to the City of Marietta, Cobb County, on September 14, 1977, for a term of 20 years as authorized by RA 100 (HR 583-1560) of the 1976 General Assembly; and
(5) The City of Marietta is desirous of leasing the above-described state property for an additional ten years with the option to purchase the property for the fair market value at any time during the term of the lease.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That in all matters relating to the conveyance of the real herein described state owned property in White County and the acceptance of the herein described Sidney W. Shortt and Sherry E. Shortt owned real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the above-described real property in White County by appropriate instrument to Sidney W. Shortt and Sherry E. Shortt and to accept as consideration therefor from Sidney W. Shortt and Sherry E. Shortt a conveyance of the above-described Sidney W. Shortt and Sherry E. Shortt owned real property, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

WEDNESDAY, MARCH 18, 1998

1877

SECTION 3.
That the authorization in this resolution to convey the above-described property to Sidney W. Shortt and Sherry E. Shortt shall expire three years after the date that this resolution becomes effective.
SECTION 4.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 6.
That the State of Georgia is the owner of the above-described real property located in Coffee County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 7.
That the above-described real property shall be conveyed by appropriate instrument to the Douglas-Coffee County Industrial Authority by the State of Georgia, at such time as the Department of Public Safety declares the subject property surplus to its need, acting by and through the State Properties Commission, for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 8.
That the Douglas-Coffee County Industrial Authority shall construct a new Georgia State Patrol facility acceptable to the Georgia State Patrol prior to the Georgia State Patrol vacating the current facility.
SECTION 9.
That the authorization in this resolution to convey the above-described property to the Douglas-Coffee County Industrial Authority shall expire three years after the date that this resolution becomes effective.
SECTION 10.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
SECTION 12.
That in all matters relating to the conveyance of the real herein described state owned property or property interest in Chatham County, Georgia, and the acceptance of the herein described Theodore I. Jockisch owned real property the State of Georgia is acting by and through its State Properties Commission.

1878

JOURNAL OF THE SENATE

SECTION 13.
That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the herein described 9.57 acres of state owned real property in Chatham County by appropriate instrument to Theodore I. Jockisch and to accept as consideration therefor from Theodore I. Jockisch a conveyance of the above-described Theodore I. Jockisch owned real property and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 14.
That the authorization in this resolution to convey the above-described property to Theodore I. Jockisch shall expire three years after the date this resolution becomes effective.
SECTION 15.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 16.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE IV
SECTION 17.
That the State of Georgia is the owner of the referenced above-described real property in Land Lot 1218 of the 16th District, Second Section, Cobb County and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 18.
That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described tract of land to the City of Marietta for a period of ten years commencing with the execution of the lease agreement.
SECTION 19.
That the consideration for such lease shall be $250.00 per year, so long as the property is used for public purposes, and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
SECTION 20.
That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $250.00 per year is to be remitted to the State of Georgia.
SECTION 21.
That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described tract of land to the City of Marietta for a consideration of the fair market value at any time during the term of the above-authorized lease, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

WEDNESDAY, MARCH 18, 1998

1879

SECTION 22.
That the authorization in this resolution to lease the above-described property to the City of Marietta shall expire five years after the date that this resolution becomes effective.
SECTION 23.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing.
SECTION 24.
That this lease agreement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE V
SECTION 25.
That Articles I, IV, and V of this resolution shall become effective upon their approval by the Governor or upon their becoming law without such approval. The remaining articles, sections, and provisions of this Act shall become effective July 1, 1998.
SECTION 26.
All laws and parts of laws in conflict with this resolution are repealed.
Senator Middleton of the 50th 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

Y Griffin

Y Price,R

Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks

Y Guhl Y Harbison
Henson Y Hill EX Hooks Y Huggins Y James Y Johnson,D Y Johnson,E Y Kemp

Y Price.T Y Ragan Y Ralston Y Ray Y Roberts Y Scott Y Starr EX Stokes Y Streat Y Tanksley

Y Clay Y Crotts Y Dean
Egan

Y Lamutt N Land
Langford Y Madden

Y Taylor Y Thomas,D Y Thomas,N Y Thompson

Y Fort Y Gillis Y Glanton Y Gochenour

Y Marable Y Middleton Y Oliver
Perdue

Y Turner Y Tysinger
Walker

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SR 489.

The following bills were taken up to consider House action thereto:

SB 661. By Senator Clay of the 37th:

1880

JOURNAL OF THE SENATE

A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Metropolitan River Protection Act," so as to define the term "owner" and revise the definitions of the terms "plan" and "watercourse"; to make a certain legislative finding; to provide for one or more comprehensive land and water use plans.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Metropolitan River Protection Act," so as to define the term "owner" and revise the definitions of the terms "plan" and "watercourse"; to make a certain legislative finding; to provide for one or more comprehensive land and water use plans; to provide for the preparation and transmittal of a plan relating to land brought within the stream corridor on or after July 1, 1998; to prohibit certain land uses pending adoption of a plan relating to land brought within the stream corridor on or after July 1, 1998; to require certain written notices to be sent to certain owners of land and other persons; to provide for a certain exception to the application of this part relating to land first brought within the stream corridor on or after July 1, 1998; to require local governing authorities to adopt certain land use regulations relating to land brought within the stream corridor on July 1, 1998; 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 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Metropolitan River Protection Act," is amended in Code Section 12-5-441, relating to definitions, by striking in their entirety paragraphs (12) through (18) and inserting in lieu thereof new paragraphs (12) through (19) to read as follows:
"(12) 'Owner' means the record title owner, according to the deed records, of the land described in an application for a certificate and may or may not be the same person as the applicant. For purposes of this part, if the owner is a corporation, notice shall be given to the legal representative as delineated by records kept in the office of the Secretary of State.
(12X13) 'Person' means any individual, partnership, corporation, trust, entity, or authority and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions, or other agencies.
(3X14) 'Plan' means the comprehensive plan or plans prepared by the center pursuantlb Code Section 12-5-443.
tt4X15) 'Political subdivision' means a county or a municipality in which the section of the river corridor to be affected or any part thereof is located.
(10X16) 'Public notice' means a legal notice in a newspaper of general circulation in the political subdivision at least once a week for two consecutive weeks.
(16X17) 'Stream corridor' means all land in the area in the watercourse, within 2,000 feet of the watercourse, or within the flood plain, whichever is greater.
(7X18) 'Tributary' means any flowing stream which flows into the major stream at a point which is within the stream corridor.

WEDNESDAY, MARCH 18, 1998

1881

(18X19) 'Watercourse' means the banks of a major stream, including any impoundments thereon, in the area as defined by the low-water mark of such stream and any impoundments and including the entire bed of such stream and any impoundments and all islands therein, from the point where the stream enters the area downstream to a lima perpeiidiculai aciuss the flaw uf such atieaui at (lus point,
WiLlliii LlIG iii tifl., wll-idi iS Llie ISSt QGW'u.oLi'tjfljtll WttW cjnpjjljfllltfctttti iGCcttlGil IO1" ciil^
pulitical subdivision in the area the point where the stream leaves the area."
SECTION 2.
Said part is further amended in Code Section 12-5-442, relating to legislative findings and purposes, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The General Assembly finds that adequate supplies of clean drinking water for drinking and other purposes constitute the lifeblood of the great metropolitan areas of this state and are, therefore, essential to the health, welfare, and economic progress of the state; that development adjacent to major streams in certain metropolitan areas requires special regulation to provide adequate protection for public water supplies; that siltation and urban runoff threaten such water supplies; that flood plain development unnecessarily exposes life and property to loss by flooding while increasing flood risks for other areas; that over-intensive development adjacent to major streams increases the frequency and severity of such flooding; that it is in the public interest to avoid future flood damage and possible loss of life, to control erosion and pollution, and to protect the water quality of major streams in certain metropolitan areas."
SECTION 3.
Said part is further amended in Code Section 12-5-443, relating to the duties and powers of a regional development center, by striking in its entirety paragraph (1) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Prepare, adopt, and keep up to date a one or more comprehensive, coordinated land and water use plan for the stream corridor. The plan, as prepared and approved by the center, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. In preparing, adopting, and updating the plan, the center shall be authorized to account for the varying characteristics of different sections of the stream corridor and set land use criteria accordingly. At least eight weeks prior to adoption of a plan for all land brought within the stream corridor on or after July 1, 1998, notice that the property is subject to the 'Metropolitan River Protection Act,' including notice of the process of adoption of the plan to be followed by the center, shall be provided by United States mail to each property owner within the affected portion of the stream corridor as shown by the prior year's property tax records. The failure of any owner to actually receive such notice shall not affect the applicability of the plan to such owner's property or create any cause of action for damages or equitable relief. The plan, as adopted by the center, shall be transmitted to each political subdivision by June 16, 1973. The plan as adopted by the center for any and all land brought within the stream corridor after March 1, 1983, shall be transmitted to each political subdivision and to the director by July 1, 1983. The plan adopted by the center for any and all land brought within the stream corridor on or after July 1, 1998, shall be transmitted to each political subdivision and to the director by October 1, 1998. The center may, after hearing, utilize or adopt an existing plan or plans as the plan called for by this part. The center

1882

JOURNAL OF THE SENATE

may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the center shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The center shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies;".
SECTION 4.
Said part is further amended by striking in its entirety Code Section 12-5-444, relating to prohibited land and water uses and certificates of compliance with the comprehensive plan, and inserting in lieu thereof a new Code Section 12-5-444 to read as follows:
"12-5-444.
(a)(l) Pending adoption of the plan by the center, it shall be unlawful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center, issue a letter or written statement signed by the executive director of the center ruling with respect to any proposed land or water use in any political subdivision that none of the above-listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance.
(2) Pending adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, issue a letter or written statement signed by the executive director of the center, ruling with respect to any proposed land-disturbing activity in or on such land that none of the abovelisted adverse effects will occur as a result of the proposed use.
(3) Pending adoption of the plan by the center as to any land brought within the stream corridor on or after July 1, 1998, it shall be unlawful for any person to engage in any land-disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect

WEDNESDAY, MARCH 18, 1998

1883

the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the center may, prior to the adoption of the plan by the center as to any land brought within the stream corridor on or after July 1, 1998, issue a letter or written statement signed by the executive director of the center, ruling with respect to any proposed land-disturbing activity in or on such land that none of the above-listed adverse effects will occur as a result of the proposed use.
(b)(l) After adoption by the center of the plan or any portion thereof or any amendment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land-disturbing activity in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision issues a certificate for the proposed use pursuant to Code Section 12-5-445.
(2) The governing authority shall, before referring the application to the center pursuant to Code Section 12-5-445, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request and as required by the plan and rules and regulations adopted pursuant to this part.
(3) Any land-disturbing activity shall be done strictly in accordance with the certificate issued under this part. Any substantial change or modification of a proposed land-disturbing, activity for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part.
(4) The governing authority shall adopt ordinances, regulations, or procedures as necessary to assure that any land-disturbing activity is conducted in compliance with the plan and the certificate.
(c) The governing authority shall give public notice of and shall hold a public hearing before issuing or denying any certificate under this Code section. Written notice of the public hearing shall be mailed to the applicant and to the owner at least ten days prior to the hearing. The form and procedure for such hearings shall be determined by the governing authority involved, provided that all interested persons shall be afforded adequate notice of such hearings and an opportunity to be present and express their views. The information required under paragraph (2) of subsection (b) of this Code section shall be filed in final form and be available for public inspection prior to such hearing.
(d) The governing authority shall delineate and clearly label the stream corridor on the zoning map and the official map of such governing authority."
SECTION 5.
Said part is further amended in Code Section 12-5-445, relating to the review of an application for a building permit or other written authorization by a regional development center, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) In any case where the center has recommended modification of an application, the governing authority may:

1884

JOURNAL OF THE SENATE

(1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated;
(2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority:
(A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the center's recommendation, after giving public notice and after mailing notice to the applicant, the owner, and to the center at least five ten days prior to the hearing;
(B) Gives full consideration to all comments made at the second public hearing;
(C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and
(D) Reaffirms the vote to override the center's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(3) Request reconsideration of such recommendation by the center at a public hearing.
If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the center to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the center within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least fire ten days prior to the hearing to the governing authority, and tu the applicant, and the owner and public notice shall be given. The center shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant, the owner, or by the governing authority involved."
SECTION 6.
Said part is further amended in Code Section 12-5-451, relating to land uses to which this part does not apply, by striking the word "or" at the end of paragraph (4) and by striking in its entirety paragraph (5) and inserting in lieu thereof new paragraphs (5) and (6) to read as follows:
(5)(A) Any miiu uiwalci use ui laiiu-uiBluiuing activitywljuuli is unuciLaKcii ui
linajLiceil, 111 vVllulc Oi ui ^jcti t, Ijy Llic UG^JCII Liiiciit 01 1 L cinapOi LciLiuii ul tlic oLcxLc Or

WEDNESDAY, MARCH 18, 1998

1885

Qeoigia. With regard to any land included in the stream corridor for the first time on or after July 1, 1998, any land or water use or land-disturbing activity:
(i) Which on July 1, 1998, is completed, under construction, fully approved by the governing authority, or for which all requests for approval of construction are pending before the governing authority; or
(ii) Which is to be located on land which, on July 1, 1998, is zoned for such use and where expenditures in excess of $5,000.00 have been made in preparation for construction in accordance with such zoning; provided, however, that prior to July 1, 1999, construction of such land-disturbing activity must have actually commenced and expenditures must have been made in connection with such construction in excess of 10 percent of the estimated cost of the total projected land-disturbing activity, exclusive of the cost of the land, or in excess of $100,000.00, exclusive of the cost of the land, whichever is less; otherwise a certificate for the project must be obtained pursuant to this part.
(B) Upon request by the owner of any land included in the stream corridor for the first time on or after July 1, 1998, the center shall make a determination whether any land or water use or land-disturbing activity on such land satisfies the conditions set forth in this paragraph for exclusion from application of this part. Any such request shall be accompanied by any information concerning the land or water use or land-disturbing activity as the center may reasonably request. If the center determines that the land or water use or land-disturbing activity fails to satisfy the conditions set forth in this paragraph, the center shall state the reasons therefor. The center shall be authorized to delegate this authority to its director. If such delegation is made, any person aggrieved by any such determination of the director may appeal such determination to the center within 30 days of the issuance of such determination; or
(6) Any land or water use or land-disturbing activity which is undertaken or financed, in whole or in part, by the Department of Transportation of the State of Georgia."
SECTION 7.
Said part is further amended in Code Section 12-5-453, relating to local regulation of land located in drainage basins, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) On or before January 1, 1984, or March 1, 1999, with respect to land brought within the stream corridor on July 1, 1998, each governing authority shall adopt ordinances or regulations governing use of all land which is in the drainage basin of any tributary. Such regulations and ordinances shall, at a minimum, include the following:
(1) Buffer areas of adequate width as determined by local governing authorities along all flowing streams in the drainage basin of any tributary, in which areas there will be no land-disturbing activity; and
(2) Soil erosion and sediment control regulations consistent with Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975.' Requirements of the plan, other than those requirements consistent with Chapter 7 of this title, shall not apply in the drainage basin of any tributary outside the stream corridor."
SECTION 8.
This Act shall become effective on July 1, 1998.

1886

JOURNAL OF THE SENATE

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Clay of the 37th moved that the Senate agree to the House substitute. On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Griffin

Y Price,R

Balfour

Y Guhl

Y Price,T

Y Blitch

Harbison

Y Ragan

Boshears

Henson

Y Ralston

Y Bowen

Y Hill

Y Ray

Y Broun, 46th

EX Hooks

Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

EX 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

Langford

Thomas,N

Y Egan

Y Madden

Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Perdue

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 661.

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 Thompson of the 33rd moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Thompson of the 33rd, Hill of the 4th and Johnson of the 1st.

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.
The House substitute was as follows:

WEDNESDAY, MARCH 18, 1998

1887

A BILL
To be entitled an Act 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 repeal certain requirements for appointment to the position of trooper; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking in its entirety Code Section 35-2-43, relating to eligibility for appointment to or enlistment in the Uniform Division, which Code section reads as follows:
"35-2-43.
(a) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a citizen of the United States, of good health and good moral character, and not less than 21 years of age at the time of appointment.
(b) Applicants for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalent, shall have completed 90 quarter hours or its semester equivalent in any accredited college or university or five years' experience as a certified law enforcement officer or two years as a license examiner, radio operator, or cadet trooper in the Department of Public Safety, and shall pass a mental and physical examination based upon the rules and regulations promulgated by the commissioner of public safety, which requirements may not be changed within 12 months of any examination for employment of recruits or cadets, troopers, or officers.
(c) Any person or persons who are classed as specialists or experts in any particular field in connection with police work shall be eligible for appointment or enlistment in the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol without being required to meet the physical requirements required under the rules and regulations of the department.
(d) The age limits provided for in subsection (a) of this Code section shall not apply to the commissioner and deputy commissioner of public safety.
(e) In the event any person is appointed or enlists as a specialist or expert and such person at the time of his appointment or enlistment has a physical disability, such person shall not be eligible at a later date to be retired due to such disability.
(f) No former member of the National Guard of this state or of any other state, of the armed forces of the United States, or of any other law enforcement agency of the United States or of the various states thereof who has been discharged with a discharge less than an honorable discharge nor any former member of the Georgia State Patrol who shall have been discharged for cause shall be eligible for appointment or reappointment to the Uniform Division of the Department of Public Safety.",
and inserting in lieu thereof a new Code Section 35-2-43 to read as follows:
"35-2-43.
Reserved."

1888

JOURNAL OF THE SENATE

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Streat of the 19th 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

Y Griffin

Y Price,R

Y 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

EX Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

EX 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

Langford

Thomas,N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Middleton

Tysinger

Y Glanton

Y Oliver

EX Walker

Y Gochenour

EX Perdue

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 586.

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

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.
Senator Thompson of the 33rd moved that the Senate adhere to its disagreement to the House amendment and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Thompson of the 33rd, Johnson of the 1st, and Hill of the 4th.
The following bills were taken up to consider House action thereto:

SB 142. By Senators Broun of the 46th and Bowen of the 13th:

WEDNESDAY, MARCH 18, 1998

1889

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 House substitute was as follows:
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:
(A) At the time of qualifying as a candidate for the office of sheriff is Is a citizen of the United States;
(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 the electiuu fui bheiiff qualifying for election to the office;
(C) At the time of qualifying as a candidate for the office of sheriff is is a registered voter;

1890

JOURNAL OF THE SENATE

(D) At the time of qualifying as a candidate for the office of sheriff has Has attained the age of at least 25 years piiui tu the date uf his m hei qualifying fui
tiltiCLiuIi LO tilt; ultlCtiJ
(E) At the time of qualifying as a candidate for the office of sheriff has 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 cuiivictiuii uf homicide by vehicle which uccuiTed piiui tu Jauuaiy 1, 1905, and which did iiut involve the uffeuse uf Jiiving a molui vehicle uadei the influence uf alculiul or drugs shall iiul be considered a conviction under
tfiXlS Su-U^didgi ctpll II ctuCli cuiiViCttJU Jjcl sun licis icCcivcu. SL ^i&x'uGl.i iui StiCli OlltJiicjc
plea of nolo contendere to a felony offense or any offense involving moral turpitude contrary to the laws of this state shall have the same effect as a plea of guilty, thereby disqualifying such a person from holding the office of sheriff;
(G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff;
(H) At the time of qualifying as a candidate for the office of sheriff gives Gives a complete written history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD number, street, city, county, and state;
(I) At the time of qualifying as a candidate for the office of sheriff gives Gives a complete written history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and
(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 fast training couise available within six months 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.
(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

WEDNESDAY, MARCH 18, 1998

1891

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, 01 will men I, by the date uf Hie election all of the qualifications required by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of 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)Tiainiiig session. Fiuin and aftei Jaiiuaiy 1, 1980, eveiy newly elected sJimiffin his

u.cir'uSailuAI'tHillil^ UOuiiuilailu 3S may De selcCtGCt Dy Lilt?Crcui iiolici ills A.SSOCia~
tiun. This tiainiiig shall be completed duiiiig the first ualeiidai yeai uf the fiibl leiin
ul tlie iieVvly eleCteu SlTBTlIt S tei'ill Ol ulliCe.Ajiy^ lleWly eleCtcu Sliei'ill wilO IS uliaDle tu
alLenJ this Liaining cuiuse when ufTeieJ because uf medical disablllLy ui piuviJeaLial cause shall, wiLliin uuu yeai fium the date such disability ui cause Leiminatea, cum-
plete a COUrSe T)lills tJrU.Cti Oil as uetel'illrlleu. by tile (-reOilg.nlollerT-Hs ASSOCieitlOii ctnu.
approved, by cncCreOi'gia .PeactiOiiicei1 HtanuaTcls aiicl 1 raining UouiiCil. 2\iiy iiewly
eleCtcO. sljiei ill WllO 0-OcS Hut ITllllll tile Ouil^atiOllS OI tlllS SUDSeCtlOll siiall lOSc lllS Ol"

(, e)Allil uEtI tl'aiinll^.
(1) I1 1'Oill aiiurattei1 wUly 1, 1992, HO juer'SOii snail ue eli^iDi6 Lu liulu tlie ulliue Ol slielill UllleSS lie Or slle atteiiuS a illillllllUill OI 20 llOUiLs traiiilll^ aiillUally^ as iliay De stleuLetl Dy Llle (jreui'^ia olletills ASiSuuittl/iun.
\) J. lie oasis lor tliG niliiiniu.111 animal reQuire111eiit ol iii~sei*vTC^ ti*ai11111^ siiall D*E the caleiidai yeai. Glieiiflfe who satisfacLuiily complete the basic cuui'be uf Uainmg lii accuiJaace with Llie piuviaiuiib of this chaptei aflei April 1 in any calendar year

year during wlliCii Llle DaslC Cuui'Se is COllipleLeu.

\o) ft waiver OT til6 i'etjuil'eilieiit OI niiiiiinuill anil Ual iil-Sei'viCe tralillu^ 111ay be

gi'ailteu Dy tilti vjeOrgici j"^eaCe i_/lllCel' kjtaildai'O-S auu J. I'aiillll^ UOUllCil, 111 its ulSCi'ti~

uuii, uyim Liie ^ii cfseiiiauuii ui tmucuue uy ti D.lUSl ill uiai iiy Ui sue v

uie w

uuiu^ile Lc such timiiii

;al disability UeiiUal <

other i

(,4J Any ^eiauii wuu

aiinual i UUlllpltsLc Llie 1111111 111U111

11-'OCl V1UC LI ctlllll ig1 ic-

LJU.11 CU U. Cl L/lllS V>Unld! SCL-Lnjn auu wliu li<aa in.iL i.ci.eivcu a w ell

4Uiic-

iiieut ^;u..[ S LLctllt Lu ^/1.1 ti;

\J) ol LlllB SuDi5Cl-t.

form amy uf tl:1C ULi"

ties of sheriff involv g the jjuvVci ul ai i es L Lmill s uch trai. ' ng-shtill liaVe jjeen

>o- dly BLlwt^CBslL cumpleti; -fa-ai

., Lhe Quveii1U1 lllCiy id BLlOjJCl ii urn office without

pay fur i

my-shi

lo Lu v.-uin^jleLc Hie uiin 1111 uiii a

111 sei viu<" Li cuiiiug i cqmred- undei

ocuLiuir The- jji uDcite judge >

1892

JOURNAL OF THE SENATE

ui tile (31*111 cj

Sllcill

tOl" SIteiJ.il pU.i'Su.ci.LiL Lu Llil l_/uu.c

Li ic ulliut: ut 8 lie nil u.U.iiiit^

tlieCjU&ll 1 n; atl 011

-tO-! S tittle tile uUtle*$ iiliCl '.

OUSlDiliLieS OI

1iiUiUil. nUPl OmUit.LO!

tf)(d)Exemption. The requirements of subparagraphs (c)(l)(D), (c)(l)(H), (c)(l)(I), and (c)(l)(J) of this Code section and the requiieiuenls of subsection (J) of this Cude sBuliuu shall be deemed to have been met by any person who is currently serving as a duly qualified and elected sheriff of one of the several counties of this state."

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.

witlllli tlie WTtll

Oi LlilS Cliiip Lt;i, JjUL \JL tllus Cll<lJ)

SECTION 3.

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

Senator Broun of the 46th moved that the Senate agree to the House substitute.

On the motion, 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 Egan
Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson Y Hill EX 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 EX Perdue

WEDNESDAY, MARCH 18, 1998

1893

Y Price,R

Y Scott

Y Thomas.D

Y Price,T

Y Starr

Thomas,N

Y Ragan

EX Stokes

Y Thompson

Y Ralston

Y Streat

Y Turner

Y Ray

Y Tanksley

Tysinger

Roberts

Y Taylor

EX Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 142.

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 House substitute was as follows:

A BILL
To be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the imposition of civil penalties upon public water systems serving 10,000 or more individuals and 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; to define certain terms; to provide powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to change the criteria for the exemption of certain property from liability; to provide a limitation of liability; to provide exceptions from such exemption; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety Code Section 12-5-192, relating to civil penalties, procedures for imposing penalty, hearing, and review, and inserting in lieu thereof a new Code Section 12-5-192 to read as follows:
"12-5-192.
(a)(l) For any public water system serving 10,000 or more individuals, any person violating any provision of this part or any permit condition or limitation established pursuant to this part or negligently or intentionally failing or refusing to comply with any final order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1,000.00 per day per violation.
(2) For any public water system serving fewer than 10,000 individuals, any Any person violating any provision of this part or any permit condition or limitation established pursuant to this part or negligently or intentionally failing or refusing to comply with any final order of the director issued as provided in this part shall be

1894

JOURNAL OF THE SENATE

liable for a civil 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 continues.
(2X3) Any person willfully violating any provision of this part or any permit condition or limitation established pursuant to this part or willfully failing or refusing to comply with any final order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $5,000.00 fui each day duiing which Hie viulaliuii cuiitliiubfe per day per violation.
(b) Whenever the director has reason to believe that any person has violated any provision of this part or has negligently or willfully failed or refused to comply with any final order of the director, he or she may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the Board of Natural Resources. Upon a finding that such person has violated any provision of this part or has negligently or willfully failed or refused to comply with a final order of the director, the hearing officer shall issue his or her initial decision imposing such civil penalties as are provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2."
SECTION 2.
Said title is further amended by striking in its entirety Article 9 of Chapter 8, the "Georgia Hazardous Site Reuse and Redevelopment Act," and inserting in lieu thereof the following:
"ARTICLE 9
12-8-200.
This article shall be known and may be cited as the 'Georgia Hazardous Site Reuse and Redevelopment Act.'
12-8-201.
As used in this article, the term:
(1) 'Certificate of compliance' means the certification of compliance with a corrective action plan required by subsection (c) uf Code Section 12-8-206.
(2) 'Corrective action plan' means the corrective action plan required by subbeclioii (ct-of Code Section 12-8-206.
(3) 'Hazardous site inventory" means the hazardous site inventory published by the division pursuant to Code Section 12-8-97.
(4) 'HSI site' means a property listed on the hazardous site inventory.
(4X5) 'Preexisting release' means a release, as such term is defined in paragraph (11) of Code Section 12-8-92, which occurred prior to the prospective purchaser's application for a limitation of liability pursuant to Code Section 12-8-206.
(5X6) 'Prospective purchaser' means a person who intends to purchase a property which is part of a site listed on the hazardous site inventory.
(7) 'Qualifying property' means a property which meets the criteria of Code Section 12-8-204 which a prospective purchaser intends to purchase and bring into compliance with the risk reduction standards.
(6X8) 'Risk reduction standards' means those standards promulgated by the board pursuant to Part 2 of Article 3 of this chapter.

WEDNESDAY, MARCH 18, 1998

1895

(a) The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as necessary to provide for the redevelopment and return to productive use certain property or properties listed on the hazardous site inventory. Such rules and regulations may be applicable to the state as a whole or may vary from region to region, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article.
(b) The board's rules and regulations shall include, but shall not be limited to, the following:
(1) Rules and regulations governing the eligibility criteria of prospective purchasers seeking a limitation of liability;
(2) Rules and regulations governing procedures for application and approval of prospective purchasers seeking a limitation of liability; and
(3) Rules and regulations governing procedures and criteria for determining whether a prospective purchaser qualifies for a limitation of liability.
12-8-203.
(a) The director shall have the power and duty:
(1) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a prospective purchaser qualifies for a limitation of liability;
(2) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a proposed corrective action plan is sufficient to bring the qualifying property into compliance with the risk reduction standards;
(3) To ensure that all actions in an approved corrective action plan are completed within the time specified, the corrective action requirements are implemented, and the risk reduction standards are achieved and certified for a qualifying property prior to concurrence with a certification of compliance;
(4) To approve corrective action plans; and
(5) To concur with certifications of compliance.
(b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper.
12-8-204.
In order to be considered a qualify qualifying property for a limitation of liability as provided in subsuctiun (a) uf Code Section 12-8-206, a property must meet the following criteria:
(1) The property must be part of a site listed on the hazardous site inventory;
(2) Any costs inclined by the division puisuant tu a collective action ptiifumind
-timid SUuti^uLiuiJ. v*-*/ ul l_/Gue otjul/iuii J.Ji~o~yu On Llie sU-ujcCL JJL uptJi'L_y HiUoL uc i e^jtuu.
tu Lhe division Any lien filed under subsection (e) of Code Section 12-8-96 against the property must be satisfied or settled and released by the director pursuant to Code Section 12-8-94;
(3) The property must not be:

1896

JOURNAL OF THE SENATE

(A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq. or-be; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of such act; or (C) Be a hazardous waste facility as defined in Code Section 12-8-62; and (4) The dhectui musl detenuine. (A) That the piupeity is iii a stale uf disuse as a result uf Hie pieejiislmg inleabu ijy coiiBidGriii^ riiicrt e v ititiiicc <is.
(l) 1:416 SWOlTi mIid.fl.Vlt Ol tile CuiTt;iit piupeit^ uVviiei' attesting tlicil tlic jjiupeit^ TS HI Et st/tittr OI uiBu.!5e 2nd eApl&Lllllii^ llGW tile StSt/6 OI Q.1SUS6 IS 3 leouilt Crfr tlie
V.iiy Ail ctjj|Ji ctiBdl ^jei luiillcQ Oy fl. Cei tilled j^eilcicil ietd plu^jei Vy clp^ji ciirici isliu w~
mg Lhe yiupmly to have negligible market value due lu the pieexislmg lelease,
V,111J A Stfl.tGUI6ilt D6Siliii^ tllG Si^ilftturfe fl.llu. S6Si OI til6 LclX 3.SS6SSOF ui1 teLx lp~ ^ji^iSd1 111 tile uuu.iiLy ill AVliiCli Lliti IHilCl is luCdtcu. sLtlLiii^ LliciL til^ ^I'u^icity B cip~ pi AiSCtl v&iLle iui LeUt plirpuHCH llclS Dccii OT Will DG S U.uSt<iiiLifcilly 1'tiu.U.Ccil u.u.t; Lu
\rV^ A ljuiiti liut; leo.Sc, t;uiiLi ciCL, u|jLiOll Lu jjLii Cllctst;, ui1 Otliei SU.C11 a^incc]lllfiiiL i7c~ IciLlii^ IAJ tile u.ot; Oi1 Scile ul tile pi'Opel'ty litlri ucfin CiiilCtilt;u, Di*c3.Cli(^u.j OI" I'fe^ju.u.l3.t6d ueCfl.US6 OI tll6 pi'^eXlStlllg i'el6lS6 J, OI*
\\) AJ.IJ^ Otllci evTU^IiCt; seil/xiE>Ifl.i;tui iy tO tlic DOS.rtl fellOWlH SLcitc OI Ctlfeuis
\JJ^ lliciL tlJtti plTOpei*ty llclS ue^li &Ofl.iiCIOxie u Dy IcS Ctll'1'^Ilt OWilCl1 OT leiSL ItilOWH
uwnei uf leuml as a lenull uf the pieexi&liug leleasu by coiisidemig such evidence asr
(i) DuuumtmLs sliuwiug Qiat a Chaptei 1 bankiuptcy pruceediug has been filed
Ijy oil <i^cllH8t tll^ CUri'ciit OWn^i' OF Icosec Ol tlic fpl*0pt;i tjy ,
\Hj ri tile OWiiei* Oi lesset; OI tlic px^Op^i't^' 13 S Cui'pOl'flt/Iuii, uOCUllleiltS SrLOWllTig tllElt tll6 COrpOi*3.tlOn il&S D6611 uiSSOlVtSu,
(_111_) JJuC U-lilcIltS SilO^iii^ LliiiL tiTG plOpei ty ill O^TitjStiOIi ivtiS 11* H!rfe Ici1i1&tl TO tll^ CUri'ciit OWHei' ui' lllS ui' lici' pi'cucCeSSOi ui title Dy tfl.X Clticu.,
(iv) Documents showing that a substantial IdA delinquency uii the piupeity lias
IdStt^u lul' cil/ IcciSt SiX iiiuntlidj OT
(_ v ) Ally utlicz 6V1U.6HCc Sfl.tlSIiCt01*y to tlic uufcii'ti sliuwili^ tlicit tlie jJiLupci t_y licio uccii a. u ci i nJu ne (J D6C&U.S6 OI tllti pi ccXlstlli^ iclca.sc;, OI
{\j ) i Tielt 3 COillill UHlty nApclCt feta-tclllfclit li&S Dee 11 pi'e jj tii e u pui riilcillL tO 1*11168 p I' 0 11 i ul ^ ci te u Dy tile Clll'eCtOl' ,
(5) The piuspective puichasei has ublaiiied appiuval uf a community impact slatc-
f6)(4) The property meeting shall meet other criteria as may be established by the board as provided in this article and Article 3 of this chapter.

WEDNESDAY, MARCH 18, 1998

1897

12-8-205.
(a) To qualify for a limitation of liability as provided in subsection (a) of Code Section 12-8-206, a prospective purchaser must meet the following criteria:
(1) The prospective purchaser must not be a person who has contributed to a release of regulated substances, as defined in paragraph (9) of Code Section 12-8-92, at the HSI site of which the subject qualifying property is a part as defined iu para-
giajli (9) Ol Cvjut; UeullUii 12-o-9^iJ
(2) Where the prospective purchaser is an individual, the party must not: be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with the a current owner of the pruptu ly subject HSI site or any person who has contributed to a release of hazardous materials on the subject HSI site;
(3) Where the prospective purchaser is a corporation or other legal entity, the party must not: be a current or former subsidiary, division, parent company, or partner; be the employer or former employer; or otherwise have been affiliated with the current owner of the piupeily subject HSI site or any person who has contributed to a release of hazardous materials on the subject HSI site;
(4) The prospective purchaser must not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and
(5) The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section 12-8-102 12-8-202.
(b) The director may grant a variance from the eligibility requirements contained in paragraphs (2), (3), (4), and (5) of subsection (a) of this Code section if the director finds that such criteria would render a prospective purchaser ineligible for a limitation of liability under this article, that no other qualified prospective purchaser has applied for a limitation of liability for the qualifying property, and that:
(1) Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment;
(2) The director would likely be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and
(3) In That in all probability, the director would be unable to recover the cost of the corrective action as provided in Code Section 12-8-96.1.
The director may place such conditions upon the grant of a variance as he or she deems appropriate including, without limitation, a provision relating to the time all or a portion of the corrective action must be completed, and if the applicant fails to comply with such conditions the director may modify or withdraw such waivei variance.
12-8-206.
(_SL) ft J^iGs^jeCtl Vc i ill ClieietJi Slia.ll OB^I'&Jtitcu. liiiiilciLiuiiLI! littLHliVy iiii^jOScClii^Oii LI it/
OWilef Ol jji'uptil'ty Uy -teLi'li 1 Ol .Ai.lJ.Clt; o ut t/liis dl&.pl'tj.r lui* tt ^jiccXi&Lni^ i'clciiSti li^iuij.
compliance with Lhe piuvisiuns uf this Cude secliuu. Upon the director's approval of the prospective purchaser corrective action plan or concurrence with the certification of compliance described in this Code section, whichever first occurs, a prospective purchaser shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to, or damages resultant from the preexisting release at the HSI site of which the qualifying property is part.

1898

JOURNAL OF THE SENATE

(b) To IK entitled to a limitation of liability at, piuvided in subswlion (a) uf this Code section, Llm uiusuettive pmchasei musl submit a redevelopment plan wliidi describes
llic ciiviiimiiimiUal, buwiclcil, ur ecuiiuuui; ueiitjiiLs tjAjjcwled Lu cnj<ji uc tu llic cuiiimuiiiL^
ciiiu Llic state iiuiii tliciiitcinlcvl ^JiuUtiwtivcListOl Llicjjiu^jci L_y.
fcXb)(l) For those piupeities HSI sites which the director has designated as needing corrective action, any party desiring to qualify for a limitation of liability pursuant to bubueuliuii (a) uf this Code section shall, in additiun Lu Hie redevelopment plan lequiied by subsection (b) uf lliis Code beclioii, submit a prospective purchaser corrective action plan to the division. The corrective action plan shall, at minimum, enumerate and describe in detail those actions planned and proposed to bring the subject qualifying property into compliance with all applicable rules and regulations adopted by the board governing the investigation, cleanup, and corrective action at properties listed on the hazardous site inventory. A corrective action plan submitted by a prospective purchaser under this subsection shall be in such form and meet such criteria as established by the board.
(2) The prospective purchaser shall submit proof of financial assurance, in such form as specified by the director, of his or her ability to implement the corrective action plan.
(3) Upon the director's approval of the prospective purchaser corrective action plan, it shall be the responsibility of the prospective purchaser to implement said plan. The director's approval of a prospective purchaser corrective action plan shall not in any way be construed as a guarantee, promise, or assurance that the director will concur with the prospective purchaser's certification of compliance with the risk reduction standards. Compliance with the appropriate risk reduction standards in effect at the time the director's concurrence is sought is the sole responsibility of the prospective purchaser. The prospective purchaser shall not acquire a vested right to the director's concurrence regardless of the expenditure of money. The prospective purchaser shall implement the corrective action plan with the understanding that the requirements of corrective action necessary to obtain a limitation of liability are subject to change because of newly discovered facts or subsequent changes in state or federal laws, rules, or regulations.
(4) The director's approval of the prospective purchaser corrective action plan shall specify a time within which the prospective purchaser must certify the qualifying property to be in compliance with the risk reduction standards in order to maintain the limitation of liability provided for by subsection (a) of this Code section, and the . The director may revoke the limitation of liability provided for by subsection (a) of this Code section if the prospective purchaser fails to comply with such time requirement.
(5) If at any time the director determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards or that the corrective action is not being implemented in accordance with the corrective action plan, the director may revoke his or her approval of the plan and the limitation of liability by providing the prospective purchaser with written notification specifying the basis for making such determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the corrective action plan within a specified time. If at any time the prospective purchaser determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards, the pro-

WEDNESDAY, MARCH 18, 1998

1899

spective purchaser shall notify the director and obtain approval of the proposed modification.
(6) A prospective purchaser shall, upon completion of those activities specified in the corrective action plan, submit to the director a compliance status report certifying the compliance of the site qualifying property with the risk reduction standards and corrective action requirements. The qualifying property will be deemed in compliance with the risk reduction standards upon the prospective purchaser's receipt of the director's written concurrence with the compliance status report.
ftr)(c) For those sites listed on the hazardous site inventory which the director has not yet designated as being in need of corrective action, any party desiring to qualify for a limitation of liability as provided in subsecUuii (a) uf this Code section shall certify the qualifying property to be in compliance with the risk reduction standards by submitting submit a compliance status report to the division in such form as provided by rules and regulations adopted by the board. A compliance status report submitted by a prospective purchaser under this subsection shall be in such form and meet such criteria as established by the board. The qualifying property will be deemed in compliance with the risk reduction standards upon the prospective purchaser's receipt of the director's written concurrence with the compliance status report.
(d) A person who holds indicia of ownership executed by the prospective purchaser primarily to protect said person's security interest in the qualifying property or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release of hazardous wastes, hazardous constituents, or hazardous substances on or from the qualifying property shall not be liable to the state or any third party for costs incurred in the remediation of, equitable relief relating to, or damages resultant from the preexisting release at the HSI site of which the qualifying property is part.
(e) When a person who holds indicia of ownership executed by the prospective purchaser primarily to protect said person's security interest in the qualifying property takes title to the qualifying property from the prospective purchaser via foreclosure or a deed in lieu of foreclosure, such new titleholder shall maintain his or her limitation of liability under subsection (d) of this Code Section if:
(1) The director is informed in writing of the transfer of title; and
(2) Within 180 days, or such other time period as specified by the director, of said transfer of title, the new titleholder:
(A) Presents the name of a new party who qualifies as a prospective purchaser for the qualifying property along with said new party's written assurance, including financial assurance, that the prospective purchaser corrective action plan will be fully implemented; or
(B) Submits a statement in writing that the new titleholder complies with the requirements applicable to prospective purchasers under this article.
12-8-207.
(a) The limitation of liability provided by this aiticle subsection (a) of Code Section 128-206 shall be contingent upon the prospective purchaser's good faith implementation of the corrective action plan as approved by the director as well as the certification of compliance with the risk reduction standards and corrective action requirements. Such limitation of liability shall not be applicable to any activities conducted on the qualifying property before the director's approval of the corrective action plan or con-

1900

JOURNAL OF THE SENATE

currence with a certification of compliance, whichever first occurs, or during any time the director's approval of the corrective action plan has been suspended or revoked.
(b) The limitation of liability provided by this article shall not affect any right of indemnification which any person has or may acquire by contract against any other person who is otherwise liable for creating an environmental hazard; apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process; or apply to any release occurring or continuing after the date of the certification of compliance unless any such continuing release is specifically addressed in the director's concurrence with the certification of compliance.
(c) The limitation of liability provided by this article shall be fully transferable to the heirs, assigns, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the director's approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from liability any party deemed to be a person responsible for a release on the HSI site from which the subject qualifying property originated. A transfer of the title to the subject qualifying property or any portion thereof from the prospective purchaser back to the owner of the HSI site from which the subject qualifying property was purchased, any other party deemed to be a person responsible for a release on the HSI site, or any person disqualified from obtaining a limitation of liability under Code Section 12-8-205 shall terminate any limitation of liability applicable to the transferor under this article.
(d) For the purpose of determining liability for continuing or future releases of regulated substances upon or from any qualifying property for which the director has concurred with a certification of compliance pursuant to Code Section 12-8-206, the background or baseline concentration for any and all regulated substances for which corrective action was performed and or compliance certified or both shall be equivalent to the risk reduction standard for which compliance was certified in order to invoke the limitation of liability.
(e) The limitation of liability provided by this article shall have no effect on liability for releases of hazardous waste, hazardous constituents, or hazardous substances not addressed in the corrective action plan or the certification of compliance. Any such release shall constitute a new, separate, and distinct release, subject to the provisions of Part 2 of Article 3 of this chapter.
(f) Nothing in this article shall limit the authority of the director or the division to take action in response to any release or threat of release of regulated substances. Except as provided in this article, nothing shall limit the authority of the director or the division to seek recovery of costs from persons liable under Part 2 of Article 3 of this chapter."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Madden of the 47th moved that the Senate agree to the House substitute.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy Y Balfour Y Blitch N 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

WEDNESDAY, MARCH 18, 1998

1901

Y Fort

Kemp

Y Roberts

Y Gillis

Lamutt

Y Scott

Y Glanton

Land

Y Starr

Gochenour

Langford

EX Stokes

Y Griffin

Madden

Y Streat

Y Guhl

Marable

Y Tanksley

Harbison

Middleton

Y Taylor

Henson

Oliver

Y Thomas,D

Y Hill

EX Perdue

Thomas,N

EX Hooks

Y Price.R

Y Thompson

Y Huggins

Price.T

Y Turner

Y James

Ragan

Tysinger

Y Johnson.D

Ralston

EX Walker

Y Johnson,E

Ray

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed

to the House substitute to SB 486.

HB 1352. By Representative Lane of the 146th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the saltwater separation point; to change certain provisions relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state.
Senator Gillis of the 20th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 1; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Gillis of the 20th, Bowen of the 13th and Huggins of the 53rd.

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.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide for the offense of interfering with certain calls for emergency assistance; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by adding immediately following Code Section 16-10-24.2 a new Code Section 16-10-24.3 to read as follows:

1902

JOURNAL OF THE SENATE

"16-10-24.3.

Any person who verbally or physically obstructs, prevents, or hinders another person with intent to cause or allow physical harm or injury to another person from making or completing a 911 telephone call or a call to any law enforcement agency to request police protection or to report the commission of a crime is guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or both."
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.
Senator Clay of the 37th 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

Y Griffin

Y Price,R

Balfour

Y Guhl

Y Price,T

Y Blitch

Harbison

Y Ragan

Y Boshears

Henson

Y Ralston

Y Bowen

Y Hill

Ray

Y Broun, 46th

EX Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

Y Burton .

Y Johnson,D

EX Stokes

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

Thomas,N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Y Middleton

Tysinger

Y Glanton

Y Oliver

EX Walker

Y Gochenour

EX Perdue

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 460.

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.
The House substitute was as follows:

A BILL
To be entitled an Act 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 Teach-

WEDNESDAY, MARCH 18, 1998

1903

ers Retirement System of Georgia, so as to 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; to provide for notice of employment; to provide that a beneficiary shall notify an employer of his or her status prior to accepting employment; to provide for the payment of amounts owed; to provide for matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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, is amended by inserting at the end thereof the following:
"(e)(l) A beneficiary of this retirement system shall be deemed to be restored to service within the meaning of this Code section if such beneficiary is employed by an employer:
(A) In a position previously held by a teacher; or
(B) In a capacity which would normally be held by a teacher, as determined by the board of trustees, whether employed directly or indirectly, for which the compensation is greater than one-half of the beneficiary's average annual compensation used to calculate his or her retirement benefit or the beneficiary's final compensation at the time of his or her retirement, whichever is larger; provided, however, that such amount shall be increased by any annual cost-of-living adjustment reflected in the state teacher salary schedule.
(2) If an employer employs a beneficiary in any manner specified in paragraph (1) of this subsection during the calendar month of the effective date of the beneficiary's retirement, the employer shall reimburse the retirement system for all benefits wrongly paid to the beneficiary.
(3) If an employer employs a beneficiary in any manner specified in paragraph (1) of this subsection any time after the last day of the calendar month of the effective date of the beneficiary's retirement, the employer shall so notify the board of trustees, stating the beneficiary's name, salary, number of hours, whether the beneficiary is employed as a teacher, and such other information as the board of trustees requests. If an employer fails to so notify the board of trustees, the employer shall reimburse the retirement system for all benefits wrongly paid to the beneficiary.
(4) It shall be the duty of a beneficiary of this retirement system to notify an employer of his or her status as a beneficiary prior to accepting employment with that employer. If a beneficiary fails to so notify an employer and as a result the employer becomes obligated to this retirement system pursuant to paragraph (2) or (3) of this subsection, the beneficiary shall be liable to the employer for any amount the employer is obligated to pay to this retirement system.
(5) If an employer who is obligated to this retirement system pursuant to paragraph (2) or (3) of this subsection fails to pay the amount due, such amount shall be deducted from any funds payable to the employer by the state, including without limitation the Department of Education and the Board of Regents, and paid to the board of trustees of this retirement system."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

1904

JOURNAL OF THE SENATE

Senator Burton of the 5th 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

Y Griffin

Y Price,R

Balfour

Y Guhl

Y Price,T

Y Blitch

Harbison

Y Ragan

Y Boshears

Henson

Ralston

Y Bowen

Y Hill

Ray

Y Broun, 46th

EX Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

EX Stokes

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

Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Middleton

Tysinger

Y Glanton

Y Oliver

EX Walker

Y Gochenour

EX Perdue

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 558.

SB 77. By Senators Oliver of the 42nd, Stokes of the 43rd, Henson of the 55th and Tysinger of the 41st:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a tenth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers, dignity, duties, jurisdiction, privileges, and immunities of said judge.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, so as to provide for two additional judges of the superior court for the Atlanta Judicial Circuit; to provide one additional judge of the superior court for the Douglas Judicial Circuit, the Ocmulgee Judicial Circuit, the Gwinnett Judicial Circuit, and the Stone Mountain Judicial Circuit; to create a new judicial circuit to be known as the Bell-Forsyth Judicial Circuit, to be composed of the County of Forsyth and to provide for a judge of the superior court, district attorney, and for the transfer of proceedings to such circuit; to provide for terms of court in the new circuit; to change the number of judges, the terms of court, and the counties of the Blue Ridge Judicial Circuit; to provide for related matters; to provide for the initial appointment and subsequent election of the new judges and their successors; to prescribe the powers of the new judges; to provide for employment of court personnel; to provide for construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 18, 1998

1905

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking paragraph (6) of Code Section 15-6-1, relating to composition of the judicial circuits, and inserting in lieu thereof the following:
"(6) Blue Ridge Judicial Circuit, composed of the Cuunties County of Cherokee and Fui sy Llij ,
and by adding to said Code section a new paragraph (18.1) to read as follows:
"(18.1) Bell-Forsyth Judicial Circuit, composed of the County of Forsyth;"
SECTION 2.
Said chapter is further amended by striking paragraphs (3), (6), (15.1), (20), (28), and (37) of Code Section 15-6-2, relating to the number of judges for each judicial circuit, and inserting in lieu thereof the following:
"(3) Atlanta Circuit................................................................................................. 5 17"
"(6) Blue Ridge Circuit.............................................................................................. 32"
"(15.1) Douglas Circuit............................................................................................... 2 3"
"(20) Gwinnett Circuit............................................................................................... 6 7"
"(28) Ocmulgee Circuit.............................................................................................. 4 5"
"(37) Stone Mountain Circuit................................................................................. 9 10"
SECTION 3.
Said chapter is further amended in Code Section 15-6-2, relating to the number of judges, by inserting a new paragraph to be designated paragraph (18.1) to read as follows:
"(18.1) Bell-Forsyth Circuit......................................................................................... 1".
SECTION 4.
Said chapter is further amended by striking paragraph (6) of Code Section 15-6-3, relating to terms of court, and inserting in lieu thereof the following:
"(6) Blue Ridge Circuit:
(A-) Cherokee County Second Monday in January, May, and September.
(13) 1'uiB^tli Cuuiil^ -- ocuunu Aluiiuciiy 111 IVlai^li, Jul_y, auu rNuVcliiuci. ,
and by adding a new paragraph (18.1) to read as follows:
"(18.1) Bell-Forsyth Circuit:
Forsyth County Second Monday in March, July, and November."
SECTION 5. Two new judges of the superior court are added to the Atlanta Judicial Circuit, increasing to 17 the number of judges of said circuit. One new judge of the superior court is added to the Douglas Judicial Circuit, the Gwinnett Judicial Circuit, the Ocmulgee Judicial Circuit, and the Stone Mountain Judicial Circuit, increasing the number of judges in the Douglas Judicial Circuit to three, the number of judges in the Gwinnett Judicial Circuit to seven, the number of judges in the Ocmulgee Judicial Circuit to five, and the number of judges in the Stone Mountain Judicial Circuit to ten.

1906

JOURNAL OF THE SENATE

SECTION 6.
The initial new judges appointed pursuant to Section 5 of this Act shall be appointed by the Governor for a term beginning July 1, 1998, and expiring December 31, 2000, and until their successors are elected and qualified. Successors to the initial judges shall be elected in the manner provided by law for the election of judges in the superior courts of this state at the general election in November, 2000, for terms of four years beginning on January 1, 2001, and until the election and qualification of their successors. Future successors shall be elected at the general elections each four years thereafter for terms of four years and until their successors are elected and qualified and shall take office on the first day of January following their election.
SECTION 7.
The new judges initially appointed and subsequently elected pursuant to Sections 5 and 6 of this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior court. Each of such new judges is authorized to employ court personnel on the same basis as other judges of their respective circuits.
SECTION 8.
Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to any judicial circuit. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
SECTION 9.
(a) Effective July 1, 1998, there is created a new judicial circuit of the superior courts of this state, to be known as the Bell-Forsyth Judicial Circuit, which circuit shall be composed of the County of Forsyth. The offices of the judge of the superior court and district attorney of the Bell-Forsyth Judicial Circuit are created for said circuit.
(b) The superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County shall become the initial judge of the Bell-Forsyth Judicial Circuit and shall complete the term for which elected, continuing through December 31, 2000, or until a successor is elected and qualified.
(c) If there is more than one superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County, the superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County who has the longer service as a superior court judge shall become the initial judge of the Bell-Forsyth Judicial Circuit, and shall complete the term for which elected, continuing through December 31, 2000, or until a successor is elected and qualified.
(d) If there is no superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County, the Governor shall appoint the initial judge of the Bell-Forsyth Judicial Circuit to serve a term of office beginning on July 1, 1998, and continuing through December 31, 2000, and until a successor is elected and qualified.
(e) The initial district attorney shall be appointed by the Governor for a term of office beginning on July 1, 1998, and continuing through December 31, 2000, and until a successor is elected and qualified.
(f) Successors to the initial judge and district attorney shall be elected in the general election immediately preceding the expiration of a term of office and shall be elected for terms of office of four years each and until their respective successors are duly elected

WEDNESDAY, MARCH 18, 1998

1907

and qualified. Successors to the offices of judge and district attorney shall take office on the first day of January following their election.
(g) The compensation and allowances of the district attorney of said circuit shall be as now or hereafter provided by law.
(h) All civil, equitable, and criminal proceedings and litigations pending in the superior court of Forsyth County at such time as it was a part of the Blue Ridge Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne, and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending, or commenced in such county shall relate to, become a part of, and be transferred to the superior court of the Bell-Forsyth Judicial Circuit and its jurisdiction when said circuit comes into existence.
SECTION 10.

(a) For the purposes of appointing the initial new judges pursuant to Sections 5 and 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) If there is no judge of the Blue Ridge Judicial Circuit in office on July 1, 1998, who is a resident of Forsyth County, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the appointment of the initial judge of the Bell-Forsyth Judicial Circuit pursuant to subsection (d) of Section 8 of this Act, except that the provision of Section 1 of this Act which decreases the number of judges in the Blue Ridge Circuit shall become effective December 31, 2000, upon the expiration of the terms of office of the judges of the Blue Ridge Judicial Circuit.
(c) Except as provided in subsections (a) and (b) of this section and notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective July 1, 1998.
SECTION 11.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate agree to the House substitute.
On the motion, a roll call was taken, and the vote was as follows:

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

Y Gillis Y Glanton Y Gochenour
Griffin Y Guhl
Harbison Y Henson Y Hill EX Hooks Y Huggins Y James
Johnson.D Y Johnson,E Y Kemp Y Lamutt Y Land

Y Langford Madden
Y Marable Middleton
Y Oliver EX Perdue Y Price,R Y Price,T Y Ragan
Ralston Ray Y Roberts Y Scott Y Starr EX Stokes Streat

1908

JOURNAL OF THE SENATE

Y Tanksley

Thomas,N

Tysinger

Y Taylor

Thompson

Y Walker

Y Thomas.D

Y Turner

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 77.

Senator Kemp of the 3rd moved that Senator Burton of the 5th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Burton was excused.
The following bills were taken up to consider House action thereto:

HB 1639. By Representatives Cooper of the 31st, Skipper of the 137th, Barnes of the 33rd and others:
A bill to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to change a definition; to change the penalties for stalking and aggravated stalking; to provide for psychological evaluation and consideration of the entire criminal record of an offender before sentencing for a conviction of stalking or aggravated stalking.
Senator Oliver of the 42nd moved that the Senate recede from its substitute to HB 1639.
On the motion, 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

Harbison

Ragan

Y Boshears

Y Henson

Ralston

Y Bowen

Y Hill

Ray

Y Broun, 46th

EX Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

Brush

Y James

Y Starr

EX Burton

Y Johnson,D

EX Stokes

Cagle

Y Johnson,E

Streat

Y Cheeks

Y Kemp

Y Tanksley

Y Clay

Y Lamutt

Y Taylor

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

Middleton

Tysinger

Y Glanton

Y Oliver

Y Walker

Y Gochenour

EX Perdue

On the motion, the yeas were 40 , nays 0; the motion prevailed, and the Senate re-

ceded from its substitute to HB 1639.

SB 19. By Senators Scott of the 36th, Langford of the 29th, Oliver of the 42nd and others:
A bill to amend Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities.

WEDNESDAY, MARCH 18, 1998

1909

The House substitute was as follows:

A BILL
To be entitled an Act to amend Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities; to provide that such moratorium shall not apply to previously permitted sewer connections; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, is amended by striking in its entirety paragraph (6) of subsection (c) and inserting in lieu thereof the following:
"(6) If in any month after July 1, 1996, and before December 31, 1998, a person discharges waste water from such person's water pollution control plants containing more than 0.75 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 1999, and before December 31, 2000, a person discharges waste water from such person's water pollution control plants containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 2001, a person discharges waste water from any individual water pollution control plant containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis, such person shall not permit any additional sewer connections within such person's corporate limits until he or she has been in compliance with such provisions for three consecutive months. The provisions of this subsection shall apply without regard to the provisions of paragraphs (1) through (5) of this subsection and shall not be suspended or terminated; provided, however, that nothing in this paragraph shall prohibit additional sewer connections required for any project constructed by or in partnership with a public housing authority, as long as the additional connections for such project do not cause the total quantity of sewage generated to exceed the total quantity of sewage generated by that public housing authority's housing units in existence on January 1, 1995."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Scott of the 36th moved that the Senate agree to the House substitute.
On the motion, 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 EX Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean

Y Egan Y Fort Y Gillis Y Glanton Y Gochenour
Griffin Y Guhl

1910

JOURNAL OF THE SENATE

Harbison Henson Y Hill EX 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 EX Perdue Y Price,R Y Price,T Y Ragan Y Ralston Y Ray
Roberts Y Scott

Y Starr EX Stokes
Streat Y Tanksley Y Taylor Y Thomas,D
Thomas,N Y Thompson Y Turner
Tysinger Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 19.

HB 1667. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding tax credits for existing manufacturing facilities or manufacturing support facilities in tier 1 counties.
The House amendment was as follows:

Amend the Senate substitute to HB 1667 by striking lines 18 through 29 of page 1 and inserting in its place the following:
"(1) 'Base year port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU's), of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's)."
By striking lines 8 through 11 of page 2 and inserting in their place the following:
"(4) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility."
By striking line 33 of page 2 through line 7 of page 3 and inserting in its place the following:
"(b)(l) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 for jobs added at any time between January 1, 1998, and July 1, 2002, there shall be allowed a credit against the tax imposed under this article as follows:
(A) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually;

WEDNESDAY, MARCH 18, 1998

1911

(B) Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $3,000.00 annually; and
(C) Business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00.
(2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 and shall be in lieu of and not in addition to the credit allowed under Code Section 48-7-40; provided, however, such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section."
By inserting "48-7-40," between "Section" and "48-7-40.2," on line 6 of page 5.
Senator Hill of the 4th moved that the Senate agree to the House amendment to the Senate substitute.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1667.
The Calendar was resumed.
HB 408. By Representative Barnes of the 33rd:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located.
Senate Sponsor: Senator Oliver of the 42nd.
The Senate Committee on Judiciary offered the following amendment:
Amend HB 408 by striking in its entirety line 16 of page 2 and inserting in lieu thereof the following:
"(4) Contain a certification by the party or parties or their counsel, as designated by the court, that the".
On the adoption of the amendment, the yeas were 33, nays 0, and the committee amendment was adopted.
Senators Gochenour of the 27th and Dean of the 31st offered the following amendment:
Amend HB 408 by inserting after the word "as" on line 2 of page 1 the following:
"to provide that no final judgment and decree of divorce shall be granted for a period of six months following the date of the filing of the petition in any case in which the parties are the parents of a minor child;".
By adding between lines 24 and 25 of page 1 the following:

1912

JOURNAL OF THE SENATE

"following Code Section 19-5-8, a new Code Section 19-5-8.1 to read as follows: '19-5-8.1.

No final judgment and decree of divorce shall be granted for a period of six months following the date of the filing of the petition in any case in which the parties are the parent sof a minor child."
SECTION 2.
Said chapter is further amended by adding,". By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
On the adoption of the amendment, a roll call was taken, and the vote was as follows:

Abernathy

Griffin

Price.R

Balfour

Y Guhl

Price,T

Blitch

Harbison

Ragan

Boshears

Henson

Ralston

Bowen

Y Hill

Ray

Broun, 46th

EX Hooks

Roberts

Brown, 26th

Y Huggins

Scott

Brush

N James

Starr

EX Burton

Johnson,D

EX Stokes

Y Cagle

Y Johnson,E

Y Streat

Cheeks

Y Kemp

Tanksley

Clay

Y Lamutt

Taylor

Crotts

N Land

Thomas,D

Dean

N Langford

Thomas ,N

Egan

Y Madden

Thompson

Fort

Y Marable

Turner

Gillis

Y Middleton

Tysinger

Glanton

N Oliver

N Walker

Gochenour

Y Perdue

On the adoption of the amendment, the yeas were 29, nays 16, and the Gochenour,

Dean 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:

Abernathy Y Balfour Y Blitch Y Boshears Y Bowen N Broun, 46th Y Brown, 26th Y Brush EX Burton Y Cagle Y Cheeks
Clay N Crotts Y Dean

Y Egan N Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl
Harbison Henson Y Hill EX Hooks Y Huggins N James Y Johnson.D

Y Johnson,E Y Kemp Y Lamutt N Land N Langford Y Madden Y Marable Y Middleton N Oliver Y Perdue Y Price,R Y Price.T Y Ragan Y Ralston

WEDNESDAY, MARCH 18, 1998

1913

Y Ray Y Roberts
Scott Y Starr EX Stokes

Y Streat Y Tanksley Y Taylor Y Thomas,D Y Thomas.N

On the passage of the bill, the yeas were 40, nays 7.

Y Thompson Y Turner
Tysinger Y Walker

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1551. By Representatives Walker of the 141st, Irvin of the 45th, Coleman of the 142nd and others:
A bill to amend Article 1 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the real estate transfer tax, so as to increase the tax rate by $1.00 for the first $1,000.00 or fractional part of $1,000.00 and to increase the incremental rate by 10% for each additional $100.00.
Senate Sponsor: Senator Walker of the 22nd.

The Senate Committee on Finance and Public Utilities offered the following amendment: Amend HB 1551 by striking on line 34 of page 1 the year "2002" and inserting in lieu thereof the year "2006". By striking on line 5 of page 2 the year "2003" and inserting in lieu thereof the year "2007".
By striking on line 11 of page 2 the year "2002" and inserting in lieu thereof the year "2006".
By striking on line 21 of page 2 the year "2003" and inserting in lieu thereof the year "2007".
By striking on line 27 of page 2 the following: "2002 and 2003",
and inserting in lieu thereof: "2006 and 2007". On the adoption of the amendment, the yeas were 3, nays 43, and the committee
amendment was lost.

Senators Lamutt of the 21st, Johnson of the 1st, Tanksley of the 32nd and others offered the following amendment:
Amend HB 1551 by striking all matter beginning with line 1 of page 1 and ending with line 30 of page 2 and inserting in lieu thereof the following:
"To amend Code Section 48-5-8, relating to the state ad valorem tax levy, so as to provide that a portion of the proceeds of the state ad valorem tax levy shall be paid to the Land, Water, Wildlife, and Recreation Heritage Fund; to provide for related matters; to provide for a conditional effective date and a sunset date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1914

JOURNAL OF THE SENATE

SECTION 1.
Code Section 48-5-8, relating to the state ad valorem tax levy, is amended by designating the existing text of the Code section as subsection (a) and by adding thereafter a new subsection (b) to read as follows:
'(b) With respect to any state ad valorem tax levied on or after July 1, 1999, and prior to July 1, 2007, 80 percent of the proceeds of the tax shall be collected and remitted to the Land, Water, Wildlife, and Recreation Heritage Fund created in accordance with Article III, Section K, Paragraph VI of the Constitution and Article 10 of Chapter 3 of Title 12.'"
By striking lines 38 and 39 of page 2 and inserting in lieu thereof the following:
"to provide for payments into the fund from the state ad valorem tax levy; provided,".
On the adoption of the amendment, Senator Lamutt of the 21st called for the yeas and nays; the call was sustained, and the vote was as follows:

N Abernathy

N Griffin

Y Price,R

Y Balfour

Y Guhl

N Price,T

Blitch

N Harbison

N Ragan

N Boshears

N Henson

Y Ralston

N Bowen

N Hill

Y Ray

N Broun, 46th

N Hooks

Y Roberts

N Brown, 26th

N Huggins

N Scott

Y Brush

N James

N Starr

EX Burton .

Johnson.D

EX Stokes

Y Cagle

Y Johnson,E

N Streat

Y Cheeks

N Kemp

Y Tanksley

Y Clay

Y Lamutt

N Taylor

Y Crotts

Y Land

Y 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

Tysinger

N Glanton

N Oliver

N Walker

Y Gochenour

N Perdue

On the adoption of the amendment, the yeas were 18, nays 33, and the Lamutt, et al.

amendment was lost.

Senators Ray of the 48th, Brush of the 24th, Lamutt of the 21st and others offered the following amendment:
Amend HB 1551 by striking line 18 on page 2 and inserting in lieu thereof the following:
"and Article 10 of Chapter 3 of Title 12 with such proceeds to be expended only in the counties from which they are derived. The other half.
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 N Broun, 46th N Brown, 26th Y Brush

EX Burton N Cagle N Cheeks N Clay

WEDNESDAY, MARCH 18, 1998

1915

N Crotts

Johnson.D

Y Ray

N Dean

N Johnson,E

Y Roberts

N Egan

N Kemp

N Scott

N Fort

Y Lamutt

N Starr

N Gillis

N Land

EX Stokes

Y Glanton

N Langford

N Streat

Y Gochenour

N Madden

Y 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 PriceJ

Tysinger

N Huggins

N Ragan

N Walker

N James

Y Ralston

On the adoption of the amendment, the yeas were 13, nays 39, and the Ray, et al.

amendment was lost.

Senators Brush of the 24th and Ray of the 48th offered the following amendment:

Amend HB 1551 by adding at the end of line 4, page 2 the following:

Provided, further, that for first time home buyers, the tax shall be calculated pursuant to the provisions of sub-section (c) as to the first $100,000.00 of the purchase price of property to be used as a residence for the purchaser.

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

Y Ralston

N Bowen

N Hill

Y Ray

Y Broun, 46th

N Hooks

Y Roberts

N Brown, 26th

N Huggins

N Scott

Y Brush

N James

N Starr

EX Burton

Johnson,D

EX 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

N Langford

N Thomas,N

N Egan

N Madden

Y Thompson

N Fort

N Marable

N Turner

N Gillis

N Middleton

Tysinger

Y Glanton

N Oliver

N Walker

Y Gochenour

N Perdue

On the adoption of the amendment, the yeas were 19, nays 33, and the Brush, Ray

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:

1916

JOURNAL OF THE SENATE

Y Abernathy

Y Griffin

N 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

N Brush

Y James

EX Burton

Y Johnson.D

N Cagle

Y Johnson.E

Y Cheeks

Y Kemp

N Clay

N Lamutt

Y Crotts

Y Land

Y Dean

Y Langford

Y Egan

Y Madden

Y Fort

Marable

Y Gillis

Y Middleton

N Glanton

Y Oliver

N Gochenour

Y Perdue

On the passage of the bill, the yeas were 41, nays 11.

Y Price,R Y Price,T Y Ragan N Ralston N Ray Y Roberts Y Scott Y Starr EX Stokes Y Streat N Tanksley Y Taylor Y Thomas,D Y Thomas,N N Thompson Y Turner
Tysinger Y Walker

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

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House:

HB 1086. By Representatives Henson of the 65th, Orrock of the 56th, Trense of the 44th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide legislative findings and declarations relative to osteoporosis occurrence, prevention, detection, and treatment; to provide for patient education relative to osteoporosis prevention and treatment; to provide for certain required insurance coverage.

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

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

WEDNESDAY, MARCH 18, 1998

1917

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.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 666. By Senator Price of the 28th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to membership of county boards of health, so as to provide that the county superintendent of schools may designate a person to serve in such superintendent's place as a member of such board.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 337. By Senators Thompson of the 33rd, Streat of the 19th, Langford of the 29th and others:
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.
The Speaker has appointed on the part of the House, Representatives Benefield of the 96th, Dobbs of the 92nd and Channell of the lllth.
The Speaker has ruled the Senate substitute not germane, therefore the House has disagreed to the Senate substitute to the following bill of the House:
HB 1393. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 344. By Senator Perdue of the 18th:
A bill to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking professional licenses, so as to provide for certain matters relating to judicial review of deci-

1918

JOURNAL OF THE SENATE

sions of state examining boards; to provide for an effective date and applicability.
SB 446. By Senators Johnson of the 1st, Johnson of the 2nd and Hooks of the 14th:
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 for definitions; to encourage the location of state facilities in historic districts and the utilization of historic properties; to provide for legislative intent.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
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.
The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
SB 525. By Senators Johnson of the 1st, Dean of the 31st, Perdue of the 18th and others:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to revise practice and procedure in such proceedings; to eliminate the requirement of demand for possession; to place conditions on tender of rent as a defense; to change the disposition of rent paid into court.
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.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 1100. By Representatives Manning of the 32nd, Grindley of the 35th, Bradford of the 30th and others:
A resolution expressing support for projects and programs of the Regional Transportation Plan.
At 8:09 P.M., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, and at that time adjourn until 10:00 A.M. tomorrow; the President announced the motion prevailed.

THURSDAY, MARCH 19, 1998

1919

Senate Chamber, Atlanta, Georgia Thursday, March 19, 1998 Fortieth Legislative Day
The Senate met pursuant to adjournment at 10:00 A.M. today and was called to order by the President.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 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.
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.
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.
SB 700. By Senator Thomas of the 10th:
A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair employment practices, so as to prohibit public employers from requiring public employees or applicants to agree to not receive certain overtime or compensatory time; to provide for definitions; to provide for conditions and limitations; to provide an effective date.
SB 620. By Senators Stokes of the 43rd, Walker of the 22nd and Oliver of the 42nd:
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, so as to

1920

JOURNAL OF THE SENATE

change certain provisions relating to coverage of treatment of mental disorders; to provide for available coverage of treatment of mental disorders under certain small group policies; to provide for available coverage of treatment of mental disorders under certain large group policies.
The House has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 552. By Senators Hooks of the 14th, Oliver of the 42nd, Egan of the 40th and others:
A resolution to create the Joint Study Committee on Historic Preservation.
SR 544. By Senators Perdue of the 18th, Johnson of the 1st, Starr of the 44th and others:
A resolution creating the Joint Study Committee on Franchise Fees and Conditions, Rights of Way, and Tax Implications of Competitive Markets.
SR 766. By Senators Langford of the 29th, Taylor of the 12th, Roberts of the 30th and others:
A resolution urging the Georgia congressional delegation and the United States Congress to reject any legislation that would exempt health plans sponsored by associations and multiple employer welfare arrangements from state insurance standards and oversight.
The House has agreed to the Senate substitute to the following bill of the House:
HB 1630. By Representatives Orrock of the 56th, Ashe of the 46th, Irvin of the 45th and others:
A bill to amend the "Atlanta Urban Enterprise Zone Act," so as to change provisions relating to the duration of zones created for mixed use residential and commercial purposes.
The following resolution was introduced, read the first time and referred to committee:
SR 786. By Senators Hill of the 4th, Ragan of the llth and Streat of the 19th:
A resolution creating the Senate Cotton Warehousing and Marketing Study Committee.
Referred to Committee on Rules.
The following resolutions were read the first time and referred to committee:
HR 1100. By Representatives Manning of the 32nd, Grindley of the 35th, Bradford of the 30th and others:
A resolution expressing support for projects and programs of the Regional Transportation Plan.
Referred to Committee on Rules.
HR 1278. By Representatives Lord of the 121st, Burkhalter of the 41st, Tolbert of the 25th and others:
A resolution urging the Georgia congressional delegation and the United States Congress to reject any legislation that would exempt health plans spon-

THURSDAY, MARCH 19, 1998

1921

sored by associations and multiple employer welfare arrangements from state insurance standards and oversight.

Referred to Committee on Rules.

The following committee report was read by the Secretary:

Mr. President:

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

HB 1309. Do pass. HB 1310. Do pass. HB 1670. Do pass. HB 1684. Do pass. HB 1734. Do pass. HB 1837. Do pass. HB 1840. Do pass. HB 1876. Do pass. HB 1877. Do pass. HB 1883. Do pass. HB 1884. Do pass as amended. HB 1910. Do pass. HB 1912. Do pass. HB 1913. Do pass as amended. HB 1916. Do pass. HB 1917. Do pass. HB 1918. Do pass. HB 1919. Do pass. HB 1920. Do pass. HB 1921. Do pass. HB 1922. Do pass. HB 1923. Do pass by substitute. HB 1926. Do pass. HB 1875. Do pass. HB 1925. Do pass.

HB 1894. Do pass. HB 1895. Do pass. HB 1896. Do pass. HB 1897. Do pass. HB 1900. Do pass. HB 1902. Do pass. HB 1904. Do pass. HB 1905. Do pass. HB 1908. Do pass. HB 1909. Do pass.

Respectfully submitted,

Senator Thomas of the 10th District, Chairman

Senator Harbison of the 15th moved that Senator Crotts of the 17th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Crotts was excused.

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

Balfour Blitch Boshears Bowen Broun, 46th Burton Cagle

Cheeks Clay Dean Egan Fort Gillis Glanton

Gochenour Guhl Harbison Henson Hill Hooks Huggins

1922

JOURNAL OF THE SENATE

James

Oliver

Johnson,D

Perdue

Johnson.E

Price,R

Kemp

Price,T

Lamutt

Ragan

Land

Ralston

Langford

Ray

Madden

Roberts

Marable

Scott

Middleton

Those not answering were:

Starr Stokes Streat Tanksley Taylor Thomas,D Thompson Turner Tysinger

Abernathy

Crotts (excused)

Walker

Brown, 26th

Griffin

Brush

Thomas ,N

The President led the Senators in the Pledge of Allegiance to the Flag of the United

States of America.

Senator Ralston of the 51st introduced the chaplain of the day, Dr. Phil Griffin, First Baptist Church of McCaysville, Georgia, who offered scripture reading and prayer.

Senator Ralston of the 51st introduced the doctor of the day, Dr. Raymond Parrish of Blue Ridge, Georgia.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:.
The House insists on its position in substituting the following bills of the Senate:

SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.

SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and others:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit.
The House insists on its position in substituting the following resolution of the Senate:

SR 529. By Senators Starr of the 44th, Thomas of the 10th, Taylor of the 12th and others:
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.
The House has disagreed to the Senate substitutes to the following bills of the House:

HB 1202. By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24th:

THURSDAY, MARCH 19, 1998

1923

A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualifying fees, so as to provide that for certain offices, the qualifying fee shall be based on the minimum salary mandated by general law.
HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th and others: A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties.
The following resolutions were read and adopted:
SR 788. By Senator Price of the 56th: A resolution recognizing and commending Coach Ray Manus.
SR 791. By Senators Turner of the 8th, Bowen of the 13th and Taylor of the 12th: A resolution expressing condolences upon the passing of Mr. James Harley Mitchell.
SR 793. By Senator Kemp of the 3rd: A resolution commending Judge Paul E. Caswell.
SR 794. By Senators Thomas of the 10th and Henson of the 55th: A resolution commending Pastor Felix Snipes and Sister Jessie Snipes.
SR 795. By Senators Thomas of the 10th, Walker of the 22nd, Middleton of the 50th and others: A resolution congratulating Mr. William A. Tucker on the event of his 70th birthday.
SR 798. By Senator Hill of the 4th: A resolution honoring the life of J. Roland Hodges.
SR 799. By Senator Hill of the 4th: A resolution honoring Colquitt Dowdy.
SR 800. By Senators Hill of the 4th, Johnson of the 1st and Johnson of the 2nd: A resolution recognizing the 117th Air Control Squadron on the occasion of its 50th anniversary.
SR 801. By Senator Hill of the 4th: A resolution expressing sympathy at the passing of Lewis H. Griner.
SR 802. By Senators Thompson of the 33rd and Tanksley of the 32nd: A resolution expressing regret at the premature passing of the late Hollie Rebecca Jones.
SR 803. By Senators Thompson of the 33rd and Tanksley of the 32nd: A resolution expressing regret at the passing of the late Betty Porterfield.

1924

JOURNAL OF THE SENATE

SR 804. By Senators Thompson of the 33rd and Dean of the 31st: A resolution recognizing and commending the Senate secretaries.
SR 805. By Senator Johnson of the 2nd: A resolution recognizing and commending Robert McAlister.
SR 806. By Senator Johnson of the 2nd: A resolution recognizing and commending Post 500 of the American Legion.
SR 807. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Roy L. Jackson.
SR 808. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending the Jewish Education Alliance.
SR 809. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution commending Michael Faber.
SR 810. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Elder Willie Ferrell.
SR 811. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Beautine Williams Hardwick.
SR 812. By Senator Johnson of the 2nd: A resolution recognizing and commending Reverend Leonard Smalls.
SR 813. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Adams Cab Company.
SR 814. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Mrs. Helen Washington.
SR 815. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending James DeLorme.
SR 816. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Dr. Otis S. Johnson.
HR 1155. By Representative Smith of the 12th: A resolution proclaiming "International Building Safety Week".
Senator Hill of the 4th moved that Senator Kemp of the 3rd be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Kemp was excused.
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:

THURSDAY, MARCH 19, 1998

1925

SENATE LOCAL CONSENT CALENDAR
Thursday, March 19, 1998 FORTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1309 Thomas, 54th CATOOSA COUNTY

A bill to provide a homestead exemption from all Catoosa County School District ad valorem taxes for educational purposes in the amount of the full value of the homestead for certain residents of that school district who are 75 years of age or over.

HB 1310 Thomas, 54th CATOOSA COUNTY

A bill to provide a homestead exemption from all Catoosa County ad valorem taxes in the amount of the full value of the homestead for certain residents of that county who are 62 years of age or over and who have an annual household income of $14,000.00 or less.

HB 1670 Langford, 29th CITY OF LAGRANGE

A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the composition of the governing authority of the city for the purpose of conformity with a consent order and decree.

HB 1684 Glanton, 34th TOWN OF TYRONE

A bill to amend an Act creating a new charter for the Town of Tyrone, so as to change the provisions relating to the powers and duties of the mayor and council.

HB 1734 Thomas, 54th CATOOSA COUNTY

A bill to create the Catoosa County Public Works Authority.

HB 1837

Burton, 5th Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd Henson, 55th DEKALB COUNTY

A bill to specifically repeal the "DeKalb Memorial Stadium Authority Act".

1926

JOURNAL OF THE SENATE

HB 1840

Cagle, 49th Middleton, 50th NORTHEASTERN JUDICIAL CIRCUIT

A bill to amend an Act providing for a supplement to the salary of the judges of the Superior Courts of the Northeastern Judicial Circuit, so as to increase the supplement to each judge's salary.

HB 1876 Gochenour, 27th UPSON COUNTY

A bill to create the Upson County Water and Sewerage Authority.

HB 1877

Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY

A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.

HB 1883 - Clay, 37th CITY OF ACWORTH

A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.

HB 1884 Kemp, 3rd MCINTOSH COUNTY

A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairperson and members of said board.(AMENDMENT)

HB 1894

Clay, 37th Ray, 48th Cagle, 49th Ralston, 51st Price, 56th BLUE RIDGE JUDICIAL CIRCUIT

A bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, so as to increase the amount of compensation paid to such judges by the counties comprising the Blue Ridge Judicial Circuit.

HB 1895 Madden, 47th MADISON COUNTY

THURSDAY, MARCH 19, 1998

1927

HB 1896 HB 1897 HB 1900 HB 1902 HB 1904 HB 1905

A bill to amend an Act creating a board of commissioners of Madison County, so as to change certain provisions relating to the compensation of the members of the board other than the chairperson.
Bowen, 13th CITY OF NORMAN PARK
A bill to amend an Act creating a new charter for the City of Norman Park, so as to provide for four-year terms of office for the mayor and councilmembers.
Johnson, 1st Kemp, 3rd BRYAN COUNTY
A bill to amend an Act placing the judge of the Probate Court of Bryan County, formerly the ordinary, on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the judge of the probate court.
Clay, 37th CITY OF WOODSTOCK
A bill to amend an Act re-creating the reincorporating the City of Woodstock, so as to provide for the election of the mayor and councilmembers; to add a sixth ward and councilmember.
Middleton, 50th WHITE COUNTY
A bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincorporated areas declarations.
Griffin, 25th GREENE COUNTY
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change provisions relating to when a person elected to fill a vacancy takes office; to provide for a county manager and authorize the board to delegate administrative duties, powers, and responsibilities to such official.
Thomas, 54th CATOOSA COUNTY
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the members of said board; to authorize the members of said board to participate in the retirement plan currently available to employees of the Catoosa Utility District.

1928

JOURNAL OF THE SENATE

HB 1908 HB 1909 HB 1910 HB 1912 HB 1913 HB 1916
HB 1917
HB 1918

Streat, 19th Gillis, 20th TELFAIR-WHEELER COUNTIES
A bill to create the Telfair-Wheeler Airport Authority.
Griffin, 25th CITY OF MONTICELLO
A bill to amend an Act providing a new charter for the City of Monticello, so as to change the corporate limits of the City of Monticello.
Glanton, 34th CITY OF TYRONE
A bill to provide for an advisory referendum election to be held in the Town of Tyrone for the purpose of ascertaining the type of government for said town desired by the people of said town.
Huggins, 53rd BADE COUNTY
A bill to provide a homestead exemption from Dade County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.
Middleton, 50th DAWSON COUNTY
A bill to create a board of elections and registration for Dawson County and provide for its powers and duties. (AMENDMENT)
Blitch, 7th WARE COUNTY
A bill to provide a homestead exemption from Ware 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 $24,000.00 and who are 62 years of age or over.
Blitch, 7th WARE COUNTY
A bill to provide a homestead exemption from Ware County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $24,000.00 and who are 62 years of age or over.
Boshears, 6th Blitch, 7th CITY OF WAYCROSS

THURSDAY, MARCH 19, 1998

1929

HB 1919 HB 1920 HB 1921 HB 1922 HB 1923 HB 1926

A bill to provide a homestead exemption from certain City of Waycross ad valorem taxes for city purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose income together with the income of the spouse and all members of the family who reside at the homestead of such resident does not exceed $24,000.00 per annum.
Thomas, 54th CATOOSA COUNTY
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change certain provisions regarding the powers, duties, and area of operation of the board.
Huggins, 53rd WALKER COUNTY
A bill to provide a homestead exemption from Walker County ad valorem taxes for county purposes for the full value of the homestead for certain residents of that county who have annual incomes not exceeding $15,000.00 and who are 70 years of age or over.
Huggins, 53rd CITY OF CHICKAMAUGA
A bill to provide a homestead exemption from certain City of Chickamauga independent school district ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that independent school district who are 75 years of age or older and whose annual income does not exceed $15,000.00.
Huggins, 53rd WALKER COUNTY
A bill to provide a homestead exemption from Walker County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $15,000.00 and who are 75 years of age or over.
Streat, 19th BACON COUNTY
A bill to create the State Court of Bacon County. (SUBSTITUTE)
Ray, 48th CITY OF SUGAR HILL
A bill providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.

1930

JOURNAL OF THE SENATE

HB 1875

Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY

A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

HB 1925

Ralston, 51st CITY OF ELLIJAY GILMER COUNTY

A bill to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority.
The amendment to the following bill was put upon its adoption:
HB 1884:

The Senate State and Local Governmental Operations Committee offered the following amendment to HB 1884:
Amend HB 1884 by striking on line 24 of page 1 the amount of "$150.00" and inserting in lieu thereof the amount of "$125.00".
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
The amendment to the following bill was put upon its adoption:
HB 1913:

The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1913 by striking "21-2-211" and inserting "21-2-212" on line 27 of page 2.
By adding before the period on line 4 of page 6 the following:
", but the first chairperson shall receive as a minimum the same annual compensation as was received by the chief registrar of the county on January 1, 1998, and such minimum may be increased by the commissioners to reflect the additional duties the chairperson will perform under this Act, and the other members of the board shall receive as a minimum for each day of service on the business of the board the same per diem as provided for registrars, other than the chief registrar, under Code Section 212-212".
On the adoption of the amendment, the yeas were 45, nays 0, and the amendment was adopted.
The substitute to the following bill was put upon its adoption:
HB 1923:
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1923:

THURSDAY, MARCH 19, 1998

1931

A BILL
To be entitled an Act to create the State Court of Bacon County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to specify business hours of the court; to specify costs and fees; to provide for transfer of certain matters from the Superior Court of Bacon County; to provide for institution of criminal cases; to provide for appeals; to provide for selection, number, and compensation of jurors; to provide for appointment, election, qualifications, and terms of office of a judge of the court; to provide for restrictions and discipline of such judge and powers and duties thereof; to provide for the appointment, election, qualifications, and terms of office of a solicitor-general of the court and the powers and duties thereof; to provide for a clerk and sheriff of the court and the duties thereof; to provide compensation for the judge, solicitor-general, and other officers and staff of the court; to provide for a judge pro hac vice and an official court stenographer; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Effective January 1, 1999, there is created the State Court of Bacon County which shall have the power, jurisdiction, and method of procedure as provided by Chapter 7 of Title 15 of the O.C.G.A.
SECTION 2.
The State Court of Bacon County shall be located in the county site of Bacon County in facilities provided by the governing authority of Bacon County.
SECTION 3.
The State Court of Bacon County shall have such rules of practice and procedure as provided by Chapter 7 of Title 15 of the O.C.G.A. or by rules promulgated by the Supreme Court of Georgia.
SECTION 4.
The State Court of Bacon County shall have quarterly terms beginning on the second Monday of January, April, July, and October in the county site of Bacon County and such terms shall remain open for the transaction of business until the next succeeding term. If the date fixed for the convening of any term is a legal holiday, then that term shall begin on the next day thereafter which is not a legal holiday. Said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction of civil business before the court.
SECTION 5.
The clerk of the state court shall be required to keep his or her office open the same hours for business as the clerk of the superior court.
SECTION 6.
The clerk of the state court shall be entitled to charge and collect the same fees as the clerk of the superior court is entitled to charge and collect for the same or similar services. All such fees shall be paid into the county treasury, except those sums which are directed by law to be paid otherwise.

1932

JOURNAL OF THE SENATE

SECTION 7.
Any cases of a civil nature pending in the Superior Court of Bacon County on January 1, 1999, or thereafter, of which the State Court of Bacon County has jurisdiction under this Act may be transferred by the judge of the superior court to the State Court of Bacon County by consent of counsel of all parties and shall thereafter stand for trial in said state court as though originally filed therein.
SECTION 8.
All prosecutions in criminal cases instituted in the State Court of Bacon County shall be by written accusation, uniform traffic citation, or summons as provided for by Code Section 17-7-71 of the O.C.G.A.
SECTION 9.
Any cases tried in the State Court of Bacon County shall be subject to review by the Court of Appeals or the Supreme Court of Georgia, whichever court has jurisdiction, in the same manner and under the same rules of appellate procedure as apply to cases in the superior court.
SECTION 10.
(a) Traverse jurors shall be drawn, selected, chosen, and summoned for service in the State Court of Bacon County from the same jury list and from the same jury box and in the same manner as is done in the superior court. Jurors in said state court shall receive the same per diem compensation for service therein as in the Superior Court of Bacon County and shall be paid by Bacon County in the same manner and out of like funds as jurors are paid in the superior court.
(b) The jury for the trial of all civil cases tried in the State Court of Bacon County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A. Peremptory strikes in civil cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A.
(c) The jury for the trial of all criminal cases tried in the State Court of Bacon County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A. Peremptory strikes in criminal cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A.
SECTION 11.
(a) There shall be a judge of the State Court of Bacon County who shall be elected by the qualified voters of Bacon County, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Chapter 7 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that the first judge shall be appointed by the Governor for a term of office of two years beginning January 1, 1999, and until the election and qualification of a successor.
(b) The judge of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. He or she shall be vested with all the power and authority of the judges of the state courts by Title 7 of Chapter 15 of the O.C.G.A.
(c) The judge shall be a part-time judge and he or she shall be paid a salary of $10,000.00 per annum. Said salary shall be payable out of the funds of Bacon County at the same intervals as installments are paid to other county employees.

THURSDAY, MARCH 19, 1998

1933

SECTION 12.
(a) There shall be a solicitor-general of the State Court of Bacon County who shall be elected by the qualified voters of Bacon County, shall take office the first day of January immediately following such election, and shall serve for a term of office of four years and until the election and qualification of a successor, as provided by Article 3 of Chapter 18 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that the first solicitor-general shall be appointed by the Governor for a term of office of two years beginning January 1, 1999, and until the election and qualification of a successor.
(b) The solicitor-general of said court shall have such qualifications as provided in Article 3 of Chapter 18 of Title 15 of the O.C.G.A. and shall be a part-time solicitor-general of said court.
(c) The solicitor-general shall be paid an annual salary equivalent to that of the judge of said court. Said salary shall be payable out of the funds of Bacon County at the same intervals as installments are paid to other county employees.
SECTION 13.
(a) The clerk of the Superior Court of Bacon County shall, by virtue of his or her office, be the clerk of the State Court of Bacon County, and the sheriff of said county shall likewise be the sheriff of said state court. The clerk shall provide all the necessary dockets, writs, minute books, printed forms, and the like as will be necessary for said court which shall be paid for by Bacon County in like manner as such items in the superior court.
(b) The number and salaries of any necessary additional support staff for the clerk of the superior court and the sheriff of Bacon County required to serve the State Court of Bacon County shall be set by the Bacon County Board of Commissioners.
SECTION 14.
The governing authority of Bacon County is authorized to supplement the salaries of the clerk of the superior court and the sheriff in an amount it deems appropriate for those officers' services to the State Court of Bacon County.
SECTION 15.
In the event the judge of the State Court of Bacon County is unable to preside in the court or is disqualified for any reason, then the judge may appoint a judge pro hac vice to serve in his or her absence. Said judge pro hac vice shall meet the same qualifications as the judge of the State Court of Bacon County.
SECTION 16.
The judge of the State Court of Bacon County may appoint an official stenographer for said court who shall report such cases as the court may require. He or she shall receive the same fees as allowed for similar services in the superior court which shall be taxed and enforced as in the superior court.
SECTION 17.
This Act shall become effective on July 1, 1998.
SECTION 18.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

1934

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

Y Balfour

Y Guhl

Y Price,T

Blitch

Y Harbison

Y Ragan

Boshears

Y Henson

Y Ralston

Y Bowen

EX 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

Cagle

Y Johnson,E

Y Streat

Y Cheeks

Y Kemp

Tanksley

Clay

Y Lamutt

Y Taylor

EX Crotts

Y Land

Y Thomas,D

Y Dean

Y Langford

Y Thomas,N

Egan

Y Madden

EX Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Middleton

Y Tysinger

Y Glanton

Y Oliver

Y Walker

Y Gochenour

Y Perdue

On the passage of the local bills, the yeas were 45, nays 0.

The bills on the Local Consent Calendar, except HB 1884, HB 1913 and HB 1923, having received the requisite constitutional majority, were passed.

HB 1884 and HB 1913, having received the requisite constitutional majority, were passed as amended.

HB 1923, having received the requisite constitutional majority, was passed by substitute.

The following bills were taken up to consider House action thereto:

SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.
Senator Thomas of the 10th moved that the Senate adhere to its disagreement and that a Conference Committee be appointed.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Gillis of the 20th, Madden of the 47th and Thomas of the 10th.

HB 1178. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on failure to file a return or pay reve-

THURSDAY, MARCH 19, 1998

1935

nue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to provide for an effective date.
The House amendment to the Senate substitute was as follows:

Amend the Senate substitute to HB 1178 by inserting between "interest;" and "to" on line 5 of page 1 the following:
"to provide for procedures regarding the determination of eligibility of property for the freeport exemption;".
By inserting between lines 2 and 3 of page 3 the following:
"SECTION 1A.
Said title is further amended by adding a new subsection at the end of Code Section 485-48.1, relating to the tangible personal property inventory exemption, to be designated subsection (d), to read as follows:
'(d) Upon receiving the application required by this Code section, the county board of tax assessors shall determine the eligibility of all types of tangible personal property listed on the application. If any property has been listed which the board believes is not eligible for the exemption, the board shall issue a letter notifying the applicant that all or a portion of the application has been denied. The denial letter shall list the type and total fair market value of all property listed on the application for which the exemption has been approved and the type and total fair market value of all property listed on the application for which the exemption has been denied. The applicant shall have the right to appeal from the denial of the exemption for any property listed and such appeal shall proceed as provided in Code Section 48-5-3111. Except as otherwise provided in subparagraph (c)(2)(A) of this Code section, the county board of assessors shall not send a second letter of notification denying the exemption of all or a portion of such property listed on the application on new grounds that could and should have been discerned at the time the initial denial letter was issued.'"
Senator Perdue of the 18th moved that the Senate agree to the House amendment to the Senate substitute to HB 1178.
On the motion, a roll call was taken, and the vote was as follows:

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

Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson EX Hill Y Hooks Y Huggins
James Y Johnson,D Y Johnson.E Y Kemp Y Lamutt Y Land Y Langford Y Madden

Y Marable Middleton Oliver
Y Perdue Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts
Scott Y Starr
Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D

1936

JOURNAL OF THE SENATE

Thomas,N

Y Tysinger

Y Thompson

Y Walker

Y Turner

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to the Senate substitute to HB 1178.

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

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.
Senator Starr of the 44th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Starr of the 44th, Johnson of the 1st and Broun of the 46th.
The following bills were taken up to consider House action thereto:

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 House amendment was as follows:

Amend SB 421 by adding on line 21 of page 6 after the word "such" the word "felony". Senator Perdue of the 18th moved that the Senate agree to the House amendment to
SB 421.
On the motion, a roll call was taken, and the vote was as follows:

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

Y Crotts Y Dean
Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison
Henson Y Hill

Y Hooks Y Huggins Y James Y Johnson.D Y Johnson.E Y Kemp Y Lamutt Y Land
Langford Y Madden Y Marable Y Middleton

THURSDAY, MARCH 19, 1998

1937

Y Oliver

Y Roberts

Y Thomas.D

Y Perdue

Scott

Thomas,N

Y Price,R

Starr

Y Thompson

Y Price,T

Y Stokes

Y Turner

Y Ragan

Y Streat

Y Tysinger

Y Ralston

Y Tanksley

Walker

Y Ray

Y Taylor

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to SB 421.

SB 110. By Senators Walker of the 22nd, Stokes of the 43rd, Madden of the 47th and others:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and distribution of fines and forfeitures, so as to authorize additional penalty assessments for violations involving driving under the influence of alcohol or drugs and for the allocation of such additional penalties by the Brain and Spinal Injury Trust Fund and provide for the creation of such fund; to provide for definitions.
The House amendment was as follows:
On page 2, line 33, following the word "Association" remove the following words: "Rehabilitation Council".
Senator Walker of the 22nd moved that the Senate agree to the House amendment to SB 110.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

Y PriceJ

Y Blitch

Y Harbison

Ragan

Y Boshears

Henson

Y Ralston

Y Bowen

Y Hill

Ray

Broun, 46th

Y Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

Stokes

Y Cagle

Y Johnson,E

Y Streat

Y Cheeks

Y Kemp

Tanksley

Y Clay

Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

Y Langford

Thomas,N

Egan

Y Madden

Y Thompson

Y Fort

Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to SB 110.

SB 485. By Senators Gillis of the 20th, Huggins of the 53rd, Bowen of the 13th and others:

1938

JOURNAL OF THE SENATE

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 House amendment was as follows:
On page 2, line 1, delete the words:
"full-time chairperson of the board of commissioners"
and substitute in lieu thereof the following:
"members of the county governing authority".
Senator Gillis of the 20th moved that the Senate disagree to the House amendment to SB 485.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 485.
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide that certain political subdivisions of the state shall have no liability for certain computer errors; to provide for applicability to failures to properly process dates or times under certain circumstances; to provide for related matters; to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, "The Georgia Tort Claims Act," so as to provide that the state shall have no liability for certain computer errors; to provide for applicability to failures to properly process dates or times under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, is amended by adding a new Code section at the end thereof, to be designated Code Section 36-60-19, to read as follows:
"36-60-19.
(a) As used in this Code section, the term 'political subdivision of the state' means any office, agency, department, commission, board, division, and institution of any county or municipality of the State of Georgia.
(b) A political subdivision of the state shall have no liability for losses from any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise

THURSDAY, MARCH 19, 1998

1939

process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design."
SECTION 2.
Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, "The Georgia Tort Claims Act," is amended in Code Section 50-21-24, relating to exceptions to state liability, by striking the word "or" at the end of paragraph (11); by replacing the period at the end of paragraph (12) with the symbol and word "; or"; and by adding a new paragraph (13) to read as follows:
"(13) Any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate agree to the House substitute to SB 638.
On the motion, 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
Glanton Y Gochenour

Y Griffin Y Guhl Y Harbison
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
Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D
Thomas,N Y Thompson Y Turner Y Tysinger Y Walker

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 638.

1940

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 1747. By Representatives Benefield of the 96th, Hudson of the 156th and Porter of the 143rd:
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 of the department of transportation generally; to change certain provisions relating to powers of counties; to change certain provisions relating to powers of municipalities.
The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:
HB 1226. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th and others:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to wills, trusts, and estates, as such chapter and title were effective December 31, 1997, and Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to wills, trusts, and estates, as such chapter and title were amended by an Act approved April 2, 1996.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1915. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th:
A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.
The Speaker has ruled the Senate amendment not germane, therefore the House has disagreed to the Senate amendment to the following bill of the House:
HB 1448. By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.
The House insists on its position in substituting the following bill of the Senate:
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.

THURSDAY, MARCH 19, 1998

1941

The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.
The Speaker has appointed on the part of the House, Representatives Porter of the 143rd, Hugley of the 133rd and Houston of the 166th.
The following resolution was read and adopted:
SR 792. By Senators Johnson of the 1st, Cagle of the 49th, Ralston of the 51st and others:
A resolution honoring Senator Chuck Clay of the 37th District.
Senator Johnson of the 1st introduced Senator Clay of the 37th, commended by SR 792, who addressed the Senate briefly.
The following bills were taken up to consider House action thereto:
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.
Senator Marable of the 52nd moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Marable of the 52nd, Madden of the 47th and Hill of the 4th.
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 House substitute was as follows:
A BILL
To be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to 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

1942

JOURNAL OF THE SENATE

definitions and exemptions relating thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (a) of Code Section 50-5-67, relating to competitive bidding procedure, and inserting in its place the following:
"(a) Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar days, except for construction projects which shall have 30 calendar days allowed, prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisements advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit sealed bids directly by mail from reputable owners of supplies in all cases where the total requirement will exceed $100,000.00. When it appears that the use of the competitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions:
(1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable or is not advantageous to the state;
(2) Proposals shall be solicited through a request for proposals;
(3) Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding;
(4) Proposals shall be opened in the same manner as competitive sealed bids. A register of proposals shall be prepared and made available for public inspection;
(5) The request for proposals shall state the relative importance of price and other evaluation factors;
(6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reasonable offerers who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerers; and
(7) The award shall be made to the responsible offerer whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or

THURSDAY, MARCH 19, 1998

1943

criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made."
SECTION 2.
Said title is further amended by striking subsection (b) of Code Section 50-5-69, relating to competitive bidding requirements, and inserting in its place the following:
"(b) The department shall establish a central bid registry to advertise the various procurement and bid opportunities of state government. Such central bid registry shall be entitled the Georgia Procurement Registry and shall operate in accordance with appropriate rules and regulations applicable to the department's responsibility to manage the state's procurement system. It shall be the responsibility of each agency, department, board, commission, authority, and council to report to the department its bid opportunities in a manner prescribed by the Department of Administrative Services. The commissioner of administrative services is authorized and directed to promulgate rules and regulations to carry out this responsibility and shall determine the most economical method to conduct public notification of such bid opportunities."
SECTION 3.
Said title is further amended by adding between paragraphs (2) and (3) of Code Section 50-22-2, relating to definitions regarding acquisition of professional services, a new paragraph to read as follows:
"(2.1) 'Predesign' means that phase of an activity where requirements programming, site analysis, and other appropriate studies are conducted to develop essential information, including cost estimates, to support and advance the decision-making process prior to the design and implementation phases of an activity."
SECTION 4.
Said title is further amended by striking paragraph (5) of said Code Section 50-22-2 and inserting in its place the following:
"(5) 'Project' means any activity requiring professional services estimated by the state agency to have: a
(A) A cost in excess of $250,000.00 $1 million; or lu have a fee
(B) Costs for professional services in excess of $15,000.00 $75,000.00."
SECTION 5.
Said title is further amended by striking Code Section 50-22-3, relating to notices of proposed projects requiring professional services, and inserting in its place the following:
"50-22-3.
Public notice shall be required for each proposed project which requires professional services. Such public notice shall be given at least 2 15 days prior to the selection of the three or more most highly qualified persons by the principal representative or his the principal representative's designee pursuant to subsection (b) of Code Section 5022-4. Such public notice shall be given by publication two times at least once in the Georgia Procurement Registry established under subsection (b) of Code Section 50-569 and in addition may be given by publication in one or more daily newspapers of general circulation in this state, shall contain a general description of the proposed project, and shall indicate what selection method shall be used and the procedure by which interested persons may apply for consideration for the contract."

1944

JOURNAL OF THE SENATE

SECTION 6.
Said title is further amended by striking Code Section 50-22-7, relating to exceptions to notices of proposed projects requiring professional service, and inserting in its place the following:
"50-22-7.
(a) Notwithstanding any other provisions of this chapter, there shall be no public notice requirement or utilization of the selection process as provided for in this chapter for projects in which the state agency is able to reuse existing drawings, specifications, designs, or other documents from a prior project by retention of the person who provided the professional services and who prepared the original documents.
(b) Notwithstanding any other provisions of this chapter, the Board of Regents and University System of Georgia shall be exempt from the provisions of this chapter.
(c) The provisions of Code Section 50-6-25, relating to the eligibility of architectural and engineering firms to do business with the state, shall not be affected or superseded by the provisions of this chapter.
(d) Notwithstanding any other provisions of this chapter, there shall be no public notice requirement or utilization of the selection process as provided for in this chapter for services required for the predesign phase of any state agency construction project unless the state agency estimates the predesign phase alone to have costs for professional services in excess of $75,000.00. No award of a contract to provide predesign services under this exemption shall be interpreted to preclude the lawful necessity to give public notice and use the selection process for design of projects meeting the criteria of paragraph (5) of Code Section 50-22-2. Costs for predesign services, whether or not those services are exempt under this subsection, shall be added to any other costs of an activity for purposes of determining whether the activity is a project."
SECTION 7.
This Act shall become effective on July 1, 1998.
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.
Senator Tysinger of the 41st moved that the Senate agree to the House substitute to SB 437.
On the motion, 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
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
Harbison Y Henson Y Hill
Hooks Y Huggins Y James Y Johnson.D

Y Johnson,E Y Kemp Y Lamutt Y Land
Langford Y Madden Y Marable Y Middleton
Oliver Y Perdue Y Price,R Y Price,T Y Ragan Y Ralston

THURSDAY, MARCH 19, 1998

1945

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

Stokes

Y Thomas,N

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 437.

Senator Abernathy of the 38th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 32, nays 1; the motion prevailed, and Senator Stokes was excused.

The following bills were taken up to consider House action thereto:

HB 1202. By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualifying fees, so as to provide that for certain offices, the qualifying fee shall be based on the minimum salary mandated by general law.
Senator Broun of the 46th moved that the Senate insist on its substitute to HB 1202.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1202.

HB 766. By Representative Connell of the 115th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.
The House amendment was as follows:

Amend the Senate substitute to HB 766 by striking lines 22 through 30 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the following:

(1) Clerk of superior court and state court (2) Judge of the probate court (3) Tax commissioner (4)(A) Judge of the state court (B) Chief judge of the state court (5) Solicitor of the state court (6) Coroner (7) Judge of the civil court (8) Associate judge of the civil court

"From January 1

through

December 31, 1999

$

67,850.00 $

65,468.00

78,000.00 90,000.00

98,000.00

73,500.00

55,680.00 69,283.50 68,406.00

On and after January 1, 2000
75,000.00
75,000.00
78,000.00 90,000.00
98,000.00
83,000.00
65,000.00 76,500.00 75,000.00

1946

JOURNAL OF THE SENATE

(9) District attorney (10) Judge of the superior court (11) Chief judge of the superior court (12) Sheriff

20,535.00 22,124.00
23,624.00
81,335.50

20,535.00 22,124.00
23,624.00
90,000.00"

Senator Cheeks of the 23rd moved that the Senate agree to the House amendment to the Senate substitute to HB 766.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 766.

At 12:35 P.M., the President announced the Senate would stand in recess until 1:00 P.M.

At 1:41 P.M., the President called the Senate to order.

The following bills were taken up to consider House action thereto:

SB 30. By Senator Boshears of the 6th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corporation to apply for state funding grants as if it were a local governmental entity.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide that two or more volunteer fire departments may form a nonprofit corporation; to allow said nonprofit corporation to apply for state funding grants as if it were a local governmental entity; to provide for procedures and restrictions in connection therewith; 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 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by adding a new Code section to read as follows:
"36-80-6.1.
Two or more volunteer fire departments from the same or adjacent counties are authorized to form a nonprofit corporation. A nonprofit corporation formed under this Code section is eligible to receive state funding grants to the same extent as a local government entity; provided, however, that at least one of the volunteer fire departments forming the corporation provides firefighting services pursuant to a contract with a unit of local government. Each nonprofit corporation shall keep accounts which shall be subject to annual audits by the state auditor, a certified public accountant appointed by the state auditor, or a certified public accountant appointed by any local

THURSDAY, MARCH 19, 1998

1947

governmental unit all or part of whose jurisdiction includes the service area of the nonprofit corporation."
SECTION 2. This Act shall become effective on January 1, 1999.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Boshears of the 6th moved that the Senate agree to the House substitute to SB 30.
On the motion, 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

EX Hill

Y Ray

Y Broun, 46th

Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Scott

Brush

Y James

Starr

Y Burton

Y Johnson,D

Y Stokes

Y Cagle

EX Johnson.E

Y Streat

Y Cheeks

Y Kemp

Y Tanksley

Y Clay

Y Lamutt

Taylor

Crotts

Y Land

Y Thomas,D

Y Dean

.

Langford

Thomas ,N

Egan

Y Madden

EX Thompson

Y Fort

Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 30.

SB 39. By Senators Boshears of the 6th, Ralston of the 51st and Johnson of the 1st:
A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the provisions relating to the release of information collected under the state registration program; to provide that the information collected under the state registration program may be disclosed for any purpose authorized by state or federal law.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide that some duties formerly assigned to the sentencing court are now assigned to the Division of Probation of the Department of Corrections; to change definitions; to provide for registration within ten days of release or placement on parole, supervised release, or probation; to provide for registration with and reporting of changes in address to the lo-

1948

JOURNAL OF THE SENATE

cal sheriff's office; to provide for furnishing registration information to the Georgia Bureau of Investigation; to provide that the sheriff shall obtain needed information concerning the registrant; to provide for the dissemination of certain information relating to sexual predators; to change penalties for failure to register or providing false information; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, is amended by striking in its entirety Code Section 42-1-12, relating to the registration of sexually violent predators, and inserting in lieu thereof the following:
"42-1-12.
(a) As used in this Code section, the term:
(1) 'Appropriate state official' means:
(A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system, the buiiUjiitiug cuuil Division of Probation of the Department of Corrections;
(B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and
(C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee.
(2) 'Board' means the Sexual Offender Registration Review Board.
(3) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section.
(4)(A) 'Criminal offense against a victim who is a minor' means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent;
(ii) False imprisonment of a minor, except by a parent;
(iii) Criminal sexual conduct toward a minor;
(iv) Solicitation of a minor to engage in sexual conduct;
(v) Use of a minor in a sexual performance;
(vi) Solicitation of a minor to practice prostitution; or
(vii) Any conduct that by its nature is a sexual offense against a minor as specifically designated for registration by the prosecution.
(B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger.

THURSDAY, MARCH 19, 1998

1949

(5) 'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
(6) 'Predatory" means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization.
(7) 'Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; Cude Section 10-0-22.1, relating tu sexual balleiy, or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph.
(8) 'Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses.
(b)(l)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Geuigia Bureau uf Investigation sheriffs office in the county where such person will reside for the time period specified in paragraph (1) of subsection (g) of this Code section.
(ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Qciugia Bureau uf Investigation sheriffs office in the county where such person will reside for the time period specified in paragraph (1) of subsection (g) of this Code section.
(B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the Geuigia Dmeau uf Investigation sheriffs office in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each person's name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriffs office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. The provisions of this sub-

1950

JOURNAL OF THE SENATE

paragraph shall apply to a sexually violent predator until such requirement is terminated under paragraph (2) of subsection (g) of this Code section.
(2)(A) A determination that a person is a sexually violent predator and a determination that a person is no longer a sexually violent predator shall be made by the sentencing court after receiving a report by the Sexual Offender Registration Review Board.
(B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders. The members of such board shall be appointed by the commissioner of human resources for terms of four years with initial terms commencing September 1, 1996. After the initial terms specified in this subparagraph, members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21.
(C) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the court's request to respond with its report. Within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation.
(D) An offender who has been determined to be a sexually violent predator and who is required to register under this Code section may make application to the board to have such registration requirements terminated on the grounds that such person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. Such an application may be made by the offender and heard by the board only after the offender has been released on parole or probation or from incarceration for a period of three years and not more than once every two years thereafter. If the board determines that such offender should no longer be classified as a sexually violent predator, such information shall be forwarded to the sentencing court, where a final decision on the matter shall be rendered. If the court concurs with the board's recommendation, such information shall be forwarded to the Georgia Bureau of Investigation and the registration requirements of subparagraph (B) of paragraph (1) of this subsection shall no longer apply to such offender; provided, however, that an individual who is no longer deemed a sexually violent predator

THURSDAY, MARCH 19, 1998

1951

shall be required to register under subparagraph (A) of paragraph (1) of this subsection for the time period specified in paragraph (1) of subsection (g) of this Code section. If such a determination is not made by the court to terminate the registration requirements, the offender shall be required to continue to comply with the registration requirements of subparagraph (B) of paragraph (1) of this subsection.
(3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall:
(i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration;
(ii) Inform the person that, if the person changes residence address, the person shall give the new address to the Georgia Bureau of IiivesUgalkm sheriff with whom the person last registered, not later than ten days after the change of address. Following such notification the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of residence address ;
(iii) Inform the person that, if the person changes residence to another state, the person shall register the new address with the Qeuigia Duinau uf Investigation sheriff with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state if the new bLatu liaa
(iv) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and
(v) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation.
(B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center.
(C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data, changes of residence, employment or other pertinent data, and to assist in offender identification.
(D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of an-

1952

JOURNAL OF THE SENATE

other state or territory or who has been convicted of an offense in another state or territory which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section. Such person shall register the new address and employment information with the
ueBigliateu Iciw Giilvjicciuciit agency witli wliuin tlic pcisun last icgiotcicu, and tlic
peisun shall legibtm with the Georgia Duieau of Investigation sheriff of the county of new residence not later than ten days after the date of establishing residency in this state. Upon the person's registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The Geuigia Bureau uf Investigation sheriff or his or her designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not aheauy previously been obtained in
(juiiiictLiuii Wltll Llic uiiciicjc Llicit i cSU.lt/cCi lii 1/ile1illLi11i"cjiStl"ciLiu11 1 cy(Ull^cille1TC
within the State of Georgia. In addition, the Geoigia Buieau uf Investigation sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section, (c) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the criminal justice information system by the appropriate state official or sheriff, the Georgia Crime Information Center shall immediately notify the sheriff of the county where the person expects to reside. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification.
(d)(l) For a person required to register under subparagraph (b)(l)(A) of this Code section, on each anniversary of the person's initial registration date during the period in which the person is required to register under this Code section the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person;
(B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form;
(C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; and

THURSDAY, MARCH 19, 1998

1953

(D) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section unless the person proves that he or she has not changed the residence address.
(2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(l)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole.
(e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state if the new state has a IB-
^18LifiLiOll L t;i^Liii t;iiicnL.
(f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement.
(g)(l) A person required to register under subparagraph (b)(l)(A) of this Code section shall continue to comply with this Code section until ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation.
(2) The requirement of a person to register under subparagraph (b)(l)(B) of this Code section shall terminate upon a determination, made in accordance with paragraph (2) of subsection (b) of this Code section, that the person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense.
(h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor; provided, however, that upon the conviction of the third second or subsequent offense under this subsection, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount of up to $100,000.00, or both.
(i) The information collected under the state registration program shall be treated as private data except that:
(1) Such information may be disclosed to law enforcement agencies for law enforcement purposes;
(2) Such information may be disclosed to government agencies conducting confidential background checks;
(3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing herein shall

1954

JOURNAL OF THE SENATE

prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)(l)(B) of this Code section; and
(4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion.
(j) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section.
(k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders.
(1) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Boshears of the 6th moved that the Senate agree to the House substitute to SB 39.
On the motion, 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

EX Hill

Y Ray

Y Broun, 46th

Hooks

Roberts

Y Brown, 26th

Y Huggins

Scott

Brush

Y James

Starr

Y Burton

Y Johnson,D

Y Stokes

Y Cagle

EX Johnson,E

Y Streat

Y Cheeks

Y Kemp

Y Tanksley

Y Clay

Y Lamutt

Taylor

Crotts

Y Land

Y Thomas,D

Y Dean

Langford

Thomas.N

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

Y Perdue

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 39.

HB 1430. By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th and others:
A bill 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 regis-

THURSDAY, MARCH 19, 1998

1955

tration and license requirements and penalties; to change certain provisions relating to transfer of license plates and revalidation decals.
Senator Ray of the 48th moved that the Senate insist on its substitute to HB 1430.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1430.
HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.
Senator Oliver of the 42nd moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Oliver of the 42nd, Starr of the 44th and Lamutt of the 21st.
HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties.
Senator Oliver of the 42nd moved that the Senate insist on its substitute to HB 1730.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1730.
SB 230. By Senator Ralston of the 51st:
A bill to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the presumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, so as to provide that the presumption of a gift of lands belonging to a parent but in possession of a child shall be a rebuttable presumption; to provide what evidence may rebut such a presumption; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 4 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to inter vivos gifts, is amended by striking in its entirety Code Section 44-5-85, re-

1956

JOURNAL OF THE SENATE

lating to gifts of lands belonging to a parent but in the possession of a child, and inserting in lieu thereof the following:
"44-5-85.

The exclusive possession by a child of lands which originally belonged to the parent or parents, without payment of rent, for the space of seven years, creates a conclusive rebuttable presumption of a gift and conveys title to the child;. The presumption may be rebutted by unless then; is evidence of a loan, of a claim of dominion by the parent or parents acknowledged by the child, or of a disclaimer of title by the child, or similar evidence."
SECTION 2.
Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1998.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Ralston of the 51st moved that the Senate agree to the House substitute to SB 230.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy

Y Griffin

Y Price.R

Y Balfour

Y Guhl

Y Price,T

Blitch

Y Harbison

Y Ragan

Y Boshears

Y Henson

Y Ralston

Bowen

EX Hill

Y Ray

Y Broun, 46th

Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Scott

Brush

Y James

Starr

Y Burton

Y Johnson,D

Y Stokes

Y Cagle

EX Johnson,E

Y Streat

Y Cheeks

Y Kemp

Y Tanksley

Y Clay

Y Lamutt

Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

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

Y Perdue

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 230.

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.
The House amendments were as follows:

THURSDAY, MARCH 19, 1998

1957

House amendment #1:
Amend SB 491 by adding on line 6 of page 1 after the word and symbol "time;" the following:
"to amend Code Section 20-2-165 of the Official Code of Georgia Annotated, relating to equalization grants provided pursuant to the 'Quality Basic Education Act,' so as to provide for the amount of such grants during the first four effective years of a merger of any two or more local school systems;".
By adding between lines 1 and 2 on page 3 the following:
"Code Section 20-2-165 of the Official Code of Georgia Annotated, relating to equalization grants provided pursuant to the 'Quality Basic Education Act,' is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. For the second, third, fourth, and fifth effective years of the merger of any two or more local school systems, the equalization grants for such years shall be no less than 100 percent, 75 percent, 50 percent, and 25 percent, respectively, of the amount of the equalization grant in the first effective year of such merger. No portion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.'
SECTION 3."
By renumbering Section 3 as Section 4.
House amendment #2:
Amend SB 491 by striking all matter on lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' so as to provide for funding of foreign language instruction in primary, upper elementary, and middle grade programs; to change the standards for eligibility for middle school grants which relate to foreign language instruction; to".
By inserting between lines 9 and 10 of page 1 the following:
"SECTION 1.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' is amended by striking in its entirety subsection (c) of Code Section 20-2-182, relating to program weights in the Quality Basic Education Formula, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The program weights for the primary, upper elementary, and middle grades programs, when multiplied by the base amount, shall reflect sufficient funds to pay at

1958

JOURNAL OF THE SENATE

least the beginning salaries of specialists qualified to teach art, music, foreign language, and physical education, subject to appropriation by the General Assembly.' ".

By striking all matter on lines 11 through 13 of page 1 and inserting in lieu thereof the following:

"Said article is further amended by".

By striking all matter on lines 11 through 15 of page 2 and inserting in lieu thereof the following:

"option for students whu have ocuied at ui abuvy the sixtieth peiceiilile uii a nationally

iiui iiicu Lt^sL Ol i ttulm^ tiuliie vciiiciiL ttuiiiimSLd cil vViLliiii Llic pi c Viuuio ui cui i t;iiL

Ol Ll~m ldii^

m La wliidl cti c ici^Lin eu tU intact Llie

lui Suuli ^lanLo. A ,

By redesignating Sections 1 through 3 as Sections 2 through 4, respectively.

Senator Clay of the 37th moved that the Senate agree to the House amendments to SB 491.

On the motion, 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

EX Hill

Y Ray

Y Broun, 46th

Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Scott

Y Brush

Y James

Starr

Y Burton

Y Johnson,D

Y Stokes

Y Cagle

EX Johnson,E

Y Streat

Y Cheeks

Y Kemp

Y Tanksley

Y Clay

Y Lamutt

Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

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

Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed

to the House amendments to SB 491.

SB 666. By Senator Price of the 28th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to membership of county boards of health, so as to provide that the county superintendent of schools may designate a person to serve in such superintendent's place as a member of such board.
The House amendment was as follows:
Amend SB 666 as follows:
Line 14 delete after schools: or some person
Add: or other school personnel may be

THURSDAY, MARCH 19, 1998

1959

Senator Price of the 28th moved that the Senate agree to the House amendment to SB 666.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy Y Balfour Y Blitch Y Boshears
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 EX Hill Y Hooks Y Huggins Y James Y Johnson,D EX 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
Ragan Y Ralston Y Ray Y Roberts
Scott Starr Y Stokes Y Streat Tanksley Taylor Y Thomas,D Thomas.N EX Thompson Y Turner Y Tysinger Y Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 666.

HB 1393. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.
Senator Cagle of the 49th moved that the Senate insist on its substitute to HB 1393.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1393.

HB 1253. By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Program.
Senator James of the 35th moved that the Senate insist on its substitute to HB 1253.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1253.

SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and Price of the 28th:

1960

JOURNAL OF THE SENATE

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.
Senator Ray of the 48th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Ray of the 48th, James of the 35th and Price of the 28th.
HB 1915. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th:
A bill to provide for the compensation, expenses, and benefits of the coroner of Columbia County.
Senator Brush of the 24th moved that the Senate recede from its substitute to HB 1915.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 1915.
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.
The House amendment was as follows:

Amend SB 409 by striking lines 19 and 20 on page 1 and inserting in lieu thereof the following:
"$3.00 per month shall be added to any supervision fee collected by any entity authorized to collect such fees and shall be paid into".
Senator Walker of the 22nd moved that the Senate agree to the House amendment to SB 409.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy Y Balfour Y Blitch Y Boshears
Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton EX Cagle Y Cheeks

Y Clay Y Crotts
Dean Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison

Y Henson EX Hill
Hooks Y Huggins Y James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford

THURSDAY, MARCH 19, 1998

1961

Y Madden Y Marable Y Middleton Y Oliver Y Perdue 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
Turner Y Tysinger Y Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 409.

The following resolution was read and adopted:

SR 797. By Senators Perdue of the 18th, Walker of the 22nd, Clay of the 37th and many, many others:
A resolution recognizing and commending Alice E. Enright.
Senator Perdue of the 18th, President Pro Tempore, introduced Ms. Enright, Deputy Secretary of the Senate, who addressed the Senate briefly.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 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.
The Speaker has appointed on the part of the House, Representatives Taylor of the 134th, Porter of the 143rd and Sherrill of the 62nd.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.
The Speaker has appointed on the part of the House, Representatives Shanahan of the 10th, Stanley of the 50th and Royal of the 164th.

1962

JOURNAL OF THE SENATE

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution the Senate:
SR 529. By Senators Starr of the 44th, Thomas of the 10th, Taylor of the 12th and others:
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.
The Speaker has appointed on the part of the House, Representatives Barnes of the 33rd, Smith of the 175th and Shanahan of the 10th.
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 244. By Representative Smith of the 175th:
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 provide for grants for lengthening the school year and the conditions and procedures relating thereto.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 942. By Representatives Holmes of the 53rd, Byrd of the 170th, Greene of the 158th and others:
A bill to amend Code Section 21-4-6 of the Official Code of Georgia Annotated, relating to the review of grounds for a recall petition, so as to provide for required elements of such review; to provide for the burden of proof; to provide for discovery; to provide for judicial orders.
The Speaker has ruled the Senate substitute not germane, therefore the House has disagreed to the Senate substitute to the following bill of the House:
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.
Senator Dean of the 31st moved that Senator Marable of the 52nd be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Marable was excused.
The following bills were taken up to consider House action thereto:
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.

THURSDAY, MARCH 19, 1998

1963

The House substitute was as follows:
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 and youth, so as to create the "PeachCare for Kids Act"; to provide for a short title, legislative findings, and definitions; to provide for the creation of a health care coverage program for certain children and for its administration and funding; to provide for eligibility and coverage; to provide for copayments and premiums; to provide for outreach, applications, and enrollment; to provide for health care provider enrollment and reimbursement; to provide for plan submission and action to obtain federal approval; to provide for submissions of copies of the plan; to provide for reports and agency cooperation; to provide for certain agency and other contracts; to provide for separate budget units and appropriations; 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 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end a new article to read as follows:
"ARTICLE 13
49-5-270.
This article shall be known and may be cited as the 'PeachCare for Kids Act.'
49-5-271.
The General Assembly finds and declares that a large proportion of school-aged children in Georgia do not currently have access to adequate medical treatment and, further, that this lack of access can hinder a child's ability to reach his or her full physical and educational potential. The General Assembly further finds that federal funding made available to the states under Title XXI of the federal Social Security Act may be used to administer programs to provide such coverage. The General Assembly further finds the provision of adequate medical coverage for this population to be in the public interest and further declares the establishment of the program pursuant to this article to be a desirable and economical means of increasing access to such medical coverage.
49-5-272.
As used in this article, the term:
(1) 'Department' means the Department of Medical Assistance.
(2) 'Federal law' means Title XXI of the federal Social Security Act.
(3) 'Medicaid' means medical assistance provided under Article 7 of Chapter 4 of this title, the 'Georgia Medical Assistance Act of 1977.'
(4) 'PeachCare' or 'program' means the PeachCare for Kids Program created by Code Section 49-5-273.
49-5-273.
(a) There is created the PeachCare for Kids Program to provide health care benefits for children in families with income below 200 percent of the federal poverty level. Children from birth through 18 years of age in families with family incomes below 200

1964

JOURNAL OF THE SENATE

percent of the federal poverty level and who are not eligible for medical assistance under Medicaid shall be eligible for the program, to be administered by the department pursuant to federal law and subject to availability of funding.
(b) No entitlement to benefits for the children covered under the program or this article shall be created by the program, nor shall this article or any rules or regulations adopted pursuant to this article be interpreted to entitle any person to receive any health services or insurance available under this program. The program shall be established subject to the availability of funds specifically appropriated by the General Assembly for this purpose and federal matching funds as set forth in federal law. The department shall operate the program consistent with administrative efficiency and the best interests of children.
(c) The program shall offer substantially the same health care services available to children under Georgia's Medicaid plan, but coverage for such services shall not be provided by an expansion of eligibility for medical assistance under Medicaid. However, the program shall exclude nonemergency transportation and targeted case management services. The department shall utilize appropriate medical management and utilization control procedures necessary to manage care effectively and shall prospectively limit enrollment in the program and modify the health care services benefits when the department has reason to believe the cost of such enrollment or services may exceed the availability of funding.
(d) The department may require copayments for services consistent with federal law; provided, however, that no copayment shall be charged for preventive services and no copayments or premiums shall be charged for any child under six years of age. Preventive services include but are not limited to medically necessary maintenance medication and monitoring for chronic conditions such as asthma and diabetes.
(e) The department shall require payment of premiums for participation in the program. The premiums shall not exceed the amounts permitted under Section 1916(b)(l) of the Social Security Act or federal law.
(f) The department may provide for presumptive eligibility for all applicant children as allowed by federal law and in a manner consistent with the provisions of this article.
(g) The department shall provide for outreach for the purpose of enrolling children in the program. Applications shall be accepted by mail or in person. All necessary and appropriate steps shall be taken to achieve administrative cost efficiency, reduce administrative barriers to application for and receipt of services under the program, and ensure that enrollment in the program does not substitute for coverage under a group health insurance plan.
(h) Any health care provider who is enrolled in the Medicaid program shall be deemed to be enrolled in the program.
(i) The department shall file a Title XXI plan to carry out the program with the United States Department of Health and Human Services Health Care Financing Administration by June 1, 1998. The department shall have the authority and flexibility to make such decisions as are necessary to secure approval of that plan consistent with this article. The department shall provide a copy of the plan to the General Assembly. The department shall operate this program consistent with federal law.
(j) The department shall publish an annual report, copies of which shall be provided to the Governor and the General Assembly setting forth the number of participants in

THURSDAY, MARCH 19, 1998

1965

the program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the program.
(k) All state agencies shall cooperate with the department and its designated agents by providing requested information to assist in the administration of the program.
(1) The department, through the Department of Administrative Services or any other appropriate entity, may contract for any or all of the following: the collection of premiums, processing of applications, outreach, data services, and evaluation, if such contracting achieves administrative or service cost efficiency. The department, and other state agencies as appropriate, shall provide necessary information to any entity which has contracted with the department for services related to the administration of the program.
(m) Nothing in this article shall be interpreted in a manner so as to preclude the department from contracting with licensed health maintenance organizations (HMO) or provider sponsored health care corporations (PSHCC) for coverage of program services and eligible children in a metropolitan statistical area; provided, however, that such contracts shall require payment of premiums and copayments in a manner consistent with this article. The department may not require enrollment in a health maintenance organization (HMO) or provider sponsored health care corporation (PSHCC) as a condition of receiving coverage under the program.
(n) There shall be created a separate budget unit 'C' and a separate appropriation in the department for the purpose of carrying out the provisions of this article."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 410.
On the motion, 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
Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis

N Glanton N Gochenour Y Griffin N Guhl Y Harbison Y Henson EX Hill Y Hooks Y Huggins Y James Y Johnson,D Y Johnson,E Y Kemp Y Lamutt Y Land Y Langford Y Madden EX Marable

Y Middleton Y Oliver Y Perdue Y 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 Y Thomas,N Y Thompson

1966

JOURNAL OF THE SENATE

Y Turner

Y Tysinger

Y Walker

On the motion, the yeas were 48, nays 4; the motion prevailed, and the Senate agreed

to the House substitute to SB 410.

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.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to 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; to define the offense of family violence aggravated assault; to provide penalties for such offense; to define the offense of family violence simple battery; to provide a penalty for such offense; to change the penalty provisions relating to the offense of family violence battery; to provide a specific penalty for the offense of battery against a person who is 65 years of age or older; to define the offense of family violence aggravated battery; to provide penalties for such offense; to provide for minimum periods of imprisonment for certain offenses; to provide that certain sentences of imprisonment shall not be suspended, stayed, probated, deferred, or withheld; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Crimes Against Family Members Act of 1998."
SECTION 2.
Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of assault and battery, is amended by striking Code Section 16-5-20, relating to the crime of simple assault, and inserting in lieu thereof a new Code Section 16-5-20 to read as follows:
"16-5-20.
(a) A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
(b) Except as provided in subsection subsections (c), (d), and (e) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor.

THURSDAY, MARCH 19, 1998

1967

(c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state.
(d) If the offense of simple assault is committed between past or present spouses or persons who are parents of the same child, then such offense shall constitute the offense of family violence assault. Any person who commits the offense of family violence assault shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature, as follows: If the defendant is sentenced to imprisonment;
(1) Upon a first conviction of family violence assault, the defendant shall receive a minimum sentence of imprisonment of five days which shall not be suspended, stayed, probated, deferred, or withheld; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost;
(2) Upon a second conviction of family violence assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 30 days which shall not be suspended, stayed, probated, deferred, or withheld; and
(3) Upon a third or subsequent conviction of family violence assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of six months which shall not be suspended, stayed, probated, deferred, or withheld.
(e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 16-5-21, relating to the crime of aggravated assault, and inserting in lieu thereof a new Code Section 165-21 to read as follows:
"16-5-21.
(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or
(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
(b) Except as provided in subsections (c), (d), (e), (f), (g), ami (h), and (i) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
(c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

1968

JOURNAL OF THE SENATE

(d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
(e)(l) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment.
(2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.
(h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(i) If the offense of aggravated assault is committed between past or present spouses or persons who are parents of the same child, then such offense shall constitute the offense of family violence aggravated assault. Any person who commits the offense of family violence aggravated assault shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years and shall be subject to a minimum mandatory period of imprisonment as follows:
(1) Upon a first conviction of family violence aggravated assault, the defendant shall receive a minimum sentence of imprisonment of ten days which shall not be suspended, stayed, probated, deferred, or withheld; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost;
(2) Upon a second conviction of family violence aggravated assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 60 days which shall not be suspended, stayed, probated, deferred, or withheld; and
(3) Upon a third or subsequent conviction of family violence aggravated assault against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of one year which shall not be suspended, stayed, probated, deferred, or withheld."

THURSDAY, MARCH 19, 1998

1969

SECTION 4.
Said article is further amended by striking in its entirety Code Section 16-5-23, relating to simple battery, and inserting in lieu thereof a new Code Section 16-5-23 to read as follows:
"16-5-23.
(a) A person commits the offense of simple battery when he or she either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.
(b) Except as otherwise provided in subsections (c), (d), and (e), and (f) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor.
(c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggra vated nature.
(d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(f) If the offense of simple battery is committed between past or present spouses or persons who are parents of the same child, then such offense shall constitute the offense of family violence simple battery, shall be punishable as for a misdemeanor of a high and aggravated nature, and shall be subject to a minimum mandatory period of imprisonment as follows:
(1) Upon a first conviction of family violence simple battery, the defendant shall receive a minimum sentence of imprisonment of five days which shall not be suspended, stayed, probated, deferred, or withheld; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost;
(2) Upon a second conviction of family violence simple battery against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 15 days which shall not be suspended, stayed, probated, deferred, or withheld; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; and
(3) For a third or subsequent conviction of family violence simple battery against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of 60 days which shall not be suspended, stayed, probated, deferred, or withheld.

1970

JOURNAL OF THE SENATE

In no event shall this subsection be applicable to corporal punishment administered by parent or guardian to child or administered by a person acting in loco parentis."
SECTION 5.
Said article is further amended by striking Code Section 16-5-23.1, relating to the crime of battery, and inserting in lieu thereof a new Code Section 16-5-23.1 to read as follows:
"16-5-23.1.
(a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
(b) As used in this Code section, the term 'visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
(c) Except as provided in subsections (d), (u), (f), and (g) (d) through (j) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.
(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or
(2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.
(e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.
(f) If the offense of battery is committed between past or present spouses; or persons who are parents of the same child, patents and children, sleppanjiith and hlepiliildieii,
luotei" ^cti cutstill LIluotei CliiUi'cii,0T uLlici ^jci OUIID liVlnguilui mci iy living 111 Llic
same liuubehuld, then such offense shall constitute the offense of family violence battery and shall be punished as follows:
(1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor of a high and aggravated nature and shall be subject to a minimum sentence of imprisonment of ten days which shall not be suspended, stayed, probated, deferred, or withheld?; provided, however, that, if the court finds that the person to be sentenced is gainfully employed and is a primary financial supporter for his or her family, the court may order that the full sentence be served on nights or weekends so that the employment is not lost; and
(2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be pun-

THURSDAY, MARCH 19, 1998

1971

ished by imprisonment for not less than one nor more than five years; provided, however, that the defendant shall be subject to a minimum sentence of imprisonment of 60 days for a second conviction and one year for a third or subsequent conviction which minimum periods of imprisonment shall not be suspended, stayed, probated, deferred, or withheld.
In no event shall this subsection if) be applicable to leasuiidblb corporal punishment administered by parent or guardian to child or administered by a person acting in loco parentis.
(g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both.
(j) Any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature."
SECTION 6.
Said article is further amended by striking in its entirety Code Section 16-5-24, relating to the crime of aggravated battery, and inserting in lieu thereof a new Code Section 165-24 to read as follows:
"16-5-24.
(a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
(b) Except as provided in subsections (c), (d), (e), (f), and (g), and (h) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.
(c) A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.
(d) Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(e)(l) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employ-

1972

JOURNAL OF THE SENATE

ees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment.
(2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.
(f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(h) If the offense of aggravated battery is committed between past or present spouses or persons who are parents of the same child, then such offense shall constitute the offense of family violence aggravated battery. Any person who commits the offense of family violence aggravated battery shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years and shall be subject to a minimum mandatory period of imprisonment as follows:
(1) Upon a first conviction of family violence aggravated battery, the defendant shall receive a minimum sentence of imprisonment of one year which shall not be suspended, stayed, probated, deferred, or withheld; and
(2) Upon a second or subsequent conviction of family violence aggravated battery against the same or another victim, the defendant shall receive a minimum sentence of imprisonment of five years which shall not be suspended, stayed, probated, deferred, or withheld."
SECTION 7.
In no event shall this Act be applicable to corporal punishment administered by parent or guardian or a person acting in loco parentis to a child.
SECTION 8.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate disagree to the House substitute to SB 510.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 510.
HB 1226. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th and others:
A bill to amend Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to wills, trusts, and estates, as such chapter and title were effective December 31, 1997, and Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions

THURSDAY, MARCH 19, 1998

1973

relative to wills, trusts, and estates, as such chapter and title were amended by an Act approved April 2, 1996.
The House amendment was as follows:
Amend the Senate substitute to HB 1226 by striking "To" from line 1 of page 1 and inserting in its place the following:
"To amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure relating to probate courts, so as to change the provisions relating to applications to judges of probate courts for the granting of orders; to change the provisions relating to notice and service; to change the provisions relating to statements in lieu of stating time of hearing in certain types of proceedings; to change the provisions relating to contents of orders; to change provisions relating to applicability; to".
By inserting "to change the provisions relating to vesting of title to property;" after the semicolon on line 14 of page 1 and by inserting "to change the provisions relating to authorized investments and the standard of care of a personal representative; to change the provisions relating to passage of title to property of an estate to heirs or beneficiaries;" after the semicolon on line 44 of page 2.
By redesignating Sections 1 through 5 as Sections 4 through 8, respectively.
By inserting between lines 12 and 13 of page 3 the following:
"SECTION 1.
Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure relating to probate courts, is amended by striking Code Section 15-9-86, relating to application to the judge of the probate court for the granting of any order, petition, and notice and service thereof, and inserting in its place the following:
'15-9-86.
Every application made to the judge of the probate court for the granting of any order shall be by petition in writing, stating the ground of such application and the order sought, if Unless otherwise provided by law, if notice of the application, other than by published citation, is necessary under the law or in the judgment of the judge of the probate court, the judge shall cause a copy of the application, together with a notice of the time of hearing, to be served by the sheriff or some lawful officer upon the each party ui paitibs tu be iiulified, who resides in this state and to be mailed by registered or certified mail to each party who resides outside this state at a known address, at least ten days, plus three days if mailed, before the hearing, an . An entry of such service shall be made on the original. In extraordinary cases, where it is necessary to act before such notice can be given, the judge of the probate court shall so direct the proceedings as to make no final order until notice has been given.'
SECTION 2.
Said article is further amended by striking Code Section 15-9-86.1, relating to statements in lieu of stating time of hearing in certain types of proceedings, and inserting in its place the following:
'15-9-86.1.
(a) In any of the proceedings specified in this Code section with respect to which no citation is required to be published, notice of an application to the judge of the probate

1974

JOURNAL OF THE SENATE

court for the granting of an order may, instead of stating the time of the hearing as provided in Code Section 15-9-86 and other specific laws, state that the party served must file with the court his or her response to the petition within ten days after the personal service of the notice upon him or her, or 13 days after mailing if served by mail, and that if no responses are filed the petition will be granted without a hearing.
(b) If the specific laws governing a particular proceeding subject to this Code section require that a citation be published, ui1 published and mailed, and alsu be smved peisunally upon une ui mine paitieb, such citation may, instead of stating the time of hearing, state that:
(1) Any any party who is not ordered to be served personally or by mail must file with the court his or her response to the petition on or prior to a date certain, which shall be a date for which a hearing could be set according to the laws governing the particular proceeding; ami.
\2) Ally pal dy wliu iS oci vcu pel suimll^ must Iile willi Llic uuuit ln icspunoc u_y llic
lcitt:i OTtlic uate ucitain coteibliolieu cio piuviucu ciuuvc ui Hielentil ii<ay aitci Hie
BCl" V1UC OT tllC 11U LlUC LA^JUll llllil.
(c) The citation or the caption of the citation shall identify all parties upon whom per= suiial service has been ordered whose names are known.
fc)-Failure of a party served as provided in subsection (a) or (b) of this Code section to file with the court his or her response to a petition within the time required for his or her response shall constitute a waiver of the right of such party to object to the petition and a waiver of any right of such party to receive notice of any further proceedings with respect to such petition.
(d) If no party serves a response to the petition, the judge of the probate court may grant the petition without a hearing. If a response is filed, the judge of the probate court shall set the matter for hearing and shall by regular first-class mail send a notice of the time of hearing to the petitioner and all parties who have served responses at the addresses given by them in their pleadings.
(e) The proceedings to which this Code section shall apply are:
(1) Proceedings for sale, lease, exchange, or encumbrance of a ward's property, as provided in Code Section 29-2-4 or 29-2-7;
(2) Proceedings for citation of a guardian for failure to make returns, as provided in Code Section 29-2-44;
(3) Proceedings involving waste or mismanagement by a guardian, as provided in Code Section 29-2-45;
(4) Proceedings for discharge of a surety on a guardian's bond, as provided in Code Section 29-2-52;
(5) Proceedings for resignation of trust by a guardian, as provided in Code Section 29-2-72;
(6) Proceedings for resignation by a guardian whose ward has removed to a different county, as provided in Code Section 29-2-73;
(7) Proceedings for settlement of accounts of a guardian, as provided in Code Section 29-2-76;
(8) Proceedings for appointment of a guardian of a minor, as provided in Code Section 29-4-10;

THURSDAY, MARCH 19, 1998

1975

(9) Proceedings for requiring a guardian to give additional bond, as provided in Code Section 29-4-14; (10) Proceedings for appointment of a guardian for a beneficiary of the United States Department of Veterans Affairs, as provided in Code Section 29-6-5;
\ J. 1~7 A I'Out^cu.j.iij^S lui pl'OIjeiLc in ouleiii.il luini, US prOViucu. 111 LJuuc k3t;Ctj.tOll &o~o~ J.*t j
(12) Jriuuecuiil^S lOi' probiltt; ui d HUiiCUpcitiV6 will, As proViufeu nr (Juut; oeCtiOii G3-o-
W;
(13X11) Proceedings for determination of heirs at law, as provided in Code Sections 53-4-30, et seq. of the "Pre-1998 Probate Code"; and fi4X12) Proceedings for setting aside year's support, as provided in Code Section 535-8; of the "Pre-1998 Probate Code." (15) FiumeJiiigs fin conveyance 01 eiicmjibiaiia; uf year's suppuit piupeily, as pm-
Vlutitr 111 vJOClc o^CLiiJil {jo~u~ii ij
(10) PiutbtiJiiigs fui giauling uf admiimUatiuu with the will annexed, as piuvidtid in (Jode otictnj.li u3-G-29,
\i) x~ i1OuccuJ.1i^S tO i'6C[llii'(3 iuuitlOii&.1 St;C LiiT.ty ul 3 COiUlty ^US.lTtti^.n, 3S pl'uvlueunii
Cudu Sectiun 03-0-99;
t iij) l^fOCeSttlii^S lot1 r'cllluvSl, Settlciliellti, ui" fl.CCOLlllting li|jOii t/llc jJ3,rt u.t fl.li fctCliliiUlSLi a.tui ) cAt?0uIAJX Ol1 ^Lj-tn'ClitAIi WllO liiiri r^liluV6Q IJTOlil tJI^ &LetLc, ECS ^Jl'O Viucil HI LJuuc
aectiuii 03-0-120, (19) Piucuediugs tu lequiie an admiiii&ti alur lu give bund ui secuiily, as piuvided in
Ouut; ocuLiOii ijo" * o Y,
(_<i(J/ il*OCefeCuill^S 1ii v 01VIii^ WfcusLti OT iillS111a.iicl^t;11itiii L by cm t:XcC utti1* Oi' 3.u.iliJ.IHSt/iLd."
(,<& J./ J: 1 OCcjOulii^S TOT 1 coi^iiciLiun OI LiUSL u^y JJ11 3.ClilliiiiSLi atOi OT cXcCiltOA', CS ^ji 0 ViCled 111 v-/0ue ofeCtujii uo~Y* 49,
VJiiili j 1 i OCcftCilii^B lOi ciOOuuiiLlii^ ciliu. oettlciiicllt urpOii Liife ^fcii^t OI a lT6iHOV6u. iulllliii!3 trfltor Ol* eXtiCLiLGl'j ECS prOViClcu ill Uuu^ ocCLlOll Uti~Y~-LD/ ,
Il^S IG-t' Clt&tiull OI cili 3.CliUliliStl1&tiUiL Ol* eA^CUtui" lOi* Ifllllll't; tO Hi elite i'i3
tuius, aa provided in Oude Secliuii 03-7-183; (24) Proceedings fui inteimediate filial accuuiiliag, as provided in Code aecliuii 03-7io4, -1 Q t anil-\ (25) riuceediiigb fui piivale bale of estate propeily, as provided m Code Secliuu 53-
Q o-oO41 . t
SECTION 3. Said article is further amended by striking Code Section 15-9-87, relating to contents of orders, and inserting in its place the following:
'15-9-87.
The order of the judge of the probate court or other documents in the record shall ah ways recite the names of the persons so notified and shall reflect compliance with the provisions required.'". By redesignating Sections 6 through 36 as Sections 10 through 40, respectively. By inserting between lines 37 and 38 of page 7 the following:

1976

JOURNAL OF THE SENATE

"SECTION 9.
Said title is further amended by striking subsection (b) of Code Section 53-2-7 of the 'Revised Probate Code of 1998,' relating to vesting of title to property and the right to possession, and inserting in its place the following:
'(b) If no administrator is appointed within five three years after the death of an intestate, the title to all property owned by the decedent, both real and personal, shall vest in the decedent's heirs and shall be deemed to have become vested in them as of the date of the decedent's death.'".
By redesignating Sections 37 through 42 as Sections 43 through 48, respectively.
By inserting between lines 9 and 10 of page 25 the following:
"SECTION 41.
Said title is further amended by striking subsection (c) of Code Section 53-8-1 of the 'Revised Probate Code of 1998,' relating to authorized investments, standard of care, deviation from the will or other disposition, and investments by a personal representative who is a bank or trust company, and inserting in its place the following:
'(c) Within the limitations of the standard provided in subsection (b) of this Code section and considering individual investments as a part of an overall administrative strategy, a personal representative is authorized to acquire and retain every kind of property whether real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion, and intelligence acquire or retain for their own account; and within the limitations of such standard, a.personal representative may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.'
SECTION 42.
Said title is further amended by striking subsection (a) of Code Section 53-8-15 of the 'Revised Probate Code of 1998,' relating to passage of title to heirs or beneficiaries and assent of the personal representative, and inserting in its place the following:
'(a) The title to all property of an estate being in the personal representative for the payment of debts and other purposes of administration, title to property in the estate does not pass to the heirs or beneficiaries until the personal representative assents thereto in evidence of the distribution of the property to them, except as otherwise provided in Code Section 53-2-7.'".
Senator Egan of the 40th moved that the Senate agree to the House amendment to HB 1226.
On the motion, a roll call was taken, and the vote was as follows:

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 Y Glanton Y Gochenour

Y Griffin Y Guhl Y Harbison Y Henson EX Hill Y Hooks Y Huggins Y James
Johnson,D Y Johnson.E

THURSDAY, MARCH 19, 1998

1977

Y Kemp

Y Price,R

Streat

Y Lamutt

Y Price,T

Y Tanksley

Y Land

Y Ragan

Y Taylor

Y Langford

Y Ralston

Y Thomas.D

Y Madden

Y Ray

Y Thomas,N

EX Marable

Y Roberts

Y Thompson

Y Middleton

Scott

Y Turner

Y Oliver

Y Starr

Y Tysinger

Perdue

Y Stokes

Walker

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to the Senate substitute HB 1226.

SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and Balfour of the 9th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for legislative findings and intent; to provide for definitions; to prohibit the Department of Medical Assistance and certain entities which contract with that department to provide health care services from establishing any process or mechanism that restricts a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration; to provide for the establishment of an electronic prospective drug utilization review program and a drug utilization review board; to provide for the functions of the drug utilization review board and program; to provide for access to prescription drugs subject to certain restrictions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by designating the current provisions of said article as Part 1 and inserting at the end thereof a new Part 2 to read as follows:
"Part 2
49-4-160.
The General Assembly finds that outpatient prescription drugs are a cost-effective component of total patient care. The General Assembly further finds that physicians should be able to care for their patients within the Medicaid system with prescription drugs unencumbered of restrictions that limit a patient's access to the prescription drugs as prescribed by the physician. Studies show that when prescription drugs are made readily available to a patient, the patient will utilize the health care system less. This means less visits to the doctor's office, hospital, emergency room, or nursing home. The Department of Medical Assistance, physicians, pharmacists, patients,

1978

JOURNAL OF THE SENATE

pharmaceutical manufacturers, and the General Assembly agree that quality medical care is dependent upon electronic prospective drug utilization review and drug education and that restrictions to prescription drugs serve as a barrier to this quality medical care. It is the intent of this part to establish medically based parameters and procedures within the Medicaid pharmacy program that will encourage appropriate prescribing behavior within the physician community. This shall be facilitated by the establishment of an electronic prospective utilization review program and a drug utilization education program. These programs are designed to ensure quality of care and the appropriate use of pharmaceutical therapy.
49-4-161.
(a) As used in this part, the term:
(1) 'Physician' means any person lawfully licensed to practice medicine pursuant to Chapter 34 of Title 43.
(2) 'Prescription drug' means any chemical entity that has been approved by the United States Food and Drug Administration.
(3) 'Restrict,' 'restricted,' 'restricting,' or 'restriction' means any administrative, regulatory, procedural, or operational process or any policy or guideline that affects a physician's ability to provide care under the Department of Medical Assistance.
(4) 'Review board' means the Drug Utilization Review Board established in subsection (b) of Code Section 49-4-162.
(b) Any term used in this part and defined in Code Section 49-4-141 shall have the meaning provided in Code Section 49-4-141.
49-4-162.
(a) The department shall not establish any process or mechanism that has the effect of restricting, by any formulary or any approval process, the access of a recipient of medical assistance to a prescription drug prescribed by such person's physician, except as provided in this part.
(b)(l) The department shall establish a Drug Utilization Review Board for the purpose of implementing the provisions of this part as well as any additional duties the commissioner deems advisable and appropriate.
(2) The review board shall be comprised of seven physicians, five pharmacists, and two members of the consuming public that have no connection with the health care or pharmaceutical industry. All members of the review board shall be appointed by the commissioner and shall serve at his or her pleasure.
(3) The review board shall establish and oversee the operations of an electronic prospective drug utilization program for the purpose of detecting unusual or aberrant patterns in the prescribing practices of physicians. Unusual or aberrant prescribing patterns shall be based upon explicit and predetermined criteria and standards that are developed by the review board. In the event the prospective drug utilization program detects an unusual or aberrant pattern of utilization of prescription drugs, it shall report its findings to the review board which shall undertake a review of the prescribing patterns in question.
(c) The department may restrict access to a prescription drug only in accordance with the following provisions:
(1) The review board shall review the prospective drug utilization program's findings which indicate an unusual or aberrant prescribing pattern. Following such re-

THURSDAY, MARCH 19, 1998

1979

view, the review board may recommend that the prescription drug be subject to restriction if it finds each of the following:
(A) That the prescription drug in question is subject to clinical abuse, misuse, or inappropriate medical use; and
(B) That restriction of the prescription drug will not impede the quality of care of recipients of medical assistance;
(2) Upon a recommendation of the review board that the prescription drug in question should be subject to restriction, the department shall notify the manufacturer of the prescription drug of such recommendation. Such notice shall inform the manufacturer of the results of the review board's clinical findings and any pertinent evidence from the utilization program's analyses that demonstrates prescribing patterns indicative of abuse, misuse, or inappropriate medical use. Within 60 days of receipt of such notice, the manufacturer shall present to the department a plan as to how it will educate the physicians and pharmacists of the state on the appropriate use of the prescription drug recommended for restriction. Such education plan shall be implemented within 90 days of the manufacturer's receipt of notice provided pursuant to this paragraph;
(3) After the education plan implemented under paragraph (2) of this subsection has been in effect for three months, the utilization program shall examine utilization rates for the prescription drug recommended for restriction and report its finding to the review board for further review. The review board shall review those findings and only if it finds that such drug remains subject to clinical abuse, misuse, or inappropriate medical use and finds that continued restriction of such drug will not impede the quality of care of recipients of medical assistance may the department restrict access to such drug; otherwise, the review board's recommendation of restriction shall be withdrawn; and
(4) Any prescription drug restricted by the department shall be considered for nonrestriction six months after it has been placed on restriction.
(d) The department shall not restrict any prescription drug for the purpose of preventing acceptable medical use of such drug for appropriate off label indications.
(e) No recipient of medical assistance may be denied access to a prescription drug if it is demonstrated that such drug is medically necessary for the recipient.
(f) No prescription drug shall be restricted upon its initial approval by the United States Food and Drug Administration, nor shall it be recommended for restriction prior to its being available in the marketplace for at least six months.
(g) Nothing in this part shall be deemed to prevent the department from limiting to five the number of prescriptions per month for a recipient of medical assistance who is 21 years of age or older or limiting to six the number of prescriptions per month for a recipient of medical assistance who is less than 21 years of age. The department shall not use the provisions of this subsection to restrict access of a recipient of medical assistance to any drug upon a showing that access to a number of prescriptions greater than the number provided for in this subsection is medically necessary.
49-4-163.
No provision of this part shall prohibit the Department of Medical Assistance from restricting the use of prescription drugs that are considered federally exempted agents.

1980

JOURNAL OF THE SENATE

49-4-164.
Any entity which contracts with the department to provide to recipients of medical assistance any health care services which include prescription drugs may not establish any process or mechanism that has the effect of restricting, by any formulary or any approval process, the access of a recipient of medical assistance to a prescription drug prescribed by such person's physician unless such access is restricted by the department as provided in this part."
SECTION 2.
This Act shall become effective on October 1, 1998.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thomas of the 10th moved that the Senate agree to the House substitute to SB 139 as amended by the following amendment:

Amend the House substitute to SB 139 by inserting on line 16 on page 1 immediately following the word and symbol "date;" the following:
"to provide for automatic repeal;"
By striking line 24 on page 5 and inserting in lieu thereof the following:
"provided in this part; provided, however, that this Code section shall not apply to licensed hospitals or their subsidiaries in the provision of health care services to recipients of medical assistance.' "
By inserting at the end of line 26 on page 5 the following:
"This Act shall be automatically repealed on December 31, 1999."
Senator Glanton of the 34th moved that the Senate agree to the House substitute to SB 139 as amended by the following amendment:

Amend the House substitute (LC 11 9539S) to SB 139 by striking the quotation marks on line 24 of page 5 and inserting between lines 24 and 25 of page 5 the following:
"49-4-165.

Notwithstanding any other provisions of this article, no funds of the state or any political subdivision thereof may be expended for medical assistance for the purpose of prescribing or distributing any substance which will induce spontaneous abortion, including 'emergency contraception,' without written parental consent.'"
Senator Clay of the 37th moved that the Senate agree to the House substitute to SB 139 as amended by the following amendment:
Amend the House substitute to SB 139 by striking line 24 on page 5 and inserting in lieu thereof the following:
provided in this part; however, that this Code Section shall not apply to licensed hospitals or their subsidiaries or managed care organizations in the provision of health care services to recipients of medical assistance.
On the motion by Senator Thomas of the 10th, a roll call was taken, and the vote was as follows:

Y Abernathy Balfour

Blitch N Boshears

Y Bowen Y Broun, 46th

THURSDAY, MARCH 19, 1998

1981

Y Brown, 26th Y Brush N Burton EX Cagle Y Cheeks N Clay N Crotts Y Dean N Egan Y Fort Y Gillis N Glanton N Gochenour
Griffin Guhl Harbison Henson

Y Hill Y Hooks Y Huggins Y James Y Johnson,D N Johnson,E Y Kemp N Lamutt N Land N Langford N Madden EX Marable
Middleton Y Oliver
Perdue N Price,R Y Price,T

Y Ragan Ralston
N Ray N Roberts
Scott Starr Stokes Streat Tanksley Taylor Y Thomas,D Y Thomas,N N Thompson Y Turner Y Tysinger Y Walker

On the motion, the yeas were 30, nays 17; the motion prevailed, and the Senate agreed to the House substitute to SB 139 as amended by the Thomas of the 10th, et al. amendment.

The amendment offered by Senators Glanton of the 34th and Gochenour of the 27th, and the amendment offered by Senators Clay of the 37th and Gochenour of the 27th were moot.

HB 1086. By Representatives Henson of the 65th, Orrock of the 56th, Trense of the 44th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide legislative findings and declarations relative to osteoporosis occurrence, prevention, detection, and treatment; to provide for patient education relative to osteoporosis prevention and treatment; to provide for certain required insurance coverage.
Senator Price of the 56th moved that the Senate insist on its amendment to HB 1086.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1086.
The following bill of the House was taken up to consider the Conference Committee report thereto:
HB 1250. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999.
The Conference Committee report was as follows:
The Committee of Conference on HB 1250 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1250 be adopted.
Respectfully submitted,

1982

JOURNAL OF THE SENATE

FOR THE SENATE: /s/ George Hooks
Senator, 14th District /s/ Charles W. Walker
Senator, 22nd District /s/ George "Sonny" Perdue
Senator, 18th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Terry L. Coleman Representative, 142nd District /s/ Larry Walker Representative, 141st District /s/ William J. (Bill) Lee Representative, 94th District

CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 1250: A BILL

To be entitled an act to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $11,849,775,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1999.
PARTI.
LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts - Staff Per Diem, Fees and Contracts - Elected Officials Photography Expense Reimbursement Account Total Funds Budgeted State Funds Budgeted

$ 27,801,978

$ 15,008,147

$ 4,064,823

$ 2,647,935

$ 107,000

$

7,000

$

0

$ 519,200

$ 218,000

$ 835,450

$

5,000

$ 652,500

$ 85,422

$ 2,418,701

$ 100,000 $ 1,132,800 $ 27,801,978 $ 27,801,978

THURSDAY, MARCH 19, 1998

1983

Senate Functional Budgets
Senate and Research Office Lt. Governor's Office
Secretary of the Senate's Office Total House Functional Budgets
House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office Total Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds $ 4,457,828 $ 812,851
$ 1,227,745 $ 6,498,424
Total Funds $ 10,865,572 $ 480,796 $ 1,437,706 $ 12,784,074
Total Funds
$ 2,953,333 $ 2,183,000 $ 1,083,184 $ 1,913,477 $ 386,486 $ 8,519,480

State Funds fc 4,457,828 I 812,851
$ 1,227,745 6,498,424
State Funds I 10,865,572 $ 480,796 1,437,706 $ 12,784,074
State Funds 2,953,333 $ 2,183,000 $ 1,083,184 $ 1,913,477 $ 386,486 $ 8,519,480

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the

1984

JOURNAL OF THE SENATE

expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Total Funds Budgeted State Funds Budgeted

$ 23,148,583 $ 19,639,785 $ 723,274 $ 597,740 $ 315,374 $ 17,500 $ 962,662 $ 53,800 $ 646,910 $ 191,538 $ 23,148,583 $ 23,148,583

PART II

JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network Total Funds Budgeted State Funds Budgeted Judicial Branch Functional Budgets
Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

$ 99,738,650

$ 13,477,801

$ 82,643,300

$ 3,022,726

$ 1,576,573

$

40,500

$ 500,000

$

741,000

$ 102,001,900

$ 99,738,650

Total Funds

$ 7,053,392

$ 8,501,549

$ 39,596,382

$ 31,488,821

$ 1,279,908

$ 832,114

$ 5,260,769

$

166,759

$ 4,749,709

$ 2,775,106

$

297,391

$ 102,001,900

State Funds

$ 6,244,683

$ 8,451,549

$ 39,522,382

$ 30,264,550

$ 1,279,908

$ 832,114

$ 5,181,499

$

166,759

$ 4,749,709

$ 2,775,106

$

270,391

$ 99,738,650

THURSDAY, MARCH 19, 1998

1985

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Rents and Maintenance Expense Utilities Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for
Capital Outlay Direct Payments to Georgia Building Authority for
Operations Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Statewide Business Services General Support Services Information Technology State Properties Commission Office of the Treasury State Office of Administrative Hearings Total B. Budget Unit: Georgia Building Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 41,586,669

$ 59,000,393

$ 12,758,190

$ 499,767

$ 794,834

$ 1,533,408

$ 1,313,978

$ 3,569,350

$ 377,031

$ 1,296,952

$ 9,628,892

$

0

$

0

Total Funds 10,474,342 7,696,794 31,935,600 117,715,952 666,886 1,554,571 4,267,392 174,311,537

669,118 61,155,300
733,484 20,039,840
550,000 35,000 48,500 75,000 232,500 174,311,537 41,586,669
State Funds 2,973,278 4,270,610 232,500 29,237,246 666,886 212,926 3,993,223 41,586,669 0
21,629,551 15,551,099
117,000 200,000 196,800 268,100

1986

JOURNAL OF THE SENATE

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Contractual Expense
Facilities Renovations and Repairs Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Facilities Program Operations Security Sales Van Pool Total
Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro,
Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Payments to Georgia Agrirama Development
Authority for Operations Payments to Georgia Development Authority Renovation, Construction, Repairs and Maintenance
Projects at Major and Minor Markets Capital Outlay

Total Funds 13,601,402 2,268,723 11,581,408 6,529,238 4,276,672 383,148 38,640,591

15,071 232,970 430,000
0 0 0
0 38,640,591
0
State Funds 0 0 0 0 0 0 0

$ 38,510,459 $ 32,626,520 $ 4,307,615 $ 1,110,000 $ 302,000 $ 440,136 $ 667,341 $ 814,475 $ 412,585 $ 1,159,741 $ 983,240
$ 3,099,872

2,904,000 275,000 35,000 175,000
772,167 0
150,000 0

THURSDAY, MARCH 19, 1998

1987

Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total B. Budget Unit: Georgia Agrirama Development Authority Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Goods for Resale Total Funds Budgeted State Funds Budgeted
Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance 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
Section 7. Department of Community Affairs.

Total Funds 8,893,293 16,271,009 5,876,918 6,754,382 3,735,723 8,128,189 615,178
50,274,692

40,000
50,274,692 38,510,459
State Funds 8,112,293 13,138,874 2,201,918 6,567,382 3,606,023 4,883,969 0
38,510,459
0 954,151 196,667
4,000 0
5,560 9,500
0 7,500 69,500 200,867 120,000 1,567,745
0

$ 9,846,715

$ 7,997,201

$ 448,929

$ 403,199

$

112,380

$

136,122

$ 277,396

$

385,053

$

73,000

$

13,435

$ 9,846,715

$ 9,846,715

1988

JOURNAL OF THE SENATE

Budget Unit: Department of Community Affairs Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Capitol Felony Expenses Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment Community Development Block Grants Federal Payment to Georgia Environmental Facilities Authority Home Program ARC-Revolving Loan Fund Local Development Fund Payments to Music Hall of Fame Authority Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants Local Government Efficiency Grant Program State Commission on National and Community Service EZ/EC Administration EZ/EC Grants Regional Assistance Program Administrative Cost Allocation Contracts for Homeless Assistance Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Executive Division Research and Information Division Planning and Management Division Business and Financial Assistance Division Housing and Finance Division Accounting, Audits and Administration Division Rental Assistance Division

$ 29,847,327

$ 7,742,601

$

413,364

$

270,850

$

0

$

61,368

$

646,430

$ 1,490,712

$

316,124

$

151,110

$

0

$ 1,959,945

$

854,250

$

133,355

$ 30,000,000

$ 2,391,383

$ 2,717,047

$

0

$ 650,000

$ 757,051

$ 3,281,250

$ 770,187

$ 5,225,000

$

0

$ 329,179

$

189,073

$

0

$ 1,187,500

$

0

$ 1,250,000

$ 62,787,779

$ 29,847,327

Total Funds 1,593,920 6,172,074 0
38,601,442 0
16,420,343

State Funds

$ 1,593,920

$ 5,997,546

$

0

$ 7,527,885

$

0

$ 14,727,976

0$

0

THURSDAY, MARCH 19, 1998

1989

Total
Section 8. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases Payments to MAG for Health Care Certification University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund Total Funds Budgeted Indirect DOAS Funding Georgia Correctional Industries State Funds Budgeted Departmental Functional Budgets
Executive Operations Administration Human Resources Field Probation Facilities Total B. Budget Unit: Board of Pardons and Paroles Personal Services Regular Operating Expenses

$ 62,787,779 $ 29,847,327

$ 747,758,766

$ 526,392,481

$ 63,384,589

$ 2,470,494

$ 2,065,738

$ 3,858,790

$ 5,497,266

$ 6,002,776

$ 6,855,910

$ 16,986,310

$

0

$ 23,106,948

$ 1,200,000

$ 20,188,333

$ 6,550,695

$

0

$ 1,093,624

$ 3,959,700

$ 1,556,055

$ 577,160

$ 1,458,972

$ 73,497,764

$

66,620

Total Funds 15,928,970 65,884,964 13,293,432 62,614,773 610,308,330 768,030,469

366,244 894,000 768,030,469 450,000
0 747,758,766
State Funds 15,571,970 63,659,445 13,293,432 62,134,773
593,099,146 747,758,766 46,794,963
36,587,988 1,654,700

1990

JOURNAL OF THE SENATE

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Health Services Purchases Total Funds Budgeted State Funds Budgeted
Section 9. Department of Defense. Budget Unit: Department of Defense 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
Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total
Section 10. State Board of Education Department of Education. A. Budget Unit: Department of Education Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1-3 Grades 4 - 8

Total Funds 1,733,377 5,710,336 14,512,619
21,956,332

565,000 272,500 194,425 591,200 2,785,000 965,000 2,293,650 860,500
25,000 46,794,963 46,794,963
5,532,547 11,468,131 9,767,628
42,375 0
12,000 58,625 24,400 68,973 514,200
0 21,956,332
5,532,547
State Funds 1,518,377 633,290 3,380,880 5,532,547

$4,707,669,948

$ 37,302,424

$ 5,040,029

$ 993,098

$

20,000

$

134,114

$ 9,848,573

$ 1,341,182

$ 1,221,054

$ 48,211,639

$

793,952

$

0

$1,172,174,614 $ 987,512,204

THURSDAY, MARCH 19, 1998
Grades 9 - 12 High School Laboratories Vocational Education Laboratories Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Fair Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants In School Suspension Special Instructional Assistance Middle School Incentive Special Education Low - Incidence Grants Limited English-Speaking Students Program Non-QBE Grants: Education of Children of Low-Income Families Retirement (H.B. 272 and H.B. 1321) Instructional Services for the Handicapped Tuition for the Multi-Handicapped Severely Emotionally Disturbed School Lunch (Federal) School Lunch (State) State and Local Education Improvement Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification Regional Education Service Agencies Georgia Learning Resources System High School Program Special Education in State Institutions Governor's Scholarships Counselors Vocational Research and Curriculum Even Start PSAT Student Record Child Care Lunch Program (Federal) Chapter II - Block Grant Flow Through Payment of Federal Funds to Board of Technical and Adult Education

1991

$ 410,106,751 $ 199,517,094 $ 140,115,200 $ 496,109,697 $ 87,917,703 $ 107,842,382 $ 35,306,586

$ 126,497,757

$ 769,988,915

$ 147,308,728

$ (806,939,271)

$

0

$

0

$ 204,279,413 $ 3,158,000 $ 30,151,010 $ 103,079,409 $ 91,646,817 $ 620,134 $ 18,109,709

$ 143,999,894
$ 6,008,750 $ 54,732,103 $ 2,300,000 $ 47,221,626 $ 188,375,722 $ 33,769,043 $ 4,552,565 $ 1,491,147

10,496,210 3,615,550 23,742,972 3,884,639 3,500,000 12,205,002
293,520 2,390,824
756,500 981,050 29,829,742 9,663,513 14,395,919

1992

JOURNAL OF THE SENATE

Education of Homeless Children/Youth Innovative Programs Next Generation School Grants Drug Free School (Federal) At Risk Summer School Program Emergency Immigrant Education Program Title II Math/Science Grant (Federal) Robert C. Byrd Scholarship (Federal) Health Insurance - Non-Cert. Personnel and Retired Teachers Pre-School Handicapped Program Mentor Teachers Advanced Placement Exams Serve America Program Youth Apprenticeship Grants Remedial Summer School Alternative Programs Joint Evening Programs Environmental Science Grants Pay for Performance Mentoring Program Charter Schools Technology Specialist Migrant Education Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets
State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total B. Budget Unit: Lottery for Education Pre-Kindergarten - Grants Pre-Kindergarten - Personal Service Pre-Kindergarten - Operations Applied Technology Labs Financial and Management Equipment Alternative Programs Educational Technology Centers

$

601,772

$ 1,690,215

$

500,000

$ 11,625,943

$ 4,632,785

$ 1,227,493

$ 5,042,895

$

273,723

$ 99,047,892

$ 18,613,363

$ 1,250,000

$ 1,608,000

$ 382,597

$ 4,340,000

$ 1,689,931

$ 12,924,311

$ 267,333

$

100,000

$ 7,000,000

$ 500,000

$

45,000

$ 15,401,836

$ 274,395

$5,216,654,692

$

340,000

$4,707,669,948

Total Funds $ 9,179,917 $ 40,460,169 $ 1,067,960 $ 6,092,581 $ 6,578,518 $ 21,168,034 $ 978,566 $5,112,098,627 $ 5,656,118 $ 4,747,659 $ 5,525,035 $ 3,101,508 $5,216,654,692

State Funds

$ 7,717,223

$ 35,480,646

$ 990,371

$ 6,092,581

$

467,894

$ 19,762,995

$ 978,566

$4,620,218,829

$ 5,295,437

$ 4,508,563

$ 5,044,293

$ 1,112,550

$4,707,669,948

$ 261,382,689

$ 210,788,979

$ 1,992,303

$ 5,047,677

$ 3,300,000

$ 9,006,730

$

0

$

660,000

THURSDAY, MARCH 19, 1998

1993

Distant Learning - Satellite Dishes Technology Specialist Capital Outlay Post Secondary Options Learning Logic Sites Assistive Technology Computers in the Classroom Total Funds Budgeted Lottery Funds Budgeted
Section 11. Employees' Retirement System. Budget Unit: Employees' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Benefits to Retirees Total Funds Budgeted State Funds Budgeted
Section 12. Forestry Commission. Budget Unit: Forestry Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Ware County Grant Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Reforestation Field Services General Administration and Support Total

Total Funds 2,057,502 34,189,387 4,402,989 40,649,878

0 0 0 1,800,000 0 2,000,000 26,787,000 261,382,689 261,382,689
673,425
2,042,086 230,100 18,000 0 1,450 556,432 327,900 44,001
1,363,105 673,425
5,256,499 673,425
35,504,900 29,062,867
5,753,394 162,613
1,421,975 1,649,581
274,000 21,420 1,160,555 813,221
0 28,500
60,000 241,752 40,649,878 35,504,900
State Funds 28,901
31,241,165 4,234,834 35,504,900

1994

JOURNAL OF THE SENATE

Section 13. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Evidence Purchased Capital Outlay Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Administration Investigative Georgia Crime Information Center Forensic Sciences Total
Section 14. Office of the Governor. A. Budget Unit: Office of the Governor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Stipends and Travel Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol

Total Funds 4,364,733 25,749,032 8,583,438 12,602,724 51,299,927

$ 51,299,927

$ 40,207,128

$ 5,224,001

$ 439,879

$

294,000

$ 580,490

$ 600,000

$ 380,645

$ 1,014,739

$ 2,075,045

$ 484,000

$

0

$ 51,299,927

$ 51,299,927

State Funds $ 4,364,733 $ 25,749,032 $ 8,583,438 $ 12,602,724 $ 51,299,927

$ 40,003,433

$ 15,911,368

$ 1,019,049

$ 220,590

$

0

$

63,161

$

709,970

$ 991,557

$ 449,586

$ 3,443,485

$ 3,279,146

$

40,000

$ 3,225,000

$

148,913

$ 4,000,000

$

241,500

$

175,000

$

0

$

262,605

$ 1,915,800

$

100,000

$

684,400

$ 1,085,968

$

0

$

57,000

THURSDAY, MARCH 19, 1998

1995

Transition Fund Flood - Contingency Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Georgia Information Technology Policy Council Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency
Governor's Commission for the Privatization of Government Services
Total
Section 15. Department of Human Resources. Budget Unit: Department of Human Resources 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage Payments to DMA-Community Care Grants to County DFACS - Operations Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets
Commissioner's Office

Total Funds 16,743,059 1,052,229 7,697,274 5,257,819 3,406,398 663,695 1,388,062 2,745,967 308,849 3,858,351 4,952,395 0
$ 48,074,098
Total Funds $ 1,421,468

50,000 10,000,000 48,074,098 40,003,433
State Funds 16,743,059 796,693 7,697,274 4,639,681 3,287,398 663,695
307,193 583,967 308,849 3,858,351 1,117,273

$

0

$ 40,003,433

$1,218,033,349

67,488,416 2,456,144 1,560,637 1,573,678 102,863 4,637,716 10,859,405 12,095,660 716,189 0
46,486,389 49,998,569
89,214 918,452 21,876,790
0 220,860,122
412,600 134,693,013
State Funds $ 1,421,468

1996

JOURNAL OF THE SENATE

Office of Planning and Budget Services Office of Adoption Children's Community Based Initiative Troubled Children's Placements Technology and Support Facilities Management Regulatory Services - Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Personnel Administration Indirect Cost Policy and Government Services Aging Services State Health Planning Agency DD Council Total 2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Postage Medical Benefits Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets
District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children Nutrition

4,170,713 1,249,555 8,472,499 46,486,389 41,359,249 5,330,656
602,306

$ 4,170,713 $ 1,249,555 $ 8,097,499 $ 33,335,726 $ 25,496,664 $ 4,076,660 $ 592,306

3,140,314 10,953,582 6,615,038 8,388,981 1,935,542 7,388,129
0 1,215,406 68,617,928 1,828,646 1,683,721 220,860,122

$ 3,140,314

$ 5,263,301

$ 2,392,807

$ 6,563,966

$ 1,935,542

$ 7,388,129

$ (11,636,273)

$ 1,215,406

$ 38,211,420

$ 1,728,646

$

49,164

$ 134,693,013

$ 50,942,955

$ 75,444,513

$ 866,522

$

0

$ 195,367

$ 1,283,987

$ 4,922,410

$ 1,701,281

$ 1,126,683

$ 317,732

$ 16,608,164

$ 142,697,804

$

34,500

$ 101,757

$ 5,222,222

$ 301,465,897

$ 549,718

$ 164,346,427

Total Funds 13,117,584 1,631,528 1,728,838 2,351,684 4,787,502 5,264,416 3,167,667 11,163,022 83,800,428

State Funds

$ 12,987,909

$ 1,416,697

$ 1,406,663

$ 1,239,072

$ 4,013,683

$ 5,152,416

$ 1,106,142

$ 5,986,680

$

0

THURSDAY, MARCH 19, 1998

1997

Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Injury Control Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Health Management AIDS Vaccines Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect Cost Total 3. Rehabilitation Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Case Services Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction Utilities Postage Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted Departmental Functional Budgets

72,167,335 13,474,396 3,305,069 1,515,067 1,273,264 1,575,468 6,067,622
864,706 1,012,956 2,629,740
386,683 583,309 5,272,040 1,365,533 939,926 297,825 2,094,207 2,602,433 2,250,700 6,630,687 233,858 10,292,800 7,343,045 3,397,000 13,329,694 181,710 13,366,155
0 301,465,897

$ 71,013,563

$ 6,698,089

$ 1,956,356

$ 1,407,845

$ 1,014,403

$

0

$ 4,569,621

$ 684,646

$ 525,737

$ 1,148,007

$ 386,683

$ 583,309

$ 5,272,040

$ 1,108,349

$ 788,788

$ 297,825

$ 1,839,110

$ 2,379,615

$ 1,738,827

$ 6,360,687

$ 233,858

$ 5,919,290

$

0

$ 2,640,380

$ 2,906,090

$ 164,213

$ 11,025,451

$ (1,625,617)

$ 164,346,427

$ 83,440,459

$ 11,588,954

$ 1,499,267

$

50,582

$ 751,574

$ 3,881,138

$ 8,649,739

$ 2,412,235

$ 2,074,859

$ 29,830,191

$ 735,245

$ 11,883,883

$ 255,000

$ 859,650

$ 759,287

$ 158,672,063

$ 100,000

$ 25,495,072

Total Funds

State Funds

1998

JOURNAL OF THE SENATE

Vocational Rehabilitation Services Independent Living Employability 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 Postage 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 County DFACS Operations - Social Services Food Stamp Issuance

62,855,275 768,949 539,118
10,444,480 4,009,274
744,540 39,680,090 12,664,236 26,966,101 158,672,063

$ 12,945,069

$ 333,969

$ 539,118

$ 3,585,422

$ 1,106,509

$ 744,540

$

0

$ 911,649

$ 5,328,796

$ 25,495,072

$ 47,881,101

$ 4,841,303

$ 1,139,360

$

0

$ 443,950

$ 3,745,843

$ 27,123,649

$ 29,150,922

$ 9,335,184

$ 3,992,945

$ 281,422,326

$ 6,867,433

$ 258,134,622

$ 37,898,114

$ 2,037,559

$ 323,770,423

$1,037,784,734

$ 2,565,582

$ 375,816,484

Total Funds 514,375
4,523,426 3,339,327 4,071,950 11,124,372 1,119,466 2,675,432 30,112,185 1,540,886 73,315,425 271,131,764 1,122,012 2,799,420 7,223,130 121,788,835 100,085,304 3,190,752

State Funds

$ 514,375

$ 3,907,635

$ 3,060,024

$ 4,071,950

$ 843,999

$ 1,119,466

$ 1,669,641

$ 12,372,748

$ 1,540,886

$ 12,275,078

$ 53,247,444

$ 1,122,012

$

0

$

0

$ 60,005,156

$ 37,793,327

$

0

THURSDAY, MARCH 19, 1998

1999

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 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 Services Community Substance Abuse Services State Administration Regional Administration Total
Budget Unit Object Classes: Personal Services

$ 8,649,308 $ 2,530,614

$ 70,464,267 $ 34,586,456

$ 22,782,709 $ 8,507,737

$ 44,257,515 $ 4,290,503 $ 36,785,262 $ 15,713,415 $ 5,146,142 $ 27,399,709 $ 11,544,785 $ 143,320,622 $ 3,759,491 $ 3,992,945

$

0

$1,037,784,734

$ 15,861,742 $ 2,520,990 $ 23,915,275 $ 11,340,907 $ 4,298,815 $ 18,022,533 $ 9,718,081 $ 53,486,937 $ 3,695,259 $ 3,992,945
$ (10,205,548) $ 375,816,484

$ 304,475,444

$ 53,045,721

$

200,000

$ 10,539,760

$ 1,962,161

$ 328,334,947

$ 698,558,033

$ 2,092,200

$ 517,682,353

Total Funds $ 41,138,767 $ 8,634,512 $ 18,690,453 $ 25,997,810 $ 30,564,246 $ 127,373,473 $ 19,318,584 $ 54,890,076 $ 20,116,613 $ 3,975,087 $ 1,016,285 $ 164,455,157 $ 97,735,013 $ 68,988,684 $ 10,642,477 $ 5,020,796 $ 698,558,033

State Funds $ 25,820,829 $ 8,301,981 $ 16,803,561 $ 17,158,542 $ 22,995,361 $ 84,629,232 $ 17,687,763 $ 28,697,966 $ 17,330,374 $ 3,056,433 $ 955,131 $ 158,524,026 $ 66,562,534 $ 37,391,004 $ 7,280,758 $ 4,486,858 $ 517,682,353

$ 554,228,375

2000

JOURNAL OF THE SENATE

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Operating Expenses 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 Major Maintenance and Construction 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 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

94,330,914 5,065,786 1,824,260 1,493,754 13,548,684 51,555,203 45,360,098 13,252,915 53,045,721 328,334,947 29,830,191 3,992,945 281,422,326 7,920,410 304,621,011 116,388,730 142,697,804 2,340,875 11,399,410 3,817,055 21,876,790 323,770,423 5,222,222

Total Funds 8,498,286 4,758,214

23,006,380 11,467,355
1,211,199 514,715 16,200 107,067 459,480 886,245 400,700
1,606,630 250,600
6,036,189 0 0
50,000 0
23,006,380 23,006,380
State Funds 8,498,286 4,758,214

THURSDAY, MARCH 19, 1998

2001

Trade Tourism Georgia Legacy Strategic Planning and Research 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 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 Capital Outlay Juvenile Justice Reserve Total Funds Budgeted State Funds Budgeted

1,804,467 4,702,608 1,079,593 2,163,212 23,006,380

$ 1,804,467 $ 4,702,608 $ 1,079,593 $ 2,163,212 $ 23,006,380

Total Funds 4,210,382 6,095,406 620,037 5,511,356 804,677 17,241,858

$ 15,781,902

$ 14,486,323

$

689,017

$

446,000

$

122,500

$

46,879

$

160,778

$

816,991

$

328,712

$

144,658

$

0

$ 17,241,858

$ 15,781,902

State Funds

$ 4,210,382

$ 6,095,406

$

620,037

$ 4,051,400

$ 804,677

$ 15,781,902

$ 216,076,209

$ 128,073,876

$ 12,793,940

$ 1,271,830

$ 227,500

$ 724,074

$ 653,602

$ 1,898,885

$ 1,233,181

$ 9,583,783

$ 3,602,520

$ 652,485

$

0

$ 18,689,285

$ 31,944,393

$

25,000

$ 10,870,000

$ 222,244,354

$ 216,076,209

2002

JOURNAL OF THE SENATE

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 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

Total Funds 45,986,776 18,015,022 12,494,080 7,750,463 6,360,363 16,483,849 28,493,835 13,023,462 22,003,753 400,299 1,149,330 22,605,781
150,000 1,855,246
551,455 4,072,311 20,848,329 222,244,354

State Funds 44,492,118 17,351,510 11,987,650 7,500,479 6,072,804 15,815,759 27,663,660 12,663,462 21,944,349 400,299 1,149,330 21,647,448
150,000 1,855,246
551,455 3,982,311 20,848,329 216,076,209
11,001,054 76,535,323 6,870,433
1,330,000 0
464,000 3,198,000 2,017,900 1,465,339 54,500,000 5,179,867
0 1,774,079
0 153,334,941
11,001,054
13,837,210 13,068,257
816,949 199,322
0 21,000 305,201 826,548 145,924 16,160,000

THURSDAY, MARCH 19, 1998

2003

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 System 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 State Funds Budgeted C. Budget Unit: PeachCare for Kids Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts PeachCare Benefits Total Funds Budgeted State Funds Budgeted

147,000 31,690,201 13,837,210

Total Funds $ 1,573,214 $3,342,690,227 $ 47,034,411 $ 2,815,542 $ 9,085,656 $ 4,153,165 $ 9,102,495 $ 6,946,719 $ 52,772,104 $3,476,173,533

$1,216,599,921

$ 20,289,881

$ 5,595,000

$ 312,930

$

165,000

$

359,000

$ 40,361,600

$

892,880

$ 566,600

$ 64,167,915

$3,342,690,227

$

772,500

$3,476,173,533

$1,216,599,921

State Funds

$ 751,702

$1,186,356,112

$ 13,202,377

$ 1,146,719

$ 3,447,149

$ 1,652,689

$ 4,551,248

$ 2,991,924

$ 2,500,001

$1,216,599,921

$ 148,828,880

$ 8,200,000

$ 364,183,084

$ 372,383,084

$ 148,828,880

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

2004

JOURNAL OF THE SENATE

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 Federal Funds 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 Children's Health Insurance Program 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 Wildlife Management Area Land Acquisition

Total Funds $ 2,432,889 $ 5,342,646 $1,192,245,699 $ 3,918,875 $ 49,534,274 $1,253,474,383

$ 12,190,678

$ 10,176,959

$ 1,998,626

$ 122,000

$

50,495

$ 975,630

$ 309,569,587

$ 3,813,928

$ 387,915

$ 926,379,243

$1,253,474,383

$ 32,284,616

$ 6,198,005

$ 10,239,210

$1,192,213,501

$ 348,373

$ 12,190,678

State Funds

$

0

$

0

$

0

$

0

$ 12,190,678

$ 12,190,678

$ 99,735,359

$ 77,269,779

$ 14,119,875

$ 623,961

$ 1,805,910

$ 2,584,309

$ 2,444,702

$ 6,712,829

$ 836,964

$ 1,282,872

$

0

$ 675,000

$ 1,304,556

$ 978,810 $ 3,088,000 $ 213,750 $ 722,330

THURSDAY, MARCH 19, 1998

2005

Shop Stock - Parks User Fee 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 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 Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

350,000 1,300,000
26,250 0
500,000
800,000 161,000
0 0
0 0 170,047
208,272
300,000 0
31,000 7,895,077 6,132,574

2,094,071 100,000
134,731,938 891,069

$ 2,663,931

$

0

$ 1,429,219

$ 200,000 $ 99,735,359

Total Funds 7,040,902 4,025,846 2,807,878 37,575,909 2,441,126 36,195,409
43,704,531 940,337
134,731,938

State Funds

$ 7,025,902

$ 4,025,846

$ 2,317,878

$ 18,466,022

$ 1,946,408

$ 31,093,618

$ 33,919,348

$

940,337

$ 99,735,359

2006

JOURNAL OF THE SENATE

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 Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay

Total Funds $ 5,892,155

0 2,920,177 2,046,978
25,000 0
95,000 40,000
0 70,000 695,000
0 5,892,155
0

State Funds

$

0

$ 104,480,478

63,329,195 7,801,357 104,095 4,311,500 288,190 3,147,710 28,962 1,944,147 1,132,000 145,100
0 0 82,232,256 1,650,000 80,582,256
19,190,478 1,112,113
61,941 0
62,343 9,000
47,262 273,300 69,000
0

THURSDAY, MARCH 19, 1998

2007

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. Budget Unit: Public School Employees' Retirement
System Payments to Employees' Retirement System Employer Contributions

Total Funds 21,763,287 23,898,222 60,468,969 106,130,478

303,651 34,900
2,734,234 23,898,222
0 23,898,222
State Funds 20,263,287 23,898,222 60,318,969 104,480,478

$ 14,532,486

$ 8,293,835

$ 2,587,526

$

94,010

$

64,220

$ 393,546

$

148,442

$

156,997

$

196,037

$ 488,533

$ 2,425,200

$ 3,603,386

$

0

$ 18,451,732

$ 14,532,486

Total Funds 3,118,086 1,503,787

State Funds

$

348,840

$ 1,503,787

1,161,166 $ 1,071,166

1,149,978 $ 1,039,978

456,885 $

456,885

11,061,830 $ 10,111,830 18,451,732 $ 14,532,486

$ 17,642,000

$

575,000

$ 17,067,000

2008

JOURNAL OF THE SENATE

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 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

Total Funds 2,267,720 4,186,195 4,950,054 11,403,969

17,642,000 17,642,000
8,567,799 8,057,274
630,486 278,106 283,500
71,526 369,786 330,108 168,202 1,214,981 11,403,969 8,567,799
State Funds 2,267,720 1,580,886 4,719,193 8,567,799

$1,338,763,639

$1,403,682,989 $ 204,900,000

$ 346,984,934

$ 146,225,000

$ 28,970,581

$ 990,354

$

361,267

$ 954,461

$ 4,235,000

$ 2,096,360

$2,139,400,946

$ 42,000,000

$ 351,125,000

$ 404,472,807

$ 3,039,500

$1,338,763,639

$ 189,362,465

$ 291,150,732 $ 70,533,799

THURSDAY, MARCH 19, 1998

2009

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
Pediatric Residency Capitation Contracts 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 Advanced Technology Development Center/
Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital

$ 129,325,874

$ 42,274,927

$

0

$ 2,632,448

15,755,891 4,312,000
1,974,000 176,400
7,660,000 7,394,890
0 2,799,505 4,827,775 1,463,578
600,000 200,000 1,276,071
179,214

$ 16,064,395

$ 480,000

$ 601,081,499

$

0

$ 118,179,756

$ 292,995,778

$ 543,500

$ 189,362,465

Total Funds $ 2,366,695 $ 5,000,596 $ 1,631,699 $ 107,971,457
$ 16,055,687 $ 71,517,153 $ 57,279,749 $ 269,692,152
$ 3,174,529 $ 5,205,161

State Funds 1,515,836 1,731,075 1,066,845 9,299,364
7,692,033 41,988,004 33,544,349 34,591,288
3,174,529 545,004

2010

JOURNAL OF THE SENATE

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 General Programming Distance Learning Programming 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
Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit

27,037,441 3,511,664 3,484,976 27,152,540 601,081,499

27,037,441 0
131,006 27,045,691 189,362,465

$

0

$ 10,334,700

$ 8,550,469

$ 3,889,958

$ 6,702,234

$ 29,477,361

$ 29,477,361

$

0

$ 26,685,000

$ 15,000,000

$ 2,000,000

$ 2,219,000 $ 7,466,000 $ 26,685,000 $ 26,685,000

Total Funds 12,988,473 10,953,876 10,723,053 16,916,970 8,257,787

96,148,513 63,734,438 5,268,072
1,162,429 207,300 311,242
9,726,030 2,927,364 2,708,870 1,244,600 3,422,795
0 2,404,350 3,506,810 4,902,668 101,526,968 3,845,000 96,148,513
State Funds 12,988,473 10,803,876 9,707,853 16,776,970 7,957,787

THURSDAY, MARCH 19, 1998

2011

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 - Corporations Business Services - Securities 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 Budgeted State Funds Budgeted Departmental Functional Budgets
Real Estate Commission

17,690,512 8,449,621 4,752,350 4,011,535
20,000 4,351,652 2,411,139 101,526,968

16,390,512 8,449,621 3,018,895 3,911,535
20,000 3,711,852 2,411,139 96,148,513

Total Funds 4,307,572 5,035,638 2,610,676 2,017,587 4,348,582 1,247,851 388,710 10,083,898 213,849 30,254,363
State Funds $ 2,272,618

29,209,363 18,289,606 3,162,202
243,800 105,650 110,182 3,005,634 2,420,255 810,380 1,509,154 597,500 30,254,363 29,209,363
State Funds 4,277,572 4,960,638 1,890,676 1,967,587 4,328,582 1,247,851 388,710 9,933,898 213,849 29,209,363 2,272,618 1,383,094 156,400 15,000 29,000 7,639 316,400 170,085 62,000 133,000 2,272,618 2,272,618
Cost of Operations $ 2,312,618

2012

JOURNAL OF THE SENATE

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 North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Work Incentive for Students Total Funds Budgeted State Funds Budgeted Departmental Functional Budgets
Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total B. Budget Unit: Lottery for Education

$ 2,194,317

$ 1,345,344

$ 245,178

$

41,650

$

27,464

$

13,188

$

13,800

$ 118,648

$

26,788

$ 432,157

$ 121,500

$ 2,385,717

$ 2,194,317

Total Funds $ 32,700,626
777,944 33,478,570

$ 33,478,570

$ 534,451

$

22,680

$

18,000

$

0

$

7,500

$

38,822

$

46,000

$

18,691

$

91,800

$

0

$ 4,510,455

$ 25,749,053

$ 500,000

$

86,000

$ 337,500

$

68,500

$ 100,000

$ 808,368

$

0

$ 540,750

$ 33,478,570

$ 33,478,570

State Funds $ 32,700,626

777,944 33,478,570 217,547,965

THURSDAY, MARCH 19, 1998
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 Employee Benefits 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 Librarians Public Library Materials Talking Book Centers Public Library Maintenance and Operation Capital Outlay Personal Services-Institutions Operating Expenses-Institutions

2013
109,842,893 29,294,427 24,657,442 15,626,661 31,735,698
800,844 215,000 3,500,000 1,125,000 750,000 217,547,965 217,547,965
3,800,000 5,478,833
356,100 20,500 0 5,700
858,717 527,355 154,665 299,300
0 3,550,000
250,000 11,501,170 3,800,000
246,623,996 6,421,733 596,890 161,380 0 187,271 738,746 594,575 992,182 146,786 15,833,471 5,972,145 1,075,353 7,947,385 0
187,270,512 51,614,409

2014

JOURNAL OF THE SENATE

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 Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations 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

Total Funds $ 9,839,563 $ 307,790,225 $ 317,629,788

6,333,029 19,592,382 3,662,613 8,488,926 317,629,788 246,623,996
State Funds 6,755,913
239,868,083 246,623,996
24,384,346

$

0

$

0

$ 18,384,346 $ 6,000,000

$ 24,384,346 $ 24,384,346

Total Funds $ 905,511,135 $ 245,787,351 $ 15,359,379 $ 32,000,472 $1,198,658,337

$ 564,751,771

$ 262,742,052 $ 62,239,702 $ 2,024,000 $ 2,000,000 $ 7,127,070 $ 11,905,646 $ 1,333,768 $ 3,269,333 $ 60,248,553 $ 790,077,596 $ 2,241,866 $ 8,514,737

$

710,855

$ 341,250

$1,214,776,428 $ 564,751,771

State Funds $ 277,620,458 $ 233,363,366 $ 14,799,379 $ 31,216,797 $ 557,000,000

THURSDAY, MARCH 19, 1998

2015

General Funds Budget Planning and Construction Maintenance and Betterments 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 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 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

0 0 2,376,115 13,031,121 710,855 16,118,091

0 0 1,915,369 5,125,547 710,855 7,751,771

$ 19,770,431

$ 5,183,283

$

195,723

$

92,245

$

0

$

173,265

$

27,100

$

250,711

$

66,850

$ 14,339,340

$ 7,393,118

Total Funds 20,668,017 7,449,118 28,117,135

$

395,500

$ 28,117,135

$ 19,770,431

State Funds $ 14,859,705 $ 4,910,726 $ 19,770,431

$ 11,504,420

$ 9,248,337

$ 440,737

$ 127,000

$

0

$

59,520

$ 297,057

$ 1,168,148

$ 184,121

$ 169,500

$

0

$ 11,694,420

$ 11,504,420

2016

JOURNAL OF THE SENATE

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)

$ 329,910,630 $ 35,000,000 $ 364,910,630

$ 47,140,080

$

0

$ 47,140,080

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,

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.

THURSDAY, MARCH 19, 1998

2017

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1998 of all vehicles purchased or newly leased during Fiscal Year 1998.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

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 Atlanta
City of Warner Robins Wilkes County Lowndes County
Tombs County
Crawford County Board of Education Habersham County
City of Homerville

Purpose Operation of the School of Library and Information Services Graduate Program Clark Atlanta University Operation of the Aviation Museum

Amount $75,000
$90,000

Wilkes County Airport Development Improvements to historic Lowndes County courthouse Purchase an automated electronic sign for Southeastern Vocational Tech Major repair improvements to Crawford County High School Purchase of a bookmobile for the Northeast Regional Public Library Purchase of land

$86,250 $50,000
$40,000

$375,000

$

100,000

$

38,000

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 $1,960.77. 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

2018

JOURNAL OF THE SENATE

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 11,

Employees' Retirement System.

Funds are provided in this appropriation act for H.B. 661, H.B. 944, H.B. 1096, H.B. 1103 and S.B. 326.

Section 43.

Provisions Relative to Section 15,

Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235 356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to transfer funds 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 44.

Provisions Relative to Section 21,

Department of Medical Assistance.

There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

THURSDAY, MARCH 19, 1998

2019

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 October 1, 1998 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reimbursement methodology.

It is the intent of the General Assembly that the Department of Medical Assistance develop an accuity based payment system for nursing homes.

Provided, that dispensing fees for pharmacy provider's shall be increased five percent effective July 1, 1998.

Section 45.

Provisions Relative to Section 22,

Merit System of Personnel Administration.

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1999 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 1999 shall not exceed 8.66%.

Section 46.

Provisions Relative to Section 23,

Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

Section 47.

Provisions Relative to Section 32,

Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.95% for S.F.Y. 1999.

Funds are provided in this appropriation act for H.B. 203, H.B. 943, H.B. 1081 and H.B.1096S.

Section 48.

Provisions Relative to Section 33,

Department of Technical and Adult Education.

To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institutions.

Section 49

Provisions Relative to Section 34,

Department of Transportation.

For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to ex-

2020

JOURNAL OF THE SENATE

ceed 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 50.
In addition to all other appropriations for the State fiscal year ending June 30, 1999, 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 Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/ mental retardation institutions ($8,521,072) 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 51.

THURSDAY, MARCH 19, 1998

2021

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 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 52.
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 53.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 54.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 55.
In accordance with the requirements of Article K, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such defi-

2022

JOURNAL OF THE SENATE

ciency in full and the lease payment constitutes a first charge on all such appropriations.
Section 56.
(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 57.
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 58.
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 unavaila-

THURSDAY, MARCH 19, 1998

2023

ble 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 59.

Provisions Relative to Section 37,

State of Georgia General Obligation Debt Sinking Fund.

With regard to the appropriations in Section 37 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:

From the appropriation designated "State General Funds (New)", $6,284,735 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $70,615,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)", $17,304,270 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $194,430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)", $3,265,470 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)", $1,100,930 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)", $58,295 is specifically appropriated for the purpose of financing the Georgia Agricultural Exposition Center projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

2024

JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)", $91,260 is specifically appropriated for the purpose of financing projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $390,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $131,275 is specifically appropriated for the purpose of financing projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,475,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $341,315 is specifically appropriated for the purpose of financing the George L. Smith II Georgia World Congress Center Authority projects and facilities for the Department of Industry Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,835,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $142,400 is specifically appropriated for the purpose of financing projects and facilities for the Forestry Commission, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $5,874,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $66,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $461,020 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,180,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

THURSDAY, MARCH 19, 1998

2025

From the appropriation designated "State General Funds (New)", $230,490 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $985,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $2,305,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $310,050 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $149,760 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $640,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $115,255 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,295,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $623,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

2026

JOURNAL OF THE SENATE

From the appropriation designated "State General Funds (New)", $1,458,990 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,235,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $2,597,020 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $29,180,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $102,350 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $284,800 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $144,625 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,625,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $234,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

THURSDAY, MARCH 19, 1998

2027

From the appropriation designated "State General Funds (New)", $890,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $445,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $507,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $356,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $650,520 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $2,780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $289,250 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $213,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, ex-

2028

JOURNAL OF THE SENATE

tension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)", $178,000 is specifically appropriated for the Department of Technical and Adult Education to provide public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 60.

Salary Adjustments.

The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) To provide a general salary adjustment of 0% to 7% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998 (proposed salary adjustments are in conformance with the Georgia Gain pay for performance system). 2.) To provide a general salary adjustment of 4% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998 (proposed salary adjustments are contingent on an employee's receiving at least "satisfactory" or "meets expectations" on their annual performance appraisal). 3.) To provide for a cost of living adjustment of 4% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 4.) To provide for a 6% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1998. 5.) To provide for a 4% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1998. 6.) In lieu of item 1 above, to provide for a 6% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1998. 7.) In lieu of item 1 above, to provide a 6% funding level for merit increases for Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1998. 8.) In addition to the general salary adjustment in item 1 above, to provide a 5% salary supplement for Peace Officer Standards Training certified personnel in the Juvenile Correctional Officer job class series within the Department of Juvenile Justice with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 9.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for certain administrative law judges and support personnel in the Office of State Administrative Hearings with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 10.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Georgia Bureau of Investigation special agents and scientists with the amount of the appropriation for this purpose determined according to and effective date of October 1, 1998. 11.) In

THUESDAY, MARCH 19, 1998

2029

addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for certain support staff within the Public Service Commission with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 12.) In addition to the general salary adjustment in item 1 above, to provide a 3.5% funding level for supplemental salary adjustments for certain positions within the Department of Law with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998. 13.) In addition to the general salary adjustment in item 1 above, to provide a supplemental salary adjustment for employees successfully completing the primary accounting series of courses offered through the State Financial Management Certificate Program with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1998.

Section 61. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1999

$12,528,603,880

Section 62. This Act shall become effective upon its approval by the Governor or upon its be-
coming law without his approval.
Section 63. All laws and parts of laws in conflict with this Act are repealed.
Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on HB 1250.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

N 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

N Burton

Y Johnson,D

Y Stokes

Y Cagle

Y Johnson.E

Y Streat

Y Cheeks

Y Kemp

N Tanksley

N Clay

N 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

N Glanton

Y Oliver

Y Walker

N Gochenour

Y Perdue

On the motion, the yeas were 49, nays 7; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1250.

Pursuant to a motion adopted March 18, the President announced the appointment of the Senate conferees on the following resolution of the Senate:

2030

JOURNAL OF THE SENATE

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.
The President appointed as a Conference Committee the following: Senators Thompson of the 33rd, Johnson of the 1st and Hill of the 4th.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1253. By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Program.
The Speaker has appointed on the part of the House, Representatives James of the 140th, Hudson of the 156th and Reaves of the 178th.
The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1202. By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualifying fees, so as to provide that for certain offices, the qualifying fee shall be based on the minimum salary mandated by general law.
The Speaker has appointed on the part of the House, Representatives McBee of the 88th, Holmes of the 53rd and Hudson of the 120th.
The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1393. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.
The Speaker has appointed on the part of the House, Representatives Channell of the lllth, Rogers of the 20th and Lane of the 146th.

THURSDAY, MARCH 19, 1998

2031

The Speaker has ruled the Senate amendment not germane, therefore the House has disagreed to the Senate amendment to the following bill of the House:
HB 1378. By Representatives Ehrhart of the 36th, Campbell of the 42nd, Wiles of the 34th and others:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, so as to provide for legal sufficiency of implied consent notices for certain purposes in certain cases.
The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1430. By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th and others:
A bill 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 registration and license requirements and penalties; to change certain provisions relating to transfer of license plates and revalidation decals.
The Speaker has appointed on the part of the House, Representatives Powell of the 23rd, Parham of the 122nd and Roberts of the 162nd.
The House adheres to its position in disagreeing to the Senate substitute and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties.
The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Irvin of the 45th and Ragas of the 64th.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and others:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit.
The Speaker has appointed on the part of the House, Representatives Breedlove of the 85th, Royal of the 164th and Barnes of the 33rd.
The following bills were taken up to consider House action thereto:

2032

JOURNAL OP THE SENATE

HB 274, By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.
Senator Walker of the 22nd moved that the Senate recede from its substitute to HB 274.
On the motion, 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

Hill

Ray

Y Broun, 46th

Y Hooks

Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Starr

Y Burton

Y Johnson,D

Y Stokes

Y Cagle

Y Johnson.E

Y Streat

Y Cheeks

Y Kemp

Tanksley

Y Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

Langford

Thomas,N

Y Egan

Y Madden

Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Y Walker

Y Gochenour

Perdue

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate re-

ceded from its substitute to HB 274.

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 House substitute was as follows:

A BILL
To be entitled an Act to amend Code Section 46-2-25.3 of the Official Code of Georgia Annotated, relating to toll-free calls within 22 miles of an exchange, so as to authorize the Public Service Commission to obtain certain information relating to the determination of revenues which would be lost due to implementation of a 22 mile toll-free expanded calling area; to authorize the Public Service Commission to obtain certain information relating to net gains which result from implementation of a 22 mile toll-free expanded calling area; to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, "The Telecommunications and Competition Development Act of

THURSDAY, MARCH 19, 1998

2033

1995," so as to require a customer's written authorization before a telecommunications 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 changed services be stated in a separate and distinct manner; to provide for exceptions; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 46-2-25.3 of the Official Code of Georgia Annotated, relating to toll-free calls within 22 miles of an exchange, is amended by striking in its entirety paragraph (1) of subsection (c) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(c)(l) For each telephone company which has elected to have its rates, terms, and conditions for services determined pursuant to the alternative regulation provided for in Article 4 of Chapter 5 of this title, the commission shall determine for each local exchange company the increase in rates for basic local exchange services necessary to recover fully all revenues which would be lost if a 22 mile toll-free expanded calling area were implemented in that local exchange. Notwithstanding any provision of this title to the contrary, where the rate of increase determined pursuant to this paragraph exceeds $2.00 or 25 percent of the basic service rate then in effect, the commission shall have the authority to require such local exchange company to file information which is reasonably necessary to determine the amount of all revenues which would be lost if a 22 mile toll-free expanded calling area were implemented in the local exchange and shall have access to the books and records of such local exchange company as may be necessary to determine the amount of such revenues."
SECTION 2.
Said Code section is further amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(l) As used in this subsection, the term 'net gain' means the net revenue impact from the implementation less costs incurred as a result of the implementation of a 22 mile toll-free calling area, and the term 'telecommunications company' shall have the same meaning as provided in paragraph (17) of Code Section 46-5-162.
(2) The commission shall adopt and implement a methodology to provide that any net gain which a telecommunications company experiences as a result of implementing this Code section be passed on to its end user customers.
(3) Notwithstanding any provision of this title to the contrary, the commission shall have the authority to require any telecommunications company whose rate of increase, as determined pursuant to paragraph (1) of subsection (b) or (c) of this Code section, exceeds $2.00 or 25 percent of the basic service rate then in effect to file information which is reasonably necessary to determine the amount of any net gain experienced by such telecommunications company and to assure that such net gain is passed on to its end user customers. In addition, and notwithstanding any provision of this title to the contrary, the commission shall have access to the books and records of such telecommunications company as may be necessary to determine the amount of such net gain and assure that such net gain is passed on to its end user customers."

2034

JOURNAL OF THE SENATE

SECTION 3.
Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, "The Telecommunications and Competition Development Act of 1995," is amended by adding a new Code section, to be designated as Code Section 46-5-171.1, to read as follows:
"46-5-171.1.
(a) Except as provided in subsection (b) of this Code section, no telecommunications company shall charge a customer for any service which is provided to the customer by a third party until it has received the customer's written authorization for such charges. When a customer 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 changed services must state the charges for such services in a clear, conspicuous, separate, and distinct manner so as to ensure that the customer is aware of the new or changed charges.
(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; requests for a change in a customer's provider of local exchange service or a change in a customer's primary interexchange inter-LATA or intra-LATA carrier; interexchange inter-LATA or intra-LATA services provided via an access code or calling card; or operator services."
SECTION 4.
Section 3 of this Act shall become effective on July 1, 1998, and shall apply to services which are initiated or changed after that date. All other provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Walker of the 22nd moved that the Senate disagree to the House substitute to SB 522.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 522.
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 for definitions; to encourage the location of state facilities in historic districts and the utilization of historic properties; to provide for legislative intent.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding historic areas, so as to provide for preservation of state owned historic properties; to provide for definitions; to encourage the location of state facilities in historic districts and the utilization

THURSDAY, MARCH 19, 1998

2035

of historic properties; to provide for legislative intent; to provide for duties and responsibilities of state agencies with respect to such properties; to provide for powers, duties, and authority of the Department of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources; to provide for requirements and procedures with respect to the foregoing; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding historic areas, is amended by adding four new Code sections at the end thereof, to be designated Code Sections 12-3-55, 12-3-56, 12-357, and 12-3-58, to read as follows:
"12-3-55.
(a) As used in this Code section, the term:
(1) 'Director' means the director of the Division of Historic Preservation of the department.
(2) 'Division' means the Division of Historic Preservation of the department.
(b) The heads of all state agencies shall assume responsibility for the preservation of historic properties which are owned by such agency. Prior to acquiring, constructing, or leasing buildings for purposes of carrying out agency responsibilities, each state agency shall use, to the maximum extent, and as operationally appropriate and economically feasible, historic properties available to the agency.
(c) The provisions of this Code section shall be implemented as follows:
(1) Each agency shall commence by not later than December 31, 1998, consistent with the preservation of such properties and the mission of the agency and professional preservation standards established by the division and in consultation with the division and with the 1998 Joint Study Committee on Historic Preservation, a study of planning processes which may be required for any preservation as may be necessary to effectuate this Code section;
(2) Not later than February 15, 1999, each state agency to which this Code section will become applicable shall prepare cost estimates for the implementation of this Code section which shall include, but not be limited to, agency implementation costs and personnel utilizations. An annually updated report of such cost estimates shall be presented to the Appropriations Committee of the House of Representatives and the Appropriations Committee of the Senate during the 1999 and 2000 regular sessions of the General Assembly;
(3) Not later than May 1, 1999, each state agency shall formally adopt a process for developing a preservation program;
(4) Not later than July 1, 1999, each state agency shall commence formulation of a preservation program; and
(5) Not later than July 1, 2000, each state agency shall establish and implement, in consultation with the division, a preservation program for the identification, evaluation, and nomination of historic properties to the Georgia Register of Historic Places to further the protection of such historic properties.
(d) Each agency preservation program shall ensure that:

2036

JOURNAL OF THE SENATE

(1) Historic properties under the jurisdiction of the agency are identified, evaluated, and nominated to the Georgia Register of Historic Places;
(2) Historic properties under the jurisdiction of the agency, as they are listed in or may be eligible for the Georgia Register of Historic Places, are managed and maintained in a way that considers the preservation of their historic, archaeological, architectural and cultural values in compliance with historic preservation provisions of this part and gives special consideration to the preservation of such values in the case of properties designated as having historic significance to this state;
(3) The agency's preservation related activities are carried out in consultation with other federal, state, and local agencies, Native American tribes, and the private sector; and
(4) The agency's procedures for compliance with historic preservation provisions of this part:
(A) Are consistent with procedures issued by the Environmental Protection Division of the department pursuant to Chapter 16 of this title, the 'Environmental Policy Act,' as amended;
(B) Provide a process for the identification and evaluation of historic properties for listing in the Georgia Register of Historic Places and the development and implementation of agreements in consultation with the director, local governments, Native American tribes, and the interested public, as appropriate, regarding the means by such adverse effects on such properties will be considered; and
(C) Provide for the disposition of Native American cultural items from state or tribal land in a manner consistent with Section 3(c) of the Native American Graves Protection and Repatriation Act, 25 U.S.C. 3002(c), as amended.
(e) Each state agency shall initiate measures to assure that where, as a result of state action or assistance carried out by a state agency, a historic property is to be substantially altered or demolished, timely steps are taken to make or have made appropriate records, and that such records are then deposited with the division for future use and reference.
(f) The head of each state agency shall designate a qualified official to be known as the agency's 'preservation officer' who shall be responsible for coordinating that agency's activities under this Code section. Each preservation officer may, in order to be considered qualified, satisfactorily complete training programs established by the division.
(g) Consistent with the agency's mission and mandates, all state agencies shall carry out agency programs and projects in accordance with the purposes of this Code section and give consideration to programs and projects which will further the purposes of this Code section.
(h) The director shall review and comment on plans of transferees of surplus state owned historic properties not later than 90 days after such director's receipt of such plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced.
(i) Prior to the approval of any state undertaking which may directly and adversely affect any national historic landmark, the head of the responsible state agency shall, to the maximum extent possible, undertake such planning and actions as may be necessary to minimize harm to such landmark and shall afford the director an opportunity to comment on the undertaking.

THURSDAY, MARCH 19, 1998

2037

(j) The director shall establish an annual preservation awards program and provide citations for special achievement to officers and employees of state agencies in recognition of their outstanding contributions to the preservation of historic resources. Such program may include the issuance of annual awards by the Governor to any citizen of the state recommended for such an award by the director.
(k) The director shall promulgate regulations under which the requirements of this Code section may be waived in whole or in part in the event of a major natural disaster or an imminent threat to the national security.
(1) Each state agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the requirements of this part, has intentionally and significantly adversely affected a historic property to which the grant would relate or, having legal power to prevent it, allowed such significant adverse effect to occur unless the agency determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. Each agency shall consult with the director and shall allow comment on the proposed action.
(m) With respect to any undertaking subject to review under this part which adversely affects any property included or eligible for inclusion in the Georgia Register of Historic Places, the head of such agency shall document any decision made pursuant to this part. The head of such agency may not delegate his or her responsibilities pursuant to this part. Where a memorandum of agreement under this part has been executed with respect to an undertaking, such memorandum shall govern the undertaking and all of its parts.
(n) In actions where the Georgia Department of Transportation is complying with and working under the provisions of Chapter 16 of this title, the 'Environmental Policy Act,' as amended, for state-aid actions and the National Environmental Policy Act of 1969, 16 U.S.C. 4321-4347, as amended, and Section 106 of the National Historic Preservation Act of 1966, 16 U.S.C. 470, as amended, for federal-aid actions, the Georgia Department of Transportation shall be exempt from the requirements of this Code section.
12-3-56.
(a) As used in this Code section, the term 'division' means the Division of Historic Preservation of the department.
(b) The General Assembly recognizes that the State of Georgia has undertaken various efforts to revitalize the central business districts and in-town areas of municipalities in this state which have historically served as the centers for growth, commerce, and government in our metropolitan areas. Accordingly, the General Assembly reaffirms the commitment to strengthen those municipalities by encouraging the location of state facilities in central business districts. The General Assembly also reaffirms the commitment to provide leadership in the preservation of historic resources and to acquire and utilize space in suitable buildings of historic, architectural, or cultural significance. To this end, the state agencies shall utilize and maintain, wherever operationally appropriate and economically prudent, historic properties and districts, especially those located in central business areas. When implementing these policies, state agencies shall institute practices and procedures that are sensible, understandable, and compatible with current authority and that impose the least burden on, and provide the maximum benefit to, society.

2038

JOURNAL OF THE SENATE

(c) Whenever operationally appropriate and economically prudent, when locating state facilities, state agencies shall give first consideration to historic properties within historic districts. If no such property is suitable, then state agencies shall consider other developed or undeveloped sites within historic districts. State agencies shall then consider historic properties outside of historic districts, if no suitable site within a district exists. Any rehabilitation or construction that is undertaken pursuant to this order must be architecturally compatible with the character of the surrounding historic district or properties. County, city, and other local governmental agencies are also encouraged to conform to this subsection.
(d) State agencies with responsibilities for leasing, acquiring, locating, maintaining, or managing state facilities or with responsibilities for the planning for, or managing of, historic resources shall take steps to reform, streamline, and otherwise minimize regulation, policies, and procedures that impede the state government's ability to establish or maintain a presence in historic districts or to acquire historic properties to satisfy state space needs, unless such regulations, policies, and procedures are designed to protect human health and safety or the environment. State agencies are encouraged to seek the assistance of the division when taking these steps.
(e) In implementation of this part, the division and each state agency shall seek appropriate partnerships with local governments, Indian tribes, and appropriate private organizations with the goal of enhancing participation of these parties in the state historic preservation program. Such partnerships should embody the principles of administrative flexibility, reduced paperwork, and increased service to the public.
(f) This Code section is not intended to create, nor does it create, any right or benefit, substantive or procedural, enforceable at law by a party against the State of Georgia, its agencies or instrumentalities, its officers or employees, or any other person. 12-3-57.
(a) As used in this Code section, the term:
(1) 'Director' means the director of the Division of Historic Preservation of the department.
(2) 'Division' means the Division of Historic Preservation of the department.
(3) 'Local jurisdiction' means any county or municipality in this state and any duly authorized agency or instrumentality of a county or municipality.
(4) 'Museum' means a facility in this state which is organized on a nonprofit basis for essentially educational or preservation purposes and which:
(A) Owns or utilizes tangible inanimate objects of historical or cultural significance;
(B) Is organized for the care of those objects and exhibits them to the public on a regular schedule; and
(C) Interprets the state's cultural heritage or the state's history, natural history, or history of science and technology.
(5) 'Nonprofit organization' means a corporation, foundation, local jurisdiction, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity.
(6) 'Program' means the historical and cultural museum assistance program established under subsection (e) of this Code section.
(b)(l) It is found and declared by the General Assembly that:

THURSDAY, MARCH 19, 1998

2039

(A) Historical and cultural heritage museums present, interpret, and preserve unusual and significant objects of this state's heritage for the benefit, enjoyment, and education of the citizens from every community in the state;
(B) Historical and cultural heritage museums are unique and beneficial resources which supplement the state's educational system;
(C) These museums are the repositories and caretakers of irreplaceable cultural items for the benefit not only of today's generation, but of those yet to come;
(D) Museums, many of which are located in small communities, play an important and cost-effective role in the leisure time and tourism industry of this state; and
(E) It is desirable that the entire history and heritage of the state be displayed and interpreted to the public where this happened, creating centers of community pride and dispersing tourist activity throughout the state.
(2) The General Assembly declares that the public interest is served by the establishment of a program of financial and technical assistance to help historical and cultural heritage museums become more accessible to the citizens and visitors of this state and to assist the citizenry in better understanding its diverse cultural heritage by supporting the upgrade, care, research, interpretation, documentation, and display of the state's irreplaceable historical and cultural museum collections.
(c) Pending appropriation of funding to conduct such, there is established an historical and cultural museum assistance program in the division to provide assistance to local jurisdictions and private nonprofit organizations for museums.
(d) The department shall:
(1) Manage, supervise, and administer the program; and
(2) Coordinate the program with federal, state, or private programs that complement or facilitate carrying out the program.
(e)(l) The purpose of the program is to make grants to local jurisdictions and nonprofit organizations for use by museums for:
(A) Research related to collections, exhibits, or other educational activities;
(B) The care, conservation, interpretation, and documentation of collections;
(C) The planning, design, and construction of exhibits;
(D) Educational programs and projects;
(E) The development of master plans for museums, including activities required to achieve accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation;
(F) The construction of minor structural modifications to existing museum facilities; and
(G) The development of plans and specifications and the provision of architectural, engineering, or other special services directly related to the construction or rehabilitation of museum facilities.
(2) Grants may not be made:
(A) For routine administrative overhead expenses; or
(B) To museums operated, in whole or in part, by this state.
(3) In any fiscal year, the commissioner may allocate up to 20 percent of the total moneys appropriated for the program to be held in reserve for unanticipated

2040

JOURNAL OF THE SENATE

projects that are eligible for assistance in accordance with paragraph (2) of subsection (d) of this Code section.
(4) The department shall make grants to museums giving due consideration to equal geographic distribution throughout the state.
(5) A grant may not exceed $10,000.00 to any single museum in any one year.
(6) The department may not make a grant to a museum under this program unless the museum has been in existence as a nonprofit institution for at least five years prior to the date of application for the grant.
(f) The department shall:
(1) Conduct a survey to identify the locations, resources, and needs of museums in this state;
(2) Provide technical and general advisory assistance to museums that qualify or seek to qualify for grants under the program; and
(3) Encourage the development of long-range planning and accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation and assists museums in meeting professional standards.
(g)(l) The department shall carry out the purposes of the program under provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended.
(2) The filing by the department with the Secretary of State under the provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended, shall include:
(A) Application procedures and review processes;
(B) Procedures for adequate public notice of available assistance under the program; and
(C) A set of selection criteria which the division shall consider in recommending approval of applications for grants and which must include:
(i) The relative merits of the project or activities within identified state-wide needs;
(ii) The extent to which there is any contribution by the appropriate local jurisdiction to support the project being financed by the grant;
(iii) The potential for the project to stimulate increased tourism, attendance, or museum self-sufficiency; and
(iv) Other factors that may be relevant, such as the geographic distribution of grant assistance under the program. 12-3-58.
(a) As used in this Code section, the term:
(1) 'Director' means the director of the Division of Historic Preservation of the department.
(2) 'Division' means the Division of Historic Preservation of the department.
(3) 'Grant fund' means the historic preservation grant fund created under subsection (b) of this Code section.
(4) 'Grant program' means the historic preservation grant program created under subsection (b) of this Code section.

THURSDAY, MARCH 19, 1998

2041

(5) 'Historic property' means a district, site, building, structure, monument, or object significant in prehistory, history, upland and underwater archaeology, architecture, engineering, or culture of this state, including artifacts, records, and remains related to a district, site, structure, or object.
(6) 'Local jurisdiction' means any county or municipality in this state and any duly authorized agency or instrumentality of a county or municipality.
(7) 'Nonprofit organization' means a corporation, foundation, governmental entity, or other legal entity, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in such entity.
(8) 'Preservation' means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a historic property.
(b) Pending appropriation of funding for such, there is created a historic preservation grant program to be administered by the division. The purpose of the grant program is to implement and encourage the preservation of historic properties as well as to promote interest in and study of such matters.
(c) The division shall:
(1) Manage, supervise, and administer the grant program; and
(2) Coordinate the grant program with federal or state programs that complement or facilitate carrying out the grant program.
(d) The grant program may be used to:
(1) Make grants to nonprofit organizations and local jurisdictions for the purpose of acquiring, rehabilitating, or restoring historic properties;
(2) Make grants to nonprofit organizations and local jurisdictions for the purpose of financing costs directly related to the rehabilitation or restoration project, which may include the costs of studies, surveys, plans and specifications, and architectural, engineering, or other special services;
(3) Make grants to nonprofit organizations and local jurisdictions for the purpose of funding historic preservation education and promotion, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning and educational materials;
(4) Fund the costs of state and local preservation revolving funds for the restoration or rehabilitation of historic properties for resale or lease subject to appropriate preservation covenants which may include costs directly related to restoration or rehabilitation, such as the costs of studies, surveys, plans, and specifications and architectural, engineering, or other special services;
(5) Fund historic preservation education and promotion by the division, including the research, survey, and evaluation of historic properties and the preparation of historic preservation planning documents and educational materials; and
(6) Fund the routine administration of the grant program.
(e)(l) The director shall review and make recommendations to the commissioner, who shall approve each grant or expenditure of moneys from the grant fund.
(2) Except for the emergency reserve allocation referred to in paragraph (3) of this subsection, the director's recommendations to the commissioner on the granting of

2042

JOURNAL OF THE SENATE

moneys from the grant fund to nonprofit organizations and local jurisdictions shall be based on a competitive selection process.
(3) In any given fiscal year, the commissioner may allocate up to 20 percent of the total moneys available in the grant fund to be held in reserve for unanticipated emergency use in accordance with subsection (d) of this Code section.
(4) In any given year, expenditures for routine administration of the grant program may not exceed 10 percent of the total moneys available in the grant fund.
(f) The division shall:
(1) Ensure that funding under the grant program for the acquisition, restoration, or rehabilitation of historic properties is used only if the property has been listed in or is eligible for the Georgia Register of Historic Places; and
(2) Require recipients of grants made under the grant program to enter into an agreement to preserve, maintain, and allow limited public access to the historic property. This agreement shall be a recordable historic preservation easement if the property is real property, unless the commissioner has determined that such an agreement or easement is impracticable or infeasible under the circumstances in accordance with the regulations.
(g)(l) The department shall carry out the purposes of the grant program under provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended.
(2) In addition to provisions otherwise required by this Code section, the filing by the department with the Secretary of State under the provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993,' as amended, shall include the following:
(A) Application procedures;
(B) Procedures for adequate public notice of available assistance under the grant program;
(C) Provisions for the review of plans and specifications and the inspection of projects during construction; and
(D) A set of selection criteria which the division must consider in recommending approval of applications for grants and which must include:
(i) The relative historical or cultural significance of, and urgency of need for, the project being financed with the grant;
(ii) The extent to which there is any proposed contribution by the appropriate local jurisdiction to support the project being financed with the grant; and
(iii) Other factors which may be relevant, such as the geographic distribution of grant assistance from the grant fund.
(h) On or before December 31 of each year, the division shall report to the Governor and the General Assembly the financial status of the grant program and a summary of its operations for the preceding year."
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.

THURSDAY, MARCH 19, 1998

2043

Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 446.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

Y Price,T

Y Blitch

Y Harbison

Y Ragan

Y Boshears

Henson

Y Ralston

Y Bowen

Hill

Ray

Y Broun, 46th

Hooks

Y Roberts

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

Taylor

Y Crotts

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

Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 446.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendments to the following bill of the House:

HB 408. By Representative Barnes of the 33rd:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located.
The House insists on its position in substituting the following bill of the Senate:

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.
The following bills were taken up to consider House action thereto:

2044

JOURNAL OF THE SENATE

HB 1448. By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.
Senator Brush of the 24th moved that the Senate insist on its amendment to HB 1448.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1448.
HB 1202. By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualifying fees, so as to provide that for certain offices, the qualifying fee shall be based on the minimum salary mandated by general law.
Senator Broun of the 46th moved that the Senate adhere to its substitute to HB 1202 and that a Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Gillis of the 20th,Thomas of the 10th and Broun of the 46th.
HB 1253. By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Program.
Senator James of the 35th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Turner of the 8th, Bowen of the 13th and James of the 35th.
HB 244. By Representative Smith of the 175th:
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 provide for grants for lengthening the school year and the conditions and procedures relating thereto.
The House amendment was as follows:
Amend the Senate committee amendment (AM 11 0591) to HB 244 by adding after "striking" on line 3 of page 1 the following:
"lines 24 through 26 of page 1 and inserting in their place the following:
'conditions of the grant. The grant shall'.
By striking".

THURSDAY, MARCH 19, 1998

2045

Senator Madden of the 47th moved that the Senate agree to the House amendment to the Senate amendment to HB 244.
On the motion, a roll call was taken, and the vote was as follows:

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

Y Griffin Y Guhl Y Harbison Y Henson EX Hill Y Hooks Y Huggins Y James Y Johnson,D EX Johnson.E Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable
Middleton Y Oliver
Perdue

Price,R Y Price.T Y Ragan N Ralston N Ray
Roberts Y Scott Y Starr Y Stokes Y Streat Y Tanksley Y Taylor Y Thomas,D
Thomas,N Y Thompson Y Turner N Tysinger Y Walker

On the motion, the yeas were 33, nays 9; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 244.

HB 1393. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.
Senator Cagle of the 49th moved that the Senate adhere to its substitute to HB 1393 and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Thomas of the 54th, Gillis of the 20th and Cagle of the 49th.

HB 1430. By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th and others:
A bill 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 registration and license requirements and penalties; to change certain provisions relating to transfer of license plates and revalidation decals.
Senator Ray of the 48th moved that the Senate adhere to its substitute to HB 1430 and that a Conference Committee be appointed.

2046

JOURNAL OF THE SENATE

On the motion, the yeas were 35, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Tanksley of the 32nd, Hill of the 4th and Ray of the 48th.
HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties.
Senator Ralston of the 51st moved that the Senate adhere to its substitute to HB 1730 and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Ralston of the 51st, Oliver of the 42nd and Land of the 16th.
Senator Walker of the 22nd moved that the Senate reconsider its action in receding from its substitute to the following bill of the House:
HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate reconsidered its action in receding from its substitute to HB 274.
Senator Walker of the 22nd moved that the Senate insist on its substitute to HB 274.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 274.
The following bills were taken up to consider House action thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act 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, Wildlife, and Recreation 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; to provide for contributions to the heritage fund; to

THURSDAY, MARCH 19, 1998

2047

provide for transfers to the heritage fund by governmental entities; to provide for the dedication and deposit of revenues into the heritage fund; to provide that funds deposited or transferred into the heritage fund shall not lapse at the end of a fiscal year; to provide for the promulgation of rules and regulations; to provide for the authority of the Department of Natural Resources with respect to the administration of the heritage fund; to provide for appropriation by the General Assembly; to provide for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund Advisory Council; to provide for membership and functions of such council; to provide for an annual report; to provide a conditional effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, is amended by adding at the end a new Article 10 immediately following Article 9 to read as follows:
"ARTICLE 10
12-3-630.
This article is passed pursuant to the authority of Article III, Section K, Paragraph VI(k) of the Constitution.
12-3-631.
As used in this article, the term:
(1) 'Department' means the Department of Natural Resources.
(2) 'Heritage fund' means the Land, Water, Wildlife, and Recreation Heritage Fund created by Code Section 12-3-632.
12-3-632.
(a) There is created the Land, Water, Wildlife, and Recreation Heritage Fund as a separate fund in the state treasury. The director of the Office of Treasury and Fiscal Services shall credit to the heritage fund all amounts dedicated, transferred, or contributed to such heritage fund and shall invest the heritage fund moneys in the same manner as authorized for investing other moneys in the state treasury.
(b) The heritage fund shall be funded in accordance with the provisions of this article. All moneys deposited in or transferred to the heritage fund shall not lapse to the general fund at the end of the fiscal year.
(c) The moneys deposited in the heritage fund may be appropriated and expended only for the purposes of:
(1) Assisting local governments with grants to be used for the acquisition and improvement of parks and recreational facilities; and
(2) For acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, or wildlife habitats that meet or achieve one of the following purposes:
(A) The conservation and protection of native wildlife habitat;
(B) The conservation and protection of rare, threatened, or endangered species habitat;
(C) The protection of watersheds of streams that are used for public water supply;

2048

JOURNAL OF THE SENATE

(D) The protection of the purity of ground water;
(E) The protection of river corridors;
(F) The protection of wetlands;
(G) The protection of mountain or coastal areas;
(H) The conservation of land to provide a park or public recreation area which is made significant by reason of its natural features or scenic beauty, or of land that may be adjacent thereto;
(I) The preservation of significant historical, archeological, or cultural areas;
(J) The rehabilitation of historic or prehistoric resources that are owned or operated by local governments or nonprofit organizations that are listed in or eligible for listing in the Georgia Register of Historic Places and that meet funding guidelines as provided by rules and procedures of the Heritage 2000 program; or
(K) The administration of the heritage fund and the management of any state owned or state operated area that is acquired or purchased for one of the other purposes provided for in this subsection.
12-3-633.
The heritage fund shall initially be funded from any increase in the rate of the real estate transfer tax collected for purposes of the heritage fund in accordance with Article 1 of Chapter 6 of Title 48 and from other sources as authorized in this article.
12-3-634.
After January 1, 1999, any person or entity is authorized to contribute to the heritage fund. The contribution of public funds to the heritage fund shall be a valid public purpose for which those funds may be expended. Contributions to the heritage fund shall be irrevocable and shall not include any limitation upon the use of such contributions except as permitted by this article.
12-3-635.
After July 1, 1999, any state or local public or governmental entity is authorized to transfer moneys to the heritage fund. Transfer of funds under control of any state or local public or governmental entity shall be a valid public purpose for which those funds may be expended. Such transfers shall be irrevocable and shall be used only for the purposes contained in Code Section 12-3-632.
12-3-636.
The General Assembly may provide for the dedication and deposit of revenues from specific sources into the heritage fund.
12-3-637.
Contributions and revenues deposited in or transferred to the heritage fund shall not lapse to the general fund at the end of the fiscal year.
12-3-638.
(a) The department shall establish by rules the purposes for which contributions and transfers to the heritage fund may be made. Such purposes shall be consistent with the purposes contained in Code Section 12-3-632. Those rules shall be promulgated by the Board of Natural Resources pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' notwithstanding any exclusion or exemption otherwise provided in that chapter.

THURSDAY, MARCH 19, 1998

2049

(b) Subject to appropriations to the department, the department may make and execute contracts, agreements, and other instruments for the purpose of facilitating transfers to the heritage fund.
(c) The department shall establish the manner of disbursement of any funds appropriated to it pursuant to this article.
12-3-639.
(a) In the budget report to the General Assembly, as a separate budget category entitled 'heritage fund proceeds,' the Governor shall estimate the amount of net proceeds and treasury earnings thereon to be credited to the heritage fund during the fiscal year and the amount of unappropriated surplus to be accrued in the fund at the beginning of the fiscal year. The sum of estimated net proceeds, treasury earnings thereon, and unappropriated surplus shall be designated heritage fund proceeds.
(b) In the budget report the Governor shall further make specific recommendations as to the purposes for which appropriations should be made from the heritage fund. The General Assembly shall appropriate from the heritage fund by specific reference to it. All appropriations of heritage fund proceeds to any particular budget unit shall be made together in a separate part entitled, identified, administered, and accounted for separately as a distinct budget unit for heritage fund proceeds. In any appropriations Act, no more than 25 percent of the heritage fund proceeds shall be appropriated for assisting local governments with grants to be used for the acquisition and improvement of parks and recreational facilities, and no more than 75 percent of the heritage fund proceeds shall be appropriated for use for the other purposes authorized in paragraph (2) of subsection (c) of Code Sectionn 12-3-632. Funding for recreation grants shall be appropriated to one or more executive branch agencies and shall be awarded by such agency or agencies through a competitive grant process which shall be equally open to all units of local government and shall be subject to Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993.' Such appropriations shall otherwise be made in the manner required by law for appropriations.
(c) Appropriations of heritage fund proceeds not committed during the fiscal year shall lapse to the heritage fund account in the state treasury and thereafter may be appropriated only as authorized in this Code section.
(d) Except as qualified by this article, appropriations of heritage fund proceeds shall be subject to Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.'
(e) In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor shall not include heritage fund proceeds.
(f) Funds appropriated to the department pursuant to this Code section may be used to match federal, state, local, or private funds which are made available for purposes consistent with those set forth in subsection (c) of Code Section 12-3-632, and lands purchased or acquired with state matching funds as permitted in this Code section may be acquired by the United States or any county, municipality, or other local government.
12-3-640.
(a) There is created a Land, Water, Wildlife, and Recreation Heritage Fund Advisory Council composed of 15 members appointed by the Governor for four-year terms. There shall be at least one member from each congressional district in the state. Members of the council shall include representatives from the business community, members of the general public, and representatives from public organizations which

2050

JOURNAL OF THE SENATE

have an expressed interest in issues relating to the environment, historic preservation, wildlife, and recreation.
(b) A majority of members of the council shall constitute a quorum. Vacancies on the council shall be filled by appointment by the Governor to serve the remainder of the applicable term.
(c) The members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall receive no salary but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials.
(d) The functions of the council shall be to:
(1) Review, comment upon, and make recommendations to the department on appropriate expenditures to be made from the heritage fund.
(2) Monitor the implementation of any recommendations that are accepted;
(3) Encourage the contribution of funds to the heritage fund from appropriate sources; and
(4) Perform such other functions as may be specified for the council by the department.
12-3-641.
The department shall annually report to the General Assembly on its use of heritage funds appropriated to the department pursuant to this article."
SECTION 2.
This Act shall become effective on January 1, 1999, upon ratification by the voters of this state at the 1998 November general election of that proposed amendment to Article III, Section DC, Paragraph VI of the Constitution authorizing the General Assembly to provide for the creation of a Land, Water, Wildlife, and Recreation Heritage Fund and to provide for payments into the heritage fund; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Hooks of the 14th moved that the Senate agree to the House substitute to SB 496.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy Y Balfour Y Blitch Y Boshears Y Bowen Y Broun, 46th
Brown, 26th Brush Y Burton Y Cagle Y Cheeks N Clay

Y Crotts Y Dean
Egan Y Fort Y Gillis N Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson EX Hill

Y Hooks Y Huggins
James Y Johnson,D Y Johnson.E Y Kemp N Lamutt Y Land
Langford Y Madden Y Marable Y Middleton

THURSDAY, MARCH 19, 1998

2051

Oliver

Roberts

Thomas,D

Perdue

Y Scott

Thomas,N

Y Price,R

Y Starr

Thompson

Y Price,T

Y Stokes

Turner

Y Ragan

Y Streat

Tysinger

Y Ralston

N Tanksley

Walker

EX Ray

Y Taylor

On the motion, the yeas were 39, nays 4; the motion prevailed, and the Senate agreed

to the House substitute to SB 496.

SB 525. By Senators Johnson of the 1st, Dean of the 31st, Perdue of the 18th and others:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to revise practice and procedure in such proceedings; to eliminate the requirement of demand for possession; to place conditions on tender of rent as a defense; to change the disposition of rent paid into court.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to revise practice and procedure in such proceedings; to provide for an order by the court for payment of rent and the costs of the dispossessory warrant in certain circumstances; to provide for a writ of possession upon failure of the tenant to pay; to change the disposition of rent paid into court; to provide for the effect of appeal upon the disposition of such rent; to change the period for appeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, is amended by striking Code Section 44-7-52, relating to defense of tender of payment, and inserting in its place a new Code section to read as follows:
"44-7-52.
(a) Except as provided in subsection (c) of this Code section, in in an action for nonpayment of rent, the tenant shall be allowed to tender to the landlord, within seven days of the day the tenant was served with the summons pursuant to Code Section 44-7-51, all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided, however, that a landlord is required to accept such a tender from any individual tenant after the issuance of a dispossessory summons only once in any 12 month period.
(b) If the court finds that the tenant is entitled to prevail on the defense provided in subsection (a) of this Code section and the landlord refused the tender as provided under subsection (a) of this Code section, the court shall issue an order requiring the tenant to pay to the landlord all rents which are owed by the tenant and the costs of the dispossessory warrant within three days of said order. Upon failure of the tenant

2052

JOURNAL OF THE SENATE

to pay such sum, a writ of possession shall issue. Such payment shall not count as a tender pursuant to subsection (a.) of this Code section.
(c) For a tenant who is not a tenant under a residential rental agreement as defined in Code Section 44-7-30, tender and acceptance of less than all rents allegedly owed plus the cost of the dispossessory warrant shall not be a bar nor a defense to an action brought under Code Section 44-7-50 but shall, upon proof of same, be considered by the trial court when awarding damages."
SECTION 2.
Said article is further amended by striking subsection (c) of Code Section 44-7-54, relating to payment of rent into court, and inserting in its place a new subsection to read as follows:
"(c) The court shall order the clerk of the court to pay to the landlord the payments claimed under the rental contracts paid into the registry of the court as said payments are made; provided, however, that, if the tenant claims that he or she is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the landlord without delay only that portion of the funds to which the tenant has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues by the trial court. If either party appeals the decision of the trial court, that part of the funds equal to any sums found by the trial court to be due from the landlord to the tenant shall remain in the registry of the court until a final determination of the issues. The court shall order the clerk to pay to the landlord without delay the remaining funds in court and all payments of future rent made into court pursuant to paragraph (1) of subsection (a) of this Code section unless the tenant can show good cause that some or all of such payments should remain in court pending a final determination of the issues."
SECTION 3.
Said article is further amended by striking in its entirety subsection (a) of Code Section 44-7-55, relating to writ of possession after trial in dispossessory proceedings, and inserting in its place the following:
"(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of possession, both of execution for the judgment amount and a writ to be effective at the expiration of ten seven days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 44-7-56, relating to appeal and possession and payment of rent pending appeal after a judgment in a dispossessory proceeding, and inserting in lieu thereof a new Code Section 44-7-56 to read as follows:
"44-7-56.
Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within ten seven days of the date such judgment was entered and provided, further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the

THURSDAY, MARCH 19, 1998

2053

record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the tenant and the tenant appeals this judgment, the court may upon motion of the landlord and upon good cause shown order the tenant to pay into the registry of the court all sums found by the trial court to be due for rent in order to remain in possession of the premises. The tenant shall also be required to pay all future rent as it becomes due into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 525.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy
y Balfour

Y Griffin Y Guhl

Price,R Y Price.T

Blitch

Y Harbison

Y Ragan

Y Boshears

Y Henson

Y Ralston

Y Bowen

EX Hill

EX Ray

Y Broun, 46th

Y Hooks

Roberts

Brown, 26th

Y Huggins

Y Scott

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

Langford

Thomas,N

Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Turner

Y Gillis

Middleton

Y Tysinger

Y Glanton

Y Oliver

Y Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 525.

The following resolution was read and adopted:

SR 822. By Senators Perdue of the 18th, Starr of the 44th, Brown of the 26th and many, many others: A resolution recognizing and commending Honorable Hugh Marion Gillis.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 1410. By Representative Barnes of the 33rd:

2054

JOURNAL OF THE SENATE

A bill to amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firelighters, emergency medical technicians, and public safety officers, so as to add provisions relating to hepatitis C. protection.
The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the Senate:
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.
The Speaker has appointed on the part of the House, Representatives Benefield of the 96th, Channell of the lllth and Dobbs of the 92nd.
The Speaker has ruled the Senate substitute not germane, therefore the House has disagreed to the Senate substitute to the following bill of the House:
HB 1604. By Representative Barnes of the 33rd:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so as to authorize housing authorities to prohibit any person who is not a resident of a project from entering, loitering, or remaining upon the common areas of such project, except in certain circumstances.
The following bill was taken up to consider House action thereto:

HB 1378. By Representatives Ehrhart of the 36th, Campbell of the 42nd, Wiles of the 34th and Richardson of the 26th:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, so as to provide for legal sufficiency of implied consent notices for certain purposes in certain cases.
Senator Oliver of the 42nd moved that the Senate recede from its amendment to HB 1378.
On the motion, a roll call was taken, and the vote was as follows:

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

Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan
Fort Y Gillis

Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison Y Henson EX Hill
Hooks Y Huggins

THURSDAY, MARCH 19, 1998

2055

Y James

Oliver

Y Stokes

Y Johnson,D

Perdue

Y Streat

Y Johnson,E

Price,R

Tanksley

Y Kemp

Price,T

Y Taylor

Y Lamutt

Ragan

Y Thomas,D

Y Land

Ralston

Thomas.N

Langford

EX Ray

Y Thompson

Y Madden

Y Roberts

Y Turner

Y Marable

Y Scott

Y Tysinger

Y Middleton

Y Starr

Walker

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate re-

ceded from its amendment to HB 1378.

The President stated at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Zell Miller, in a communication to the Senate on March 16, 1998, which appears in the Journal of March 16, 1998.

Senator Walker of the 22nd asked unanimous consent that the reading of the appointments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments, unless any Senator designated any appointee to be deleted from the list and voted on individually. The consent was granted.

No Senator requested the name of any appointee be deleted.

On the confirmation, 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

Henson

Y Ralston

Y Bowen

EX Hill

EX Ray

Y Broun, 46th

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

Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

Y Langford

Thomas,N

Egan

Y Madden

Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Y Walker

Y Gochenour

Perdue

On the confirmation, the yeas were 47, nays 0, and the Governor' appointees were

confirmed.

On the confirmation of the appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Zell Miller:

March 19, 1998

Honorable Zell Miller

2056

JOURNAL OF THE SENATE

Governor State Capitol Atlanta, Georgia 30334
Dear Governor:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on March 16, 1998, were acted upon by the Georgia State Senate in session on March 19, 1998, with the following results:
The Honorable Steven D. Bridges of Gwinnett County as Commissioner of the Department of Banking and Finance for the term of office beginning October 1, 1997 and ending January 20, 2000. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable W. C. Nelson, Jr. of Union County as a member of the Board of Community Affairs for the term of office beginning March 4, 1998 and ending July 1, 2002. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable Deborah W. Espy of Rockdale County as a member of the Board of Community Affairs for the term of office beginning July 2, 1998 and ending July 1, 2003. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable Robert C. Norman, Jr. of Bibb County and the Honorable C. Richard Yarbrough of Cobb County, as members of the State Ethics Commission for the term of office beginning February 27, 1998 and ending March 2, 2002. The vote on this confirmation was yeas 47, nays 0, and the nominees were confirmed.
The Honorable Stephen M. Katz of Fulton County as a member of the Board of Commissioners of the Commission on Equal Opportunity for the term of office beginning March 13, 1998 and ending September 29, 2000. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable George David Gowder, III of Union County as a member of the Board of Human Resources for the term of office beginning April 7, 1998 and ending April 6, 2004. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable Marti Fullerton of Rockdale County as Commissioner of Labor for the term of office beginning January 20, 1998 and ending December 31, 1998. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable Kent M. Plowman, Jr. of Columbia County as a member of the Board of Medical Assistance for the term of office beginning March 4, 1998 and ending June 30, 2000. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable Dana Russell of Gwinnett County as Commissioner of the State Merit System of Personnel Administration for the term of office beginning December 1, 1997 and serving at the pleasure of the Governor. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable John C. Adams, Jr. of Bulloch County as a member of the State Board of Examiners of Psychologists for the term of office beginning March 23, 1998 and ending March 27, 2001. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.

THURSDAY, MARCH 19, 1998

2057

The Honorable Roxanne Douglass of Fulton County as a member of the State Board of Examiners of Psychologists for the term of office beginning March 23, 1998 and ending July 1, 2000. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable Cynthia A. Messina of Fulton County as a member of the State Board of Examiners of Psychologists for the term of office beginning March 23, 1998 and ending January 7, 2001. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable Carlos Byron Elmore of Laurens County as a member of the State Board of Examiners of Psychologists for the term of office beginning March 23, 1998 and ending January 7, 2000. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable T. Jerry Jackson of Fulton County as State Revenue Commissioner for the term of office beginning April 14, 1997 and serving at the pleasure of the Governor. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable Michael Adams of Clarke County as a member of the Board of Control for Southern Regional Education for the term of office beginning February 27, 1998 and ending June 30, 1999. The vote on this confirmation was yeas 47, nays 0, and the nominee was confirmed.
The Honorable C. Mark Miller of Pickens County and the Honorable Eunice L. Mixon of Tift County as members of the Georgia Student Finance Commission for the term of office beginning March 16, 1998 and ending March 15, 2004. The vote on this confirmation was yeas 47, nays 0, and the nominees were confirmed.
The Honorable Ben Purcell of Habersham County as a member of the Veteran Services Board for the term of office beginning March 16, 1998 and ending April 1, 2005. The vote on this confirmation was yeas 47, nays 0, and the nominees were confirmed
Sincerely, /s/ Frank Eldridge, Jr.
Secretary of the Senate
The following bill was taken up to consider House action thereto:
HB 1604. By Representative Barnes of the 33rd:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so as to authorize housing authorities to prohibit any person who is not a resident of a project from entering, loitering, or remaining upon the common areas of such project, except in certain circumstances.
Senator Oliver of the 42nd moved that the Senate insist on its substitute to HB 1604.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1604.
The following bill was taken up to consider the Conference Committee report thereto:
SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and Price of the 28th:

2058

JOURNAL OF THE SENATE

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 Conference Committee Report was as follows:

The Committee of Conference on SB 573 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 573 be adopted.

Respectfully submitted,

FOR THE SENATE: Isi William M. Ray, II
Senator, 48 District /s/ Richard J. Price
Senator, 28 District /s/ Donzella J. James
Senator, 35th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Keith Roscoe Breedlove Representative, 85th District /s/ A. Richard Royal Representative, 164th District /s/ Roy E. Barnes Representative, 33rd District

COMMITTEE OF CONFERENCE SUBSTITUTE to SB 573:

A BILL
To be entitled an Act 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; to provide that certain zoning decisions shall constitute certain final legislative action; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, is amended by striking Code Section 36-66-3, relating to definitions, and inserting in lieu thereof a new Code section to read as follows:
"36-66-3.
As used in this chapter, the term:
(1) 'Local government' means any county or municipality which exercises zoning power within its territorial boundaries.
(2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.1) of Code Section 36-70-2.
(3) 'Zoning* means the power of local governments to provide within their respective territorial boundaries for the zoning or districting of property for various uses and the prohibition of other or different uses within such zones or districts and for the regulation of development and the improvement of real estate within such zones or districts in accordance with the uses of property for which such zones or districts were established.
(4) 'Zoning decision' means final legislative action by a local government which results with in:

THURSDAY, MARCH 19, 1998

2059

(A) The adoption of a zoning ordinance;
(B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance;
(C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another; or
(D) The adoption of an amendment to a zoning ordinance by a municipal local government which zones property to be annexed into the municipality; or
(E) The grant of a permit relating to a special use of property.
(5) 'Zoning ordinance' means an ordinance or resolution of a local government establishing procedures and zones or districts within its respective territorial boundaries which regulate the uses and development standards of property within such zones or districts. The term also includes the zoning map adopted in conjunction with a zoning ordinance which shows the zones and districts and zoning classifications of property therein."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Ray of the 48th moved that the Senate adopt the Conference Committee report on SB 573.
On the motion, 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 Griffin Y Guhl Y Harbison
Henson EX Hill
Hooks Y Huggins Y James Y Johnson,D Y Johnson,E

Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts
Scott Y Starr Y Stokes Y Streat

Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis

Y Kemp Y Lamutt Y Land Y Langford Y Madden Y Marable
Middleton

Y Tanksley Y Taylor Y Thomas,D
Thomas,N Y Thompson Y Turner Y Tysinger

Y Glanton Y Gochenour

Y Oliver Perdue

Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 573.

The following resolution was read and adopted:

SR 789. By Senators Gochenour of the 27th, Perdue of the 18th, Middleton of the 50th and others:

2060

JOURNAL OF THE SENATE

A resolution recognizing the courage and sacrifice of Honorable Floyd Griffin and the brave members of the armed forces who served in the Vietnam conflict.
Senator Gochenour of the 27th introduced Senator Floyd Griffin of the 25th, commended by SR 789, who addressed the Senate briefly.
The following resolution was read and adopted:

SR 790. By Senators Gochenour of the 27th, Perdue of the 18th, Middleton of the 50th and others:
A resolution recognizing the courage and sacrifice of Honorable Ed Harbison and the brave members of the armed forces who served in the Vietnam conflict.
Senator Gochenour of the 27th introduced Senator Ed Harbison of the 15th, commended by SR 790, who addressed the Senate briefly.

The following bill of the Senate was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee Report was as follows:

The Committee of Conference on SB 447 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 447 be adopted.

Respectfully submitted,

FOR THE SENATE: Isi Richard O. Marable
Senator, 52nd District Isl Eddie Madden
Senator, 47th District Isl Jack Hill
Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES: Is/ DuBose Porter Representative, 143rd District Isi Thomas B. Sherrill Representative, 62nd District Isl Maretta Mitchell Taylor Representative, 134th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 447:

A BILL
To be entitled an Act 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 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 change the provisions regarding student program counts under the "Quality Basic Education Act" for students in the program established in Code Section 20-2-161.1; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 19, 1998

2061

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Code section, to be designated as Code Section 20-2-68, to read as follows:
"20-2-68.
Upon determining that a school under its management and control is consistently underperforming or is otherwise educationally challenged, a local board of education may apply to the State Board of Education for the appointment of an educational care team for that school. The state board then may appoint an educational care team for that school. The educational care team shall consist of seven persons, each of whom has experience as a principal, teacher, or school administrator. Under the direction of the requesting local board of education, the educational care team shall conduct an investigation of the educationally challenged school, prepare a written evaluation of the school, and make nonbinding recommendations to the local board for improvements at the school in instruction in mathematics, science, reading and other English courses, and social science. The educational care team may also provide instruction and conduct staff development sessions. Subject to appropriation by the General Assembly, at least four educational care teams shall be funded for each fiscal year."
SECTION 2.
Said chapter is further amended in Code Section 20-2-160, relating to student program counts under the "Quality Basic Education Act," by striking subsection (a) and inserting in its place the following:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each onesixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133.

2062

JOURNAL OF THE SENATE

A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may shall be counted for the high school program for orrly that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection and for that portion of the day that the student is attending such eligible institution for those segments that would be eligible to be counted under this subsection if they were offered in that high school. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift fulltime equivalent program counts from the designated date to a requested alternate date."
SECTION 3.
Section 2 of this Act shall become effective on July 1, 1999. All other provisions of this Act shall become effective on July I, 1998.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Marable of the 52nd moved that the Senate adopt the Conference Committee report on SB 447.
On the motion, 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

EX Ray

Y Broun, 46th Y Brown, 26th

Hooks Y Huggins

Y Roberts Y Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

Stokes

Y Cagle

Y Johnson.E

Y Streat

Y Cheeks Y Clay

Y Kemp Y Lamutt

EX Tanksley Y Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

Langford

Y Thomas,N

Egan

Y Madden

Thompson

Fort

Y Marable

Turner

Y Gillis

Y Middleton

Tysinger

Y Glanton Y Gochenour

Y Oliver Perdue

Walker

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on SB 447.

The following resolution of the Senate was taken up to consider the Conference Committee report thereto:

THURSDAY, MARCH 19, 1998

2063

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.

The Conference Committee Report was as follows:

The Committee of Conference on SR 529 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SR 529 be adopted.

Respectfully submitted,

FOR THE SENATE: Isl Terrell Starr
Senator, 44th District Isl Paul C. Broun
Senator, 46th District Isl Eric Johnson
Senator, 1st District

FOR THE HOUSE OF REPRESENTATIVES: Isi Roy E. Bames Representative, 33rd District lal Charles C. Smith, Jr. Representative, 175th District Isl Thomas Edward Shanahan Representative, 10th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO SR 529:

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; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article I, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (c) and inserting in its place a new subparagraph to read as follows:
"(c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated by or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided. Lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section K, Paragraph VI(a); or Article III, Section K, Paragraph IV(c), except that the net proceeds after payment of such operating expenses shall be subject to Article VII, Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifically identified by the Governor in his annual budget presented to the General Assembly as a separate budget category entitled 'Lottery Proceeds' and the Governor shall make specific recommendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category to educational programs and educational purposes as specified by Uiu General Assembly. Such net proceeds shall be used to support improve-

2064

JOURNAL OF THE SENATE

ments and enhancements for educational programs and purposes and such net proceeds shall be used to supplement, not supplant, non-lottery educational resources for educational programs and purposes. The educational programs and educational purposes for which proceeds may be so appropriated shall include only the following:

(1) Tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges or universities are operated by the board of regents, or to attend institutions operated under the authority of the Department of Technical and Adult Education;

(2) Voluntary pre-kindergarten;

(3) One or more educational shortfall reserves in a total amount of not less than 10 percent of the net proceeds of the lottery for the preceding fiscal year;

(4) Costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the statewide distance learning network; and

(5) Capital outlay projects for educational facilities;

provided, however, that no funds shall be appropriated for the items listed in paragraphs (4) and (5) of this subsection until all persons eligible for and applying for assistance as provided in paragraph (1) of this subsection have received such assistance, all approved pre-kindergarten programs provided for in paragraph (2) of this subsection have been fully funded, and the education shortfall reserve or reserves provided for in paragraph (3) of this subsection have been fully funded."

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 he amended so as to limit the educational purposes and programs for which lottery proceeds may be appropriated and expended and to specify that scholarships, pre-kindergarten programs, and shortfall reserves shall receive priority over teacher technology training and capital outlay projects for educational facilities?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Starr of the 44th moved that the Senate adopt the Conference Committee report on SR 529.
On the motion, a roll call was taken, and the vote was as follows:

THURSDAY, MARCH 19, 1998

2065

Abernathy Y Balfour Y flitch Y Boshears Y Bowen Y Broun, 46th Y Brown, 26th Y Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean
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
Langford Y Madden Y Marable Y Middleton Y Oliver Y Perdue

Y Price,R Y Price.T Y Ragan Y Ralston EX Ray Y Roberts
Scott Y Starr Y Stokes Y Streat EX Tanksley Y Taylor Y Thomas,D Y Thomas,N Y Thompson Y Turner
Tysinger Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on SR 529.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 1413. By Representatives Barnes of the 33rd and Sauder of the 29th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar; and to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration.

The House adheres to its position in disagreeing to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
HB 1448. By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.
The Speaker has appointed on the part of the House, Representatives Williams of the 114th, Harbin of the 113th and Parham of the 122nd.
The following bill was taken up to consider the Conference Committee report thereto:

2066

JOURNAL OF THE SENATE

HB 1268. By Representatives Holmes of the 53rd, Hecht of the 97th, Hudson of the 120th and others:

A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain new definitions in the general and municipal elections codes; to enact a new Part 5 of Article 11 of Chapter 2 of said title regulating the use of optical scanning voting equipment.

The Conference Committee report was as follows:

The Committee of Conference on HB 1268 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1268 be adopted.

Respectfully submitted,

FOR THE SENATE: lal William M. Ray, II
Senator, 48 District Isl Nadine Thomas
Senator, 10th District lal Loyce W. Turner
Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES: lal Bob Holmes Representative, 53rd District lal Greg Hecht Representative, 97th District lal Buddy DeLoach Representative, 172nd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1268

A BILL
To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for certain new definitions in the general and municipal elections codes; to enact new Parts 4 and 5 of Article 9 of Chapter 2 of said title regulating the authorization of optical scanning voting equipment and direct electronic recording voting systems; to enact a new Part 5 of Article 11 of Chapter 2 of said title regulating the use of optical scanning voting equipment; to enact a new Part 4 of Article 11 of Chapter 3 of said title regulating the use of optical scanning voting equipment; to enact new Parts 4 and 5 of Article 9 of Chapter 3 of said title regulating the authorization of optical scanning voting equipment and direct electronic recording voting systems; to change provisions relating to the enforcement powers of the State Election Board; to provide a penalty for failure of a local election superintendent to complete the required minimum biennial training; to change provisions relating to applications for registration; to provide for a 12:00 Noon deadline for challenges of persons on list of electors by other electors; to provide a time limit for county registrars to initiate action regarding persons whose names appear on list of convicted felons, mentally incompetent persons, or deceased persons; to change provisions relating to changes in polling places; to change provisions relating to the forms of the official ballots for primaries and general elections; to change provisions relating to absentee ballots; to change penalty provisions under this chapter; to provide for the designation of state-wide poll watchers for elections and municipal elections; to provide for limitations and procedures; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, MARCH 19, 1998

2067

PARTI

___

SECTION 1.

Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety paragraph (15) of Code Section 21-2-2, relating to definitions applicable to primaries and elections generally, and inserting in lieu thereof a new paragraph (15) to read as follows:

"(15) 'Official ballot' means a paper ballot which is furnished by the superintendent in accordance with Code Section 21-2-280, including ballots read by optical scanning tabulators."

SECTION 2.

Said title is further amended by striking paragraph (18.1) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof the following:

"(18.1) 'Plurality' means the receiving by one candidate alone of the highest number of votes cast for eligible candidates in an election among the candidates for the same office, provided that such number of votes exceeds 45 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total votes cast for eligible candidates in the election for the office sought there is no plurality."

SECTION 3.

Said title is further amended by striking Code Section 21-2-33.1, relating to the enforcement of Chapter 2, so as to strike subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:

(1) To cease and desist from committing further violations; and

(2) To pay a civil penalty not to exceed $1,000.00 $5,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. Such penalty may be assessed against an individual, a governing authority which employs or compensates an individual, or both, as the State Election Board deems appropriate;

(3) To publicly reprimand an individual or governing authority found to have committed a violation;

(4) To require that restitution be paid to a state, county, or city governing authority when it has suffered a monetary loss or damage as the result of a violation;

(5) To require individuals to attend training as specified by the board; and

(6) To assess investigative costs incurred by the board against an individual or the governing authority which employs or compensates an individual found to have committed a violation."

SECTION 4.

Said title is further amended by striking Code Section 21-2-100, relating to the training of local election officials, and inserting in lieu thereof the following:

2068

JOURNAL OF THE SENATE

"21-2-100.
_(a! On and after January 1, 1995, the election superintendent and at least one registrar of the county or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State.
(b) The basis for the minimum requirement of training shall be two calendar years.
(c) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent, registrar, or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State.
(d) The cost of the training shall be borne by the governing authority of each county from county funds.
(e) A superintendent and the governing authority which employs the superintendent may be fined by the State Election Board for failure to attend the training required in this Code section.
fe)(f) The minimum training required under this Code section shall not apply to deputy registrars."
SECTION 5.
Said title is further amended by striking Code Section 21-2-220, relating to applications for registration, and inserting in lieu thereof the following:
"21-2-220.
(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223.
(b) Notwithstanding any other provision of this title, whenever a person makes application to register in person or through the means specified in this Code section, the person authorized to offer registration shall inquire as to whether the individual seeking registration is a citizen of the United States, and the person offering registration shall not be required to offer registration to an individual who answers such inquiry with a negative response.
(b)(c) If an applicant fails to provide all of the required information on the application for voter registration, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any runoff runoff elections resulting therefrom and subsequent elections. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected.

THURSDAY, MARCH 19, 1998

2069

(cKd) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for criminal prosecution. If the false information is not discovered until after the applicant's application has been approved and the applicant's name added to the list of electors, the giving of such false information shall be cause to challenge the applicant's right to remain on the list of electors, which, if sustained, shall result in such applicant's name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution."
SECTION 6.
Said title is further amended by striking subsection (a) of Code Section 21-2-230, relating to the challenge of persons on a list of electors by other electors, and inserting in lieu thereof the following:
"(a) Any elector of the county may challenge the right of any other elector of the county, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to the close uf Llie polls 12:00 Noon on the day of the election."
SECTION 7.
Said title is further amended by striking Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to the Secretary of State, and inserting in lieu thereof the following:
"21-2-231.
(a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the county.
(b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed.
(c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics.
(d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove such names from the list of

2070

JOURNAL OF THE SENATE

electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail.
(e) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the governing authority for whom the registrars are acting to a fine by the State Election Board."
SECTION 8.
Said title is further amended by staking subsection (a) of Code Section 21-2-265, relating to polling places, and inserting in lieu thereof the following:
"(a) The superintendent shall select and fix the polling place within each precinct and may, either on his the superintendent's own motion or on petition of ten electors of a precinct, change the polling place within any precinct. Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which emergency or event renders any polling place unavailable for use at such primary or election, the superintendent shall not change any polling place until at least ten days after notice of the proposed change shall have been published for two consecutive weeks in the legal organ for the county or municipality in which the polling place is located. Additionally, on the first election day following such change, a notice of such change shall be posted on the exisliug previous polling place and at three other places in the immediate vicinity thereof and until at least five days aflei wiilten iiutke uf the piu-
liis agent. The occupant or owner of the previous polling place, or his or her agent, shall be notified in writing of such change at the time notice is published in the legal organ."
SECTION 9.
Said title is further amended by striking Code Section 21-2-284, relating to the form of the official primary ballot, and inserting in lieu thereof the following:
"21-2-284.
(a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be printed in prominent type the words 'OFFICIAL PRIMARY BALLOT OF _________ PARTY FOR,' followed by the designation of the precinct for which it is prepared and the name and date of the primary.
(b) Immediately under this caption, the following directions shall be printed: 'Place a cross (X) or check (V) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.'
(c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certified to the superintendent or Secretary of State as having so qualified shall be printed on the ballots. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for.

THURSDAY, MARCH 19, 1998

2071

(d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the primary- election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words Tes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark.
(e) Each ballot shall have printed thereon the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'
feXf) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require."
SECTION 10.
Said title is further amended by striking Code Section 21-2-285, relating to the form of the official election ballot, and inserting in lieu thereof the following:
"21-2-285.
(a) At the top of each ballot for an election shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election.
(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
(1) To vote for presidential electors, mark a cross (X) or check (/) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. Place a cross (X) or check (/) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.
(2) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such names outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited.
(c) Immediately under the directions, the names of all candidates who have been nominated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alpha-

2072

JOURNAL OF THE SENATE

betically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading 'Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a blank column sufficient for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check (/) mark.
(d) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column.
(e) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States.
(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words "Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark unless otherwise directed by the General Assembly.
(g) Each ballot shall have printed thereon the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'
tg)(h) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require."
SECTION 11.
Said title is further amended by designating current subsection (j) of Code Section 21-2325, relating to the form of ballot labels generally, as subsection (k) and inserting a new subsection (j) to read as follows:

THURSDAY, MARCH 19, 1998

2073

"(j) Within the instruction section of the ballot label there shall be printed the following:
f-understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'"
SECTION 12.
Said title is further amended by striking Code Section 21-2-354, relating to the form of ballot labels, and inserting in lieu thereof the following:
"21-2-354.
(a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the vote recorder, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used.
(b) The arrangement of offices, names of candidates, and questions upon the ballot labels shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page.
(c) Within the instruction section of the ballot label there shall be printed the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'
fc)(d) The form and arrangement of ballot labels shall be prescribed by the Secretary of State and prepared by the superintendent."
SECTION 13.
Said title is further amended by striking in its entirety Code Section 21-2-365, relating to use of optical scanning equipment, which reads as follows:
"21-2-365.
Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines."
SECTION 14.
Said title is further amended by inserting after Part 3 of Article 9 of Chapter 2 thereof new Parts 4 and 5 to read as follows:
"Part 4
21-2-365.
No optical scanning voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;
(2) It shall permit each elector, in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors;

2074

JOURNAL OF THE SENATE

(3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote;
(5) When used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;
(7) It shall be constructed of material of good quality in a neat and workmanlike manner;
(8) It shall, when properly operated, record correctly and accurately every vote cast;
(9) It shall be so constructed that an elector may readily learn the method of operating it; and
(10) It shall be safely transportable.
21-2-366.
The governing authority of any county may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of optical scanning voting systems for recording and computing the vote at elections held in the county; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part.
21-2-367.
(a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the county. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter.
(b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one such system for each 200 electors therein, or fraction thereof.
(c) Optical scanning voting systems of different kinds may be used for different precincts in the same county.
(d) The governing authority shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which,

THURSDAY, MARCH 19, 1998

2075

under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.
21-2-368.
(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secretary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system.
(b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the optical scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter.
(c) No kind of optical scanning voting system not so approved shall be used at any primary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. Every county or municipality which has previously purchased an optical scanning voting system shall submit such system to the Secretary of State for examination not later than January 1, 1999.
(d) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind.
(e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof.
21-2-369.
(a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used.
(b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors.
(c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.

2076

JOURNAL OF THE SENATE

21-2-370.
In primaries, separate optical scanners shall be used for each political party.
21-2-371.
(a) If ballot labels for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels.
(b) If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the county may purchase as many extra optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.
21-2-372.
Ballot cards shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on clear, white, or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this chapter for paper ballots.
21-2-373.
In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
21-2-374.
(a) The superintendent of each county shall cause the proper ballot labels to be placed on each set of optical scanning voting equipment which is to be used in any precinct within such county and shall cause each set of optical scanning voting equipment to be placed in proper order for voting.
(b) The superintendent shall appoint one custodian of optical scanning voting systems and such deputy custodians as may be necessary, whose duty it shall be to prepare the optical scanning voting systems to be used in the county at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county such compensation as shall be fixed by the governing authority of the county. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the optical scanning voting systems as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent.
(c) On or before the third day preceding a primary or election, the superintendent shall have the optical scanners tested to ascertain that they will correctly count the

THURSDAY, MARCH 19, 1998

2077

votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the optical scanner to reject such votes. The optical scanner shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the optical scanning voting equipment for voting at the various polling places to be used in the primary or election. In preparing the optical scanning voting equipment, he or she shall arrange the optical scanning voting equipment and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the optical scanning voting equipment, and file a certificate in the office of the superintendent that the equipment is in proper order with correct ballot labels.
(d) No superintendent, nor custodian, nor other employee of the superintendent shall in any way prevent free access to and examination of all optical scanning voting equipment which is to be used at the primary or election, by any interested persons.
(e) In every primary or election, the superintendent shall furnish, at the expense of the county, all ballot labels, forms of certificates, and other papers and supplies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State.
21-2-375.
(a) The superintendent shall deliver the proper optical scanning voting equipment, properly furnished, to the polling places at least one hour before the time set for opening the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting. The superintendent shall place each set of optical scanning voting equipment in a voting booth so that the ballot labels on the equipment can be plainly seen by the poll officers when not being voted on.
(b) The superintendent shall provide ample protection against molestation of and injury to the optical scanning voting equipment and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent.
(c) The superintendent shall furnish for each set of optical scanning voting equipment at least one hour before the opening of the polls:
(1) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and which shall be suitable for the use of poll officers in examining the equipment; and the lamp shall be prepared and in good order for use before the opening of the polls;
(2) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election and accompanied by directions for voting on

2078

JOURNAL OF THE SENATE

the optical scanning voting equipment; and such sample ballots shall be posted prominently outside the enclosed space within the polling place; and
(3) A seal for sealing the optical scanning voting system after the polls are closed and such other materials and supplies as may be necessary or as may be required by law.
21-2-376.
During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of optical scanning voting equipment. Insofar as practicable, the equipment shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such equipment shall be under the charge and care of a person competent as custodian and instructor.
21-2-377.
(a) The superintendent shall designate a person or persons who shall have the custody of the optical scanning voting systems of the county when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the optical scanning voting systems.
(b) All optical scanning voting systems, when not in use, shall be properly covered and stored in a suitable place or places.
21-2-378.
The governing authority of any county which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of optical scanning voting systems, provide for their payment by the county. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties to meet all or any part of the cost of the optical scanning voting systems.
21-2-379.
If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning voting systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.
Part 5
21-2-379.1.
No direct electronic recording voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:

THURSDAY, MARCH 19, 1998

2079

(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;
~f2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors;
(3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote;
(5) It shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;
(7) It shall be constructed of material of good quality in a neat and workmanlike manner;
(8) It shall, when properly operated, record correctly and accurately every vote cast;
(9) It shall be so constructed that an elector may readily learn the method of operating it; and
(10) It shall be safely transportable.
21-2-379.2.
(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system.
(b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter.
(c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previ-

2080

JOURNAL OF THE SENATE

ously approved, it shall appear that the system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state.
(d) When a direct electronic recording voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of such system, or of its kind.
(e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof.
21-2-379.3.
The governing authority of any county which adopts direct electronic recording voting systems in the manner provided for by this part shall, upon the purchase of direct electronic recording voting systems, provide for their payment by the county. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties to meet all or any part of the cost of the direct electronic recording voting systems.
21-2-379.4.
The governing authority of any county may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the purchase of direct electronic recording voting systems for recording and computing the vote at elections held in the county; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure direct electronic recording voting systems conforming to the requirements of this part."
SECTION 15.
Said title is further amended by striking Code Section 21-2-383, relating to the preparation and delivery of ballots, and inserting in lieu thereof the following:
"21-2-383.
Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof with other instructions thereon the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'
The form for either ballot shall be determined and prescribed by the Secretary of State."
SECTION 16.
Said title is further amended by striking subsections (a) and (b) of Code Section 21-2386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof the following:

THURSDAY, MARCH 19, 1998

2081

"(a)(l) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of jhe primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.
(2) After 0.00 P.M. 12:00 Noon and until the closing of the polls on the day of the primary or election, the registrars shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.' At least three persons who are registrars, deputy registrars, or poll workers must be present before commencing.
(b) Aftm the cluse uf the pulls As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county, which shall be located in the precincts containing the county courthouse. After the close of the polls on the day of the election, such Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county showing the results of the absentee ballots cast in such county. In those precincts in which vote recorders are used, such absentee bal-

2082

JOURNAL OF THE SENATE

lots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots and shall count the absentee ballots for the county in the manner as prescribed above. In no event shall the counting of the ballots begin before the polls close."
SECTION 17.
Said title is further amended in Code Section 21-2-408, relating to poll watchers, by designating the existing language of subsection (b) as paragraph (1) of said subsection, inserting a new paragraph (2) of subsection (b), and striking subsection (d) and inserting in lieu thereof a new subsection (d), so that paragraph (2) of subsection (b) and subsection (d) read as follows:
"(2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, no more than five official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate five official state-wide poll watchers. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate five official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers. Each state-wide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of each county in which the poll watcher might serve."
"(d) Notwithstanding any other provisions of this chapter, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and either the precinct or tabulating center in which the poll watcher shall serve or a statement that such poll watcher is a state-wide poll watcher. The poll watcher shall wear such badge at all times while serving as a poll watcher."

THURSDAY, MARCH 19, 1998

2083

SECTION 18.
Said title is further amended by inserting after Part 4 of Article 11 of Chapter 2 thereof a new Part 5 to read as follows:
"Part 5
21-2-480.
(a) At the top of each ballot for an election in a precinct using optical scanning voting equipment shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election.
(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
(1) Optical scanners using ovals or squares. To vote blacken the oval or square (______) next to the candidate of your choice. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in section and blacken the oval or square next to the write-in section. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided.
(2) Optical scanners using arrows. To vote, complete the arrow (______) to the right of the name of the candidate for whom you wish to vote. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in space provided and complete the arrow. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided.
(3) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of the persons inserted on the ballot by the elector shall be manually written only within the write-in section and the insertion of such names outside such section or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited.
(c) The ballot for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party of body.
(d) The titles of offices may be arranged horizontally with the names of candidates for an office arranged transversely under the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot.
(e) The form and arrangement of ballots shall be prepared by the superintendent.
(f) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot as an independent.
(g) When presidential electors are to be elected, the names or the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States.
(h) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the

2084

JOURNAL OF THE SENATE

General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall he printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State; and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to the question there shall be placed the words TTES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked.
(i) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require.
21-2-481.
Ballots in a precinct using optical scanning voting equipment shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot.
21-2-482.
Ballots in a precinct using optical scanning voting equipment for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines, vote, recorders, or optical scanners the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law." The form for either ballot shall be determined and prescribed by the Secretary of State.
21-2-483.
(a) In primaries and elections in which optical scanners are used, the ballots shall be counted at the precinct or tabulating center under the direction of the superintendent. All persons who perform any duties at the tabulating center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot, container, paper, or machine utilized in the conduct of the count or be permitted to be inside the area designated for officers deputized to conduct the count.
(b) All proceedings at the tabulating center and precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or the superintendent's authorized deputy shall touch any ballot or ballot container.
(c) At the tabulating center, the seal on each container of ballots shall be inspected, and it shall be certified that the seal has not been broken before the container is opened. The ballots and other contents of the container shall then be removed, and the ballots shall be prepared for processing by the tabulating machines. The ballots of each polling place shall be plainly identified and cannot be commingled with the ballots of other polling places.

THURSDAY, MARCH 19, 1998

2085

(d) Upon completion of tabulation of the votes, the superintendent shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing:
-41) The number of valid ballots, including any that are damaged;
(2) The number of spoiled and invalid ballots; and
(3) The number of unused ballots.
The superintendent shall cause to be placed one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot supply container.
(e) For any election for which there is a qualified write-in candidate, the feature on precinct count and central count tabulators allowing separation of write-in votes shall be utilized. If any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot exceeds the allowed number for the office, the vote cast for that office only shall not be counted. In the discretion of the superintendent, either a duplicate ballot shall be made on which any invalid vote shall be omitted or the write-in ballot and the ballot shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote.
(f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his or her discretion, may order the proper election official at the tabulating center or precinct to prepare a true duplicate copy for processing with the ballots of the same polling place, which shall be verified in the presence of a witness. All duplicate ballots shall be clearly labeled by the word 'duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the defective ballot. The defective ballot shall be retained.
(g) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot that cannot be processed by the tabulator for reevaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed.
(h) The official returns of the votes cast on ballots at each polling place shall be printed by the tabulating machine. The returns thus prepared shall be certified and promptly posted. The ballots, spoiled, defective, and invalid ballots, and returns shall be filed and retained as provided by law.
21-2-484.
Upon completion of voting, the manager shall prepare and sign a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged;
(2) The number of spoiled and invalid ballots; and
(3) The number of unused ballots.
The manager shall then place one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot container, along with the voted ballots, which shall be sealed by the manager so that it cannot be opened without breaking the seal. The managers shall then deliver in the custody of at least two poll officers the container to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location.

2086

JOURNAL OF THE SENATE

21-2-485.
As soon as the polls are closed and the last elector has voted in precincts in which optical scanners are used, the poll officers shall:
(1) For central count optical scan ballots:
(A) Seal the ballot box and deliver the ballot box to the tabulating center, as designated by the superintendent; and
(B)(i) Examine the ballots and separate those ballots containing write-in votes.
(ii) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot voted by the same elector, so that write-in ballots may be identified with the corresponding ballots.
(iii) After the write-in ballots have been so marked, place the write-in ballots in an envelope marked 'Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballots.
(iv) Place any ballot that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked 'Defective Ballots' and place the envelope in the container with other ballots; and
(2) For precinct count optical scan ballots:
(A) Feed ballots from the auxiliary compartment of the ballot box, if any, through the tabulator; and
(B) After all ballots have been fed through the tabulator the poll officer shall cause the tabulator to print out a tape with the total votes cast in each election.
21-2-486.
The superintendent, in computing the votes cast at any election, shall compute and certify only those write-in votes properly cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-2-133 exactly as such names were written by the elector."
SECTION 19.
Said title is further amended by striking Code Section 21-2-599, relating to the punishment for felonies under Chapter 2, and inserting in lieu thereof the following:
"21-2-599.
Any person convicted of a felony under this chapter shall be punished by a fine not to exceed $2,000.00 $10,000.00 or imprisonment of not less than one year nor more than three ten years, or both, in the discretion of the trial court, or may be punished as for a misdemeanor in the discretion of the trial court."
SECTION 20.
Said title is further amended by striking in its entirety paragraph (15) of Code Section 21-3-2, relating to definitions applicable to municipal primaries and elections, and inserting in lieu thereof a new paragraph (15) to read as follows:
"(15) 'Official ballot' means a paper ballot which is furnished by the superintendent in accordance with Code Section 21-3-280, including ballots read by optical scanning tabulators."

THURSDAY, MARCH 19, 1998

2087

SECTION 21.
Said title is further amended by striking in its entirety Code Section 21-3-264, relating to use of optical scan voting systems, which reads as follows:
"21-3-264.

Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines."
SECTION 22.
Said title is further amended by inserting after Part 3 of Article 9 of Chapter 3 thereof new Parts 4 and 5 to read as follows:

21-3-265.

"Part 4

No optical scanning voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;
(2) It shall permit each elector, in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors;
(3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote;
(5) When used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;
(7) It shall be constructed of material of good quality in a neat and workmanlike manner;
(8) It shall, when properly operated, record correctly and accurately every vote cast;
(9) It shall be so constructed that an elector may readily learn the method of operating it; and
(10) It shall be safely transportable.
21-3-266.
The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of

2088

JOURNAL OF THE SENATE

optical scanning voting systems for recording and computing the vote at elections held in the municipality; and thereupon the governing authority shall purchase, lease, rent, "or otherwise procure optical scanning voting systems conforming to the requirements of this part.
21-3-267.
(a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter.
(b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one such system for each 200 electors therein, or fraction thereof.
(c) Optical scanning voting systems of different kinds may be used for different precincts in the same municipality.
(d) The governing authority shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.
21-3-268.
(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secretary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system.
(b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the optical scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter.
(c) No kind of optical scanning voting system not so approved shall be used at any primary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. Every municipality which has previously pur-

THURSDAY, MARCH 19, 1998

2089

chased an optical scanning voting system shall submit such system to the Secretary of State for examination not later than January 1, 1999.
(d) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind.
(e) Neither the Secretary of State, nor any custodian, nor the governing authority of any municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof.
21-3-269.
(a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used.
(b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors.
(c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.
21-3-270.
In primaries, separate optical scanners shall be used for each political party.
21-3-271.
(a) If ballot labels for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels.
(b) If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the municipality may purchase as many extra optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.
21-3-272.
Ballot cards shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on clear, white, or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this chapter for paper ballots.
21-3-273.
In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of

2090

JOURNAL OF THE SENATE

State, in specifying the form of the ballot, and the State Election Board, in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
21-3-274.
(a) The superintendent of each municipality shall cause the proper ballot labels to be placed on each set of optical scanning voting equipment which is to be used in any precinct within such municipality and shall cause each set of optical scanning voting equipment to be placed in proper order for voting.
(b) The superintendent shall appoint one custodian of optical scanning voting systems and such deputy custodians as may be necessary, whose duty it shall be to prepare the optical scanning voting systems to be used in the municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the municipality such compensation as shall be fixed by the governing authority of the municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the optical scanning voting systems as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent.
(c) On or before the third day preceding a primary or election, the superintendent shall have the optical scanners tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the optical scanner to reject such votes. The optical scanner shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the optical scanning voting equipment for voting at the various polling places to be used in the primary or election. In preparing the optical scanning voting equipment, he or she shall arrange the optical scanning voting equipment and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the optical scanning voting equipment, and file a certificate in the office of the superintendent that the equipment is in proper order with correct ballot labels.
(d) No superintendent, nor custodian, nor other employee of the superintendent shall in any way prevent free access to and examination of all optical scanning voting equipment which is to be used at the primary or election, by any interested persons.
(e) In every primary or election, the superintendent shall furnish, at the expense of the municipality, all ballot labels, forms of certificates, and other papers and supplies required under this chapter and which are not furnished by the Secretary of State, all

THURSDAY, MARCH 19, 1998

2091

of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State.
21-3-275.
(a) The superintendent shall deliver the proper optical scanning voting equipment, properly furnished, to the polling places at least one hour before the time set for opening the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting. The superintendent shall place each set of optical scanning voting equipment in a voting booth so that the ballot labels on the equipment can be plainly seen by the poll officers when not being voted on.
(b) The superintendent shall provide ample protection against molestation of and injury to the optical scanning voting equipment and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent.
(c) The superintendent shall furnish for each set of optical scanning voting equipment at least one hour before the opening of the polls:
(1) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and which shall be suitable for the use of poll officers in examining the equipment; and the lamp shall be prepared and in good order for use before the opening of the polls;
(2) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled -together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election and accompanied by directions for voting on the optical scanning voting equipment; and such sample ballots shall be posted prominently outside the enclosed space within the polling place; and
(3) A seal for sealing the optical scanning voting system after the polls are closed and such other materials and supplies as may be necessary or as may be required by law.
21-3-276.
During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of optical scanning voting equipment. Insofar as practicable, the equipment shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such equipment shall be under the charge and care of a person competent as custodian and instructor.
21-3-277.
(a) The superintendent shall designate a person or persons who shall have the custody of the optical scanning voting systems of the municipality when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the optical scanning voting systems.
(b) All optical scanning voting systems, when not in use, shall be properly covered and stored in a suitable place or places.

2092

JOURNAL OF THE SENATE

21-3-278.
"The governing authority of any municipality which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of optical scanning voting systems, provide for their payment by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties to meet all or any part of the cost of the optical scanning voting systems.
21-3-279.
If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning voting systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.
Part 5
21-3-279.1. .
No direct electronic recording voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;
(2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors;
(3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote;
(5) It shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;

THURSDAY, MARCH 19, 1998

2093

(7) It shall be constructed of material of good quality in a neat and workmanlike manner;
(8) It shall, when properly operated, record correctly and accurately every vote cast;
(9) It shall be so constructed that an elector may readily learn the method of operating it; and
(10) It shall be safely transportable.
21-3-279.2.
(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system.
(b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter.
(c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previously approved, it shall appear that the system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state.
(d) When a direct electronic recording voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of such system, or of its kind.
(e) Neither the Secretary of State, nor any custodian, nor the governing authority of any municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof.
21-3-279.3.
The governing authority of any municipality which adopts direct electronic recording voting systems in the manner provided for by this part shall, upon the purchase of direct electronic recording voting systems, provide for their payment by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of municipalities to meet all or any part of the cost of the direct electronic recording voting systems.
21-3-279.4.
The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the

2094

JOURNAL OF THE SENATE

purchase of direct electronic recording voting systems for recording and computing the vote at elections held in the municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure direct electronic recording voting systems conforming to the requirements of this part."
SECTION 23.
Said title is further amended in Code Section 21-3-317, relating to municipal poll watchers, by designating the existing language of subsection (b) as paragraph (1) of said subsection and inserting a new paragraph (2) of subsection (b) to read as follows:
"(2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, in which such party or body shall have at least one candidate no more than five official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate five official statewide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the chairperson or secretary of the municipal or other appropriate party executive committee. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers. Each state-wide poll watcher shall be given a letter signed by the chairperson and secretary of the municipal or other appropriate party executive committee. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off election."
SECTION 24.
Said title is further amended by adding after Part 4 of Article 11 of Chapter 3 thereof a new Part 5 to read as follows:
"Part 5
21-3-385.
(a) At the top of each ballot for an election in a precinct using optical scanning voting equipment shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election.
(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
(1) Optical scanners using ovals or squares. To vote blacken the oval or square (______) next to the candidate of your choice. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in section and blacken the oval or square next to the write-in section. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided.
(2) Optical scanners using arrows. To vote, complete the arrow (______) to the right of the name of the candidate for whom you wish to vote. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in space provided and complete the arrow. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided.

THURSDAY, MARCH 19, 1998

2095

(3) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of the persons inserted on the ballot by the elector -shall be manually written only within the write-in section and the insertion of such names outside such section or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited.
(c) The ballot for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party of body.
(d) The titles of offices may be arranged horizontally with the names of candidates for an office arranged transversely under the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot.
(e) The form and arrangement of ballots shall be prepared by the superintendent.
(f) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot as an independent.
(g) When presidential electors are to be elected, the names or the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States.
(h) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other statewide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State; and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to the question there shall be placed the words TES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked.
(i) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require.
21-3-385.1.
Ballots in a precinct using optical scanning voting equipment shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot.
21-3-385.2.
Ballots in a precinct using optical scanning voting equipment for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines, vote recorders, or optical scanners the ballots may be in substantially the form

2096

JOURNAL OF THE SENATE

for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State.
21-3-385.3.
(a) In primaries and elections in which optical scanners are used, the ballots shall be counted at the precinct or tabulating center under the direction of the superintendent. All persons who perform any duties at the tabulating center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot, container, paper, or machine utilized in the conduct of the count or be permitted to be inside the area designated for officers deputized to conduct the count.
(b) All proceedings at the tabulating center and precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or the superintendent's authorized deputy shall touch any ballot or ballot container.
(c) At the tabulating center, the seal on each container of ballots shall be inspected, and it shall be certified that the seal has not been broken before the container is opened. The ballots and other contents of the container shall then be removed, and the ballots shall be prepared for processing by the tabulating machines. The ballots of each polling place shall be plainly identified and cannot be commingled with the ballots of other polling places.
(d) Upon completion of tabulation of the votes, the superintendent shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged;
(2) The number of spoiled and invalid ballots; and
(3) The number of unused ballots.
The superintendent shall cause to be placed one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot supply container.
(e) For any election for which there is a qualified write-in candidate, the feature on precinct count and central count tabulators allowing separation of write-in votes shall be utilized. If any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot exceeds the allowed number for the office, the vote cast for that office only shall not be counted. In the discretion of the superintendent, either a duplicate ballot shall be made on which any invalid vote shall be omitted or the write-in ballot and the ballot shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote.
(f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his or her discretion, may order the proper election official at the tabulating center or precinct to prepare a true duplicate copy for processing with the ballots of the same polling place, which shall be verified in the presence of a witness. All duplicate ballots shall be clearly labeled by the word 'duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the defective ballot. The defective ballot shall be retained.

THURSDAY, MARCH 19, 1998

2097

(g) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot that cannot be processed by the tabulator for reevaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed.
(h) The official returns of the votes cast on ballots at each polling place shall be printed by the tabulating machine. The returns thus prepared shall be certified and promptly posted. The ballots, spoiled, defective, and invalid ballots, and returns shall be filed and retained as provided by law.
21-3-385.4.
Upon completion of voting, the manager shall prepare and sign a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged;
(2) The number of spoiled and invalid ballots; and
(3) The number of unused ballots.
The manager shall then place one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot container, along with the voted ballots, which shall be sealed by the manager so that it cannot be opened without breaking the seal. The managers shall then deliver in the custody of at least two poll officers the container to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The remaining copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location.
21-3-385.5.
As soon as the polls are closed and the last elector has voted in precincts in which optical scanners are used, the poll officers shall:
(1) For central count optical scan ballots:
(A) Seal the ballot box and deliver the ballot box to the tabulating center, as designated by the superintendent; and
(B)(i) Examine the ballots and separate those ballots containing write-in votes.
(ii) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot voted by the same elector, so that write-in ballots may be identified with the corresponding ballots.
(iii) After the write-in ballots have been so marked, place the write-in ballots in an envelope marked 'Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballots.
(iv) Place any ballot that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked 'Defective Ballots' and place the envelope in the container with other ballots; and
(2) For precinct count optical scan ballots:
(A) Feed ballots from the auxiliary compartment of the ballot box, if any, through the tabulator; and

2098

JOURNAL OF THE SENATE

(B) After all ballots have been fed through the tabulator the poll officer shall cause the tabulator to print out a tape with the total votes cast in each election.
~ 21-3-385.6.
The superintendent, in computing the votes cast at any election, shall compute and certify only those write-in votes properly cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-2-133 exactly as such names were written by the elector."
PART II
SECTION 25.
Title 21 of the Official Code of Georgia Annotated, relating to elections, as amended by SB 630 enacted at the 1998 session of the General Assembly, is amended by striking in its entirety paragraph (18) of Code Section 21-2-2, relating to definitions applicable to primaries and elections generally, and inserting in lieu thereof a new paragraph (18) to read as follows:
"(18) 'Official ballot' means a paper ballot which is furnished by the superintendent or governing authority in accordance with Code Section 21-2-280, including ballots read by optical scanning tabulators."
SECTION 26.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking paragraph (22) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof the following:
"(22) 'Plurality' means the receiving by one candidate alone of the highest number of votes cast for eligible candidates in an election among the candidates for the same office, provided that such number of votes exceeds 45 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total votes cast for eligible candidates in the election for the office sought there is no plurality."
SECTION 27.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-33.1, relating to the enforcement of Chapter 2, so as to strike subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(1) To cease and desist from committing further violations; and
(2) To pay a civil penalty not to exceed $1,000.00 $5,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. Such penalty may be assessed against an individual, a governing authority which employs or compensates an individual, or both, as the State Election Board deems appropriate;
(3) To publicly reprimand an individual or governing authority found to have committed a violation;

THURSDAY, MARCH 19, 1998

2099

(4) To require that restitution be paid to a state, county, or city governing authority when it has suffered a monetary loss or damage as the result of a violation;
(5) To require individuals to attend training as specified by the board; and
(6) To assess investigative costs incurred by the board against an individual or the governing authority which employs or compensates an individual found to have committed a violation."
SECTION 28.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-100, relating to thr training of local election officials, and inserting in lieu thereof the following:
"21-2-100.
(a) The election superintendent and at least one registrar of the county or municipality or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State.
(b) The basis for the minimum requirement of training shall be two calendar years.
(c) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent, registrar, or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State.
(d) The cost of the training shall be borne by the governing authority of each county from county funds and by the municipal governing authority from municipal funds.
(e) A superintendent and the governing authority which employs the superintendent may be fined by the State Election Board for failure to attend the training required in this Code section.
fe)(f) The minimum training required under this Code section shall not apply to deputy registrars."
SECTION 29.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-220, relating to applications for registration, and inserting in lieu thereof the following:
"21-2-220.
(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223.
(b) Notwithstanding any other provision of this title, whenever a person makes application to register in person or through the means specified in this Code section, the person authorized to offer registration shall inquire as to whether the individual seeking registration is a citizen of the United States, and the person offering registration

2100

JOURNAL OF THE SENATE

shall not be required to offer registration to an individual who answers such inquiry with a negative response.
ftrXc) If an applicant fails to provide all of the required information on the application for voter registration, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected.
(c)(d) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for criminal prosecution. If the false information is not discovered until after the applicant's application has been approved and the applicant's name added to the list of electors, the giving of such false information shall be cause to challenge the applicant's right to remain on the list of electors, which, if sustained, shall result in such applicant's name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution."
SECTION 30.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking subsection (a) of Code Section 21-2-230, relating to the challenge of persons on a list of electors by other electors, and inserting in lieu thereof the following:
"(a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to (lib cluhe uf the polls 12:00 Noon on the day of the election."
SECTION 31.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to the Secretary of State, and inserting in lieu thereof the following:
"21-2-231.
(a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the county.
(b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed

THURSDAY, MARCH 19, 1998

2101

by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed.
(c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics.
(d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail.
(e) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the governing authority for whom the registrars are acting to a fine by the State Election Board."
SECTION 32.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking subsection (a) of Code Section 21-2-265, relating to polling places, and inserting in lieu thereof the following:
"(a) The superintendent of a county or the governing authority of a municipality shall select and fix the polling place within each precinct and may, either on his, her, or its own motion or on petition of ten electors of a precinct, change the polling place within any precinct. Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which emergency or event renders any polling place unavailable for use at such primary or election, the superintendent of a county or the governing authority of a municipality shall not change any polling place until at leasL ten days aflei notice of the proposed change shall have been published for once a week for two consecutive weeks in the legal organ for the county or municipality in which the polling place is located. Additionally, on the first election day following such change, a notice of such change shall be posted on the existing previous polling place and at three other places in the immediate vicinity thereof and until at least five dayt.
fl.ip&r \Vi*ittcii liOt-iCe 0T Lilt; ^nu^juScCl ullcHlj^t; Slicili llcivd;Oceii j^lVcii CO1116 OCC u.^jLilL Ol
uwnei uf such pulling place ui his ui hei agenl. The occupant or owner of the previous polling place, or his or her agent, shall be notified in writing of such change at the time notice is published in the legal organ."
SECTION 33.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-284, relating to the form of the official primary ballot, and inserting in lieu thereof the following:

2102

JOURNAL OF THE SENATE

"21-2-284.
- (a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be printed in prominent type the words 'OFFICIAL PRIMARY BALLOT OF _________ PARTY FOR,' followed by the designation of the precinct for which it is prepared and the name and date of the primary.
(b) Immediately under this caption, the following directions shall be printed: 'Place a cross (X) or check (/) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.'
(c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certified to the superintendent or Secretary of State as having so qualified shall be printed on the ballots, except unopposed candidates in municipal primaries where the municipal charter or ordinance does not prohibit the omission of such candidates' names from the ballot. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for.
(d) If at any general primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words 'Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark. If at any municipal primary a political party shall submit to its members any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expression of his or her choice as to such matter or question.
(e) Each ballot shall have printed thereon the following:
T understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'
(e-)(f) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require."
SECTION 34.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-285, relating to the form of the official election ballot, and inserting in lieu thereof the following:
"21-2-285.
(a) At the top of each ballot for an election shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election.

THURSDAY, MARCH 19, 1998

2103

(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
(1) To vote for presidential electors, mark a cross (X) or check (/) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. Place a cross (X) or check (/) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.
(2) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such names outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited.
(c) Immediately under the directions, the names of all candidates who have been nominated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. In a primary or special election, said names shall be arranged alphabetically by last name under the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. In a general election, the names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading 'Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a blank column sufficient for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check (/) mark.
(d) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column.
(e) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States.

2104

JOURNAL OF THE SENATE

(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may he printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark unless otherwise directed by the General Assembly.
(g) When proposed questions are submitted to a vote of municipal electors, each question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. To the left of each question there shall be placed the words Tes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark unless otherwise directed by the General Assembly.
(h) Each ballot shall have printed thereon the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'
flr)(i) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require.
tr)(j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a general or special municipal election, no election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate within a precinct.
<j)(k) When, pursuant to subsection fr) (j) of this Code section, no election is to be conducted, the municipality shall provide notice reasonably calculated to inform the affected electorate that no election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself or herself. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-502."
SECTION 35.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by designating current subsection (j) of Code Section 21-2-325, relating to the form of ballot labels generally, as subsection (k) and inserting a new subsection (j) to read as follows:
"(j) Within the instruction section of the ballot label there shall be printed the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'"

THURSDAY, MARCH 19, 1998

2105

SECTION 36.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-354, relating to the form of ballot labels, and inserting in lieu thereof the following:
"21-2-354.
(a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the vote recorder, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used.
(b) The arrangement of offices, names of candidates, and questions upon the ballot labels shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page.
(c) Within the instruction section of the ballot label there shall be printed the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'
(cXd) The form and arrangement of ballot labels shall be prescribed by the Secretary of State and prepared by the superintendent.
ftrKe) The form and arrangements of ballot labels in municipal primaries and elections shall be prepared by the superintendent."
SECTION 37.
Said title, as amended by SB 630 enacted at the 1998 session of the General Assembly, is further amended by inserting after Part 3 of Article 9 of Chapter 2 thereof new Parts 4 and 5 to read as follows:
"Part 4
21-2-365.
No optical scanning voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;
(2) It shall permit each elector, in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors;
(3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for

2106

JOURNAL OF THE SENATE

election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote;
(5) When used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;
(7) It shall be constructed of material of good quality in a neat and workmanlike manner;
(8) It shall, when properly operated, record correctly and accurately every vote cast;
(9) It shall be so constructed that an elector may readily learn the method of operating it; and
(10) It shall be safely transportable.
21-2-366.
The governing authority of any county or municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of optical scanning voting systems for recording and computing the vote at elections held in the county or municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part.
21-2-367.
(a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the county or municipality. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter.
(b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one such system for each 200 electors therein, or fraction thereof.
(c) Optical scanning voting systems of different kinds may be used for different precincts in the same county or municipality.
(d) The governing authority shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.
21-2-368.
(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secretary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine

THURSDAY, MARCH 19, 1998

2107

any optical scanning voting system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any optical scanning voting system.
(b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the optical scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter.
(c) No kind of optical scanning voting system not so approved shall be used at any primary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. Every county or municipality which has previously purchased an optical scanning voting system shall submit such system to the Secretary of State for examination not later than January 1, 1999.
(d) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind.
(e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof.
21-2-369.
(a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the optical scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used.
(b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors.
(c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.
21-2-370.
In primaries, separate optical scanners shall be used for each political party.
21-2-371.
(a) If ballot labels for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall

2108

JOURNAL OF THE SENATE

cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels.
(b) If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the county or municipality may purchase as many extra optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes.
21-2-372.
Ballot cards shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on clear, white, or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this chapter for paper ballots.
21-2-373.
In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
21-2-374.
(a) The superintendent of each county or municipality shall cause the proper ballot labels to be placed on each set of optical scanning voting equipment which is to be used in any precinct within such county or municipality and shall cause each set of optical scanning voting equipment to be placed in proper order for voting.
(b) The superintendent shall appoint one custodian of optical scanning voting systems and such deputy custodians as may be necessary, whose duty it shall be to prepare the optical scanning voting systems to be used in the county or municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county or municipality such compensation as shall be fixed by the governing authority of the county or municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the optical scanning voting systems as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent.
(c) On or before the third day preceding a primary or election, the superintendent shall have the optical scanners tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which have

THURSDAY, MARCH 19, 1998

2109

votes in excess of the number allowed by law in order to test the ability of the optical scanner to reject such votes. The optical scanner shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the optical scanning voting equipment for voting at the various polling places to be used in the primary or election. In preparing the optical scanning voting equipment, he or she shall arrange the optical scanning voting equipment and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the optical scanning voting equipment, and file a certificate in the office of the superintendent that the equipment is in proper order with correct ballot labels.
(d) No superintendent, nor custodian, nor other employee of the superintendent shall in any way prevent free access to and examination of all optical scanning voting equipment which is to be used at the primary or election, by any interested persons.
(e) In every primary or election, the superintendent shall furnish, at the expense of the county or municipality, all ballot labels, forms of certificates, and other papers and supplies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State.
21-2-375.
(a) The superintendent shall deliver the proper optical scanning voting equipment, properly furnished, to the polling places at least one hour before the time set for opening the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting. The superintendent shall place each set of optical scanning voting equipment in a voting booth so that the ballot labels on the equipment can be plainly seen by the poll officers when not being voted on.
(b) The superintendent shall provide ample protection against molestation of and injury to the optical scanning voting equipment and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent.
(c) The superintendent shall furnish for each set of optical scanning voting equipment at least one hour before the opening of the polls:
(1) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and which shall be suitable for the use of poll officers in examining the equipment; and the lamp shall be prepared and in good order for use before the opening of the polls;
(2) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election and accompanied by directions for voting on the optical scanning voting equipment; and such sample ballots shall be posted prominently outside the enclosed space within the polling place; and
(3) A seal for sealing the optical scanning voting system after the polls are closed and such other materials and supplies as may be necessary or as may be required by law.

2110

JOURNAL OF THE SENATE

21-2-376.
During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of optical scanning voting equipment. Insofar as practicable, the equipment shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such equipment shall be under the charge and care of a person competent as custodian and instructor.
21-2-377.
(a) The superintendent shall designate a person or persons who shall have the custody of the optical scanning voting systems of the county or municipality when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the optical scanning voting systems.
(b) All optical scanning voting systems, when not in use, shall be properly covered and stored in a suitable place or places.
21-2-378.
The governing authority of any county or municipality which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of optical scanning voting systems, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the optical scanning voting systems.
21-2-379.
If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning voting systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.
Part 5
21-2-379.1.
No direct electronic recording voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;
(2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors;

THURSDAY, MARCH 19, 1998

2111

(3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote;
(5) It shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;
(7) It shall be constructed of material of good quality in a neat and workmanlike manner;
(8) It shall, when properly operated, record correctly and accurately every vote cast;
(9) It shall be so constructed that an elector may readily learn the method of operating it; and
(10) It shall be safely transportable.
21-2-379.2.
(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct electronic recording voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any such system previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any such system.
(b) The Secretary of State shall thereupon examine or reexamine such direct electronic recording voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the system can be so used, the system shall be deemed approved; and systems of its kind may be adopted for use at primaries and elections as provided in this chapter.
(c) No kind of direct electronic recording voting system not so approved shall be used at any primary or election and if, upon the reexamination of any such system previously approved, it shall appear that the system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such system shall thereafter be purchased for use or be used in this state.

2112

JOURNAL OF THE SENATE

(d) When a direct electronic recording voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall - render necessary a reexamination or reapproval of such system, or of its kind.
(e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any direct electronic recording voting system or in the manufacture or sale thereof.
21-2-379.3.
The governing authority of any county or municipality which adopts direct electronic recording voting systems in the manner provided for by this part shall, upon the purchase of direct electronic recording voting systems, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the direct electronic recording voting systems.
21-2-379.4.
The governing authority of any county or municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the purchase of direct electronic recording voting systems for recording and computing the vote at elections held in the county or municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure direct electronic recording voting systems conforming to the requirements of this part."
SECTION 38.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-383, relating to the preparation and delivery of ballots, and inserting in lieu thereof the following:
"21-2-383.
Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed un the face theieuf with other instructions thereon the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.'
The form for either ballot shall be determined and prescribed by the Secretary of State, except in municipal primaries or elections, in which the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintendent."
SECTION 39.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking subsections (a) and (b) of Code Section 21-2-386, relating to

THURSDAY, MARCH 19, 1998

2113

safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof the following:
~"(a)(l) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.
(2) After 5.00 P.M. 12:00 Noon and until the closing of the polls on the day of the primary or election, the registrars or absentee ballot clerks shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars or absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.' At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks must be present before commencing.
(b) After tius clubH uf Hie pulls As soon as practicable after 12:00 Noon on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager

2114

JOURNAL OF THE SENATE

in charge of the absentee ballot precinct of the county, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. After the close of the polls on the day of the election, such Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots and shall count the absentee ballots for the county in the manner as prescribed above. In no event shall the counting of the ballots begin before the polls close."
SECTION 40.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended in Code Section 21-2-408, relating to poll watchers, by designating the existing language of subsection (b) as paragraph (1) of said subsection, inserting a new paragraph (2) of subsection (b), and striking subsection (d) and inserting in lieu thereof a new subsection (d), so that paragraph (2) of subsection (b) and subsection (d) read as follows:
"(2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-110 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to such election or run-off election, no more than five official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate five official state-wide poll watchers. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate five official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers. Each state-wide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of each county in which the poll watcher might serve."
"(d) Notwithstanding any other provisions of this chapter, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by

THURSDAY, MARCH 19, 1998

2115

the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and either the precinct or tabulating center in which the poll watcher shall serve or a statement that such poll watcher is a state-wide poll watcher. The poll watcher shall wear such badge at all times while serving as a poll watcher."
SECTION 41.
Said title, as amended by SB 630 enacted at the 1998 session of the General Assembly, is further amended by inserting after Part 4 of Article 11 of Chapter 2 thereof a new Part 5 to read as follows:
"Part 5
21-2-480.
(a) At the top of each ballot for an election in a precinct using optical scanning voting equipment shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election.
(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
(1) Optical scanners using ovals or squares. To vote blacken the oval or square (______) next to the candidate of your choice. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in section and blacken the oval or square next to the write-in section. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided.
(2) Optical scanners using arrows. To vote, complete the arrow (______) to the right of the name of the candidate for whom you wish to vote. To vote for a person whose name is not on the ballot, manually write his or her name in the write-in space provided and complete the arrow. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided.
(3) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of the persons inserted on the ballot by the elector shall be manually written only within the write-in section and the insertion of such names outside such section or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited.
(c) The ballot for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party of body.
(d) The titles of offices may be arranged horizontally with the names of candidates for an office arranged transversely under the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot.
(e) The form and arrangement of ballots shall be prepared by the superintendent.
(f) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by

2116

JOURNAL OF THE SENATE

virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot as an independent.
(g) When presidential electors are to be elected, the names or the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States.
(h) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other statewide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State; and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to the question there shall be placed the words TfES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked.
(i) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require.
21-2-481.
Ballots in a precinct using optical scanning voting equipment shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot.
21-2-482.
Ballots in a precinct using optical scanning voting equipment for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties or municipalities using voting machines, vote recorders, or optical scanners the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State.
21-2-483.
(a) In primaries and elections in which optical scanners are used, the ballots shall be counted at the precinct or tabulating center under the direction of the superintendent. All persons who perform any duties at the tabulating center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot, container, paper, or machine utilized in the conduct of the count or be permitted to be inside the area designated for officers deputized to conduct the count.

THURSDAY, MARCH 19, 1998

2117

(b) All proceedings at the tabulating center and precincts shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or the superintendent's authorized deputy shall touch any ballot or ballot container.
(c) At the tabulating center, the seal on each container of ballots shall be inspected, and it shall be certified that the seal has not been broken before the container is opened. The ballots and other contents of the container shall then be removed, and the ballots shall be prepared for processing by the tabulating machines. The ballots of each polling place shall be plainly identified and cannot be commingled with the. ballots of other polling places.
(d) Upon completion of tabulation of the votes, the superintendent shall cause to be completed and signed a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged;
(2) The number of spoiled and invalid ballots; and
(3) The number of unused ballots.
The superintendent shall cause to be placed one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot supply container.
(e) For any election for which there is a qualified write-in candidate, the feature on precinct count and central count tabulators allowing separation of write-in votes shall be utilized. If any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot exceeds the allowed number for the office, the vote cast for that office only shall not be counted. In the discretion of the superintendent, either a duplicate ballot shall be made on which any invalid vote shall be omitted or the write-in ballot and the ballot shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote.
(f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his or her discretion, may order the proper election official at the tabulating center or precinct to prepare a true duplicate copy for processing with the ballots of the same polling place, which shall be verified in the presence of a witness. All duplicate ballots shall be clearly labeled by the word 'duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the defective ballot. The defective ballot shall be retained.
(g) The precinct tabulator shall be programmed to return to the voter at the time that the voter inserts the ballot any ballot that cannot be processed by the tabulator for reevaluation or correction or spoiling of the ballot, and a new ballot shall be issued if needed.
(h) The official returns of the votes cast on ballots at each polling place shall be printed by the tabulating machine. The returns thus prepared shall be certified and promptly posted. The ballots, spoiled, defective, and invalid ballots, and returns shall be filed and retained as provided by law.
21-2-484.
Upon completion of voting, the manager shall prepare and sign a ballot recap form, in sufficient counterparts, showing:
(1) The number of valid ballots, including any that are damaged;
(2) The number of spoiled and invalid ballots; and

2118

JOURNAL OF THE SENATE

(3) The number of unused ballots.
The manager shall then place one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot container, along with the voted ballots, which shall be sealed by the manager so that it cannot be opened without breaking the seal. The managers shall then deliver in the custody of at least two poll officers the container to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location.
21-2-485.
As soon as the polls are closed and the last elector has voted in precincts in which optical scanners are used, the poll officers shall:
(1) For central count optical scan ballots:
(A) Seal the ballot box and deliver the ballot box to the tabulating center, as designated by the superintendent; and
(B)(i) Examine the ballots and separate those ballots containing write-in votes.
(ii) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot voted by the same elector, so that write-in ballots may be identified with the corresponding ballots.
(iii) After the write-in ballots have been so marked, place the write-in ballots in an envelope marked 'Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballots.
(iv) Place any ballot that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked 'Defective Ballots' and place the envelope in the container with other ballots; and
(2) For precinct count optical scan ballots:
(A) Feed ballots from the auxiliary compartment of the ballot box, if any, through the tabulator; and
(B) After all ballots have been fed through the tabulator the poll officer shall cause the tabulator to print out a tape with the total votes cast in each election.
21-2-486.
The superintendent, in computing the votes cast at any election, shall compute and certify only those write-in votes properly cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-2-133 exactly as such names were written by the elector."
SECTION 42.
Said title, as revised by SB 630 enacted at the 1998 session of the General Assembly, is further amended by striking Code Section 21-2-600, relating to the punishment for felonies under Chapter 2, and inserting in lieu thereof the following:
"21-2-600.
Any person convicted of a felony under this chapter shall be punished by a fine not to exceed $2,000.00 $10,000.00 or imprisonment of not less than one year nor more than

THURSDAY, MARCH 19, 1998

2119

three ten years, or both, in the discretion of the trial court, or may be punished as for a misdemeanor in the discretion of the trial court."
PART III
SECTION 43.
Sections 17 and 23 of this Act shall become effective on July 1, 1998. The remainder of Part I and this part of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part II of this Act shall become effective January 1, 1999, unless SB 630 as enacted by the 1998 session of the General Assembly does not become law or is not approved by the United States Department of Justice prior to that date. If SB 630 as enacted by the 1998 session of the General Assembly does not become law, Part II of this Act shall stand automatically repealed on January 1, 1999. If SB 630 as enacted by the 1998 session of the General Assembly is not approved by the United States Department of Justice prior to January 1, 1999, Part II of this Act shall become effective on the date such approval is obtained. If SB 630 as enacted by the 1998 session of the General Assembly is rejected by the United States Department of Justice, then Part II of this Act shall stand automatically repealed on the date of such rejection.
SECTION 44.
All laws and parts of laws in conflict with this Act are repealed.
Senator Turner of the 8th moved that the Senate adopt the Conference Committee report on HB 1268.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy

Y Griffin

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

EX Ray

Y Broun, 46th

Y Hooks

Roberts

Y Brown, 26th

Y Huggins

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

EX Tanksley

Y Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

Langford

Y Thomas,N

Egan

Y Madden

Y Thompson

Y Port

Y Marable

Y Turner

Y Gillis

Y Middleton

Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1268.

Senator Burton of the 5th asked unanimous consent that he be recorded as voting yea on the motion to adopt the Conference Committee report on HB 1268, as he was trying to ask a question when the vote concluded.

The consent was granted and Senator Burton of the 5th was shown voting yea.

2120

JOURNAL OF THE SENATE

The following bill was taken up to consider the Conference Committee report thereto:

HB 1202. By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24th:

A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualifying fees, so as to provide that for certain offices, the qualifying fee shall be based on the minimum salary mandated by general law.

The Conference Committee report was as follows:

The Committee of Conference on HB 1202 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1202 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ Paul C. Broun
Senator, 46th District /si Nadine Thomas
Senator, 10th District Is/ Hugh M. Gillis, Sr.
Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Mary Louise McBee Representative, 88th District /s/ Bob Holmes Representative, 53rd District /s/ Helen G. Sistie Hudson Representative, 120th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1202

A BILL
To be entitled an Act to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualification fees, so as to provide that for certain offices, the qualification fee shall be based on the minimum salary mandated by general law; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualification fees, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office; provided, however, that for the offices of clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;".

THURSDAY, MARCH 19, 1998

2121

SECTION 2.
Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualification fees, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:
"(1) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office; provided, however, that for the offices of clerk of the superior court, judge of the probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried office, a reasonable fee shall be set by the county governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year or more than $35.00 for a municipal office;".
SECTION 3.
Sections 1, 3, and 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective January 1, 1999, unless SB 630 as enacted by the 1998 session of the General Assembly does not become law or is not approved by the United States Department of Justice prior to that date. If SB 630 as enacted by the 1998 session of the General Assembly does not become law, Section 2 of this Act shall stand automatically repealed on January 1, 1999. If SB 630 as enacted by the 1998 session of the General Assembly is not approved by the United States Department of Justice prior to January 1, 1999, Section 2 of this Act shall become effective on the date such approval is obtained. If SB 630 as enacted by the 1998 session of the General Assembly is rejected by the United States Department of Justice, then Section 2 of this Act shall stand automatically repealed on the date of such rejection.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Broun of the 46th moved that the Senate adopt the Conference Committee report on HB 1202.
On the motion, 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 Crotts
Y Dean Egan Fort
Y Gillis Y Glanton Y Gochenour Y Griffin
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
Langford

2122

JOURNAL OF THE SENATE

Y Madden

Y Ralston

Y Taylor

Y Marable

EX Ray

Y Thomas,D

Y Middleton

Y Roberts

Y Thomas,N

Y Oliver

Scott

Y Thompson

Y Perdue

Y Starr

Y Turner

Y Price,R

Y Stokes

Y Tysinger

Y Price,T

Y Streat

Walker

Y Ragan

EX Tanksley

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1202.

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

HB 1448. By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.
Senator Brush of the 24th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the President appointed as a Conference Committee thefollowing: Senators Brush of the 24th, Thompson of the 33rd and Hill of the 4th.
His Excellency, Governor Zell Miller addressed the Senate briefly.
At 6:30 P.M., the President announced that the Senate would stand in recess until 7:30 P.M.
At 7:30 P.M., Senator Perdue of the 18th, President Pro Tempore, called the Senate to order.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the following resolution of the House:
HR 1106. By Representatives Snow of the 2nd, Murphy of the 18th, Perry of the llth and others:
A resolution designating the William "Billy" Shaw Abney Memorial Highway.
The following bill was taken up to consider House action thereto:

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.

THURSDAY, MARCH 19, 1998

2123

Senator Dean of the 31st moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the President appointed as a Conference Committee thefollowing: Senators Brown of the 26th, Oliver of the 42nd and Perdue of the 18th.
The following bill was taken up to consider the Conference Committee report thereto:

HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th and others:

A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties.

The Conference Committee report was as follows:

The Committee of Conference on HB 1730 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1730 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Mary Margaret Oliver
Senator, 42nd District /s/ David Ralston
Senator, 51st District /s/ Clay Land
Senator, 16th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Larry Walker Representative, 141st District /s/ Arnold Mays Ragas Representative, 64th District /s/ Robert (Bob) Irvin Representative, 45th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1730

A BILL
To be entitled an Act to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to remove ambiguity and clarify the intent of the General Assembly that certain dismissed civil cases may be recommenced in federal court; to provide when attorney's fees and expenses may be requested in claims by a party that the claims against such party are subject to dismissal on the ground that the suit arose from an act of the defendant in furtherance of the right of free speech or the right to petition government for a redress of grievances; to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties; to provide for definitions; to provide for judicial review of such actions upon their filing; to provide for dismissal of the pleading under certain conditions; to provide for practice and procedure; to provide for appellate review; to provide for other related matters; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2124

JOURNAL OF THE SENATE

SECTION 1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety subsection (a) of Code Section 9-2-61, relating to renewal of a case after dismissal, and inserting in its place the following:
"(a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state 01, if peunitted by Llie fedeial mleb uf civil piuceduiB, in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once."
SECTION 2.
Said title is further amended by inserting in Code Section 9-11-11.1, relating to claims arising from exercise of rights of freedom of speech and right to petition government for redress of grievances, a new subsection to be designated subsection (f) to read as follows:
"(f) Attorney's fees and expenses under this Code section may be requested by motion at any time during the course of the action but not later than 45 days after the final disposition, including but not limited to dismissal by the plaintiff, of the action."
SECTION 3.
Said title is further amended in Chapter 15, relating to court and litigation costs in civil actions, by adding at its end a new Code Section 9-15-15 to read as follows:
"9-15-15.
(a) When any civil action is brought against a judicial officer, other than an action for quo warranto, mandamus, or an action brought under Title 42, Section 1983 of the United States Code, and such action arises out of the performance of the judicial officer's official duties, the plaintiff shall be liable for all attorney's fees and expenses incurred in the defense of the action if the action is concluded in favor of the judicial officer, and the court finds that an attorney or party brought an action that lacked substantial justification or that the action, or any part of the action, was interposed for delay or harassment. As used in this Code section, 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexations. For purposes of this Code section, judicial officers shall include Justices and Judges of the appellate courts of Georgia and judges of the superior, state, probate, juvenile, magistrate, and municipal courts.
(b) The provisions of subsection (a) of this Code section shall apply both with respect to actions brought against a judicial officer in his or her official capacity and with respect to actions brought against a judicial officer in his or her individual capacity where the action arises out of the performance of the judicial officer's official duties.
(c) Recovery may be had under subsection (a) of this Code section by the state or by a unit of local government with respect to attorney's fees and expenses incurred by the state or by the unit of local government. Where recovery by a governmental unit is so authorized, recovery shall be authorized for attorney's fees paid to outside counsel as well as for compensation paid to counsel employed by the governmental unit. Recovery may also be had under subsection (a) of this Code section with respect to attorney's fees and expenses personally incurred by a judicial officer. Recovery under sub-

THURSDAY, MARCH 19, 1998

2125

section (a) of this Code section shall include any attorney's fees and expenses incurred in appellate proceedings arising out of an action subject to this Code section.
(d) When a civil action against a judicial officer, other than an action for quo warranto, mandamus, or an action brought under Title 42, Section 1983 of the United States Code, which action arises out of the performance of the judicial officer's official duties is presented for filing, the clerk of court shall file the matter but shall present the complaint or other initial pleading to the district court administrator for the judicial circuit where the action was filed, to assign to a superior court judge of that circuit. If the action is filed against a Judge or Justice of an appellate court, the chief Judge or Justice shall assign the matter to a member of that court. The judge shall review the pleading and, if the judge determines that the pleading shows on its face such a complete absence of any justiciable issue of law or fact that it cannot be reasonably believed that the court could grant any relief against any party named in the pleading, then the judge shall enter an order dismissing the pleading. An order dismissing the pleading shall be appealable in the same manner as an order dismissing an action.
(e) Attorney's fees and expenses under this Code section may be requested by motion at any time during the course of the action but not later than 45 days after the final disposition of the action.
(f) An award of reasonable and necessary attorney's fees or expenses of litigation under this Code section shall be determined by the court without a jury and shall be made by an order of court which shall constitute and be enforceable as a money judgment."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall apply to cases pending on such date or dismissed or discontinued after such date.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate adopt the Conference Committee report on HB 1730.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy Y Balfour Y Blitch Y Boshears Y Bowen
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 Y James Y Johnson,D Y Johnson,E Y Kemp

Y Lamutt Y Land
Langford Y Madden Y Marable
Middleton Y Oliver
Perdue(PRS) Y Price,R Y Price,T Y Ragan Y Ralston Y Ray Y Roberts Y Scott

2126

JOURNAL OF THE SENATE

Starr Y Stokes Y Streat Y Tanksley

Y Taylor Y Thomas,D
Thomas.N Thompson

Y Turner Y Tysinger
Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1730.

The following bills were taken up to consider House action thereto:

HB 408. By Representative Barnes of the 33rd:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located.
Senator Oliver of the 42nd moved that the Senate insist on its amendments to HB 408.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate insisted on its amendments to HB 408.

SB 600. By Senators Crotts of the 17th, Lamutt of the 21st, Guhl of the 45th and others:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Annotated, relating to hearings on proposed zoning decisions, so as to provide for zoning ordinances which automatically zone certain property which is annexed or deannexed subject to certain conditions; to provide for limitations.
The House amendment was as follows:

Amend SB 600 by adding after the first semicolon on line 6 of page 1 the following:
"to specify notice requirements for hearings relating to certain types of facilities;".
By striking the words "a new subsection" on line 12 of page 1 and inserting in place thereof the words "new subsections (e) and (f)".
By striking the quotation mark on line 5 of page 2 and inserting between lines 5 and 6 of page 2 the following:
"(f) When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under subsection (a) of this Code section. The local government shall give notice of such hearing by:
(1) Posting notice on the affected premises in the manner prescribed by subsection (b) of this Code section; and

THURSDAY, MARCH 19, 1998

2127

(2) Publishing in a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.
Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.'"
Senator Crotts of the 17th moved that the Senate agree to the House amendment to SB 600.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Griffin

Y Price,R

Y Balfour

Guhl

Y Price,T

Y Blitch

Harbison

Y Ragan

Y Boshears

Henson

Ralston

Y Bowen

Hill

Y Ray

Y Broun, 46th

Hooks

Y Roberts

N Brown, 26th

Huggins

Y Scott

Brush

James

Y Starr

Y Burton

Johnson.D

Y Stokes

Y Cagle

Johnson.E

Y Streat

Y Cheeks

Kemp

Y Tanksley

Y Clay

Lamutt

Y Taylor

Crotts

Land

Y Thomas,D

Y Dean

Langford

Thomas,N

Egan

Madden

Y Thompson

Y Fort

Marable

Y Turner

Y Gillis

Middleton

Y Tysinger

Y Glanton

Oliver

Walker

Y Gochenour

Perdue(PRS)

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed

to the House amendment to SB 600.

HB 942. By Representatives Holmes of the 53rd, Byrd of the 170th, Greene of the 158th and others:

A bill to amend Code Section 21-4-6 of the Official Code of Georgia Annotated, relating to the review of grounds for a recall petition, so as to provide for required elements of such review; to provide for the burden of proof; to provide for discovery; to provide for judicial orders.

Senator Price of the 56th moved that the Senate recede from its amendment to HB 942.

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

Abernathy N Balfour
Blitch Boshears Y Bowen Y Broun, 46th

N Brown, 26th Brush
Y Burton N Cagle Y Cheeks N Clay

Y Crotts Y Dean Y Egan Y Fort Y Gillis

2128

JOURNAL OF THE SENATE

Y Glanton

N Lamutt

N Roberts

N Gochenour

Y Land

Y Scott

Y Griffin

Langford

Y Starr

Y Guhl

Y Madden

Stokes

Y Harbison

Y Marable

N Streat

Y Henson

Y Middleton

Y Tanksley

Y Hill

Y Oliver

Taylor

Hooks

Perdue(PRS)

Y Thomas,D

Y Muggins

N Price,R

Thomas,N

Y James

Y Price,T

Y Thompson

Y Johnson,D

Y Ragan

Y Turner

N Johnson.E

Ralston

N Tysinger

Y Kemp

Ray

Walker

On the motion, the yeas were 33, nays 11; the motion prevailed, and the Senate re-

ceded from its amendment to HB 942.

HB 1413. By Representatives Barnes of the 33rd and Sauder of the 29th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts; to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county deputy registrars, clerical help, and appointment of a county officer or employee as chief deputy registrar; and to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration.
The House amendment was as follows:
Amend the Senate substitute to HB 1413 as follows:
Page 4, line 42 after court insert:
or grand jury.
Senator Ray of the 48th moved that the Senate agree to the House amendment to the Senate substitute to HB 1413.
On the motion, 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 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
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
Thomas,N Y Thompson

THURSDAY, MARCH 19, 1998

2129

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 amendment to the Senate substitute to HB 1413.

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

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.
The House substitute was as follows:
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, Wildlife, and Recreation Heritage Fund from which funds shall be disbursed for the purposes of local government recreation grants and acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats; to provide for payments into the heritage 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:
SECTION 1.
Article III, Section K, 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, Wildlife, and Recreation Heritage Fund from which funds shall be disbursed for the purposes of: (1) local government recreation grants; and (2) 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 heritage fund. The General Assembly may also provide by general law for the dedication and deposit into the heritage fund of revenues raised from other specific sources for the purposes of the heritage fund. The heritage fund shall constitute a separate account in the state treasury. Heritage fund proceeds shall be specifically identified by the Governor in the annual budget as a separate category entitled 'heritage fund proceeds'; and, in the General Appropriations Act, the General Assembly shall appropriate not more than 25 percent of the heritage fund proceeds for local government recreation grants and not more than 75 percent of the heritage fund proceeds for the other purposes authorized in this subparagraph. Funding for recreation grants shall be appropriated to one or more executive branch agencies and shall be awarded by such agency or agencies through a competitive grant process which shall be equally open to all units of local government. The General Assembly may provide by law for the ad-

2130

JOURNAL OF THE SENATE

ministration of the heritage fund and may provide for the sunset or termination of the heritage fund or any or all of its revenue sources. Moneys paid into the heritage fund shall not be subject to the provisions of Article III, Section DC, Paragraph IV(c), relative to lapsing of funds, or of Article VII, Section III, Paragraph II, relative to funds paid into the state treasury, except that moneys appropriated from the heritage fund and not committed shall lapse back to the heritage fund."

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, Wildlife, and Recreation Heritage Fund, with moneys derived from an increase in the real estate transfer tax from $1.00 to $2.00 per $1,000.00, from which funds shall be disbursed for the purposes of local government recreation grants and for acquiring, conserving, managing, or preserving Georgia's natural and historic areas, water resources, and wildlife habitats? The tax increase will take effect only if this constitutional amendment is approved by the voters."

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 Hooks of the 14th moved that the Senate agree to the House substitute to SR 532.
On the motion, 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
Brush Y Burton Y Cagle Y Cheeks Y Clay Y Crotts Y Dean Y Egan Y Fort Y Gillis

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
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
Thomas,N Y Thompson

THURSDAY, MARCH 19, 1998

2131

Y Turner

Y Tysinger

Y Walker

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SR 532.

The following bills were taken up to consider House action thereto:

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.
The House amendment was as follows:
Amend SB 560 as follows:
On Page 1, line 20 insert the word "designed" immediately before the words "to ensure".
Senator Henson of the 55th moved that the Senate agree to the House amendment to SB 560.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Y Griffin

Price,R

Y Balfour

Y Guhl

Y Price,T

Y Blitch

Y Harbison

Y Ragan

Y Boshears

Y Henson

Ralston

Y Bowen

Hill

Y Ray

Y Broun, 46th

Y Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

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

Langford

Thomas.N

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 motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to SB 560.

HE 1410. By Representative Barnes of the 33rd:
A bill to amend Chapter 35 of Title 31 of the Official Code of Georgia Annotated, relating to vaccinations for firefighters, emergency medical technicians, and public safety officers, so as to add provisions relating to hepatitis C. protection.
The House amendment was as follows:
Amend the Senate amendment to House Bill 1410 as follows:

2132

JOURNAL OF THE SENATE

Add new section (c)
If an employer reasonably determines that disclosure of the evaluation or report to the law enforcement officer will be detrimental to the mental health of the law enforcement officer, would present a risk of harm to other persons, would involve the disclosure of confidential information or would violate the privacy of a third party, then the employer may refuse to furnish the record of evaluation provided; however, that upon such refusal the evaluation or report shall, upon written request by the law enforcement officer, be furnished by the employer to a psychiatrist or psychologist treating the law enforcement officer.
Senator Henson of the 55th moved that the Senate agree to the House amendment to the Senate amendment to HB 1410.
On the motion, 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

Langford

Thomas,N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Middleton

Y Tysinger

Y Glanton

Oliver

Y Walker

Y Gochenour

Perdue(PRS)

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to the Senate amendment to HB 1410.

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

HR 1106. By Representatives Snow of the 2nd, Murphy of the 18th, Perry of the llth and others:
A resolution designating the William "Billy" Shaw Abney Memorial Highway.
The House amendment was as follows:
Amend the Senate substitute to HR 1106 by changing the words on Page 3, line 20 from Concord Road at South Cobb Drive to "South Cobb Drive at 1-285."
Senator Thompson of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HR 1106.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy Y Balfour

Y Blitch Y Boshears

Y Bowen Y Broun, 46th

THURSDAY, MARCH 19, 1998

2133

Y Brown, 26th

Y Hill

Y Ragan

Brush

Y Hooks

Y Ralston

Y Burton

Y Huggins

EX Ray

Y Cagle

Y James

Roberts

Y Cheeks

Y Johnson,D

Y Scott

Y Clay

Y Johnson,E

Y Starr

Y Crotts

Y Kemp

Y Stokes

Y Dean

Y Lamutt

Y Streat

Egan

Y Land

Y Tanksley

Y Fort

Langford

Y Taylor

Y Gillis

Y Madden

Y Thomas,D

Y Glanton

Y Marable

Thomas.N

Y Gochenour

Y Middleton

Y Thompson

Y Griffin

Y Oliver

Y Turner

Y Guhl

Perdue(PRS)

Y Tysinger

Y Harbison

Y Price,R

Walker

Y Henson

Y Price,T

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to the Senate substitute to HR 1106.

The following bill was taken up to consider the Conference Committee report thereto:

HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:

A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.

The Conference Committee report was as follows:

The Committee of Conference on HB 409 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 409 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Terrell Starr
Senator, 44th District /s/ Robert Lamutt
Senator, 21st District /s/ Mary Margaret Oliver
Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES: lal DuBose Porter Representative, 143rd District /s/ Carolyn Fleming Hugley Representative, 133rd District Isl Penny Houston Representative, 166th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 409

A BILL
To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for Carnegie unit curriculum credits for completion of a driver education course in a driver training school; to provide for a change in the program weights allotted to state authorized instructional programs for purposes of the Quality Basic Education Formula; to require local school systems to spend 100 percent of funds allotted under the Quality Basic Education

2134

JOURNAL OF THE SENATE

Formula and designated for media center materials costs for such materials; to provide for change in a local school system's local fair share based on the failure to encumber such funds; to provide for grants to public secondary schools and local school systems to support driver education courses and programs for secondary school students; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by adding a new Code Section 20-2-151.2 to read as follows:
"20-2-151.2.
For the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion, on or after January 1, 1999, of a driver education course in a driver training school and under the instruction of a driver training instructor licensed by the department under Chapter 13 of Title 43, 'The Driver Training School License Act,' may be accepted by the State Board of Education for one-half unit of elective credit for any student."
SECTION 2.
Said article is further amended by striking subsections (a) and (b) of Code Section 20-2161, relating to the Quality Basic Education Formula, and inserting in in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The high school general education program is declared to be the base program against which the cost of all other instructional programs shall be compared. The amount of funds needed by each full-time equivalent student in the base program, in order that such program can be sufficiently funded to provide quality basic education to all enrolled students, shall be known as the 'base amount' and shall reflect program components which constitute the program weight for the high school general education program in Code Sections 20-2-182 through 20-2-186. However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories.
(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights:
(1) Kindergarten program.......................................................................... 1.3280 1.3210
(2) Primary grades program (1-3)........................................................... 1.2432 1.2424
(3) Upper elementary grades program (4-5)............................................ 1.0197 1.0067
(4) Middle grades program (6-8)............................................................... 1.0242 1.0122
(5) High school general education program (9-12).............................................. 1.0000
(6) High school nonvocational laboratory program (9-12)....................... 1.2428 1.1604

THURSDAY, MARCH 19, 1998

2135

(7) Vocational laboratory program (9-12)................................................. 1.3057 1.2719
(8) Program for persons with disabilities: Category I............................. 2.3419 2.3561
(9) Program for persons with disabilities: Category II............................Zttfe 2.7406
(10) Program for persons with disabilities: Category III........................ 3-4W9 3.4857
(11) Program for persons with disabilities: Category IV......................... 0.5838 5.6338
(12) Program for persons with disabilities: Category V..........................2.4114 2.4473
(13) Program for intellectually gifted students: Category VI................ 1.0374 1.6453
(14) Remedial education program........................................................... 1.2980 1.2918"
SECTION 3.
Said article is further amended in subsection (a) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs under the Quality Basic Education Formula, by striking in their entirety paragraphs (2) and (4) and inserting in lieu thereof new paragraphs (2) and (4) to read as follows:
"(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the funds designated for media center salary costs for such salaries and a minimum uf 90 100 percent of the funds designated for media center materials costs for such materials.
1 ui puipuoca Ol udeniiiiiiiig uuiuplicuiue witli Liic 90 pciuent CApciiuituic ajuuuiils,
Llic Do^jaifiLt;iilciitiiiueiLiuiiOl sciicay ctuu iiidtdi&lo liusL ^jui Liuiic* sliall ucuunlc ellcu-
Live uu July 1, 1992. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 and 100 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 or 100 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the 90 percent amount required by this paragraph to be expended by a local school system for media center salary costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161."
"(4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1) or (2) of this subsection, 90 percent of the funds specified in paragraph (2) of this subsection for media center salary costs, 100 percent of the funds specified in paragraph (2) of this subsection for media center materials costs, or the funds designated for operational costs in paragraph (1) of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 or 100 percent amounts or the funds designated for operational costs calculated pursuant to this subsection. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article."

2136

JOURNAL OF THE SENATE

SECTION 4.
Said article is further amended by adding a new Code Section 20-2-257 to read as follows:
"20-2-257.
The State Board of Education shall provide public secondary schools and local school systems with grants, subject to appropriation by the General Assembly and pursuant to applications made at the discretion of such systems. The purpose of such grants shall be to support motor vehicle driver education courses and programs for secondary school students. The amount of such grants shall be reflective of the most recent counts of age 15, 16, and 17 year old secondary school students in the public schools or local school systems. The public schools or local school systems receiving such grants may expend these funds only for purposes of providing driver education courses or programs to secondary school students. Such courses or programs may be provided directly by the local school system or by contract with private driver education school licensed by Department of Public Safety. Such grants shall be supplemental to any other provision of state funds for such driver education courses or programs. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 5.
This Act shall become effective on July 1, 1998.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate adopt the Conference Committee report on HB 409.
On the motion, 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

Ragan

Y Boshears

Y Henson

Ralston

Y Bowen

Y Hill

EX 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

Cagle

Y Johnson,E

Y Streat

Y Cheeks

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

Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Y Walker

Y Gochenour

Perdue(PRS)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 409.

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

THURSDAY, MARCH 19, 1998

2137

SB 660. By Senators Abernathy of the 38th, Oliver of the 42nd, Starr of the 44th and Walker of the 22nd:
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 expand the circumstances when the court is authorized to order counseling or counsel and advice; to correct a cross reference; to provide for custody orders to last until the child's 18th birthday in certain circumstances.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to expand the circumstances when the court is authorized to order counseling or counsel and advice; to correct a cross-reference; to provide for custody orders to last until the child's eighteenth birthday in certain circumstances; to provide for periodic reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-36.1, relating to court orders for counseling or counsel and advice, and inserting in its place the following:
"15-11-36.1.
When any child is before a juvenile court flu Hie Cist Ume and such child is found by the court to have committed a delinquent act, to be a deprived child, to be an unruly child, or to have committed a juvenile traffic offense as defined in Code Section 10-1149 15-11-49, the court shall be authorized, in addition to any other disposition authorized by this article, to order such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future delinquent or unruly acts, conditions of deprivation, or other conduct or conditions which would be harmful to the child or society."
SECTION 2.
Said article is further amended in Code Section 15-11-41, relating to disposition orders, by redesignating subsections (j), (k), (1), (m), (n), and (o) as subsections (k), (1), (m), (n), (o), and (p), respectively, and inserting a new subsection (j) to read as follows:
"(j) If, after a judicial hearing in which the court finds that reunification is not in the best interests of the child and custody is granted to a relative, the custody order shall remain in effect until the child's eighteenth birthday unless modified following a petition for modification by a party pursuant to Code Section 15-11-42. Within 36 months of the custody order and every 36 months thereafter, a probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review, submit a report to the court addressing whether the

2138

JOURNAL OF THE SENATE

relative with custody continues to be qualified to receive and care for the child. A copy of the report shall be mailed to the parents at their last known address."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Abernathy of the 38th moved that the Senate agree to the House substitute to SB 660.
On the motion, 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

Blitch

Y Harbison

Y Ragan

Y Boshears

Y Henson

Y Ralston

Y Bowen

Y Hill

EX 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

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

Perdue(PRS)

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed

to the House substitute to SB 660.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.
The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 510. By Senators 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

THURSDAY, MARCH 19, 1998

2139

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.
The Speaker has appointed on the part of the House, Representatives Skipper of the 137th, Randall of the 127th and Teper of the 61st.
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 1604. By Representative Barnes of the 33rd:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so as to authorize housing authorities to prohibit any person who is not a resident of a project from entering, loitering, or remaining upon the common areas of such project, except in certain circumstances.
The Speaker has appointed on the part of the House, Representatives Barnes of the 33rd, Alien of the 117th and Crawford of the 129th.
The House has disagreed to the Senate amendment to the following bill of the House:
HB 300. By Representatives Byrd of the 170th and Lee of the 94th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Annotated, relating to licensing required for electrical, plumbing, or conditioned air contracting and businesses conducted by partnerships, limited liability companies, and corporations, so as to regulate certain sales or the furnishing of major components of a conditioned air system.
The House has agreed to the Senate amendment to the House substitute, as amended by the House to the following bill of the Senate:
SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration.
The House has disagreed to the Senate substitute to the following bill of the House:
HB 1470. By Representatives Benefield of the 96th, Murphy of the 18th and Birdsong of the 123rd:
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 duties of a county with respect to its county road system; to change certain provisions relating to construction and maintenance of municipal street systems, acquisition of labor, and notification of department about new streets and abandoned streets.
The President resumed the Chair.
The following bill was taken up to consider the Conference Committee report thereto:

2140

JOURNAL OF THE SENATE

HB 1393. By Representatives Channel! of the lllth, Rogers of the 20th, Reichert of the 126th and others:

A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.

The Conference Committee report was as follows:

The Committee of Conference on HB 1393 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1393 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Casey Cagle
Senator, 49th District /s/ Don R. Thomas
Senator, 54th District /s/ Hugh M. Gillis, Sr.
Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Robert Melvin Channell Representative, lllth District /s/ Robert (Bob) Lane Representative, 146th District /s/ Carl Rogers Representative, 20th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1393

A BILL
To be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs; to provide for zero tolerance for drugs and alcohol under such circumstances for persons under the age of 21; to provide for a cause of action for child endangerment under such circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, is amended by adding at the end of Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards while under influence of alcohol or drugs, new subsections (j), (k), and (1), to read as follows:
"(j) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of this Code section, if there was at that time or within three hours after operating, navigating, steering, driving, or being in actual physical control of a moving vessel or personal watercraft from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of this Code section.
(k)(l) A person under the age of 21 shall not operate, navigate, steer, drive, or be in actual physical control of any moving vessel, moving water skis, moving aquaplane,

THURSDAY, MARCH 19, 1998

2141

moving surfboard or similar moving device, or personal watercraft while the person's alcohol concentration is 0.02 grams or more at any time within three hours after such operating, navigating, steering, driving, or being in actual physical control from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended.
(2) No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section.
(1) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard or similar device a child under the age of 14 years is guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child."
SECTION 2.
Said title is further amended by adding a new Code Section 52-7-12.5 to read as follows:
"52-7-12.5.
(a) The test or tests required under Code Section 52-7-12 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 and the officer has arrested such person for a violation of Code Section 52-7-12, any federal law in conformity with Code Section 52-7-12, or any local ordinance which is identical to Code Section 52-7-12 in accordance with Code Section 52-7-21 or the person has been involved in a boating accident resulting in serious injuries or fatalities. Subject to Code Section 52-7-12, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test.
(b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
(1) Implied consent notice for suspects under age 21:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified

2142

JOURNAL OF THE SENATE

personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'; or
(2) Implied consent notice for suspects age 21 or over:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.10 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 52-7-12.6 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. This notice shall be deemed sufficient if such notice read by arresting officer is substantially complied with.
(c) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after June 1, 1998. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to June 1, 1998, in which case those provisions of former Code Section 52-7-12 governing the admissibility of evidence of results of chemical testing or refusal to submit to chemical testing which were in effect at the time the offense was committed shall apply.
(d) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension of the privilege of operating a vessel on the waters of this state is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege to operate a vessel upon the waters of this state pursuant to Code Section 52-7-12.6, subject to review as provided for in this Code section.

THURSDAY, MARCH 19, 1998

2143

(e) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege of operating a vessel on the waters of this state for a period of one year.
(f)(l) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the privilege of operating a vessel on the waters of this state of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The officer shall forward to the department the notice of intent to suspend and the sworn report required by subsection (d) or (e) of this Code section within ten calendar days after the date of the arrest of such person. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of an operator's privilege as provided in this Code section.
(2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's privilege to operate a vessel and, by regular mail, at the last known address, notify such person of such suspension. The notice shall inform the person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing.
(g)(l) A person whose operator's privilege is suspended pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.
(2) The scope of the hearing shall be limited to the following issues:
(A)(i) Whether the law enforcement officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 52-7-12.
(ii) Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality;

2144

JOURNAL OF THE SENATE

(B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test and:
(i) Whether the person refused the test; or
(ii) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more; and
(C) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.
(3) The hearing officer shall, within five calendar days after such hearing, forward a. decision to the department to rescind or sustain the suspension of the person's privilege to operate a vessel on the waters of this state. If no hearing is requested within the ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the person's privilege to operate a vessel on the waters of this state; provided, however, that if the hearing is timely requested and is not held within 60 days and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made.
(4) In the event the person is acquitted of a violation of Code Section 52-7-12 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated. An accepted plea of nolo contendere shall be entered on the operator's record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 52-7-12.
(h) If the suspension is sustained after such a hearing, the person whose privilege to operate a vessel on the waters of this state has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed.
(i) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language:
'This breath-testing instrument (serial no. ______) was thoroughly inspected, tested, and standardized by the undersigned on (date ______) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.'

THURSDAY, MARCH 19, 1998

2145

When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (c) of Code Section 52-7-12 and subparagraph (g)(2)(C) of this Code section."
SECTION 3.
Said title is further amended by adding a new Code Section 52-7-12.6 to read as follows:
"52-7-12.6.
(a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources;
(2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the person's operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources; and
(3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources.
(b) In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance.
(c) Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor."

2146

JOURNAL OF THE SENATE

SECTION 4. This Act shall become effective June 1, 1998.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Cagle of the 49th moved that the Senate adopt the Conference Committee report on HB 1393.
On the motion, 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 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

Thomas,N

Egan

Y Madden

Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1393.

Senator Perdue of the 18th assumed the Chair.

The following bill was taken up to consider the Conference Committee report thereto:

HB 1352. By Representative Lane of the 146th:

A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the saltwater separation point; to change certain provisions relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state.

The Conference Committee report was as follows:

The Committee of Conference on HB 1352 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1352 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ William M. Ray, II
Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Robert (Bob) Lane Representative, 146th District

THURSDAY, MARCH 19, 1998

2147

lal Hugh M. Gillis, Sr. Senator, 20th District
Is/ Rooney L. Bowen Senator, 13th District

Is! Jay Shaw Representative, 176th District
/s/ Ann R. Purcell Representative, 147th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1352

A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the salt-water separation point; to change certain provisions relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state; to provide for automated licensing technology; to eliminate a certain nonresident hunting license exemption; to establish a primitive weapons license and impose certain requirements thereon; to redesignate certain other combined licenses; to require a license for the hunting of feral hogs; to change the license fee for one-day fishing licenses; to clarify certain weapons requirements for small game and big game hunting; to correct certain cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (73) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following:
"(73) 'Waters of this state' means all fresh waUji in this slain any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state except ponds or lakes not open to the public, whether such ponds or lakes are within the lands of one title or not."
SECTION 2.
Said title is further amended by striking in its entirety Code Section 27-2-1, relating to hunting, trapping, or fishing without a license or permit generally, and inserting in lieu thereof the following:
"27-2-1.
(a) It shall be unlawful for any person to hunt, fish, trap, or possess any wildlife or feral hog without first procuring all of the licenses, stamps, or permits required or authorized under this title.
(b) It shall be unlawful for any resident of this state who has attained the age of 16 years to hunt, fish in the waters of this state, or trap without a valid hunting license, fishing license, or trapping license, respectively, as provided in Code Section 27-2-23, except on premises owned by him or her or his or her immediate family. It shall be unlawful for any resident of this state to hunt, fish, or trap in this state without carrying such license upon his or her person, except on premises owned by him or her or his or her immediate family and except when otherwise specifically directed by authorized personnel of the department.
(c) It shall be unlawful for any person not a resident of Georgia who has attained the age of 16 years to hunt, fish in the waters of this state, or trap in this state without a

2148

JOURNAL OF THE SENATE

valid nonresident hunting, fishing, or trapping license, respectively, as provided in Code Section 27-2-23, except as piuvidud ill Ibis subsection and except as otherwise specifically provided by law and interstate agreements. It shall be unlawful for any nonresident to hunt, fish in the waters of this state, or trap without carrying such license on his or her person, unless otherwise specifically directed by authorized personnel of the department. A peisuii nut a lesideiil uf Qeuigia wliu is the ownei uf at least
<ju~"&CtcS (jl liiiiu lii tlliS bt/iiLt;, tiliCl Hit; Hiiiilt!;u.lciLt; Icmiily OI auCli JJGI BUII, in&y liu.ilL Ou
that land witliuut yuichasiiig a hunting license if the numutiidmit laiiJuwatii lias filed
wiLli Liic uc^Jdi Liiiditan alliiluviL, On 2[ luiiii ^jiuviucil \jy Liic ilc^eu LuiGiit, S|jGi>il^iiig
LllC lllClllUd DOI LllC 11U111 CDlUCllL Olllllilc;lllaLc lulllll^wllUal C & lllllUl IZiClLLu llllllLUll
aciiil lanu aliu lliduuliig a i/Gillllt;u ^^J}Jy vjl tlic uccu tu oudi laiiu.
(d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, no license shall be required to fish with permission of the owner from noncommercial premises not open to the public, including docks and foreshores of such premises, or at a facility or on a charter boat licensed pursuant to the provisions of Code Section 27-22T27
SECTION 3.
Said title is further amended by striking in its entirety Code Section 27-2-2, relating to issuance and sale of hunting, fishing, and trapping licenses, and inserting in lieu thereof the following:
"27-2-2.
(a) Hunting, fishing, and trapping licenses shall be issued and sold by the department on forms containing such information as may be prescribed by the department. As used in this Code section, the term 'license' shall include all permits, licenses, or stamps issued by the department under Code Section 27-2-23. Licenses for hunting and fishing may be sold in each county by persons approved by the department to be either bonded license agents ui cash license agents.
(b) Each such bunded license agent shall may be required to:
(1) Remit to the department a premium which shall entitle him or her to coverage under a blanket performance bond provided by the department. The premium, which may include the reasonable cost of administering a self-insurance program, shall be in an amount determined by the commissioner and shall be due and payable annually upon billing by the department;
(2) Account for all license sales and the cash monetary receipts from such sales in a monthly report reports to the department, which report reports shall be due no latei lliau the Uiiilli day uf the mouth following the salu on a schedule and in a form specified by the written agreement between the agent and the department. Failure to remit license sales receipts as specified in the agreement may result in suspension of the agent's ability to sell licenses;
(3) AiAAjuiil TOT ctn liuciiBco loaucu to liiiii wliciitjvci ici^ucaLcu CO CIO SO by tlie
uepm Liiiciit,
t'lj ociiiil tu Lilt? ilc^jii~Liiic;iiL iAjiiijjlt;Lcu survey lauds lium cciuli sliccL ul licenses sulu,
(5X3) Receive for himself or herself no more than 60(Zfor each license issued, except for nonresident hunting licenses and resident sportsman licenses, for which the agent may receive $1.25 for each license issued, and except for licenses sold by telephone by an approved telephone agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses

THURSDAY, MARCH 19, 1998

2149

sold during the transaction; provided, however, that a telephone agent shall not receive any additional fee per license sold during a telephone transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call shall constitute a single transaction; and
\(j) IvtiLCiiIi Lu tile ucjiJiil LiiicliL eLii uliSulCl lnjciiscS wiLlini oU (J.o.^8 clILei' uKi OXL)H cttiun OX S tlCil liCcii&tiS.
(4) Any person who applies to be a license agent after June 30, 1998, shall be assessed a fee not to exceed the fair market cost of automated licensing equipment the department shall install in such agent's place of business. Such fees shall be due and payable upon installation of the automated equipment. (c) The commissioner may either purchase a blanket performance bond for the department's bunded license agents from or through the Department of Administrative Services or any other source or establish a self-insurance bond by retaining all moneys paid to the department for the premium established pursuant to subsection (b) of this Code section, all moneys received as interest, and nonappropriated funds received from other sources to establish and maintain a reserve fund for the purpose of making payments to the department upon the defalcations of bunded license agents and defraying the expenses necessary to administer the program; provided, however, that no revenue collected from taxes, fees, and assessments for state purposes shall be deposited in such fund. The commissioner shall invest any such moneys in the same manner as other moneys in his or her possession. The commissioner is authorized, in his or her discretion, to contract for any or all of the services necessary to carry out the functions enumerated in this Code section.
\L) lifcjiiii L tO Llic ut?^jii LiiimiL, 111 tvivtnuc, tiic net uusL Ol any ilCcnoGo ui ilei Gil IOT attic,
(2) Au^uuiil lUT Sett liucnoco is^ucu to liiiu wliencvci idjucotcu to uu SO by tile
(3) Send to the department completed survey labels from each sheet uf licenses sold;
(4) KeOcivc fui liinioclf iiu muic than G0i fui cauli liiciiac iasucd CA^cut fui nuiiicpi-
leceive $1.20 for each license issued; aud
\*j) rietui 11 Lu Llit; ucjpciitint; 11L all unSOlu. liucilrieo VviLlHii o\) u.d.J'o alt/tJi tlie cA.^jii'dLn/ii

Prior to selling any license, except for a license sold over the telephone by an approved, bunded telephone license agent, each bunded license agent and each cash liuense ageiil shall require each person desiring to purchase a license to display a driver's license or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a bunded or cash license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of such agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the agent's authority until the agent has been given ten days' written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the agent a hearing in the county of said agent's residence on the reasons for withdrawal."

2150

JOURNAL OF THE SENATE

SECTION 4.
Said title is further amended by striking in its entirety Code Section 27-2-3.1, relating to archery and firearms combination hunting licenses, and inserting in lieu thereof the following:
"27-2-3,1.
(a) Persons hunting during any archery season or primitive weapons season must purchase either a primitive weapons license or an archery license, unless otherwise provided by this title.
taXb) The requirements in this title for procuring licenses for archery, primitive weapons, big game, and small game hunting shall be satisfied by a resident who purchases an aiulmiy and flreauus cumbiiiatiuii limiting all weapons hunting license. Such license does not satisfy the obligation to obtain a wildlife management area htamp license, an official Georgia waterfowl slump license, or a migratory bird stamp license.
(faXc) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident who procures a sportsman license. An applicant for such license shall, prior to the issuance of the license, complete a screening questionnaire associated with the federal Migratory Bird Harvest Information Program.
fcXd) All licenses, stamps, or permits for noncommercial hunting and fishing privileges must be attached to a license card cauim supplied or printed on a form provided by the department and cumplelnd with which must include the applicant's name, address, telephone number, height, weight, date of birth, and hunter safety certification number."
SECTION 5.
Said title is further amended by striking in its entirety subsection (c) of Code Section 27-2-4, relating to honorary hunting and fishing licenses, and inserting in lieu thereof the following:
"(c) Any person holding a valid honorary license pursuant to this Code section shall not be required to obtain the trout stamp license and big game license otherwise required by Code Section 27-2-6."
SECTION 6.
Said title is further amended by striking in its entirety Code Section 27-2-4.1, relating to reciprocity for Florida residents over 65 years of age, and inserting in lieu thereof the following:
"27-2-4.1.
No fishing license shall be required for any Florida resident who is more than 65 years of age, to the extent that a reciprocal provision exists under Florida law for any Georgia resident who is more than 65 years of age. Florida residents exempted from the requirement of obtaining a fishing license under this Code section shall be entitled to fish in this state without the payment of any fee whatsoever, except that in order to engage in the activities regulated by subsection (a) of Code Section 27-2-6 such a Florida resident must have paid the fee otherwise required for a trout stamp license and must have in his or her possession such proof of such payment as may be prescribed by the department. Florida residents exempted from the requirement of obtaining a fishing license under this Code section are subject to all wildlife laws, rules, and regulations with the exception of provisions requiring fishing licenses. The privileges

THURSDAY, MARCH 19, 1998

2151

granted to a Florida resident under this Code section may be suspended or revoked on the same grounds and in the same manner as fishing licenses are suspended and revoked. A Florida resident fishing as authorized by this Code section shall carry upon his or her person proof of his or her age and residence."
SECTION 7.
Said title is further amended by striking in its entirety Code Section 27-2-6, relating to trout stamp, waterfowl stamp, and big game license, and inserting in lieu thereof the following:
"27-2-6.
(a) It shall be unlawful for any resident of this state who has attained the age of 16 years and for any nonresident, regardless of age, to fish for or possess mountain trout or to fish in any waters designated in this title as trout waters or trout streams unless such person has in his or her possession a trout stamp attached tu his spoil fisliing licynsG with the nainy uf such pyisuu signed aciuss the face uf the stamp license in addition to his or her fishing license.
(b) It shall be unlawful for any resident of Georgia who has attained the age of 16 years and for any nonresident, regardless of age, to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license, piuvided that, if the affidavit lequiied by subsection (c) uf Cude 3euliuii 27-2-1 has beeu filed with the department, it shall nut be unlawful fei a injures!-
iicuL wliu UWIIB dL IcctcjL tj\j tuicH ul ILIIU 111 tinsstate, <itiiu [/lie iiiiuidueitt? Laiinly ul tlic
jluiiicniudil, Lu limit ux^ game un tlic laiiii witlujut jjuiiaiabiiig a. big^ game liueiiHt;.
(c) It shall be unlawful for any resident of Georgia who has attained the age of 16 years and for any nonresident, regardless of age, to hunt ducks, geese, or swans unless such person has in his or her possession an official Georgia waterfowl stamp license in addition to the required hunting license, provided that, if the affidavit IB-
c^Lm eelLjry Su.UricCLnj.ii(.C/ OI t/Oue oei;tiun i -<i-i liciS L>ecii lilcil vvTtll "tllfe u^J)fl-iT/Illcill, Tt
Sll&H liOt De Tilildv^lLil lOi OL nuiiicoiuciiL Vvliu OwxlS a.L ltJO.St< &U auxcci ul Icintl in Lliis
SLciLt;, clliu. tilt? lliiiiicu.iciLc ialllil^ OI Lllc iiuiii'tJCtlilciiLj Lu liu.nL Llu.CK.Bj j^cesc, ui is>wttiiS un
the land without puichasiug aii official Geuigia waterfowl stamp.
(d) No resident of this state shall be required to obtain a trout stamp license, official Georgia waterfowl stamp license, or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family.
(e) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout stamp license when fishing in impounded waters on lands owned or leased by the department."
SECTION 8.
Said title is further amended by striking in its entirety Code Section 27-2-20, relating to federal migratory bird hunting and conservation stamp and participation in the federal Migratory Bird Harvest Information Program, and inserting in lieu thereof the following:
"27-2-20.
(a) It shall be unlawful to hunt brant, ducks, geese, and swans in this state without a federal migratory bird hunting and conservation stamp.
(b) It shall be unlawful for any person required to obtain a hunting license as provided in Code Section 27-2-1 to hunt any migratory game bird, including brant, ducks,

2152

JOURNAL OF THE SENATE

geese, swans, doves, rails, woodcock, snipe, gallinules, and coots, without participating in the federal Migratory Bird Harvest Information Program. Participation in such program shall require the completion of a screening questionnaire prior to obtaining a free Georgia migratory bird stamp license and the possession of the stamp affixed U> a license caid caniei or other evidence of participation while hunting migratory birds;
^ji'uVlucu.) iiuWtJvci j LlictL tui^yuiic: vvliO pU.iCliciSti& 3. &pOlTC>ill3.1rS J.1C6HS& Utifeu. UGl PUSBCOB
r (jreOi'^Jlit illl^i'tltGt'"^' Oli'u SLcuiipwllli^ llLiiiLilig 1111^1 d-tOi'y &I116 ull'tlS.
SECTION 9.

Said title is further amended by striking in its entirety Code Section 27-2-23, relating to license, permit, and stamp fees, and inserting in lieu thereof the following:
"27-2-23.

Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(1) Hunting licenses:

(A) Resident hunting license

Season

$ 10.00

(B) Nonresident hunting license

Season

59.00

(C) Nonresident hunting license

Seven-day

25.00

(D) Hunting license, valid for residents and nonresi-

dents

One-day

5.50

(E) Resident archery license

Season

8.00

(F) Nonresident archery license

Season

25.00

(G) Resident big game license

Season

9.00

(H) Nonresident big game license

Season

118.00

(I) Nonresident shooting preserve hunting license

Season

12.00

(J) Commercial fox hunting preserve license

Season

60.00

(K) Commercial fox breeder license

Season

60.00

(L) Waterfowl stamp license valid for residents and

nonresidents

Season

5.50

(M) Georgia migratory bird stamp license

Season

Free

(N) Resident diuhoiy and fiieaiais combination all

weapons hunting license

Season

26.00

(O) Resident primitive weapons license

Season

8.00

(P) Nonresident primitive weapons license

Season

25.00

(2) Resident hunting/fishing license

Season

18.00 T7M

(3) Resident sportsman's license

Season

60.00

(4) FiHsli-watei Recreational fishing licenses:

(A) Resident fishing license

Season

9.00

(B) Nonresident fishing license

Season

24.00

(C) Nonresident fishing license

Seven-day

7.00

(D) Fishing license, valid for residents and nonresi-

dents

One-day

3.50

(E) Resident trout slamp license

Season

5.00

(F) Nonresident trout stamp license

Season

13.00

(5) Trapping licenses:

(A) Resident commercial trapping license

Annual

30.00

(B) Nonresident commercial trapping license

Annual

295.00

(6) Commercial fishing licenses:

(A) Resident commercial fishing license

Season

12.00

(B) Nonresident commercial fishing license

Season

118.00

(C) Resident commercial crabbing license

Season

12.00

THURSDAY, MARCH 19, 1998

2153

(D) Nonresident commercial crabbing license

Season

118.00

If the uunmiis&iuiiei determines that any uf the Slates uf Alabama, Florida, Nuiili

(Jaiulnia,ouutli \-ta.i uiiiici, anu TcmiciSBCt; licLb3 liuiiitroiucul Cumnid Cieil iialiiiig ii-

LjllLiC able UUJlJJJtJ[ fee which Gt

cte

t3.Ll 01

snbn

uh, shall be aulhi

-tin

meicial fishing license fee, as applied lu citizens uf Qial cuuliguouh alale, lu an

aaiuuul equal lu the fee a Qeuigia uiliznn is lequiied lu pay tu fish cummuicially iii

LIlilL COHLi^u.C'US SL<itti.
(7) Fur, hide, and pelt licenses: (A) Resident fur dealer license (B) Nonresident fur dealer license (C) Fur dealer's agent license (8) Miscellaneous licenses and permits: (A) Retail fish dealer license (B) Wholesale fish dealer license (C) Resident game-holding permit (D) Commercial quail breeder permit (E) Scientific collecting permit (F) Wildlife exhibition permit (G) Commercial shooting preserve license

Annual Annual Annual
Annual Annual Annual Annual Annual Annual Annual

295.00 415.00 180.00
10.00 59.00
5.00 30.00 50.00 59.00 150.00

(H) Private shooting preserve license (I) Blanket commercial shooting preserve license (J) Commercial fish hatchery license (K) Catch-out pond license (L) Soft-shell crab dealer license (M) Resident taxidermist license (N) Nonresident taxidermist license (O) Falconry permit (P) Commercial alligator farming license (Q) Alligator hunting license (R) Wild animal license (S) Wild animal auction license (T) Resident bait dealer license (U) Nonresident bait dealer license

(V ) IvcriiutiiiL Spui't Utilt slU'iiiipin^ liCellcsc

(W) Nu

01*1 UcliL

-Kc

Annual Annual Annual Annual Annual Three-year Three-year Three-year Annual Season Annual Seven-day Season Season
ocaaun
Seasun

75.00 500.00 59.00 236.00
10.00 150.00 500.00 30.00 50.00 50.00 236.00 5,000.00 25.00 150.00
lii- .Uf\Uf\
IJI- f\fi 70.UU

(9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph."

SECTION 10.

Said title is further amended by adding after Code Section 27-2-23.1, relating to raccoon fur seller's license, a new Code Section 27-2-23.2 to read as follows:
"27-2-23.2.

(a) Any United States Coast Guard licensed captain operating a charter fishing vessel and any person operating a hotel or motel having a fishing pier or piers may purchase

2154

JOURNAL OF THE SENATE

one fishing license pursuant to the provisions of this Code section covering all persons fishing from such vessel or pier.
(b) Fees for charter fishing and pier licenses shall be $400.00 per year for each vessel and $400.00 per year for all piers operated by any one hotel or motel.
(c) Each operator of a charter fishing vessel or pier licensed pursuant to this Code section shall maintain at all times a log book showing the names of persons accommodated under the vessel or pier fishing license each day and such other information as may be required by the department.
(d) Each person required to maintain records pursuant to the provisions of subsection (c) of this Code section shall report such information at such times and in such manner as the board provides by rule or regulation."
SECTION 11.
Said title is further amended by striking in its entirety Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof the following:
"27-3-4.
It shall be unlawful to hunt wildlife with any weapon, except that:
(1) Longbows and compound bows may be used for taking small game or big game.
LungbvvVS ciliu OOiupuuiiu uuwa iui limiting ueci cue jjciiinlleu viily Jumi^ tiic i'c^U-
leu taunting bcaovjn ciiiu uuiing tlic mcliei^acaoun luz UGCJI, piuviueu tliat lun^uuWS
Hiid cuiiipuuud buws have a iiiiruiiiiuii pull of 40 puuiids. Arrows for hunting deer must be broadhead type;
(2) During primitive weapon hunts or primitive weapons seasons, longbows, compound bows, muzzleloading rifles of .44 caliber or larger with iron sights only and without telescopic sights and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used;
(3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of .44 caliber or larger, and rifles using any center-fire cartridge .22 caliber or larger; provided, however, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Handguns capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting deer, bear, or feral hogs. Bullets used in all rifles and handguns must be of the expanding type;
(4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 rimfire firearms, muzzleloading firearms, longbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species;
(5)(A) For hunting deer, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine.
(B) For hunting all other game, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is neces-

THURSDAY, MARCH 19, 1998

2155

sary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine;
(6) The use of crossbows for hunting within this state is prohibited except under such circumstances and conditions as the board shall prescribe by rule or regulation. Such rules or regulations may require that any person hunting with a crossbow obtain and retain in his or her possession a permit to hunt deer with a crossbow. Individuals who have received a special crossbow hunting permit from the department prior to July 1, 1994, may continue to hunt deer with a crossbow;
(7) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading rifles, longbows, or compound bows. Any person taking turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00;
(8) There are no firearms restrictions for taking nongame animals or nongame birds;
(9) The use of silencers for hunting within this state is prohibited."
SECTION 12.
Said title is further amended by striking in its entirety Code Section 27-3-6, relating to possession of firearm while hunting with bow and arrow, and inserting in lieu thereof the following:
"27-3-6.
It shall be unlawful for any person to possess any type uf center-fire or rimfire firearm while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during a primitive weapons season for deer."
SECTION 13.
Said title is further amended by striking in its entirety subsection (a) of Code Section 27-4-1, relating to salt-water and fresh-water demarcation line, and inserting in lieu thereof the following:
"(a) The line established in this state as the separation point between salt waters and fresh waters for Calling licenses, commercial fishing; and sport fishing is as follows:
(1) The point at which U.S. Highway 17 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Marys River, Satilla River, South Altamaha River, Champney River, Butler River, Darien River, Little Ogeechee System (except Salt Creek), North Newport River, Medway River, Big Ogeechee River, and Savannah River. All water seaward of these points shall be considered salt water; and
(2) The following streams and their tributaries are designated as salt water for their entire length: Crooked River, Little Satilla River, South Brunswick River, Turtle River, Sapelo River, South Newport River, Salt Creek (Little Ogeechee System), and all other rivers, streams, and tributaries in the six coastal counties which are not enumerated in this subsection."
SECTION 14.
Said title is further amended by striking in its entirety Code Section 27-4-31, relating to catch-out pond licenses, and inserting in lieu thereof the following:

2156

JOURNAL OF THE SENATE

"27-4-31.

The owner or operator of a catch-out pond operated as one contiguous unit and under single ownership, including ownership by a partnership, firm, association, or corporation, may purchase a catch-out pond license as provided in Code Section 27-2-23. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout stamp license and without complying with the creel limits, possession limits, size limits, and seasons set forth in this title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in the pond as if the pond were a licensed catch-out pond."
SECTION 15.
Said title is further amended by striking in its entirety subsection (c) of Code Section 27-4-170, relating to sport bait shrimping, which reads as follows:
"(c) It shall be unlawful for any person taking shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking the shrimp a board with a background color of daylight fluorescent orange with such numerals and letters printed or affixed thereon as are specified by the department for the boat. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time sport bait shrimping licenses are issued pursuant to Code Section 27-2-23."
SECTION 16.
This Act shall become effective July 1, 1998, except that all provisions of Section 3 shall be effective April 1, 1999, not including paragraph (4) of subsection (b) of Code Section 27-2-2 which shall be effective July 1, 1998, and except that Section 9, subparagraph (D) of paragraph (4) of Code Section 27-2-23 shall be effective April 1, 1999.
SECTION 17.
All laws and parts of laws in conflict with this Act are repealed.
Senator Gillis of the 20th moved that the Senate adopt the Conference Committee report on HB 1352.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy Y Balfour N Blitch N Boshears Y Bowen Y Broun, 46th Y Brown, 26th
Brush Y Burton Y Cagle Y Cheeks N 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
Johnson,D

N Johnson.E N Kemp N Lamutt
Land Y Langford Y Madden Y Marable Y Middleton Y Oliver
Perdue(PRS) Y Price.R Y Price,T Y Ragan Y Ralston

THURSDAY, MARCH 19, 1998

2157

Y Ray

Y Streat

Y Thompson

Roberts

Y Tanksley

Y Turner

Y Scott

Y Taylor

Y Tysinger

Y Starr

Y Thomas,D

Walker

Y Stokes

Y Thomas,N

On the motion, the yeas were 44, nays 6; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1352.

The following resolutions were read and adopted:

SR 783. By Senators Perdue of the 18th, Walker of the 22nd, Clay of the 37th and many, many others:
A resolution recognizing and expressing appreciation to Honorable Pierre Howard.

SR 796. By Senators Clay of the 37th, Johnson of the 1st, Cagle of the 49th and others:
A resolution recognizing and expressing appreciation to Honorable Pierre Howard.

The following bill was taken up to consider the Conference Committee report thereto:

HB 1394. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:

A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft.

The Conference Committee report was as follows:

The Committee of Conference on HB 1394 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1394 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Casey Cagle
Senator, 49th District /s/ Floyd L. Griffin, Jr.
Senator, 25th District /s/ William M. Ray, II
Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Robert Melvin Channell Representative, lllth District /s/ Carl Rogers Representative, 20th District /s/ Robert (Bob) Lane Representative, 146th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1394

A BILL
To be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft; to provide for uniform restrictions on the speed of operation of vessels near moored or anchored vessels,

2158

JOURNAL OF THE SENATE

any vessel adrift, wharfs, docks, swimmers, public use areas, or similar obstructions; to provide for notification to law enforcement officials by medical service providers of treatment of boating accident victims under certain circumstances and for release of such information to such officials; to provide for detainment of boats involved in accidents where necessary for evidentiary purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, is amended by striking in its entirety Code Section 52-7-8.2, relating to restrictions on operation of personal watercraft, and inserting in lieu thereof a new Code Section 52-7-8.2 to read as follows:
"52-7-8.2.
(a) As used in this Code section, the term:
(1) 'Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel.
ttX2) 'Class A vessel' means a boat less than 16 feet in length.
f2)(3) 'Personal watercraft' means a Class A vessel which:
(A) Has an outboard motor or which has an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(B) Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel; and
(C) Has the probability that the operator and passenger may, in the normal course of use, fall overboard.
Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and any vessels commonly known as a 'jet ski.'
(4) 'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility.
(b) No person shall operate or give permission to operate personal watercraft on the waters of this state unless each person aboard such personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each such personal flotation device must be properly fastened, in good and serviceable condition, and the proper size for the person wearing it.
(c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years, provided, however, that, personal walemafl may be iniiled,
Icaecu, ui let tu a ^ciun ek^o 12 lliiuugli lu yvais ilsuuli pcisuu 10 m;i;uiinmiiicil \j^
awl uuiicl Llit? illicit Du^joi vioiuiiOlcm ctilulL To yc&i B Oi t^c OT ulilci. ouiui ^jcibull
EilleillLc UlJ.ll*51 llllt^Ct EtU^JCl VlalOli ll lie Ul sllC ID Wltllllll Qlg^llt Ol llCctllH^ UloLilllte ul CliC
udult.

THURSDAY, MARCH 19, 1998

2159

(d) No person shall operate a personal watercraft on the waters of this state after sunset or before sunrise; unless, such person is engaged in the enforcement of the laws of this state or this nation.
(e) No person shall operate a personal watercraft on the waters of this state unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch.
(f) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator.
(g) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in any way that would prohibit the selfcircling device from operating in its intended manner.
(h) It shall be unlawful for any person who owns a personal watercraft or who has charge over or control of a personal watercraft to authorize or knowingly to permit such personal watercraft to be operated in violation of this Code section or of Code Section 52-7-8.3.
(i) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19.
(j) No person shall operate a personal watercraft on the waters of this state in excess of five milea pei hum at a speed greater than idle speed within 100 feet of any moored or anchored vessel, any vessel adrift, or any slime, wharf, dock, pier, piling, bridge structure or abutment, or-a person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area.
(k) It shall be unlawful for any person to operate a personal watercraft on the waters of this state while towing a person or persons on water skis, aquaplanes, surfboards, tubes, or any similar device; provided, however, that the provisions of this subsection shall not apply to any personal watercraft designed by the manufacturer to carry three or more persons, provided that such personal watercraft has on board a competent observer in addition to the operator at any time that a person is being towed.
(1) On and after June 1, 1995, no person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided, however, that a person age 12 through 15 years may operate a personal watercraft if he or she is accompanied by an adult age 18 or over or he or she has successfully completed a personal watercraft safety program approved by the department, if an adull 18 yeais uf age ui uldei is
auuaiu Llic Vcaocl cinu Budi auulL 10 nut 111 viulaliuii \ji tlic piuvioiuiio ul Cuuc ocCtiuli
*j2i-i-L2i, relatingto tlic upciatiuu ul vessels anu utlici ucviucs uuuci tlic mlluciiuc ul
aluuliul ui ill Li^o, ui il lit; ui1 slit; IB undci tlic illicit ouuci VIDIUII 01 mi ciiiulL lo y&GLia Or
age ui ulilci' wliO IS nut unut?i tiic iiilluciiuc;ul iatauliul uiill uj^o <i> ^iiuviucil111 CJuClc
ocuLiuii iji i Lti. ouuli \JKI sun rilicill De uiiuci tin cut au^jci Vioiuii IT lie OT olic IS VviLlim
sight ui hearing distance uf the adult or is under direct supervision by an adult age 18 or over. The department may, but shall not be required to, conduct or provide personal watercraft safety courses to the public.
(m) On and after July 1, 1995, it shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age or the child

2160

JOURNAL OF THE SENATE

or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is less than 12 years of age to operate a personal watercraft.
(n) It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is age 12 through 15 years or the child or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is age 12 through 15 years to operate a personal watercraft other than in compliance with the provisions of subsection (1) of this Code section unless such
i;liilu uiwiiru 1ms ciLlici' SLiuCeSal uliy v^uiiipicteil a pciouxicil watciCialt mt:tj<piuj^iam
u^f^JiuvcilDy Llit ucuai Liuciit, ib auCumpeiiiicil auuciiu tlic vcDocl uy dn ailulL 1.O ycaio ul
agG Ul ulucl wllU iri lluL 111 VlultlLlUH ul LilO^ILI VlDlLfllD UL LyVJtlc OCl^tlUll OjS/-Xi,1 clatlll^
\flj Llic U^IGI abiuii ul veriSelo dull uLlici ilcviuocjLIIIUCI Llic iiilluciicc ul &liAjliul ui vliugE, vji
IS uuuci LliciliicuL su^jci viaiuli ul mi eiuiilL 1.O ^ciiD Ol a^c OT uluci wliu is iiuL uiivlci
the iiifluenuu of alcuhul ui diugs as piovided in Code Secliuii 02-7-12. The depaiimeut may, but shall nul be lequimd tu, cuiiducl ui piuvide personal waterciafl safety cuuibeb tu the public."
SECTION 2.
Said article is further amended by inserting a new Code Section 52-7-8.3 to read as follows:
(a) A person age 16 or over may operate any vessel or personal watercraft on any of the waters of this state, and such person shall have in such vessel proper identification.
(b) A person age 14 or 15 may operate a vessel other than a personal watercraft or nonmotorized Class A vessel on any of the waters of this state in compliance with Code Section 52-7-8.2, and such person may operate any other vessel if such person:
(1) Is accompanied by an adult age 18 or over who is authorized to operate such vessel under the provisions of subsection (a) of this Code section;
(2) Has completed a safe boating course approved by the department or is under direct supervision by an adult age 18 or over; or
(3) Is operating a Class A vessel utilizing mechanical means of propulsion of ten horsepower or less and has completed a safe boating course approved by the department.
(c) A person age 12 or 13 may operate any Class A vessel utilizing mechanical means of propulsion not exceedig 30 horsepower, under the conditions set forth in paragraphs (1) through (3) of susbsection (b) of this Code section. Such person may operate a personal watercraft in compliance with Code Section 52-7-8.2, and such person may operate monmotorized Class A vessels without restriction.
(d) No person under the age of 12 shall operate any Class 1, 2, or 3 vessel or any personal watercraft on any of the waters of this state, and no such person shall operate any Class A vessel utilizing mechanical means of propulsion exceeding 30 horsepower. Such person may operate a Class A vessel, other than a personal watercraft, utilizing mechanical means of propulsion not exceeding 30 horsepower only where such person is accompanied by an adult age 18 or over who is authorized to operate such vessel under the provisions of subsection (a) of this Code section.
(e) As used in this Code section, the term:

THURSDAY, MARCH 19, 1998

2161

(1) 'Accompanied by" means in the physical presence within the vessel of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel.
(2) 'Proper identification' shall have the same meaning as in subsection (d) of Code Section 3-3-23, relating to furnishing of alcoholic beverages.
(3) 'Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility.
(f) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section."
SECTION 3.
Said article is further amended by adding after paragraph (3) of subsection (c) of Code Section 52-7-14, relating to collisions, accidents, and casualties, a new paragraph (4) to read as follows:
"(4)(A) As used in this paragraph, the term 'medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. The term also includes, without being limited to, any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the Department of Human Resources as an ambulatory surgical treatment center.
(B) Any:
(i) Physician, including any doctor of medicine licensed to practice under the laws of this state;
(ii) Licensed registered nurse employed by a medical facility;
(iii) Security personnel employed by a medical facility; or
(iv) Other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein
having cause to believe that a patient has had physical injury or injuries inflicted upon him or her as a result of a reportable boating accident shall report or cause reports to be made in accordance with this paragraph.
(C) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his or her designated delegate. The person in charge of the medical facility or his or her designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.
(D) Notwithstanding any other provision of law, copies of medical records relating to the treatment of such patient shall be furnished to the investigatory law enforcement officer of the department, or any local, state or federal law enforcement agency upon receipt of a written request or subpoena issued by such law enforcement agency or the prosecuting attorney having jurisdiction over such accident.

2162

JOURNAL OF THE SENATE

Such medical records shall be handled in a manner which assures the confidentiality of such records.
(E) Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority pursuant to this paragraph or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this paragraph shall be in good faith."
SECTION 4.
Said article is further amended by adding at the end of said Code Section 52-7-14 a new subsection (e) to read as follows:
"(e) Official authority. Any officer empowered to enforce this article shall have the authority to stop, board, and detain any vessel involved in a reportable boating accident and to continue the detention of such vessel if necessary for evidentiary purposes for such reasonable period of time as such necessity continues."
SECTION 5.
Said article is further amended by adding at the end of Code Section 52-7-17, relating to speed and load restrictions, a new subsection (d) to read as follows:
"(d) No vessel shall be operated at a speed greater than is reasonable and prudent under the conditions, and such vessel's operator shall have regard for the actual and potential hazards then existing."
SECTION 6.
Said article is further amended by adding after subsection (e) of Code Section 52-7-18, relating to rules of the road for boat traffic, new subsections (f), (g), (h), and (i) to read as follows:
"(f) No person shall operate any vessel or tow a person or persons on water skis, an aquaplane, a surfboard, or any similar device on the waters of this state at a speed greater than idle speed within 100 feet of any vessel which is moored, anchored, or adrift outside normal traffic channels, or any wharf, dock, pier, piling, bridge structure or abutment, person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area. This subsection shall not be interpreted to prohibit any person from initiating or terminating waterskiing from any wharf, dock, or pier owned by such person or used by such person with the permission of the owner of said wharf, dock, or pier nor shall it be interpreted to prohibit the immediate return of a tow vessel to a downed water skier.
(g) No vessel shall run around or within 100 feet of another vessel at a speed greater than idle speed unless such vessel is overtaking or meeting such other vessel in compliance with the rules of the road for vessel traffic.
(h) No vessel shall be operated in such a manner as to ride or jump the wake of another vessel within 100 feet of such other vessel unless the vessel is overtaking or meeting such other vessel in compliance with the rules of the road for vessel traffic and, having passed or overtaken such other vessel, the operator of the passing or overtaking vessel shall not change or reverse course for the purpose of riding or jumping the wake of such other vessel within 100 feet of such other vessel.

THURSDAY, MARCH 19, 1998

2163

(i) Subsections (f), (g), and (h) of this Code section shall not apply to ocean-going ships or to tugboats or other powered vessels which are assisting ocean-going ships during transit or during docking or undocking maneuvers."
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senator Cagle of the 49th moved that the Senate adopt the Conference Committee report on HB 1394.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

Y Price,T

Blitch

Y Harbison

Y Ragan

Y Boshears

Henson

Y Ralston

Y Bowen

Y Hill

Y Ray

Y Broun, 46th

Y Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Scott

Y Brush

Y James

Y Starr

Y Burton

Y Johnson,D

Stokes

Y Cagle

N Johnson,E

Y Streat

Y Cheeks

Kemp

Y Tanksley

Y Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

Y Langford

Thomas,N

Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Perdue(PRS)

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1394.

The President resumed the Chair.

The following bills were taken up to consider House action thereto:

SB 344. By Senator Perdue of the 18th:
A bill to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking professional licenses, so as to provide for certain matters relating to judicial review of decisions of state examining boards; to provide for an effective date and applicability.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to change the provisions relating to apprenticeships; to repeal a provision relating to crematory licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2164

JOURNAL OF THE SENATE

SECTION 1.
Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, is amended by striking subsection (b) of Code Section 43-18-41, relating to qualification of embalmers and funeral directors, and inserting in its place the following:
"(b) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for an embalmer's license shall:
(1) Have graduated from a program at an accredited college of funeral service or such other college as provided by board rule; and
(2) Have completed a minimum of 3,920 3,120 hours, pursuant to rules and regulations of the board, of service as an apprentice as provided in Code Sections 43-18-50 through 43-18-54."
SECTION 2.
Said chapter is further amended by striking subsection (c) of Code Section 43-18-50, relating to application for funeral service apprenticeships, and inserting in its place the following:
"(c) The total period of apprenticeship shall be 0,920 3,120 hours and must be served in a minimum of twu yeais and a maximum ufseven yeais fimu Lhe date uf initial iugihUdliuii 18 months, but the twu-yuai minimum period shall be in addition to the time required to graduate from a college of funeral service or other college pursuant to paragraph (1) of subsection (b) of Code Section 43-18-41. Undei iiu chcuiiihtauces will
tlie LXj&Li~il &.^iji'OVc a ^ciSuii Lu uc 3.11 ajj^jilcillyiut; IO1 muic tliciii Seven ycaiS CLlu'iilgJ LliaL
^jt;ieOn a I lie Li 11 ic.
SECTION 3.
Said chapter is further amended by striking Code Section 43-18-51, relating to renewal of apprenticeship registrations, and Code Section 43-18-52, relating to supervision of apprentices, and inserting in their respective places the following:
"43-18-51.
A registration of apprenticeship shall be renewable biennially upon payment of the renewal fee as provided by the board but shall not be renewed more than two times. Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section 43-18-54. The hours served after a registration has been revoked will not be carried forth into any subsequent apprenticeship period.
43-18-52.
All apprentices shall be under the supervision and control of the board and shall upon application for licensure submit to the board proof of having served the required number of hours on forms provided by the board. After completing the 0,920 3,120 hours for apprenticeship within the specified period, they shall send the last report to the board regardless of the date. The information contained in the report shall be certified as correct by the funeral director in full and continuous charge and by the supervising funeral director and embalmer."
SECTION 4.
Said chapter is further amended by striking subsection (g) of Code Section 43-18-72, which reads as follows:

THURSDAY, MARCH 19, 1998

2165

"(g) Notwithstanding any other provision of this chapter to the contrary, no person operating a crematory on January 1, 1992, shall be required, until July 1, 1994, to obtain a license from the board to operate such crematory."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Perdue of the 18th moved that the Senate agree to the House substitute to SB 344.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

Y Price,T

Blitch

Y Harbison

Y Ragan

Boshears

Henson

N Ralston

Y Bowen

Y Hill

Y Ray

Y Broun, 46th

Hooks

Y Roberts

Y Brown, 26th

N Huggins

Y Scott

Y Brush

Y James

Starr

Y Burton

Y Johnson,D

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

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

Y Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 45, nays 2; the motion prevailed, and the Senate agreed

to the House substitute to SB 344.

HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and Hugley of the 133rd:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.
Senator Walker of the 22nd moved that a second Conference Committee be appointed.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the President appointed as a second Conference Committee the following: Senators Harbison of the 15th, Brush of the 24th and Langford of the 29th.
The following bill was taken up to consider the Conference Committee report #2 thereto:
HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and Hugley of the 133rd:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.

2166

JOURNAL OF THE SENATE

The Conference Committee report was as follows:

The Committee of Conference on HB 233 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 233 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Steven E. Langford
Senator, 29th District /s/ B. Joseph Joey Brush
Senator, 24th District /s/ Ed Harbison
Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES: /a/ Keith G. Heard Representative, 89th District /s/ Jimmy Lord Representative, 121st District /s/ Robin L. Williams Representative, 114th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 233

A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for increased penalties for felony insurance fraud; to provide for applicability; to change certain provisions relating to rules and regulations; to change certain provisions relating to service of process upon insurance companies which issued uninsured motorist policies; to provide for discovery; to provide for applicability; to change certain provisions relating to group accident and sickness contracts and conversion privilege and continuation right provisions; to change certain provisions relating to the provisions in health insurance policies for coverage of newly born or adopted children; to change certain provisions relating to women's access to health care, health insurance, and required provisions disclosing an insured's right to direct access to obstetricians and gynecologists; to change certain provisions relating to the definitions of group accident and sickness insurance and association; to change certain provisions relating to required insurance policy provisions; to change certain provisions relating to rules and regulations relative to individual health insurance coverage availability and assignment systems and compensation to licensed insurance agents; to change certain provisions relating to continuation of similar health insurance coverage, preexisting conditions, and procedures and guidelines; to change certain provisions relating to filing of rates and forms and optional coverage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking in its entirety subsection (c) of Code Section 33-1-9, relating to insurance fraud, which reads as follows:
"(c)(l) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
(2) Where the claim, benefit, or money referred to in subsection (a) of this Code section exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both.",
and inserting in lieu thereof a new subsection (c) to read as follows:

THURSDAY, MARCH 19, 1998

2167

"(c) A person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both."
SECTION 2.
Said title is further amended by adding to Code Section 33-2-9, relating to rules and regulations, a new subsection (e) to read as follows:
"(e) Neither the Commissioner, whether acting as Commissioner of Insurance or Safety Fire Commissioner, nor the department, nor the Safety Fire Division of the office of the Commissioner shall propose or adopt rules or regulations relating to the sale or dispensing of gasoline or diesel fuel to the general public by any business entity unless such rules or regulations require such sale or dispensing to be under the direct control and visual supervision of an on-site employee of such business entity."
SECTION 3.
Said title is further amended by striking subsection (d) of Code Section 33-7-11, relating to coverage of claims against uninsured motorists, and inserting in lieu thereof the following:
"(d) In cases where the owner or operator of any vehicle causing injury or damages is known, and either or both are named as defendants in any action for such injury or damages, and a reasonable belief exists that the vehicle is an uninsured motor vehicle under subparagraph (b)(l)(D) of this Code section, a copy of the action and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company were actually named as a party defendant. If facts arise after an action has been commenced which create a reasonable belief that a vehicle is an uninsured motor vehicle under subparagraph (b)(l)(D) of this Code section and no such reasonable belief existed prior to the commencement of the action against the defendant, and the complaint was timely served on the defendant, the insurance company issuing the policy shall be served within either the remainder of the time allowed for valid service on the defendant or 90 days after the date on which the party seeking relief discovered, or in the exercise of due diligence should have discovered, that the vehicle was uninsured or underinsured, whichever period is greater. The uninsured motorist carrier may conduct discovery as a matter of right for a period of not less than 120 days after service prior to any hearing on the merits of the action. If either the owner or operator of any vehicle causing injury or damages is unknown, an action may be instituted against the unknown defendant as 'John Doe,' and a copy of the action and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company were actually named as a party defendant; and the insurance company shall have the right to file pleadings and take other action allowable by law in the name of 'John Doe' or itself. In any case arising under this Code section where service upon an insurance company is prescribed, the clerk of the court in which the action is brought shall have same such service accomplished by issuing a duplicate original copy for the sheriff or marshal to place his or her return of service in the same form and manner as prescribed by law for a party defendant. The return of service upon the insurance company shall in no case appear upon the original pleadings in such case. In the case of a known owner or operator of such vehicle, either or both of whom are named as a defendant in such action, the insurance company issuing the policy shall have the right to file pleadings and take other action allowable by law in the name of either the known owner or operator or both or itself.

2168

JOURNAL OF THE SENATE

(1) In cases where the owner or operator of a vehicle causing injury or damages is unknown and an action is instituted against the unknown defendant as 'John Doe,' the residence of such 'John Doe' defendant shall be presumed to be in the county in which the accident causing injury or damages occurred, or in the county of residence of the plaintiff, at the election of the plaintiff in the action.
(2) A motor vehicle shall not be deemed to be an uninsured motor vehicle within the meaning of this Code section when the owner or operator of such motor vehicle has deposited security, pursuant to Code Section 40-9-32, in the amount of $15,000.00 where only one person was injured or killed, $30,000.00 where more than one, or $10,000.00 for property damage."
SECTION 4.
Said title is further amended by striking Code Section 33-24-21.1, relating to group accident and sickness contracts and conversion privilege and continuation right provisions, and inserting in lieu thereof the following:
"33-24-21.1.
(a) As used in this Code section, the term:
(1) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 62 90 day gap in coverage under any of the following:
(A) Medicare or Medicaid;
(B) An employer based accident and sickness insurance or health benefit arrangement;
(C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society;
(D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement;
(E) A conversion policy;
(F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1;
(G) A health plan formed pursuant to 10 U.S.C. Chapter 55;
(H) A health plan provided through the Indian Health Service or a tribal organization program or both;
(I) A state health benefits risk pool;
(J) A health plan formed pursuant to 5 U.S.C. Chapter 89;
(K) A public health plan; or
(L) A Peace Corps Act health benefit plan.
(2) 'Eligible dependent' means a person who is entitled to medical benefits coverage under a group contract or group plan by reason of such person's dependency on or relationship to a group member.
(3) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means:
(A) A group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title;

THURSDAY, MARCH 19, 1998

2169

(B) A group contract of the type issued by a nonprofit hospital service corporation established under Chapter 19 of this title;
(C) A group contract of the type issued by a health care plan established under Chapter 20 of this title;
(D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or
(E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title.
(4) 'Group member' means a person who has been a member of the group for at least six months and who is entitled to medical benefits coverage under a group contract or group plan and who is an insured, certificate holder, or subscriber under the contract or plan.
(5) 'Insurer' means an insurance company, health care corporation, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization.
(6) 'Qualifying eligible individual' means:
(A) A Georgia domiciliary, for whom, as of the date on which the individual seeks coverage under this Code section, the aggregate of the periods of creditable coverage is 18 months or more; and
(B) Who is not eligible for coverage under any of the following:
(i) A group health plan, including continuation rights under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA);
(ii) Part A or Part B of Title XVIII of the federal Social Security Act; or
(iii) The state plan under Title XK of the federal Social Security Act or any successor program.
(b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical coverage, or any combination of these coverages, on an expense incurred or service basis, excluding contracts and plans which provide benefits for specific diseases or accidental injuries only, shall provide that members and qualifying eligible individuals whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents.
(c) Any group member or qualifying eligible individual whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months upon payment of the premium by cash, certified check, or money order, at the option of the employer, to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person

2170

JOURNAL OF THE SENATE

no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of coverage in accordance with the conversion privileges contained in the group contract or group plan.
(d)(l) A group member shall not be entitled to have coverage continued if: (A) termination of coverage occurred because the employment of the group member was terminated for cause; (B) termination of coverage occurred because the group member failed to pay any required contribution; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a qualifying eligible individual under any contract or plan.
(2) A qualifying eligible individual shall not be entitled to have coverage continued if the most recent creditable coverage within the coverage period was terminated based on one of the following factors: (A) failure of the qualifying eligible individual to pay premiums or contributions in accordance with the terms of the health insurance coverage or failure of the issuer to receive timely premium payments; (B) the qualifying eligible individual has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of coverage; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. This subsection shall not affect conversion rights available to a group member under any contract or plan.
(e) If the group contract or group plan terminates while any group member or qualifying eligible individual is covered or whose coverage is being continued, the group administrator, as prescribed by the insurer, must notify each such group member or qualifying eligible individual that he or she must exercise his or her conversion rights within:
(1) Thirty days of such notice for group members who are not qualifying eligible individuals; or
(2) 3ijily-twu Sixty-three days of such notice for qualifying eligible individuals.
(f) Every group contract or group plan, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical expense insurance, or any combination of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provision.
(g) Eligibility for the converted policies or contracts shall be as follows:
(1) Any qualifying eligible individual whose insurance and its corresponding eligibility under the group policy, including any continuation available, elected, and exhausted under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), has been terminated for any reason other than fraud or failure of the qualifying eligible individual to pay a required premium contribution and who has at least 18 months of creditable coverage immediately prior to ter-

THURSDAY, MARCH 19, 1998

2171

mination wilh iiu greatei than a 02 day gap in uuveiage, shall be entitled, without evidence of insurability, to convert to individual or group based coverage covering such qualifying eligible individual and any eligible dependents who were covered under the qualifying eligible individual's coverage under the group contract or group plan. The insurer must offer qualifying eligible individuals at least two distinct conversion options from which to choose. One such choice of coverage shall be comparable to comprehensive health insurance coverage offered in the individual market in this state or comparable to a standard option of coverage available under the group or individual health insurance laws of this state. The other choice may be more limited in nature but must also qualify as creditable coverage. Each coverage shall be filed, together with applicable rates, for approval by the Commissioner. Such choices shall be known as the 'Enhanced Conversion Options';
(2) Premiums for the enhanced conversion options for all qualifying eligible individuals shall be determined in accordance with the following provisions:
(A) Solely for purposes of this subsection, the claims experience produced by all groups covered under comprehensive major medical or hospitalization accident and sickness insurance for each insurer shall be fully pooled to determine the group pool rate. Except to the extent that the claims experience of an individual group affects the overall experience of the group pool, the claims experience produced by any individual group of each insurer shall not be used in any manner for enhanced conversion policy rating purposes;
(B) Each insurer's group pool shall consist of each insurer's total claims experience produced by all groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance from which the qualifying eligible individual is converting. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts and contracts issued to trusts, multiple employer trusts, or association groups or trusts, including trusts or arrangements providing group or grouptype coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, through contracts issued or issued for delivery in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement; and any other group-type coverage which is determined to be a group shall also be included in the pool for enhanced conversion policy rating purposes; and
(C) Any other factors deemed relevant by the Commissioner may be considered in determination of each enhanced conversion policy pool rate so long as it does not have the effect of lessening the risk-spreading characteristic of the pooling requirement. Duration since issue and tier factors may not be considered in conversion policy rating. Notwithstanding subparagraph (A) of this paragraph, the total premium calculated for all enhanced conversion policies may deviate from the group pool rate by not more than plus or minus 50 percent based upon the experience generated under the pool of enhanced conversion policies so long as rates do not deviate for similarly situated individuals covered through the pool of enhanced conversion policies;
(3) Any group member who is not a qualifying eligible individual and whose insurance under the group policy has been terminated for any reason other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group member to pay a required premium contribution, and who has been

2172

JOURNAL OF THE SENATE

continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents who were covered under the group member's coverage under the group contract or group plan. The premium of the basic converted policy shall be determined in accordance with the insurer's table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided. This form of conversion coverage shall be known as the 'Basic Conversion Option'; and
(4) Nothing in this Code section shall be construed to prevent an insurer from offering additional options to qualifying eligible individuals or group members.
(h) Each group certificate issued to each group member or qualifying eligible individual, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bearing its own caption. The provisions shall clearly set forth a full description of the continuation and conversion rights available, including all requirements, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation or conversion.
(i) This Code section shall not apply to limited benefit insurance policies. For the purposes of this Code section, the term 'limited benefit insurance' means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term limited benefit insurance includes accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, and comprehensive major medical insurance coverage.
(j) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section. Such rules and regulations may prescribe various conversion plans, including minimum conversion standards and minimum benefits, but not requiring benefits in excess of those provided under the group contract or group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, reductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state.
(k) This Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after January July 1, 1998, and to group plans and group contracts then in effect on the first anniversary date occurring on or after Jauuaiy July 1, 1998."
SECTION 5.
Said title is further amended by striking Code Section 33-24-22, relating to the provisions in health insurance policies for coverage of newly born or adopted children, and inserting in lieu thereof the following:
"33-24-22.
(a) All individual and group health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type contracts issued by a nonprofit corporation which, under the terms of such policies, provide coverage for a family member of the insured or subscriber shall, as to the family members'

THURSDAY, MARCH 19, 1998

2173

coverage, also provide that the health insurance benefits applicable for children shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth. A newly born child of the insured or subscriber shall include an adopted child. The coverage for the adopted child shall be effective from the date of the placement for adoption or final decree of adoption, whichever occurs first.
(b) The coverage for newly born children or adopted children shall consist of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities, but need not include benefits for routine well baby care.
(c) If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child or the date of the placement for adoption or final adoption of a child and payment of the required premium or fees must be furnished to the insurer or nonprofit service or indemnity corporation within 31 days after the date of birth, placement for adoption, or final decree of adoption, whichever is applicable, in order to have the coverage continue beyond the 31 day period.
(d) This Code section shall not apply to persons adopted as adults pursuant to the provisions of Code Section 19-8-21, relating to the adoption of adult persons.
(e) The requirements of this Code section shall apply to all insurance policies and subscriber contracts delivered or issued for delivery in this state on or after July 1, 1988 1998."
SECTION 6.
Said title is further amended by striking Code Section 33-24-59, relating to women's access to health care, health insurance, and required provisions disclosing an insured's right to direct access to obstetricians and gynecologists, and inserting in lieu thereof the following:
"33-24-59.
(a) The General Assembly finds and declares that the specialty of obstetrics and gynecology is devoted to health care of women throughout their lifetimes.
(b)(l) As used in this Code section, the term '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 by a health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, or similar entity.
(2) Any accident and sickness policies, plans, or contracts which contain no provisions which require referrals from another physician for coverage of the services of an obstetrician or gynecologist shall not be required to give the notice required in subsection (d) of this Code section.
(c) No health benefit policy which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1996, shall require as a condition to the coverage of services of an obstetrician or gynecologist who is within the health benefit policy network of health care providers that an enrollee, subscriber, or insured first obtain a referral from another physician; provided, however, that the services covered by this subsection shall be limited to those services defined by the published recommendations of the Accreditation Council For Graduate Medical Education for training as an

2174

JOURNAL OF THE SENATE

obstetrician or gynecologist, including but not limited to diagnosis, treatment, and referral.
(d) Each health benefit policy which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1996, shall disclose to enrollees, subscribers, or insureds, in clear, accurate language, such person's right to direct access to obstetricians and gynecologists as provided in this Code section. Such information shall be disclosed to each such person at the time of enrollment or otherwise first becoming an enrollee, subscriber, or insured, and at least annually thereafter."
SECTION 7.
Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-29-3, relating to required insurance policy provisions, and inserting in lieu thereof the following:
"(2) Time limit on certain defenses.
(A) After two years from the date of issue of this policy and in the absence of fraud, no misstatements made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability, as defined in the policy, commencing after the expiration of such two-year period. In order for the insurer to void the policy or to deny a claim for loss incurred or disability based upon an applicant's fraudulent misstatement in an application, a copy of such application must be furnished to the policyholder or his or her beneficiary, and such fraudulent misstatement must have been in writing, must be material to the risk assumed by the insurer, and, in the case of a claim, must also relate to the specific type of loss or disability for which the claim is made.
(i) The policy provision in subparagraph (A) of this paragraph shall not be so construed as to affect any legal requirements for avoidance of a policy or denial of a claim during such initial two-year period, nor to limit the application of paragraphs (1) through (3) of subsection (b) of Code Section 33-29-4 in the event of misstatement with respect to age or occupation or other insurance. For purposes of this paragraph, fraud means the willful misrepresentation of a material fact.
(ii) A policy which the insurer has the right to continue in force subject to its terms by the timely payment of premium until at least age 60 or, in the case of a policy issued after age 54, for at least five years from its date of issue may contain in lieu of the provisions of subparagraph (A) of this paragraph the following provision, from which the clause in brackets may be omitted at the insurer's option, under the caption 'incontestable': After In the absence of fraud and after this policy has been in force for a period of two years during the lifetime of the insured, excluding any period during which the insured is disabled, it shall become incontestable as to the statements contained in the application.
(B) In the absence of fraud, no No claim for loss incurred or disability, as defined in the policy, commencing after two years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy."
SECTION 8.
Said title is further amended by striking subsection (b) of Code Section 33-29A-8, relating to rules and regulations relative to individual health insurance coverage availability

THURSDAY, MARCH 19, 1998

2175

and assignment systems and compensation to licensed insurance agents, and inserting in lieu thereof the following:
"(b) The rules and regulations developed by the Commissioner shall include provisions for applications for GHIAS and GHBAS to be submitted by licensed insurance agents and for such agents to be compensated at a commission rate of not less than 3 percent from the premiums received by the issuing health insurer or managed care organization. For purposes of applications for GHIAS and GHBAS, licensed agents shall not be subject to the certificate of authority requirements of subsection (b) of Code Section 33-23-4."
SECTION 9.
Said title is further amended by striking subsection (b) of Code Section 33-30-1, relating to the definitions of group accident and sickness insurance and association, and inserting in lieu thereof the following:
"(b) As used in this chapter, the term 'true association' means an organization that:
(1) Has been in existence for at least five years;
(2) Has been formed and maintained in good faith for purposes other than obtaining insurance;
(3) Does not condition membership in the association on any health status related factor relating to an individual (including an employee of an employer or a dependent of an employee);
(4) Makes health insurance coverage offered through the association available to all members regardless of any health status related factor relating to such members (or individual eligible for coverage through a member);
(5) Does not make health insurance coverage offered through the association available other than in connection with a member of the association; and
(6) Meets such additional requirements as may be imposed under Georgia law or regulation."
SECTION 10.
Said title is further amended by striking Code Section 33-30-15, relating to continuation of similar health insurance coverage, preexisting conditions, and procedures and guidelines, and inserting in lieu thereof the following:
"33-30-15.
(a) As used in this Code section, the term:
(1) 'Affiliation period' means a period, used by health maintenance organizations in lieu of a preexisting condition exclusion clause, beginning on the enrollment date, which must expire before health insurance coverage provided by a health maintenance organization becomes effective. The health maintenance organization is not required to provide health care benefits during such period, nor is it authorized to charge premiums over such a period.
(2) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 90 day gap in coverage under any of the following:
(A) Medicare or Medicaid;
(B) An employer based accident and sickness insurance or health benefit arrangement;

2176

JOURNAL OF THE SENATE

(C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society;
(D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement;
(E) A conversion policy;
(F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1;
(G) A health plan formed pursuant to 10 U.S.C. Chapter 55;
(H) A health plan provided through the Indian Health Service or a tribal organization program or both;
(I) A state health benefits risk pool;
(J) A health plan formed pursuant to 5 U.S.C. Chapter 89;
(K) A public health plan; or
(L) A Peace Corps Act health benefit plan.
(3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any self-insured health care plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.
(4) 'Newly eligible employee' means a Georgia domiciled employee or the dependent of a currently enrolled Georgia domiciled employee who has creditable coverage and who first becomes eligible to elect coverage under an employer sponsored comprehensive major medical or hospitalization plan. A newly eligible employee also includes:
(A) During a special enrollment period, existing employees and existing dependents of existing employees who declined coverage when first offered because of the existence of other creditable coverage, if all the following conditions are met:
(i) The employee or employee's dependent had creditable coverage at such time when the group coverage was first offered;
(ii) The employee stated in writing that such creditable coverage was the reason for declining enrollment in group coverage, if such statement is required by the employer;
(iii) The coverage of the employee or employee's dependent was under COBRA and has been exhausted or the creditable coverage was terminated as a result of loss of eligibility for the creditable coverage or employer contributions toward such creditable coverage were terminated; and
(iv) The employee requests such enrollment not later than 90 31 days after the date of exhaustion or termination of the creditable coverage; or
(B) In the case of marriage, if the employee requests such enrollment not later than 36 31 days following the date of marriage or the date dependent coverage is first made available, whichever is later, coverage of the spouse shall commence not later than the first day of the first month beginning after the date the completed request for enrollment is received.

THURSDAY, MARCH 19, 1998

2177

(b) Notwithstanding any other provision of this title which might be construed to the contrary, on and after July 1, 1997 1998, all group basic hospital or medical expense, major medical, or comprehensive medical expense coverages which are issued, delivered, issued for delivery, or renewed in this state shall provide the following:
(1) Subject to compliance with the provisions of subsections (c) and (d) of this Code section, any newly eligible employee, member, subscriber, enrollee, or dependent who has had creditable coverage under another health benefit plan within the previous 90 days shall be eligible for coverage immediately upon completion of any employer imposed waiting period; and
(2) Once such creditable coverage terminates, including termination of such creditable coverage after any period of continuation of coverage required under Code Section 33-24-21.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of 1986, the insurer must offer a conversion policy to the eligible employee, member, subscriber, enrollee, or dependent.
(c) Notwithstanding any provisions of this Code section which might be construed to the contrary, such coverages may include a limitation for preexisting conditions not to exceed 12 months for enrollees who enroll when newly eligible and 18 months for late enrollees following the effective date of coverage; provided, however, that:
(1) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation for the period of time an individual was previously covered by creditable coverage; or
(2) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation in accordance with an insurer's election of an alternative method pursuant to Section 701(c)(3)(B) of the Employee Retirement Income Security Act of 1974.
(d) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to pregnancies.
(e) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to newborn children or newly adopted children where such children are added to the plan by the insured no later than SQ 31 days following the date of birth or the date placed for adoption under order of the court of jurisdiction.
(f) In case of a group health plan offered by a health maintenance organization, an affiliation period may be offered in place of the preexisting condition limitation described in subsection (c) of this Code section, provided that the affiliation period:
(1) Is applied uniformly without regard to any health status related factors;
(2) Does not exceed:
(A) Two months for newly eligible employees and dependents; or
(B) Three months for late enrollees; and
(3) Runs concurrently with any employer imposed waiting period under the plan.
(g) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section after notification and review of such regulations by the appropriate standing committees of the House of Representatives and Senate in accordance with the requirements of applicable law. The Commissioner may allow in such regulations methods other than that described in subsection (f) of this Code section for health maintenance organizations to address adverse selection, as authorized by the Employee Retirement Income Security

2178

JOURNAL OF THE SENATE

Act of 1974, Section 701(g)(3). Nothing in this Code i

i'Licu. Lu ^MU~

r tO CIO SO IlOiii ill lit U 3.1 1^ <agi.

ni-gj uii plOCcuUIcej,

S, L~6u.l&uOll$, cilia guidelines CLLIU iruili iiiip

Llie JJIUVJL-

SlOHs OI tiiiS \JOu6 S6Ct.luil Oil 3. VuluiiLaiy btisia ucluie JuJLy 1, 1997.

SECTION 11.

Said title is further amended by striking subsection (a) of Code Section 33-34-3.1, relating to filing of rates and forms and optional coverage, and inserting in lieu thereof the following:

"(a) All insurers writing private passenger automobile insurance in this state shall file rates and forms for medical payments coverage for a limit of at least $2,000.00 but may file rates for higher or lower limits. The requirement for filing forms and rates under this subsection shall not be construed as a requirement for the offering or quoting of medical payment coverages to insureds or as authority for the Commissioner to require the offering or quoting of such coverage."

SECTION 12.

Section 1 of this Act shall apply to offenses committed on or after July 1, 1998, and shall not apply to or affect conduct or offenses committed prior to that date. Section 3 of this Act shall apply to all actions pending on July 1, 1998, and to all actions commenced on or after that date.

SECTION 13.

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

Senator Walker of the 22nd moved that the Senate adopt the Conference Committee report #2 on HB 233.

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

Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

Y Price.T

Blitch

Y Harbison

Ragan

Boshears

Henson

Y Ralston

Y Bowen

Y Hill

Y Ray

Y Broun, 46th

Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Starr

Y Burton

Y Johnson,D

Stokes

Y Cagle

Y Johnson,E

Streat

Y Cheeks

Kemp

Y Tanksley

Y Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Thomas,D

Dean

Y Langford

Thomas,N

Y Egan

Madden

Y Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Middleton

Y Tysinger

Y Glanton

Y Oliver

Y Walker

Y Gochenour

Perdue

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate

adopted the second Conference Committee report on HB 233.

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

THURSDAY, MARCH 19, 1998

2179

HB 274. By Representative Childers of the 13th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to change the provisions relating to immunity from liability for certain good faith actions.
The House amendment was as follows:
Amend the Senate substitute to HB 274 as follows:
Page 2 line 25 after "disclosed" add
to the psychologist but in no event later than the delivery of a subpoena for the production of documents to the psychologist.
Senator Walker of the 22nd moved that the Senate agree to the House amendment to the Senate substitute to HB 274.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Griffin

Y Price,R

Y Balfour

Y Guhl

Y Price,T

Blitch

Y Harbison

Y Ragan

Y Boshears

Henson

Y Ralston

Bowen

Hill

Y Ray

Y Broun, 46th

Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

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

Dean

Langford

Thomas,N

Y Egan

Y Madden

Y Thompson

Y Fort

Y Marable

Turner

Y Gillis

Middleton

Y Tysinger

Y Glanton

Y Oliver

Y Walker

Y Gochenour

Perdue

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed

to the House amendment to the Senate substitute to HB 274.

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

HB 1604. By Representative Barnes of the 33rd:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so as to authorize housing authorities to prohibit any person who is not a resident of a project from entering, loitering, or remaining upon the common areas of such project, except in certain circumstances.
Senator Oliver of the 42nd moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following: Senators Langford of the 29th, Oliver of the 42nd and Land of the 16th.

2180

JOURNAL OF THE SENATE

Senator Perdue of the 18th, the President Pro Tempore, assumed the Chair. The following bill was taken up to consider the Conference Committee report thereto:

SB 369. By Senator Ralston of the 51st:

A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to senior judges and Senior Appellate Court Justices and Judges serving as judges of the appellate courts; to change the provisions relating to compensation, travel, per diem, and pay allowances.

The Conference Committee report on SB 369 was as follows:

The Committee of Conference on SB 369 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 369 be adopted.

Respectfully submitted,

FOR THE SENATE: /a/ David Ralston
Senator, 51st District /s/ Mary Margaret Oliver
Senator, 42nd District /s/ Clay Land
Senator, 16th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ James F. (Jim) Martin Representative, 47th District /s/ Roy E. Barnes Representative, 33rd District /s/ Ben Alien Representative, 117th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 369

A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to senior judges and Senior Appellate Court Justices and Judges serving as judges of the superior courts or appellate courts; to change the provisions relating to compensation, travel, per diem, and pay allowances; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (d) of Code Section 15-1-9.2, relating to requests for assistance of senior judges appointed pursuant to Chapter 8 or 9 of Title 47 or Chapter 3A of Title 15, and inserting in its place the following:
"(d) Senior judges serving as judges of the an appellate or superior court under this Code section or any other provision of law shall be compensated receive compensation from state funds for each day of service, in the amount of $105.00 put Jay fur such service the annual state salary of a judge of the applicable court, divided by 235. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the appellate or superior courts, upon a certificate by the senior judge as to the number of days served or the

THURSDAY, MARCH 19, 1998

2181

expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge."
SECTION 2.
Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Ralston of the 51st moved that the Senate adopt the Conference Committee report on SB 369.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

N Griffin

Y Price,R

Y Balfour

N Guhl

Y Price,T

Blitch

Y Harbison

N Ragan

Y Boshears

Henson

Y Ralston

N Bowen

N Hill

Y Ray

Y Broun, 46th

N Hooks

Roberts

N Brown, 26th

N Huggins

Y Scott

N Brush

Y James

Starr

N Burton

Y Johnson,D

Y Stokes

Y Cagle

Y Johnson,E

N Streat

N Cheeks

Y Kemp

Y Tanksley

Y Clay

Y Lamutt

N Taylor

Y Crotts

Y Land

N Thomas,D

N Dean

Langford

Thomas,N

Y Egan

Y Madden

N Thompson

Y Fort

Y Marable

Y Turner

N Gillis

N Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Perdue(PRS)

On the motion, the yeas were 30, nays 18; the motion prevailed, and the Senate

adopted the Conference Committee report on SB 369.

Senator Streat of the 19th moved that the Senate reconsider its action in adopting the Conference Committee report.

On the motion, the President Pro Tempore ordered a roll call, and the vote was as follows:

N Abernathy N Balfour
Blitch Boshears N Bowen N Broun, 46th Y Brown, 26th Y Brush Y Burton N Cagle Y Cheeks

N Clay N Crotts N Dean N Egan N Fort N Gillis Y Glanton N Gochenour Y Griffin Y Guhl N Harbison

Henson Y Hill Y Hooks Y Huggins N James N Johnson,D N Johnson,E N Kemp N Lamutt N Land Y Langford

2182

JOURNAL OF THE SENATE

Y Madden

N Ralston

Y Taylor

N Marable

N Ray

Y Thomas,D

N Middleton

Roberts

Thomas,N

N Oliver

Y Scott

N Thompson

Perdue(PRS)

Starr

Y Turner

N Price,R

N Stokes

N Tysinger

Y Price.T

Y Streat

N Walker

N Ragan

N Tanksley

On the motion, the yeas were 18, nays 31, and the motion to reconsider action in

adopting the Conference Committee report on SB 369 was lost.

The President resumed the Chair.

The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report on SB 337 was as follows:

The Committee of Conference on SB 337 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 337 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Steve Thompson
Senator, 33rd District /s/ Jack Hill
Senator, 4th District /s/ Eric Johnson
Senator, 1st District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Jimmy W. Benefield Representative, 96th District /s/ Robert Melvin Channell Representative, lllth District /s/ Denny M. Dobbs Representative, 92nd District

COMMITTEE OF CONFERENCE 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 issue permits for trimming and removing 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 and removal 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

THURSDAY, MARCH 19, 1998

2183

the department of transportation; to provide effective dates; to provide for effectiveness of certain provisions on a date certain contingent upon ratification of a constitutional amendment; to provide for automatic repeal of certain provisions otherwise; to provide for severability; 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 oimmissiuuei1 Governor shall appoint an Oulduui Advertising Citizeub Advisuiy a Roadside Enhancement and Beautification Council composed of be veil 12 members. The advisory council shall include the chaiimaii chairperson of the Senate Transportation Committee; the chaainan 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 willi business iuleitiblb in Ihe ouldoui advertising indusUy of the Outdoor Advertising Association of Georgia, Inc.; and the dii'ecloi of the Opmalioiis Division deputy commissioner of the Georgia Department of Transportation or the designee thereof. The commissioner shall submit recommendations to the Governor for purposes of selecting members 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 advisoiy council shall aid the commissioner in formulating policies and discussing problems related to the administration of this article. In addition, the adviSuiy council shall advise Hie cuiniiiisbiunei un Hieslaudaids mid puKcibs tu be used
tjy Lli(5 ilc^jeii LlilcliL ill LIiclulluwij.!^ o^Cdllc OLL cciS:
(1) The study of whethei the liimming of Uees and vegetation on blate lights uf
W&y SJ.iuu.lu. ue ut;i ill-lLljCLt TTT ii unL OT le^cil cilitl liuilCGiilui ijliil^ uu.tO.OOi' ciu-VtiJ. Lio111j^
sigiib, 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;
\i) Ti tile uOHI111iBs1011c1* j iirtt;!1 CunriLllLcitiuii Wltll ttlC fl.CiViSGI'y CuLlliCllj ucLei'1111HeB
that such trimming should be peimilted, Hie advisory council shall advise the de-

2184

JOURNAL OF THE SENATE

giaiited by the department, as well as the standaids fui the maintenance of such Uimmed aiea&. Make recommendations to the department regarding standards for vegetation removal and landscape and maintenance plans submitted by permittees including without limitation the use of viewing zones under Code Section 32-6-75.3;
(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 support roadside enhancement and beautification;
(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 for roadside enhancement and beautification; 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.
(c) The advisory council shall meet to elect a chaii'iuan and vice-cliahmaii chairperson and vice chairperson and to establish the rules governing its operation. The advisory council shall meet at the call of the chairman chairperson and shall meet not less than semiaiiiiually nui muie than 12 Unies pei year quarterly.
(d) Each advisory council membei councilmember shall be 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 expensesT-Airy; provided, however, that any full-time state employee on the advistrry 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.
(a) There is established a special fund to be known as the 'Roadside Enhancement and Beautification Fund.' This fund shall consist of all moneys collected under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues

THURSDAY, MARCH 19, 1998

2185

derived from the sale of any special and distinctive wildflower motor vehicle license plates issued as may be otherwise provided by law, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 32-6-75.3 and manufacturing fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. 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 appropriated 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)(l) For purposes of this Code section, the term:
(A) 'Removal' or 'removed' means the elimination of trees or other vegetation from a viewing zone.
(B) 'Trimming' or 'trimmed' means the pruning of excess limbs or branches from trees or other vegetation which are not removed from a viewing zone.
(C) "Viewing zone' means a continuous 500 foot horizontal distance parallel to a state right of way and adjacent to or otherwise within the line of sight of an outdoor advertising sign.

2186

JOURNAL OF THE SENATE

(2) 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 signs legally erected and maintained along the highways in this state 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 within viewing zones with respect to outdoor advertising signs legally erected and legally maintained adjacent to said rights of way. Such rules and regulations shall include, without limitation, standards for survival of vegetation trimmed or planted.
(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 signs 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 sign is permitted.
(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.
(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.
(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, which shall be 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 trees or other vegetation to be trimmed or removed 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 trees or other vegetation to be trimmed or removed.

THURSDAY, MARCH 19, 1998

2187

(2)(A)(i) No trees or vegetation shall be trimmed or removed under this Code section other than within a viewing zone.
(ii) No removal of any hardwood tree having a diameter outside bark of more than 8 inches at a height of 6 inches above ground level or any historic or endangered species tree or any tree planted as part of any local, state, or federal government project shall be permitted under this Code section.
(iii) All hardwood trees having a diameter outside bark of 8 inches or less at a height of 6 inches above ground level may be removed from within a viewing zone.
(iv) All nonhardwood trees may be removed from within a viewing zone for a combined total of 250 feet horizontal distance parallel to the right of way.
(v) All nonhardwood trees having a diameter outside bark of less than 12 inches at a height of 6 inches above ground level may be removed from within a viewing zone.
(vi) Pine trees having a diameter outside bark of 12 inches or more at a height of 6 inches above ground level shall not be removed from a viewing zone in such numbers as to reduce stocking to less than the minimum standard for full stocking for such trees, as determined by the Georgia Forestry Commission, over an area having a combined total of not less than 250 feet horizontal distance parallel to the right of way.
(vii) The provisions of divisions (iv) and (vi) of this subparagraph notwithstanding, in the case of any outdoor advertising sign erected on or before the effective date of this Code section and which is less than 35 feet in height as measured from the top of the sign to the ground directly beneath or to the road level, whichever distance results in the best view or the greatest elevation, or which is subsequently lowered to such a height, the horizontal distance of the area within the viewing zone from which all trees, other than hardwoods having a diameter outside the bark of more than 8 inches at a height of 6 inches above ground level, may be removed shall be increased to 350 feet.
(B) Pruning or trimming of trees under a permit shall conform to industry standards as defined by the National Arborist Association, International Society of Arboriculture or ANSI A300 pruning standards as of January 1, 1999, or such later edition as may be adopted by rule or regulation of the department.
(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, killed, or removed by any person 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.
(2) No 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.

2188

JOURNAL OF THE SENATE

(3) On and after July 1, 1999, no outdoor advertising sign to which a permit under this Code section is applicable shall be maintained in such a condition of disrepair as to be unusable for advertising.
(4)(A) In cases where the department has reasonable cause to believe 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, and restitution in an amount equal to the appraised value of the trees or vegetation, or both, which were unlawfully trimmed or removed, 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, at the expense of the permittee, 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.
(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."
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 32-6-70.2 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.
The provisions of Section 2 of 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

THURSDAY, MARCH 19, 1998

2189

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 is not so ratified, Section 2 of this Act shall not become effective and shall stand repealed on January 1, 1999; but all other provisions of this Act shall become effective upon approval of this Act by the Governor or upon its become law without such approval.
SECTION 6.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate adopt the Conference Committee report on SB 337.
On the motion, a roll call was taken, and the vote was as follows:

Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

N 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

N Brown, 26th

Y Huggins

N Scott

Y Brush

Y James

Starr

N 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

N Land

Y Thomas,D

Y Dean

Y Langford

Y Thomas,N

N Egan

Y Madden

Y Thompson

N Fort

Y Marable

Y Turner

Y Gillis

Middleton

N Tysinger

Y Glanton

Oliver

Y Walker

Y Gochenour

Perdue

On the motion, the yeas were 44, nays 8; the motion prevailed, and the Senate

adopted the Conference Committee report on ;SB 337.

The following resolution was taken up to consider the Conference Committee report thereto:

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

2190

JOURNAL OF THE SENATE

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.

The Conference Committee report was as follows:

The Committee of Conference on SR 559 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SR 559 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ Steve Thompson
Senator, 33rd District /s/ Eric Johnson
Senator, 1st District /s/ Jack Hill
Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jimmy W. Benefield Representative, 96th District
/s/ Robert Melvin Channell Representative, lllth District
/s/ Denny M. Dobbs Representative, 92nd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO SR 559

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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section K, Paragraph VI of the Constitution is amended by adding a new subparagraph (k) to read as follows:
"(k) The General Assembly is authorized to provide by general law for the creation of a roadside enhancement and beautification fund from which funds shall be disbursed for enhancement and beautification of public rights of way; for allocation and dedication of revenue from tree and other vegetation trimming or removal permit fees, other related assessments, and special and distinctive wildflower motor vehicle license plate fees to such fund; that moneys paid into the fund shall not lapse, the provisions of Article III, Section DC, Paragraph IV(c) notwithstanding; and for any matters relating to the purpose or provisions of this subparagraph. An Act creating such fund and making such provisions effective January 1, 1999, or later may originate or have originated in the Senate or the House of Representatives."
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:

THURSDAY, MARCH 19, 1998

2191

"( ) YES ( ) NO

Shall the Constitution be amended 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 and dedication of revenue from tree and other vegetation trimming or removal permit fees, other related assessments, and special and distinctive wildflower motor vehicle license plate fees to such fund; that moneys paid into the fund shall not lapse; and that an Act creating the fund and making such provisions may originate in the Senate or the House of Representatives?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Thompson of the 33rd moved that the Senate adopt the Conference Committee report on SR 559.
On the motion, 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

Starr

Y Burton

Y Johnson,D

Y Stokes

Y Cagle

Y Johnson,E

Y Streat

Y Cheeks

Y Kemp

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

Y Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Perdue

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on SR 559.

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

SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and Balfour of the 9th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration.

2192

JOURNAL OF THE SENATE

The House amendment was as follows: Amend the Senate amendment to the House substitute as follows: On line 12 after the period add "when such recipients are inpatients of said hospitals." Senator Thomas of the 10th moved that the Senate agree to the House amendment to the Senate amendment to the House substitute to SB 139. On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

N Griffin

N Price,R

Y Balfour

N Guhl

Y Price,T

Y Blitch Y Boshears N Bowen

N Harbison N Henson N Hill

N Ragan N Ralston N Ray

N Broun, 46th Y Brown, 26th Y Brush N Burton N Cagle N Cheeks

N Hooks N Huggins N James N Johnson.D N Johnson,E N Kemp

N Roberts N Scott
Starr N Stokes N Streat N Tanksley

N Clay N Crotts N Dean N Egan

N Lamutt N Land N Langford N Madden

N Taylor Y Thomas,D Y Thomas,N Y Thompson

N Fort

N Marable

N Turner

N Gillis N Glanton

N Middleton N Oliver

N Tysinger N Walker

Y Gochenour

N Perdue

On the motion, the yeas were 11, nays 44; the motion was lost, and the Senate did not agree to the House amendment to the Senate amendment to the House substitute to SB

139.

The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has rejected the report of the Committee of Conference on the following bill of the Senate:

SB 318. By Senator Thomas of the 10th:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations generally, so as to authorize each municipal corporation to enter into leases and contracts with private persons for the operation and maintenance of its water system or sewer system or both.

The House has rejected the report of the Committee of Conference on the following bill of the Senate:
SB 510. By Senators Perdue of the 18th, Oliver of the 42nd, Stokes of the 43rd and others:

THURSDAY, MARCH 19, 1998

2193

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.

The House has rejected the report of the Committee of Conference on the following bill of the House:

HB 1448. By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.
The following bill was taken up to consider the Conference Committee report thereto:

HB 1604. By Representative Barnes of the 33rd:

A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so as to authorize housing authorities to prohibit any person who is not a resident of a project from entering, loitering, or remaining upon the common areas of such project, except in certain circumstances.

The Conference Committee report was as follows:

The Committee of Conference on HB 1604 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1604 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Mary Margaret Oliver
Senator, 42nd District Isl Clay Land
Senator, 16th District IsJ Steven E. Langford
Senator, 29th District

FOR THE HOUSE OF REPRESENTATIVES: Isl Roy E. Barnes Representative, 33rd District Isl Ben Alien Representative, 117th District /s/ Robert M. Mack Crawford Representative, 129th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1604

A BILL
To be entitled an Act to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so as to provide that loans made by an authority to an entity with which the authority has entered into a private enterprise agreement shall not be deemed usurious; to authorize housing authorities to prohibit certain nonresidents reasonably suspected of a criminal act on the premises of a housing project from entering, loitering, or remaining upon the common areas of such project; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2194

JOURNAL OF THE SENATE

SECTION 1.
Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, is amended by by inserting in Code Section 8-3-30, relating to general powers of housing authorities, a new subsection to be designated subsection (c) to read as follows:
"(c) No loan made by an authority to an entity with which the authority has entered into a private enterprise agreement shall be deemed usurious as long as such loan complies with applicable federal law."
SECTION 2.
Said part is further amended by adding at the end thereof a new Code Section 8-3-36 to read as follows:
"8-3-36.

Any housing authority created pursuant to this article, acting through its director or his or her designee, is authorized to prohibit, without breaching the peace, any person who is reasonably suspected of committing a criminal act on the premises of a housing project and who is not a resident of said project from entering, loitering, or remaining upon the common areas of such project."
SECTION 3.
This Act shall become effective July 1, 1998.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Oliver of the 42nd moved that the Senate adopt the Conference Committee report on HB 1604.
On the motion, 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

Y Ralston

Y Bowen

Y Hill

Y Ray

Broun, 46th

Y Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

Starr

Y Burton

Y Johnson,D

Y Stokes

Y Cagle

Y Johnson,E

Y Streat

Y Cheeks

Y Kemp

Tanksley

Y Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

Y Langford

Thomas,N

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 motion, the yeas were 49, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1604.

The following bill was taken up to consider the Conference Committee report thereto:

THURSDAY, MARCH 19, 1998

2195

HB 1430. By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th and others:

A bill 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 registration and license requirements and penalties; to change certain provisions relating to transfer of license plates and revalidation decals.

The Conference Committee report on HB 1430 was as follows:

The Committee of Conference on HB 1430 recommends that both the Senate and the House of Representatives recede from their positions and adopt the Senate Transportation Committee substitute to HB 1430 (LC 25 1031S - see March 16, 1998 Journal) with the attached amendment.

Respectfully submitted,

FOR THE SENATE: /a/ William M. Ray, II
Senator, 48th District /s/ Jack Hill
Senator, 4th District /s/ Charles Tanksley
Senator, 32nd District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Alan T. Powell Representative, 23rd District /s/ Bobby Eugene Parham Representative, 122nd District /s/ Lawrence R. Roberts Representative, 162nd District

COMMITTEE OF CONFERENCE AMENDMENT TO HB 1430

Amend the Senate Transportation Committee substitute to HB 1430 by inserting "to change certain provisions relating to special license plates, legislative findings, rules and regulations, and fees;" after "plates;" on line 32 of page 1; by inserting "to provide for special license plates honoring United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea;" after "veterans;" on line 19 of page 2; and by inserting between Section 12A and Section 13 the following:
"SECTION 12B.
Said title is further amended by striking '1,000' in subsection (b) of Code Section 40-260.1, relating to special license plates, legislative findings, rules and regulations, and fees, and inserting '500' in lieu thereof.".
By inserting between Section 27 and Section 28 the following:
"SECTION 27A.
Said title is further amended by adding a new Code Section 40-2-85.2 to read as follows:
'40-2-85.2.
(a) On and after January 1, 1999, motor vehicle owners who are United States armed forces veterans of the Chosin Reservoir Campaign of 1950 in North Korea shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks under 14,000 pounds gross vehicle weight, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.

2196

JOURNAL OF THE SENATE

(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to qualifying applicants. There shall be no minimum required number of applicants for such distinctive license plate. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The additional manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation, except that the word "CHOSIN" and no other letters shall be placed horizontally immediately to the left of the numbers on the license plate so as to distinctively identify the owner as a veteran of the Chosin Reservoir Campaign of 1950 in North Korea.
(d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the Chosin Reservoir Campaign of 1950 in North Korea shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry.
(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-280. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.'"
Senator Ray of the 48th moved that the Senate adopt the Conference Committee report on HB 1430.
On the motion, 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
Egan Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison

Henson Y Hill Y Hooks Y Huggins Y James Y Johnson.D Y Johnson,E Y Kemp Y Lamutt Y Land
Langford

THURSDAY, MARCH 19, 1998

2197

Y Madden

Y Ralston

Y Taylor

Y Marable

Y Ray

Y Thomas.D

Y Middleton

Roberts

Thomas.N

Oliver

Y Scott

Y Thompson

Y Perdue

Starr

Y Turner

Y Price,R

Y Stokes

Y Tysinger

Y Price,T

Y Streat

Walker

Y Ragan

Y Tanksley

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1430.

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

HB 1470. By Representatives Benefield of the 96th, Murphy of the 18th and Birdsong of the 123rd:
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 duties of a county with respect to its county road system; to change certain provisions relating to construction and maintenance of municipal street systems, acquisition of labor, and notification of department about new streets and abandoned streets.
Senator Thompson of the 33rd moved that the Senate recede from its substitute to HB 1470.
On the motion, 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

Henson

Y Ralston

Y Bowen

Y Hill

Ray

Y Broun, 46th

Y Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

Y James

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

Langford

Thomas,N

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 motion, the yeas were 49, nays 0;; the motion prevailed, and the Senate re-

ceded from its substitute to HB 1470.

The following bill was taken up to consider the Conference Committee report thereto:

HB 1253. By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th and others:

2198

JOURNAL OF THE SENATE

A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Program.

The Conference Committee report on HB 1253 was as follows:

The Committee of Conference on HB 1253 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1253 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Donzella J. James
Senator, 35th District /s/ Rooney L. Bowen
Senator, 13th District /s/ Loyce W. Turner
Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES: Isi Lynmore James Representative, 140th District /s/ Newt Hudson Representative, 156th District /s/ Henry L. Reaves Representative, 178th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1253

A BILL

To be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Program; to provide a short title; to provide for definitions; to provide for grants and the terms and conditions related thereto; to provide for administration of the grant program and qualifications related thereto; to provide for contracts; to provide for rules and regulations; to provide for audits and reports; to prohibit certain conduct; to provide for penalties; 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 thereof a new Chapter 17 to read as follows:

2-17-1.

"CHAPTER 17

This chapter shall be known and may be cited as the 'Georgia State Nutrition Assistance Program (SNAP).'
2-17-2.

As used in this chapter, the term: (1) 'Department' means the Georgia Department of Agriculture.

(2) 'Emergency food provider' means a nonprofit, charitable organization that offers groceries or meals to people who are in need of food assistance and who reside in this state.
(3) 'Program' means the Georgia State Nutrition Assistance Program (SNAP) created by this chapter.
(4) 'Program participant' means an individual or household which is in need of short-term food assistance to supplement the diet in order to prevent hunger or malnutrition, or both.

THURSDAY, MARCH 19, 1998

2199

(5) 'Regional food bank' means an established nonprofit charitable organization which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 and which, as part of an existing food bank network, maintains a food distribution operation providing food to nonprofit food pantries and feeding centers that offer groceries or meals to people in need of food assistance.
(6) 'State nutrition information organization' means an established nonprofit charitable organization which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 and which, as part of its mission, fosters and promotes general health through nutrition education of the public.
2-17-3.
(a) The Georgia State Nutrition Assistance Program (SNAP) is established to provide grants to regional food banks within this state for the purchase, transportation, storage, and distribution of food to emergency food providers and program participants. Such grants shall be made from funds available to the department for such purpose. Grants made pursuant to the program shall be used only for the purchase of food or agricultural commodities from Georgia based purveyors or producers for repacking or processing, or both, of food for distribution to emergency food providers and program participants.
(b) The program shall be administered by the department and all administrative costs shall be reimbursed to the department from the funds described in subsection (a) of this Code section.
(c) All food purchases made through the use of program funds shall be made in accordance with the following standards:
(1) All food shall be procured from Georgia based sources;
(2) Food shall be purchased at wholesale, competitive bid prices or better; and
(3) Food purchased with funds through the program shall not duplicate food available through the federal commodities program of the United States Department of Agriculture.
(d) Not more than 7 percent of the grant funds made available through the program shall be used by any regional food bank for the payment of administrative and incidental costs.
(e) The department shall contract with regional food banks for the operation of the program. The department, in conjunction with regional food banks, is authorized to take appropriate actions, including the entry of subcontracts, to ensure uniform access to the program by needy residents of this state. The department may allow a state nutrition information organization to provide free nutrition education as part of the program to residents of this state.
(f) The department shall, by rule or regulation, establish and enforce procedures and guidelines for the determination of eligibility for participation in the program. Such rules, regulations, and procedures shall not limit or affect the established guidelines used by emergency food providers for any of their programs for which no funds are provided through the program established pursuant to this chapter. No person who is eligible for food funded by the program shall be charged for food or encouraged to contribute money in order to receive food under the program.

2200

JOURNAL OF THE SENATE

2-17-4.

The program established pursuant to this chapter and any funds granted pursuant to this chapter or expenditures made with such funds are subject to review and audit by the department and the state auditor to determine proper operation of the program and compliance with statutes, regulations, and policies. Contractors, subcontractors, and others receiving funds or commodities under this chapter shall be subject to audit and review by the state auditor at reasonable times.
2-17-5.

Within 90 days of the conclusion of the state's fiscal year, any entity with which the department has contracted for the operation of the program shall submit to the department an annual report which shall account fully for and shall specify the expenditure of funds made pursuant to the program, the dollar value of Georgia products distributed, the number of people and households served in each county, and the type and weight of food purchased. Within 180 days of the end of the state's fiscal year, the Commissioner shall submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Such report shall include, but not be limited to, relevant information concerning the operation of the program for the preceding fiscal year, the quantity and dollar value of Georgia products distributed, the number of people and households served in each county, and the type and weight of food purchased.
2-17-6.

It shall be unlawful for any person providing voluntary services to the department or to any regional food bank or emergency food provider which receives funds or food through the program or for any official or employee of the department to receive food for personal use through the program or to provide services for profit pursuant to the program created by this chapter. Any person violating this Code section shall be guilty of a misdemeanor."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator James of the 35th moved that the Senate adopt the Conference Committee report on HB 1253.
On the motion, 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
Brush Y Burton
Cagle Y Cheeks Y Clay Y Crotts Y Dean
Egan

Y Fort Y Gillis Y Glanton Y Gochenour Y Griffin Y Guhl Y Harbison
Henson Y Hill Y Hooks Y Huggins Y James Y 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
Ray Y Roberts
Scott

THURSDAY, MARCH 19, 1998

2201

Starr Y Stokes Y Street Y Tanksley

Y Taylor Y Thomas,D
Thomas.N Y Thompson

Y Turner Y Tysinger Y Walker

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1253.

The following bill was taken up to consider the Conference Committee report thereto:

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 Conference Committee report on HB 1315 was as follows:

The Committee of Conference on HB 1315 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1315 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Hugh M. Gillis, Sr.
Senator, 20th District /s/ Eric Johnson
Senator, 1st District /s/ Rene' D. Kemp
Senator, 3rd District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Ann R. Purcell Representative, 147 District /s/ Buddy DeLoach Representative, 172nd District Is/ Robert (Bob) Banner Representative, 159th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1315

A BILL
To be entitled an Act 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; to authorize the commissioner of natural resources to establish times and places for the noncommercial taking of shrimp; to establish a limit on shrimp taken by a cast net, a seine, or a combination of a cast net and a seine; to provide for criminal sanctions; to provide for the assessment of a civil penalty; to provide for the taking of whelks; to provide conditions for the noncommercial taking of shrimp; to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, so as to change certain designations of boating safety zones and to change certain designated lakes where certain vessels shall be prohibited; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2202

JOURNAL OF THE SENATE

SECTION 1.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by inserting immediately following paragraph (10) of Code Section 27-1-2, relating to definitions relative to such title, the following:
"(10.1) 'Cast net' means a cone shaped net designed to be thrown and retrieved by hand and designed to spread out and capture fish and shrimp as the weighted circumference sinks to the bottom and comes together when pulled by a line."
SECTION 2.
Said title is further amended by inserting immediately following paragraph (13) of Code Section 27-1-2, relating to definitions relative to such title, the following:
"(13.1) 'Commercial cast net' means a cast net constructed of a minimum of fiveeighths inch bar mesh and having a radius not more than 12 feet and in compliance with the provisions of Code Section 27-4-13;
(13.2) 'Commercial cast netting" means taking shrimp for commercial sale for food purposes;"
SECTION 3.
Said title is further amended by inserting immediately following paragraph (59) of Code Section 27-1-2, relating to definitions relative to such title, the following:
"(59.1) 'Recreational bait shrimp cast net' means a cast net constructed of a minimum of three-eighths inch mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13. Such term shall include any cast net which exceeds such minimum mesh size.
(59.2) 'Recreational bait shrimp cast netting" means taking shrimp for noncommercial use as bait by means of a cast net.
(59.3) 'Recreational food shrimp cast net' means a cast net constructed of a minimum of one-half inch bar mesh with a radius not greater than eight feet and in compliance with the provisions of Code Section 27-4-13.
(59.4) 'Recreational food shrimp cast netting" means taking shrimp for noncommercial food purposes by means of a cast net."
SECTION 4.
Said title is further amended by inserting immediately following Code Section 27-4-12 a new Code section to read as follows:
"27-4-13.
(a) Except as otherwise provided in subsection (b) of this Code section, all cast nets used in the waters of the state shall be constructed of a uniform mesh size and a uniform mesh material from the thimble, also known as the horn, of the net to the lead line. The lead line shall consist of a line to which is attached a minimum of threefourths pounds of lead per radius foot.
(b) All cast nets used for taking shrimp in the waters of the state shall be constructed of a uniform mesh size and a uniform mesh material from the thimble, also known as the horn, of the net to the lead line. The brail or tuck lines shall be of uniform diameter and constructed of the same material as the mesh. The lead line shall consist of a round line to which is attached a minimum of three-quarters of a pound of lead per radius foot.

THURSDAY, MARCH 19, 1998

2203

(c) It shall be unlawful to use a cast net not in conformity with the provisions of this Code section. It shall be unlawful to possess in a vessel a cast net not in conformity with the provisions of either subsection (a) or subsection (b) of this Code section."
SECTION 5.
Said title is further amended by striking in its entirety Code Section 27-4-110, relating to the requirement for a commercial fishing license, and inserting in lieu thereof the following:
"27-4-110.
It shall be unlawful for any person other than a person in possession of a valid commercial crabbing license as provided for in Code Section 27-4-150, for purposes of such license, or a person in possession of a commercial food shrimp cast netting license as provided in Code Section 27-4-205, for purposes of such license, to engage in commercial fishing in any of the salt waters of this state without first obtaining a commercial fishing license. Such Each license shall be separate and distinct from each other and separate from and in addition to the commercial fishing boat license required by Code Section 27-2-8."
SECTION 6.
Said title is further amended by striking in its entirety paragraph (10) of Code Section 27-4-113, relating to lawful gear for use in commercial salt-water fishing, and inserting in lieu thereof the following:
\ jL\J) odSt iXSt/S U.Sti(l TO!" COHlill^l'Cidl \j illpuotiSin &CCOI uiiilCc vVltli AJ.Liiilc 4 01 Lilies
diaptui Commercial cast nets as defined in Code Section 27-1-2 and in compliance with Code Section 27-4-13;"
SECTION 7.
Said title is further amended by striking in its entirety Code Section 27-4-118, relating to required records relating to commercial salt-water fishing, and inserting in lieu thereof the following:
"27-4-118.
(a) Except for the taking of shellfish, it shall be unlawful for any buat ui vessel used person engaged in commercial fishing or in the taking of seafood in the salt waters of this state to fail to maintain at all times a record book showing the amount of fish, prawn, shrimp, and other seafood caught daily; the name and address of the person or persons to whom sold; the date of sale and the time and place of delivery; and such other information as may be required by the department. Such lecuids shall be availa-
ulc lui iiisj^tJuLiOiiu^y cnj-Lliui izit^u sLull ul Llic ucjjdi LiiidiL.
(b) Each person required to maintain records pursuant to the provisions of subsection (a) of this Code section shall report such information to the department at such times and in such manner as the board provides by rule or regulation."
SECTION 8.
Said title is further amended by inserting immediately following Code Section 27-4-118 the following:
"27-4-119.
It shall be unlawful for any person to take shrimp for commercial purposes by any cast net other than a commercial cast net as such term is defined in paragraph (13.1) of Code Section 27-1-2."

2204

JOURNAL OF THE SENATE

SECTION 9.
Said title is further amended by striking in its entirety Code Section 27-4-132, relating to the taking of shrimp for noncommercial purposes generally, and inserting in lieu thereof the following:
"27-4-132.
(a) Except as otherwise provided by law, it shall be unlawful to take shrimp for noncommercial purposes in the salt waters of the State of Georgia except by means of a recreational bait shrimp cast net or a recreational food shrimp cast net or by means of a beach seine of a length and mesh size authorized for use in salt waters by subsection (d) of Code Section 27-4-112.
(b) It shall be unlawful to take shrimp for noncommercial food purposes in the salt waters of the state by any cast net other than a recreational food shrimp cast net or by means of a beach seine. Violation of the provisions of this subsection shall constitute a misdemeanor.
(c) It shall be unlawful to take shrimp except at such times and places as the commissioner may establish. The commissioner is authorized to open or close any or a portion of the salt waters of this state to recreational food shrimp cast netting at any time between May 15 and the last day of February."
SECTION 10.
Said title is further amended by striking in its entirety Code Section 27-4-132.1, relating to limits on amount of shrimp taken by cast net and penalty for violation, and inserting in lieu thereof the following:
"27-4-132.1.
(a)(l) No person or group of persons occupying the same boat taking shrimp by means of a recreational food shrimp cast net may take or possess more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any 24 hum1 period day. No such person or group of persons occupying the same vessel may possess at any time more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails.
(2) No person or group of persons occupying the same vessel in possession of a commercial shrimp cast netting license taking shrimp by means of a commercial cast net may take in any day or possess at any time more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails taken by such commercial cast net or a combination of a commercial cast net and a seine.
(3) No group of persons occupying the same boat, one or more of whom is in possession of a commercial cast netting license and who are taking shrimp by means of a commercial cast net may take more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails taken by such commercial cast net or a combination of a commercial cast net and a seine in any day. No such group of persons occupying the same vessel may possess at any time more than 60 quarts of shrimp with heads or 38 quarts of shrimp tails.
(4) No one person taking shrimp solely by means of a seine, whether such person is acting alone or in a group of persons, may take more than 24 quarts of shrimp with heads or 15 quarts of shrimp tails taken by such seine in any day. No such person may possess at any time more than 24 quarts of shrimp with heads or 15 quarts of shrimp tails.

THURSDAY, MARCH 19, 1998

2205

(5) No person or group of persons shall have on board a vessel more than one type of cast net gear, and such person or group of persons shall be limited to the harvest limit allowable for the type of cast net gear on board.
(6) If any person or group of persons are in possession of a cast net and a seine, such person or group of persons shall be subject to the limits imposed upon taking shrimp by cast net.
(7) No vessel owner shall allow the vessel to be used by any person or persons to take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any 24 hum period day regardless of the number of trips made or the duration of any trip by such vessel. It shall be unlawful for any vessel owner or operator to allow a vessel to be left anchored and unoccupied for the purpose of receiving shrimp taken by the occupant of any other vessel.
(b)(l) Violation of subsection (a) of this Code section shall constitute a misdemeanor.
(2) In addition to any criminal penalties assessed, any person violating the provisions of subsection (a) of this Code section shall pay a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit.
(c) Whenever the commissioner or his or her designee has reason to believe that any person has violated subsection (a) of this Code section or any rule or regulation promulgated to implement such subsection, he or she may request and shall receive a hearing before an administrative law judge of the Office of State Administrative Hearings acting in place of the Board of Natural Resources, as provided by Code Section 50-13-41. Upon finding that such person has violated subsection (a) of this Code section, the administrative law judge shall impose a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit. The decision of the administrative law judge shall constitute a final decision in the matter, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 11.
Said title is further amended by striking in its entirety Code Section 27-4-133, relating to lawful nets, the opening and closing of waters, and related matters, and inserting in lieu thereof the following:
"(a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power-drawn net in any of the salt waters of this state for commercial shrimping for human consumption. All sounds shall be closed to such fishing, except that the commissioner may open Cumberland, St. Simons, Sapelo, St. Amhewb Andrew, Wassaw, or Ossabaw sounds or any combination of such sounds at any time between September 1 and December 31, provided that he or she has determined that the shrimp in the waters of each sound to be opened are 45 or fewer shrimp with heads on to the pound; and he the commissioner shall close each sound so opened when he or she has determined that the shrimp in the waters of the sound exceed 45 shrimp with heads on to the pound. The commissioner may open any waters outside, on the seaward side, of the sounds between June 1 May 15 and December 31, provided that he or she has determined that the shrimp in such outside waters are 45 or fewer shrimp with heads on to the pound; and he the commissioner shall close the waters so opened when he or she has determined that the shrimp in such outside waters exceed 45 shrimp with heads on to the pound. The commissioner may open any waters outside the sounds during the months of January and February, provided that he or she has determined

2206

JOURNAL OF THE SENATE

that the shrimp in such outside waters are 50 or fewer shrimp with heads on to the pound; and he the commissioner shall close such outside waters so opened when he or she has determined that the shrimp in such outside waters exceed 50 shrimp with heads on to the pound. The department shall conduct inspections for such shrimp count, and a determination by the commissioner shall be conclusive as to the count. The commissioner shall provide public notice of the opening and closing of such waters, as provided in this Code section, by posting a notice of all openings and closings at the courthouse and on all shrimp docks and by such other means as may appear feasible. The notices shall be posted at least 24 hours prior to any change in the opening and closing of any such waters, provided that such notice is required only when waters are opened or closed by action of the commissioner.
(b) It shall be unlawful to use a power-drawn net in any of the salt waters of this state except between the hours of 5:00 A.M. eastern standard time and 8:00 P.M. eastern standard time. It shall also be unlawful to use a power-drawn net in any sound between the hours of 8:00 P.M. eastern standard time on Saturday and 5:00 A.M. eastern standard time on Monday.
(c) (1) Except as otherwise specifically provided, it shall be unlawful to fish with nets other than cast nets in any of the tidal rivers or creeks, except to fish for shad or sturgeon, provided that nothing contained in this Code section shall be construed so as to prohibit any person from using a beach seine along any public beach.
(2) It shall be unlawful to fish for shrimp in the salt waters of the state by means of a seine or a cast net other than a bait shrimp cast net except at such times and places as the commissioner may establish. The commissioner is authorized to open or close for such purpose any or a portion of the salt waters of this state at any time between May 15 and the last day of February, provided that the commissioner has determined that such action in opening or closing said salt waters is in accordance with current, sound principles of wildlife research and management.
(d) The department shall have the power to close all or any portion of the salt waters of this state to commercial and recreational fishing in the event of a disaster likely to cause seafood to be unfit for human consumption or in the event of any other emergency situation.
(e) Nothing contained in this Code section shall be construed to prohibit any person from fishing in the salt waters of this state for shrimp to be used or sold for live bait pursuant to Code Sections 27-4-170 and 27-4-171, provided that it shall be unlawful to use for obtaining shrimp for bait any trawl equipment which has been used for obtaining shrimp pursuant to this Code section.
(f) In accordance with current, sound principles of wildlife research and management, as provided by Code Section 27-4-130, the commissioner is authorized to authorize any person to take crabs or whelks with power-drawn nets of four-inch stretched mesh from any waters outside, on the seaward side, of the sounds at any time during the year, or from the waters of Cumberland, St. Simons, Sapelo, St. Andiewb Andrew, Wassaw, and Ossabaw sounds during the months of January, February, and March, when the commissioner has determined that taking of crabs or whelks within such waters will not be detrimental to the conservation of crabs or shrimp. Possession of any net with mesh smaller than that provided in this subsection while taking crabs or whelks shall be prima-facie evidence of the violation of this Code section.
(g) It shall be unlawful for any person taking shrimp for commercial purposes pursuant to this Code section to fail to have positioned on the bow or cabin of the boat tak-

THURSDAY, MARCH 19, 1998

2207

ing such shrimp a board with a background color of daylight fluorescent orange and with such numerals and letters painted or affixed thereon as are specified by the department for the boat. The numerals and letters shall be at least 16 inches in height, black in color, of block character, and spaced so as to be readable from the air from left to right. Tliu numerals ami lettei!! lequiied fui tumpliauce with this subbecliuii
niitll Ijts ucoigiicii tiiu luiuislicu ijy Llic \lc^/ai LinciiL. llic iiuuicidlD ami IcLLcis alictll uc
1 Ul lllCJllCU ^Cl HJ\ll\^~CLliy at LllC LilliC UUllllllCl UlCll llSlllllg^ UucxL lll^dloCA 11C li^OUCU ^lUl'BU"
clliL Lu Lyu^lc kJcCLiOu J&Y-J&-O.
(h) Any determination to open or close the salt waters pursuant to this Code section shall be made in accordance with current, sound principles of wildlife research and management."
SECTION 12.
Said title is further amended by striking in its entirety Code Section 27-4-136, relating to the maintenance of records by suppliers of certain sea food, and inserting in lieu thereof the following:
"27-4-136.
(a)(l) It shall be unlawful for any person owning or operating shellfish canning or shucking facilities or otherwise dealing in purchasing, landing, packing, or supplying raw shrimp, shellfish, crabs, fish, or other seafood for commercial purposes to fail to keep a record in which is entered the amount of shrimp, shellfish, crabs, fish, or other seafood taken from Georgia waters for commercial purposes; the name of each person from whom purchased; the date and price of purchase; the grade and quantity purchased; the name, number, and approximate tonnage of the boat in which they were brought to the facility; the number of calendar days expended in harvesting the product; the approximate location or locations of harvest; the quantity canned and packed for shipment; and- the date and amount of each shipment; and such other information as the department requires. It shall be unlawful fui any
Sudl ja DVJII CO 1ml Lu iuuK.c an iLciiii<6cil wnlLdi ic^juiL Lu Llic ilc^ii LiueilL ul Llic 111-
lui iiiaLiuii i CI^UAX cil uy Lino Uuilc oc^Liun 111 & lui lii ZTS j^ji'ctii^i iucil 0y Lllc uc^jftx LuicxiL
\jy nut latci Lliaii tlic lillili \lay ui cav;li muiitli.
(2) Each person required to maintain records pursuant to paragraph (1) of this subsection shall report such information to the department at such times and in such manner as the board provides by rule or regulation.
(b) It shall be unlawful for any master collecting permittee to fail to maintain records in a form as prescribed by the Department of Agriculture."
SECTION 13.
Said title is further amended by striking in its entirety subsection (a) of Code Section 27-4-138, relating to penalties for offenses pertaining to the operation of commercial fishing boats engaged in illegal fishing with power drawn nets, and inserting in lieu thereof the following:
"(a)(l) As used in this Code section, the term 'fishing day' means any day in any period during which the waters of this state are open to commercial shrimping pursuant to Code Section 27-4-133 and any administrative order of the commissioner.
(2) Any person on board any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133 or of Code Section 52-7-13 with regard to waters identified in paragraph (1) of subsection (a) of such Code section, which violation occurs not more than one-fourth mile within any waters which are

2208

JOURNAL OF THE SENATE

closed or declared a boating safety zone at the time of the violation, shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows:
(A) For the first offense, the person shall be fined not less than $500.00;
(B) For the second offense, the person shall be fined not less than $1,500.00 and given a mandatory suspension from any commercial fishing for ten fishing days; and
(C) For the third or any subsequent offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days.
(3) Any person in command of any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133, which violation occurs onefourth mile or more within any waters which are closed at the time of the violation, shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows:
(A) For the first offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days;
(B) For the second offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for 120 fishing days; and
(C) For the third or any subsequent offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for one year.
(4) Any person who violates a mandatory suspension provided for in paragraphs (2) and (3) of this subsection shall, upon a proper showing, be subject to imprisonment for a period not to exceed 12 months."
SECTION 14.
Said title is further amended by inserting immediately following Code Section 27-4-138 two new Code sections to read as follows:
"27-4-139.
(a) It shall be unlawful for any person engaged in recreational food shrimp cast netting to use any cast net other than a recreational food shrimp cast net as such term is defined in Code Section 27-1-2 and which is in compliance with Code Section 27-4-13.
(b) It shall be unlawful for any person to sell for human consumption shrimp taken by a recreational food shrimp cast net.
(c) Any person convicted of violating the provisions of this Code section shall be guilty of a misdemeanor.
27-4-140.
(a) Any enforcement officer or other law enforcement officer who discovers an illegal cast net being used on the waters of this state shall confiscate the net, which shall be forfeited.
(b) Any person convicted of using an illegal cast net to take shrimp from the waters of this state for commercial sale for food purposes shall be guilty of a misdemeanor.
(c) Any person convicted for the second or any subsequent time of using an illegal cast net to take shrimp from the waters of this state for commercial sale for food purposes

THURSDAY, MARCH 19, 1998

2209

shall, in addition to any other penalty imposed by law, forfeit the vessel on which the violation occurred and in addition all commercial fishing and boat licenses issued to such person shall be revoked in accordance with the provisions of Code Section 27-225.
(a) Any person convicted of illegally taking shrimp from the waters of this state for commercial sale for food purposes shall be guilty of a misdemeanor. Possession of a commercial cast net shall be prima facie evidence of the intent of the person or persons so in possession to take shrimp for commercial purposes."
SECTION 15.
Said title is further amended by inserting at the end of Code Section 27-4-170, relating to sport bait shrimping, the following:
"(d)(l) It shall be unlawful for any person engaged in recreational bait shrimp cast netting to use any cast net other than a recreational bait shrimp cast net as such term is defined in Code Section 27-1-2 and in compliance with Code Section 27-4-13.
(2) The salt waters of the state shall be open to recreational bait shrimp cast netting at any time of the year; provided, however, that any person taking shrimp under this paragraph shall possess at any time no more than two quarts of bait shrimp at any time, all of which may be dead; and provided, further, that any such person may take a maximum of four quarts of bait shrimp during any day. When two or more persons taking shrimp under this subsection occupy the same boat, there may be no more than four quarts of bait shrimp on board the boat at any time, all of which may be dead; and the persons occupying the boat may together take a maximum of eight quarts of bait shrimp during any day."
SECTION 16.
Said title is further amended by inserting immediately following Part 3 of Article 4 of Chapter 4, relating to seafood, the following:
"Part 5
27-4-205.
It shall be unlawful for any person to take shrimp with a cast net from the waters of the state for commercial sale for food purposes or to sell for food purposes any shrimp he or she has taken with a cast net from the waters of the state unless he or she is in possession of a commercial food shrimp cast netting license as provided in this part. Such license shall be required in addition to a commercial fishing boat license issued pursuant to Code Section 27-2-8.
27-4-206.
(a) The department may issue no more than 200 commercial food shrimp cast netting licenses as provided in this Code section. Such licenses shall be issued only to individuals and shall not be transferable.
(b) The department shall issue commercial food shrimp cast netting licenses for the 1998-1999 license year in order of the date and time the application was received to individuals who:
(1) Were in possession of a valid 1997-1998 commercial fishing license issued on or before December 12, 1997;
(2) Were listed as owner or captain of a valid 1997-1998 commercial fishing boat license on the application for which a cast net was indicated as a commercial harvest gear on or before December 12, 1997; and

2210

JOURNAL OF THE SENATE

(3) Are able to provide evidence satisfactory to the department that they sold shrimp ex-vessel during the 1997-1998 license year on or before December 12, 1997.
(c) If the number of licenses issued pursuant to subsection (b) of this Code section does not total 200, the department may issue the remaining allotment of commercial food shrimp cast netting licenses in the initial or any subsequent license year by lottery devised and operated by the department.
(d) The department shall charge a license fee for the commercial food shrimp cast netting license in the amount of $250.00 for a resident commercial food shrimp cast netting license and $2,500.00 for a nonresident commercial food shrimp cast netting license.
(e) Any license which is not renewed in subsequent license years shall revert to the department to be issued as provided in subsection (c) of this Code section."
SECTION 17.
Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a)(l) The following are established as boating safety zones from May 1 through the following September 30:
(A)ffl The ocean waters adjacent to Jekyll Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Jekyll Beach from the northernmost point to the southernmost point of Jekyll Island;
(BX2) The ocean waters adjacent to Tybee Island Beach, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Tybee Island Beach from the northernmost point to the southernmost point of Tybee Island Beach;
(CX3) The ocean waters adjacent to Saint Simons Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Saint Simons Island from the northernmost point to the southernmost point of Saint Simons Island; and
(DX4) The ocean waters adjacent to Sea Island, which shall include all those waters for a distance of 1,000 feet from the high-water mark on Sea Island from the northernmost point to the southernmost point of Sea Island.;
(2) The following are established as boating safety zones at all times of the year:
(A)tfr) The area within the marked boundary of any designated swimming area; and
(B)f6) The area within the marked boundary upstream or downstream of any dam designated by the commissioner."
SECTION 18.
Said Code section is further amended by striking in its entirety subsection (d) and inserting in lieu thereof the following:
"(d) The operation of any vessel, specifically including a houseboat, with a marine toilet, galley, or sleeping quarters shall be prohibited on Lake Burton, Bull Sluice Lake, Goat Rock Lake, Lake Harding, Lake Jackson, North Highlands Lake, Lake Oliver, Lake Rabun, Seed Lake, Tallulah Falls Lake, Tugalo Lake, Lake Wuitli, Lake Oconee, and Yonah Lake."

THURSDAY, MARCH 19, 1998

2211

SECTION 19. This Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 20.
All laws and parts of laws in conflict with this Act are repealed. Senator Gillis of the 20th moved that the Senate adopt the Conference Committee re-
port on HB 1315. On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

Price,T

N Blitch

Y Harbison

Y Ragan

Y Boshears

Henson

Y Ralston

Bowen

N Hill

Ray

Y Broun, 46th

Y Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Scott

Brush

Y James

Starr

Y Burton

Y Johnson.D

Y Stokes

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

Langford

Y Thomas,N

Y Egan

Y Madden

Thompson

Y Fort

Y Marable

Y Turner

Y Gillis

Middleton

Y Tysinger

Y Glanton

Y Oliver

Walker

Y Gochenour

Y Perdue

On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1315.

The following bills were taken up to consider House action thereto:

HB 300. By Representatives Byrd of the 170th and Lee of the 94th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Annotated, relating to licensing required for electrical, plumbing, or conditioned air contracting and businesses conducted by partnerships, limited liability companies, and corporations, so as to regulate certain sales or the furnishing of major components of a conditioned air system.
Senator Tysinger of the 41st moved that the Senate recede from its amendment to HB 300.
On the motion, 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
Cagle Y Cheeks Y Clay

Y Crotts Y Dean Y Egan Y Fort Y Gillis

2212

JOURNAL OF THE SENATE

Glanton

Y Lamutt

Y Roberts

Y Gochenour

Y Land

Y Scott

Y Griffin

Langford

Starr

Y Guhl

Y Madden

Y Stokes

Y Harbison

Y Marable

Y Streat

Henson

Y Middleton

Y Tanksley

Y Hill

Y Oliver

Y Taylor

Y Hooks

Y Perdue

Y Thomas,D

Y Huggins

Y Price,R

Thomas,N

Y James

Y Price,T

Thompson

Y Johnson,D

Y Ragan

Y Turner

Y Johnson.E

Y Ralston

Y Tysinger

Y Kemp

Y Ray

Walker

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate re-

ceded from its amendment to HB 300.

SB 139. By Senators Thomas of the 10th, Price of the 56th, Thomas of the 54th and Balfour of the 9th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to prohibit the Department of Medical Assistance from establishing a drug formulary that restricts by any prior approval process a physician's ability to treat a patient with a prescription drug that has been approved by the United States Food and Drug Administration.
The House amendment was as follows:
Amend the Senate amendment to the House substitute as follows:
On line 12 after the period add "when such recipients are inpatients of said hospitals."
Senator Price of the 56th moved that the Senate disagree to the House amendment.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate amendment to the House substitute to SB 139.
The following bill was taken up to consider the Conference Committee report thereto:

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.

The Conference Committee report on HB 1337 was as follows:

The Committee of Conference on HB 1337 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1337 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ Edwin A. Gochenour
Senator, 27th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Frank E. Stancil Representative, 91st District

THURSDAY, MARCH 19, 1998

2213

/s/ Robert Lamutt Senator, 21st District
/s/ Steven E. Langford Senator, 29th District

/s/ Roy E. Barnes Representative, 33rd District
Isi Newt Hudson Representative, 156th District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1337

A BILL
To be entitled an Act 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; to provide that certain information shall be printed on county and municipal construction permits; to provide that any person or entity which is issued a permit which authorizes improvements to new or existing residential or commercial real property shall be required to post a copy of such permit in a conspicuous place in the vicinity of such property where such improvements are being undertaken or deliver a copy of the permit to the property owner within ten days after the permit is received; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard building codes, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(l) Any county or municipal building permit issued in this state to a general contractor or homebuilder for residential or commercial construction shall have prominently printed thereon at least one inch apart from any other text on such permit and in type size and boldness equal to or greater than any other type size and boldness in the body of the permit the following:
'The issuance of this permit authorizes improvements of the real property designated herein which improvements may subject such property to mechanics' and materialmen's liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such property and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a consumer's guide to the lien laws which may be available at building supply home centers.'
f)(2) Any county or municipal building construction permit, including but not limited to mechanical, plumbing, or electrical permits, issued in this state on existing residential or commercial property shall have prominently printed thereon at least one inch apart from any other text on such permit and in type size and boldness equal to or greater than any other type size and boldness on in the body of the permit the following:
'The issuance of this permit authorizes improvements of the real property designated herein which improvements may subject such property to mechanics' and materialmen's liens pursuant to Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated. In order to protect any interest in such property and to avoid encumbrances thereon, the owner or any person with an interest in such property should consider contacting an attorney or purchasing a con-

2214

JOURNAL OF THE SENATE

sumer's guide to the lien laws which may be available at building supply home centers.'
(2)(3) Any person who or entity which is issued a permit which authorizes improvements to a tract uf leal piupbily which is being used ur will be used fui new or existing residential puipusbs or commercial real property shall be required to:
(A) Post post a copy of such permit in a conspicuous place in the vicinity of such property where such improvements are being undertaken?; or
(B) Deliver a copy of the permit to the property owner within ten days after the permit is received."
SECTION 2.
This Act shall become effective on January 1, 1999, except that no county or municipality shall be required to implement the requirements of this Act until such time as the county or municipality has consumed all building permit forms on hand as of January 1, 1999.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Gochenour of the 27th moved that the Senate adopt the Conference Committee report on HB 1337.
On the motion, a roll call was taken, and the vote was as follows:

Y Abernathy

Y Griffin

Y Price,R

Y Balfour

Y Guhl

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

Y Brown, 26th

Y Huggins

Y Scott

Y Brush

James

Starr

Y Burton

Y Johnson.D

Y Stokes

Y Cagle

Y Johnson,E

Y Streat

Y Cheeks

Y Kemp

Y Tanksley

Clay

Y Lamutt

Y Taylor

Y Crotts

Y Land

Y Thomas,D

Y Dean

Langford

Y Thomas,N

Y Egan

Y Madden

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 motion, the yeas were 49, nays 0; the motion prevailed, and the Senate

adopted the Conference Committee report on HB 1337.

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

HB 1448. By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions

THURSDAY, MARCH 19, 1998

2215

relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.

Senator Brush of the 24th moved that Conference Committee #1 be discharged and that a second Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed and the President appointed as a second Conference Committee the following: Senators Thompson of the 33rd, Brush of the 24th and Hill of the 4th.

Senator Brush of the 24th asked unanimous consent that the Senate suspend the portion of Rule 156 requiring a Conference Committee report to be printed and distributed one (1) hour before being considered by the Senate.

The consent was granted and HB 1448 was taken up to consider the second Conference Committee report thereto.

The Conference Committee report #2 was as follows:

The Committee of Conference on HB 1448 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1448 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ B. Joseph Joey Brush
Senator, 24th District /s/ Steve Thompson
Senator, 33rd District /s/ Jack Hill
Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Robin L. Williams Representative, 114th District /s/ Ben L. Harbin Representative, 113th District Is/ Bobby Eugene Parham Representative, 122nd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1448

A BILL

To be entitled an Act to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 40-9-101 of the Official Code of Georgia Annotated, relating motor vehicle self-insurers, is amended by striking subparagraph (a)(3)(G) and inserting in lieu thereof the following:

"(G) Until December 31, tt&? 1998, the provisions of subparagraph (C) of this

paragraph shall not apply to taxicab self-insurers which were located in counties

with populations of 400,000 or less according to the United States decennial cen-

sus of 1990 or any future such census and were licensed by the Commissioner of

Insurance on December 31, i996 1997."

~~

SECTION 2.

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

2216

JOURNAL OF THE SENATE

Senator Brush of the 24th moved that the Senate adopt Conference Committee report #2 on HB 1448.
On the motion, a roll call was taken, and the vote was as follows:

Y Abemathy

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

Hooks

Y Roberts

Y Brown, 26th

Y Huggins

Scott

Y Brush

Y James

Starr

Y Burton

Y Johnson,D

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

Langford

Y Thomas,N

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 motion, the yeas were 48, nays 0; the motion prevailed, and the Senate

adopted Conference Committee report #2 on HB 1448.

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

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 Walker of the 22nd moved that the Senate insist on its amendment to HB 95.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 95.
The following resolutions were read and adopted:

SR 817. By Senators Cagle of the 49th, Johnson of the 1st, Clay of the 37th and others: A resolution commending Senator David Ralston of the 51st District.
SR 818. By Senators Ragan of the llth and Turner of the 8th: A resolution commending the Thomasville High School Lady Bulldogs basketball team.
SR 819. By Senator Glanton of the 34th:

THURSDAY, MARCH 19, 1998

2217

A resolution honoring Edwin Dominique Lee for leading his basketball team to a championship and for his selection as the division's Most Valuable Player.
SR 820. By Senator Glanton of the 34th: A resolution commending Sean J. E. Lancette.
SR 821. By Senator Egan of the 40th: A resolution commending the Sacred Heart Catholic Church of Atlanta, Georgia.
SR 823. By Senator Thompson of the 33rd: A resolution honoring Dr. James A. Griffith
SR 824. By Senator Johnson of the 2nd: A resolution recognizing and commending Honorable Gwendolyn P. Goodman.
SR 825. By Senator Johnson of the 2nd: A resolution recognizing and commending Ms. Geraldine Price.
SR 826. By Senator Johnson of the 2nd: A resolution recognizing and commending Honorable Priscilla D. Thomas.
SR 827. By Senator Johnson of the 2nd: A resolution recognizing and commending Dr. Ernest S. Brown.
SR 828. By Senators Gochenour of the 27th, Clay of the 37th, Ralston of the 51st and others: A resolution commending the Honorable Pam Glanton.
SR 829. By Senators James of the 35th, Fort of the 39th, Stokes of the 43rd and others: A resolution expressing regret at the passing of Chuck Williams.
SR 830. By Senator Johnson of the 2nd: A resolution recognizing and commending James K. Davis.
SR 831. By Senator Johnson of the 2nd: A resolution recognizing the late Mrs. Anne Wolfshohl Land.
SR 832. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Gary M. Holmes.
SR 833. By Senators Thompson of the 33rd and Johnson of the 1st: A resolution commending the Secretary of the Senate and the staff thereof.
SR 834. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Mrs. Pauline Woods.
SR 835. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Oscar White.
SR 836. By Senators Johnson of the 2nd and Johnson of the 1st:

2218

JOURNAL OF THE SENATE

A resolution recognizing and commending Mr. Frank Chappell.
SR 837. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Mrs. Janette Scott.
SR 838. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending Ms. Jetty Adams.
SR 839. By Senators Johnson of the 2nd and Johnson of the 1st: A resolution recognizing and commending The Herald.
SR 840. By Senator Hill of the 4th: A resolution creating the Senate Study Committee on Confined Swine Feeding Operations.
SR 841. By Senator Hill of the 4th: A resolution creating the Senate Study Committee on Rural Hospitals and Rural Health.
SR 842. By Senators Perdue of the 18th, Clay of the 37th, Walker of the 22nd and many, many others: A resolution commending Herschel Beazley, Beutelle and Maurice Boatwright, Sherry Friedman, James Hayes, Lorenzo Wallace, Frank Welton, and other doorkeepers of the Senate.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President:
The House has agreed to the Senate amendments to the following bills of the House:
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.
HB 1163. By Representatives Walker of the 141st, Banner of the 159th, Murphy of the 18th and others: A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to establish a requirement for owners of large public waste-water treatment facilities to privatize the operation and maintenance of their systems if violations of permits occur.
HB 1404. By Representatives Benefield of the 96th and McCall of the 90th: 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.

THURSDAY, MARCH 19, 1998

2219

HB 1160. By Representatives Walker of the 141st, Hudson of the 156th, Royal of the 164th and others:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to enactment of binding ordinances by municipal councils, so as to provide that the governing authority of a municipal corporation may authorize the execution of a contract specifying the rates, fees, or other charges which will be charged and collected by the municipal corporation for utility services provided by the municipal corporation to one or more utility customers.
HB 932. By Representatives Randall of the 127th, Walker of the 141st and Irvin of the 45th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, physician's assistants, and respiratory care, so as to provide that the Composite State Board of Medical Examiners shall function as a separate state agency and shall be a separate budget unit of state government.
HB 1913. By Representative Smith of the 19th:
A bill to create a board of elections and registration for Dawson County and provide for its powers and duties.
HB 1884. By Representative Tillman of the 173rd:
A bill to amend an Act providing for the election of the members of the board of education of Mclntosh County, so as to change the compensation of the chairperson and members of said board.
HB 1373. By Representatives Irvin of the 45th, Ashe of the 46th, Ehrhart of the 36th and others:
A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices, so as to change the prohibitions against strikes by state employees so as to apply to additional public employees.
HB 1499. By Representative Barnes of the 33rd:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to provide that certain records which would reveal certain information concerning law enforcement officers, members of their families, or their dependents shall not be subject to disclosure.
HB 1228. By Representatives Martin of the 47th, Alien of the 117th, Hecht of the 97th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated.
HB 1707. By Representative McCall of the 90th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and maintenance, so as to provide for certain additional powers and duties of the Department of

2220

JOURNAL OF THE SENATE

Natural Resources and the Board of Natural Resources with respect to compliance with the federal Clean Air Act, as amended, enforcement of vehicle emission standards, regulation of vehicle emission inspections, and enforcement of vehicle emission standards and regulations.
HB 1633. By Representatives McCall of the 90th, Hanner of the 159th, Lane of the 146th and others:
A bill to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to provide limited liability for owners and operators of fishing locations under certain circumstances.
HB 155. By Representative Dobbs of the 92nd:
A bill to amend Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation procedures generally, so as to establish qualifications and payment for assessors; to provide for award of reasonable expenses in condemnation cases; to repeal the provisions relating to special masters in condemnation cases; to amend Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia Annotated.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 1550. By Representatives Teper of the 61st, Porter of the 143rd, Buck of the 135th and others:
A bill to amend Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school property and facilities, so as to authorize county boards of education to build schoolhouses on real property leased from the state or a political subdivision, instrumentality, agency, or authority of the state; to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to sale or disposition of county property.
HB 1585. By Representatives Ragas of the 64th, Martin of the 47th and Mobley of the 69th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to change provisions relating to court orders removing a child from home and family preservation and reunification efforts.
HB 1126. By Representative Connell of the 115th:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Golf Hall of Fame Authority.
HB 353. By Representatives Ashe of the 46th, Smith of the 175th, Coleman of the 80th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Code Section 20-2-255, relating to petitions for charter school status; to enact the "Charter Schools Act of 1997".

THURSDAY, MARCH 19, 1998

2221

HB 1603. By Representative Royal of the 164th:
A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation, so as to change certain provisions with respect to the effective date of annexation.
HB 1540. By Representatives Stancil of the 16th, Royal of the 164th, Pinholster of the 15th and others:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, "The Zoning Procedures Law," so as to provide for the transfer of development rights.
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 1183. By Representative Ashe of the 46th:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to eligibility for and exceptions from free public education, so as to provide for the state to reimburse local units of administration for reasonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility.
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 1420. By Representatives Polak of the 67th, Sherrill of the 62nd, O'Neal of the 75th 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 make unlawful certain practices relating to requests for advance payment and telemarketing transactions.
HB 884. By Representatives Hugley of the 133rd, Taylor of the 134th and Polak of the 67th:
A bill to amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, so as to provide for the denial or suspension of a license for failure to repay a student loan; to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the denial or suspension of licenses for mortgage lenders and brokers for failure to repay a student loan.
HB 661. By Representatives Baker of the 70th, Cummings of the 27th, Shanahan of the 10th and others:

2222

JOURNAL OF THE SENATE

A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position covered by the other retirement system may elect membership in either retirement system.
HB 1923. By Representative Smith of the 169th:
A bill to create the State Court of Bacon County.
HB 1372. By Representative Polak of the 67th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to make certain changes to conform with the federal National Securities Markets Improvements Act of 1996.
HB 978. By Representatives Wiles of the 34th, Davis of the 60th, Ehrhart of the 36th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide immunity to manufacturers, distributors, dealers, and sellers of motor vehicles from civil liability for injuries caused by failure of an air bag to deploy in certain circumstances.
HB 1640. By Representatives Lane of the 146th, Dobbs of the 92nd, Hanner of the 159th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to provide for the creation of a lifetime sportsman's license; to set fees for such a license; to establish eligibility criteria; to provide for penalties for fraudulent acquisition of such a license; to establish the Wildlife Endowment Fund.
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.
HB 1596. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
HB 1641. By Representative Barnes of the 33rd:
A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Annotated, relating to liability of voluntary health care providers and sponsoring

THURSDAY, MARCH 19, 1998

2223

organizations, so as to provide for an exemption from liability under certain circumstances for chiropractors who provide voluntary health care services.
HB 1642. By Representative Barnes of the 33rd:
A bill to amend Code Section 15-1-9.2 of the Official Code of Georgia Annotated, relating to requests for assistance of senior judges, so as to provide that any judge with a combination of ten years of service in a combination of certain courts shall be eligible for appointment as senior judge.
HB 1327. By Representatives Smith of the 109th, Howard of the 118th, Bannister of the 77th and others:
A bill to amend Code Section 24-3-18 of the Official Code of Georgia Annotated, relating to the admissibility of medical reports, so as to provide that the provisions of said Code section shall not be applicable to workers' compensation claims; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for criminal penalties for willful retention of income benefits to which an employee is not entitled.
HB 1696. By Representative Shanahan of the 10th:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how mechanics and materialmen liens are declared and created, so as to provide that failure to execute a notice of lien shall be an amendable defect.
HB 1485. By Representative Shanahan of the 10th:
A bill to amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, so as to allow the time period for existence of the district to range from five years to ten years.
HB 516. By Representatives Channell of the lllth, Jenkins of the 110th and Greene of the 158th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change provisions relating to failure to complete training required for judges of the probate courts.
HB 1274. By Representative Powell of the 23rd:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, so as to provide exemptions to the requirement to disclose certain information when such disclosure is prohibited by or constitutes a violation of federal or state laws or regulations.
HB 1360. By Representatives Powell of the 23rd, Floyd of the 138th and Coleman of the 142nd:
A bill to amend Code Section 16-11-126 of the Official Code of Georgia Annotated, relating to the offense of carrying a concealed weapon, so as to provide that the provisions of said Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11129 from transporting a loaded firearm in any private passenger motor vehicle

2224

JOURNAL OF THE SENATE

in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle.
HB 1435. By Representatives Henson of the 65th, Mueller of the 152nd, Jones of the 71st and others:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to continuing education and the scope of practice of chiropractic.
HB 1576. By Representatives West of the 101st, Stallings of the 100th, Murphy of the 18th 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 an exception from the definitions of "food sales establishment" and "food service establishment" for certain tax exempt organizations under certain conditions.
HB 203. By Representatives McBee of the 88th, Cummings of the 27th, Shanahan of the 10th 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.
The House has agreed to the Senate amendments to the following resolutions 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".
HR 812. By Representatives Barnard of the 154th, Lee of the 94th, Murphy of the 18th and others:
A resolution designating the Dewey D. Rush Highway.
The House has agreed to the Senate substitutes to the following resolutions of the House:
HR 825. By Representative Powell of the 23rd:
A resolution authorizing the conveyance of certain state owned real property located in Franklin County.
HR 1111. By Representatives Sauder of the 29th, Murphy of the 18th, Irvin of the 45th and others:
A resolution designating the Matthew A. Towery Bridge.
The House recedes from its position in amending the following bill of the Senate:
SB 474. By Senators Hooks of the 14th, Perdue of the 18th, Starr of the 44th and others:

THURSDAY, MARCH 19, 1998

2225

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.
The House recedes from its position in substituting the following bill of the Senate:
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 House recedes from its position in disagreeing to the Senate amendment to the following bill of the House:
HB 1086. By Representatives Henson of the 65th, Orrock of the 56th, Trense of the 44th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide legislative findings and declarations relative to osteoporosis occurrence, prevention, detection, and treatment; to provide for patient education relative to osteoporosis prevention and treatment; to provide for certain required insurance coverage.
The House recedes from its position in disagreeing to the Senate amendment to the following bill of the House:
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.
The House has adopted the report of the Committee of Conference on the following bills of the House:
HB 1250. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1998, and ending June 30, 1999.
HB 609. By Representatives Polak of the 67th, Royal of the 164th, Jamieson of the 22nd and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the

2226

JOURNAL OF THE SENATE

public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax.
HB 1202. By Representatives McBee of the 88th, Holland of the 157th and Hudgens of the 24th:
A bill to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to the fixing and publishing of qualifying fees, so as to provide that for certain offices, the qualifying fee shall be based on the minimum salary mandated by general law.
HB 1394. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft.
HB 1730. By Representatives Walker of the 141st, Buck of the 135th, Dix of the 76th and others:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for the recovery of attorney's fees and expenses in certain civil actions brought against judicial officers and arising out of the performance of such officers' duties.
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.
HB 409. By Representatives Porter of the 143rd, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program.
HB 1393. By Representatives Channell of the lllth, Rogers of the 20th, Reichert of the 126th and others:
A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs.
HB 1352. By Representative Lane of the 146th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the saltwater separation point; to change certain provisions relating to

THURSDAY, MARCH 19, 1998

2227

identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state.
HB 1604. By Representative Barnes of the 33rd:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so as to authorize housing authorities to prohibit any person who is not a resident of a project from entering, loitering, or remaining upon the common areas of such project, except in certain circumstances.
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 1253. By Representatives James of the 140th, Reaves of the 178th, Floyd of the 138th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia State Nutrition Assistance Program.
HB 1430. By Representatives Powell of the 23rd, Parham of the 122nd, Lee of the 94th and others:
A bill.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 registration and license requirements and penalties; to change certain provisions relating to transfer of license plates and revalidation decals.
The House has adopted the report of the Committee of Conference on the following bills of the Senate:
SB 369. By Senator Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to senior judges and Senior Appellate Court Justices and Judges serving as judges of the appellate courts; to change the provisions relating to compensation, travel, per diem, and pay allowances.
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.
SB 573. By Senators Ray of the 48th, Perdue of the 18th, Clay of the 37th and others:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to change the definition of zoning decision to include the grant of a special use permit.

2228

JOURNAL OF THE SENATE

SB 337. By Senators Thompson of the 33rd, Streat of the 19th, Langford of the 29th and others:
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.
The House has adopted the report of the Committee of Conference on the following resolutions of the Senate:
SR 529. By Senators Starr of the 44th, Thomas of the 10th, Taylor of the 12th and others:
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.
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.
The House has adopted the report of the 2nd Committee of Conference on the following bills of the House:
HB 233. By Representatives Heard of the 89th, McBee of the 88th, Sherrill of the 62nd and others:
A bill to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to provide for increased penalties for felony insurance fraud committed against persons 60 years of age or older.
HB 1448. By Representative Williams of the 114th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 441. By Representatives Cummings of the 27th, Shanahan of the 10th, McBee of the 88th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retirement system.

THURSDAY, MARCH 19, 1998

2229

HB 1511. By Representatives Coleman of the 142nd, Holmes of the 53rd, Scott of the 165th and others:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to provide that complaints or information from public employees directed to members of the General Assembly concerning fraud, waste, and abuse in or relating to any state programs or operations shall be confidential.
HB 32. By Representatives Byrd of the 170th and Mosley of the 171st:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for competitive bidding when a county or municipal corporation constructs or renovates a building or other real property to be leased by the state.
HB 1650. By Representatives Coleman of the 142nd, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, so as to provide for the creation of state service delivery regions.
HB 862. By Representative Harbin of the 113th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to exempt policies and contracts of insurance issued by insurers who do not use independent agents from certain countersignature requirements.
The House has agreed to the Senate amendment to the following bill of the House:
HB 1423. By Representatives Royal of the 164th and Shanahan of the 10th:
A bill to amend Code Section 45-20-9 of the Official Code of Georgia Annotated, relating to procedure for conduct of hearings and appeals regarding adverse personnel actions, so as to provide for the filing of certain appeals with the Office of State Administrative Hearings.
The House has agreed to the Senate amendments to the House substitutes to the following bills of the Senate:
SB 444. By Senators Oliver of the 42nd, Scott of the 36th, Stokes of the 43rd and others:
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.
SB 111. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 3-4-23 of the Official Code of Georgia Annotated, relating to the certificate of residence required for a retail distilled spirits dealer's license or tax stamps, so as to provide that an applicant for a retail dealer's license or tax stamps for distilled spirits for a location within a municipality where distilled spirits may legally be sold may reside anywhere within the county in which the municipality is located.

2230

JOURNAL OF THE SENATE

SB 158. By Senators Brown of the 26th, Oliver of the 42nd, Thomas of the 10th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions.
Pursuant to the provisions in HR 1165, adopted previously, the President announced the Senate adjourned sine die at 11:34 P.M. on March 19, 1998.

INDEX

2231

Senate Journal Index
1998 Regular Session

INDEX

2233

PARTI

SENATE BILLS AND RESOLUTIONS

SB

2 Driver's Licenses and ID cards; repeal fingerprinting

requirement. ...................................................No action in 1998

SB

3 Inmates; costs of incarceration; reimbursement to

state............................................................. No action in 1998

SB

4 Felony Criminal Offenders; not eligible parole or

reduced sentence. ............................................. No action in 1998

SB

5 Sexually Violent Predators, Child Molesters; chemical

castration....................................................... No action in 1998

SB

6 Objects Packaged to Look Like Drug Pharaphernalia;

prohibited sales................................................ No action in 1998

SB

7 Drugs; accusation of illegal activity; declare property a

nuisance. .......................................................No action in 1998

SB

9 Richmond County; Board of Commissioners; tie votes;

chairperson-mayor. ............................................ 1282, 1286, 1287,

1290

SB

10 Richmond County; Boards, Commissions, Committees,

Authorities. ....................................................No action in 1998

SB

11 Augusta-Richmond County Coliseum Authority;

membership; appointment.................................... No action in 1998

SB

12 Business and Industry Recruitment; specific identity

protected........................................................ No action in 1998

SB

13 Securities Dealers; certain split commissions not

unethical........................................................ No action in 1998

SB

17 Drivers 16 Years Old; new provisional Class D license;

restrictions. .................................................... No action in 1998

SB

18 Juvenile Felons; Rehabilitation Training Camps;

establishment. ................................................. No action in 1998

SB

19 Waste-water Discharge; sewer connections moratorium;

exemption. ............................................................. 1844, 1908

SB

20 Nurses, Physician Assistants; authority to possess

certain drugs.................................................................. 1215

SB

22 Mobile New Health Services; certificate of need

exemption. .....................................................No action in 1998

SB

23 Inmate Parole Considerations; citizen input; electronic

call system. ................................................... .No action in 1998

SB

24 Adoptions; special needs children; financial aid to

families. ........................................................ No action in 1998

SB

27 Adoption Proceedings; termination of parental rights;

child placement resources; unlawful actions; mother's

affidavit......................................................... No action in 1998

SB

29 Teachers, Food Service, Bus Drivers; decrease in salary

supplements. .................................................. No action in 1998

SB

30 Volunteer Fire Departments Consolidating Into

Nonprofit Corporation................................................. 1612, 1946

SB

31 DUI; nonresident offender; increase fine in lieu

community service............................................. No action in 1998

2234

JOURNAL OF THE SENATE

SB

32 Counties; employment benefits; prohibit in lieu cash

compensation................................................... No action in 1998

SB

34 Appeals; Superior Court decisions in workers'

compensation cases............................................ No action in 1998

SB

35 State Courts; orders for deferred partial payments on

judgments. ..................................................... No action in 1998

SB

36 Attempted Suicide; emergency nonconsensual medical

treatment....................................................... No action in 1998

SB

37 Incapacitated Adults; emergency guardians; out of

state evaluation................................................ No action in 1998

SB

38 Driver's License; drivers under age 18; educational

requirements. .................................................. No action in 1998

SB

39 Sex Offenders; register residency; inform local school

officials.................................................................. 1534, 1947

SB

40 Libraries; school and public; restrict harmful materials

to minors. ...................................................... No action in 1998

SB

41 Prescribed Courses; home economics may include

parenting education........................................... No action in 1998

SB

42 Insurance to Cover Liability for Damages; government

owned vehicles. ................................................ No action in 1998

SB

43 Voter Identification; valid documents; present at

polling place..................................................................23, 25

SB

44 Medicaid Providers Committing Certain Offenses; bar

participation.................................................... No action in 1998

SB

45 Insurers; discriminating against certain communities

prohibited....................................................... No action in 1998

SB

46 Sentencing; probationers; misdemeanors involving

injury or threats............................................... No action in 1998

SB

47 Evidence; admissible; certified records; Department of

Corrections. .................................................... No action in 1998

SB

49 Richmond County; Commission-Council; voting; veto

actions. ......................................................... 1282, 1286, 1288,

1290

SB

51 Public School Language Instruction; prohibit teaching

of Ebonics. ..................................................... No action in 1998

SB

52 Alcoholic Beverages; distilled spirits, wines; advertising

prices..........................................................................23, 26

SB

53 Law Enforcement Officers Engaging in Political

Activities........................................................ No action in 1998

SB

54 Mastectomy Patient Care Act; health insurance

coverage. ....................................................... No action in 1998

SB

55 Diabetes; outpatient self-management; insuranbe

coverage. ....................................................... 22, 148, 167, 209,

1277

SB

56 Capital Felony Prosecutions; county expenses;

reimbursement................................................. No action in 1998

SB

58 Child Support; out-of-wedlock births; Fatherhood

Responsibility Act. ............................................ No action in 1998

SB

60 Teachers; grades K-2; maximum number of students

who may be taught............................................ No action in 1998

INDEX

2235

SB

61 DUI; eliminate plea of nolo contenders to DUI charges. .No action in 1998

SB

63 License Plates; special; promote recycling; solid waste

trust fund. ..................................................... No action in 1998

SB

64 Jurors; peremptory challenges; allow state same

number as accused. ........................................... No action in 1998

SB

65 Acupuncturists and Detox Specialists; registration. ...... No action in 1998

SB

66 DUI; violations; drivers under age 21 .02 grams or

more; testing. .................................................. No action in 1998

SB

67 Crimes Against Family Members Act of 1997;

increased penalties. ........................................... No action in 1998

SB

68 Georgia Youthbuild Employment Skills Training

Program; establish. ........................................... No action in 1998

SB

70 Charter Schools Act of 1997. ................................No action in 1998

SB

71 Child Custody; evidence of abuse; supervised parent

visitation............................................................ 713, 744, 887,

905

SB

72 Civil Cases; notice of appeal; motion for supersedeas;

filing. ........................................................... No action in 1998

SB

73 Child Custody Issues; appeals; expedited consideration

by court......................................................... No action in 1998

SB

74 Child Custody Disputes Alleging Abuse; juvenile court

jurisdiction. .................................................... No action in 1998

SB

75 Child Protection Issues; specialized training for judges. . No action in 1998

SB

76 Public Property Not Needed for Road Purposes

Pursuant to Court Order. .................................... No action in 1998

SB

77 Stone Mountain Judicial Circuit; superior court; tenth

judgeship. .............................................................. 1533, 1904

SB

78 Court of Appeals; composition; increase to 13 judges, 4

divisions. ....................................................... No action in 1998

SB

79 Teachers Retirement; creditable service; forfeited leave...... 166, 185, 209,

214

SB

82 DUI Convictions; placement of red stripe or words

"CONVICTED DUF...........................................No action in 1998

SB

83 Speedy Trial Victim's Rights Act; vehicular homicide

and DUI. ....................................................... No action in 1998

SB

84 Civil Practice; actions for wrongful death; time

limitation. ...................................................... No action in 1998

SB

85 Scholastic Aptitude Test, SAT Review; test-taking

skills course.................................................... No action in 1998

SB

86 Motorcycle Operators; safety training; age required to

wear headgear. ................................................ No action in 1998

SB

88 DUI Violation; drivers under age 18; license suspended

12 months. ..................................................... No action in 1998

SB

89 Negligence; parent liability; malicious property damage

by a minor...................................................... No action in 1998

SB

92 Student Code of Conduct; acts punishable by

expulsion, suspension. ........................................ No action in 1998

SB

96 Perishable Foods Sold at Retail; labeled expiration

date. ............................................................ No action in 1998

2236

JOURNAL OF THE SENATE

SB

97 Educational Programs Targeting At-Risk Students;

additional grants. ............................................. No action in 1998

SB

98 Solid Waste Management; long-term reduction goals..... No action in 1998

SB

99 Mental Health Involuntary Treatment Emergency

Evaluation Orders............................................. No action in 1998

SB 100 Felony Criminal Offenders Serve Full Sentence

Without Parole.................................................No action in 1998

SB 102 Agriculture Commissioner; subpoena powers; records of

licensees. ....................................................... No action in 1998

SB 106 Mandatory School Attendance Age; change from age 16

to 17 years. .................................................... No action in 1998

SB 108 Teachers Retirement; creditable service; U.S. Defense

Department. ................................................... No action in 1998

SB 109 Employees Retirement; creditable service; US Defense

Department. ................................................... No action in 1998

SB 110 DUI; additional fines for Brain and Spinal Injury

Trust Fund............................................................. 1623, 1937

SB 111 Alcoholic Beverages; distilled spirits; dealer licenses;

residency......................................................... 1216, 1645, 2229

SB 112 Municipal Elections; notice of candidacy; filing day.......No action in 1998

SB 114 Jurors; misdemeanor, felony trials; peremptory

challenges; panels. ............................................ No action in 1998

SB 115 License Plates, Decals; owners transferring between

vehicles. ........................................................ No action in 1998

SB 117 Indemnification; State DOT Highway Employees Killed

or Disabled. .................................................... No action in 1998

SB 122 Designation or Naming of Roads and Bridges; DOT

Board powers. ...............................................................23, 26

SB 123 Abortion; prohibited medical procedure; partial-birth

abortion......................................................... No action in 1998

SB 124 Certificate of Need; institutions practicing spiritual

means. .......................................................... No action in 1998

SB 125 Municipal Courts; failure pay costs, fines; writ of fieri

facias............................................................ No action in 1998

SB 126 Professional Employer Organizations; employee

staffing; licensure.............................................. No action in 1998

SB 128 Firemen's Pension Fund; membership; expand eligible

fire fighters......................................................... 367, 426, 782,

790

SB 129 Students Suspended or Expelled May Be Placed

Alternative Classroom. ....................................... No action in 1998

SB 134 County Law Libraries; funding; maintain ordinance

code; trustees. ................................................. No action in 1998

SB 135 State Agencies; records disclosure; privacy of personal

information..................................................... No action in 1998

SB 136 Counties of 180,000 or More; county administrators;

appointment.................................................... No action in 1998

SB 137 Ad Valorem Tax Digests; completion by July 1;

taxpayer appeals date......................................... No action in 1998

INDEX

2237

SB 138 Hospital Staff Privileges; podiatrists, osteopaths, dentists. ........................................................ No action in 1998
SB 139 Medicaid Patients; prescription drug services; change restrictions. .................................................... 1866, 1977, 1981, 2139, 2191, 2212
SB 142 Sheriffs; qualifications, disqualifications to hold office. ..... 23, 26, 62, 92, 94, 1573, 1888
SB 145 Pedestrian Walkways and Bicycle Facilities; include as DOT projects. .................................................. No action in 1998
SB 147 Land Surveyors; surveys or plats; damage actions; limitation period............................................... No action in 1998
SB 149 Elections; Nomination of Candidates by Petition; signatures required............................................ No action in 1998
SB 151 Silver-Haired Legislature Fund; establish; tax refund donations. ...................................................... No action in 1998
SB 153 Abortion; Woman's Right to Know Act. .................... No action in 1998 SB 155 Workers' Compensation; insureds with drug-free
workplace programs........................................... No action in 1998 SB 156 Corrections Department; educational programs; re-
employ teachers................................................ No action in 1998 SB 157 Juvenile Court Records Proving Similar Criminal Acts;
evidence......................................................... No action in 1998 SB 158 Sexual Offenses; prostitution; offense of pandering,
soliciting. ....................................................... 1224, 1625, 1628, 2230
SB 159 Abuse of a Vulnerable Adult or Elder Person; warrantless arrests............................................ No action in 1998
SB 160 Family Violence; petitions for relief involving nonresidents; venue. .......................................... No action in 1998
SB 161 School Safety; students convicted any felony; discipline procedures...................................................... No action in 1998
SB 162 Serious Violent Felony Offenders Must Serve 85% of Sentence. ....................................................... No action in 1998
SB 163 Medical Care Savings Account and Trust Act. ............ No action in 1998 SB 164 Driver's License; applicant fingerprinting; change
requirements. .................................................. No action in 1998 SB 166 Workers' Compensation; self-insured employer trust
fund. .................................................................... 1385, 1867 SB 167 Rental Motor Vehicle Agreements; collision damage
waivers........................................................................23, 26 SB 168 Georgia Military Pension Fund; creation................... No action in 1998 SB 172 State Properties Commission; add Secretary of State
as member...................................................... No action in 1998 SB 174 Public Environmental Enforcement Act of 1997........... No action in 1998 SB 177 Ethics; General Assembly members; prohibit accept
lobbyists gifts. ................................................. No action in 1998 SB 178 Civil War Historic Sites Acquisition and Preservation
Program. ....................................................... No action in 1998 SB 179 Guardianships; incapacitated adults; evaluation of a
proposed ward. ................................................ No action in 1998

2238

JOURNAL OF THE SENATE

SB 180 Guardians of Minors; dissolution of appointed temporary guardians.............................................. 816, 884, 943, 954
SB 181 Guardians of Incapacitated Adults; protection of ward's rights............................................................ No action in 1998
SB 183 Power of Attorney; clarify when agent's authority terminates...................................................... No action in 1998
SB 184 Durable Power of Attorney for Health Care; appointment of a guardian................................... No action in 1998
SB 185 Depositions; court reporters; disqualification for interest waiver. ............................................................. .23, 26
SB 186 Health Insurers; discrimination; victims of violence or abuse................................................................ 148, 167, 514, 539, 541, 564
SB 187 Child Custody; joint legal and physical custody parenting plan. ................................................ No action in 1998
SB 188 Child Custody; parenting time rights; presumption of equal access. ................................................... No action in 1998
SB 190 Firearms Protection for Minors; loaded guns; negligent storage. ......................................................... No action in 1998
SB 191 Recycling, Litter Reduction; beverage container deposit-redemption. ........................................... No action in 1998
SB 192 QBE; local fair share funds; 3-year increase in student FTE count...................................................... No action in 1998
SB 193 QBE; local fair share formula; alternative method of calculating...................................................... No action in 1998
SB 194 QBE; midterm adjustment amount; personnel training and experience................................................. No action in 1998
SB 195 AFDC Benefits; require name child's father on birth certificate....................................................... No action in 1998
SB 196 Used Motor Vehicle Dealers; security interest; disclose to purchaser.................................................... No action in 1998
SB 197 General Assembly; fiscal affairs subcommittees; budget transfers. ....................................................... No action in 1998
SB 198 License Plates; special; retention by retired military. ....No action in 1998
SB 199 False ID Cards; sales to minor or illegal alien; increased penalty. ............................................. No action in 1998
SB 200 Peace Officers; state and local; training; appropriation of funds. ........................................................ No action in 1998
SB 201 Pardons and Paroles Board; votes cast by members; public inspection............................................................ .23, 26
SB 202 Child Welfare Agency Laws; health, safety regulations; violations. ...................................................... No action in 1998
SB 203 Open Alcoholic Beverage Containers; driver and passenger prohibited. ......................................... No action in 1998
SB 204 Elections; primaries to nominate candidates; change the dates........................................................ No action in 1998
SB 206 Alcoholic Beverages; possession by person under age 21; punishment. ............................................... No action in 1998

INDEX

2239

SB 207 Health Insurance Benefit Bills; prerequisite for introduction. ........................................................... 23, 27, 241
SB 208 Controlled Stimulant Drugs; phenylpropanolamine; prohibited sales................................................ No action in 1998
SB 210 Office of Senior Court Reporter; provide for. .............. No action in 1998 SB 211 Insurance; health; Managed Care Responsibility Act of
1997............................................................. No action in 1998 SB 212 Building Permits; protective codes, standards; resolving
conflicts. ........................................................ No action in 1998 SB 213 Torts; landowners; questions of negligence for
hazardous conditions.......................................... No action in 1998 SB 216 Abortion, Sterilization Procedures; Woman's Right to
Know Act....................................................... No action in 1998 SB 217 Wages; unclaimed payroll checks; disposition; revert to
issuer............................................................ No action in 1998 SB 218 Consumer Credit Reporting Agencies; violations;
deceptive practices. ........................................... No action in 1998 SB 220 Hospital Authorities; business transactions; financial
disclosure....................................................... No action in 1998 SB 222 Child Care Facilities; shopping malls, office complexes;
licensure. .....................................................................23, 27 SB 223 Rental Property; premises repaired by tenant; deduct
from rent due. ................................................. No action in 1998 SB 224 Private Passenger Automobile Insurance; medical
payment coverage. ............................................ No action in 1998 SB 225 Motor Vehicle Repairs; unlawful practices; customer
protections...................................................... No action in 1998 SB 226 Vandalism to a Place of Worship Causing Injuries;
penalty. ......................................................... No action in 1998 SB 229 Public Works Contracts; bids; requirements; emergency
situations. ...................................................... No action in 1998 SB 230 Property; rebuttable presumption of a gift by the
parent to child. ........................................................ 1613, 1955 SB 231 Child Support; orders; life insurance; amount of the
premium........................................................ No action in 1998 SB 236 State School Superintendent; qualifications; repeal
provisions....................................................... No action in 1998 SB 237 Emergency Telephone 911 System Funds; authorized
disbursements.................................................. No action in 1998 SB 238 Radiology; independent diagnostic services; Medicaid
enrollment...................................................... No action in 1998 SB 239 Motor Vehicle Title Pawn Transactions; excessive
interest and fees............................................... No action in 1998 SB 240 Civil Damages for Injuries; deny or limit certain
drivers recover. ................................................ No action in 1998 SB 241 Driver's License; persons under age 18; require driver
education. ...................................................... No action in 1998 SB 243 Discrimination of or Preferential Treatment to Any
Person Prohibited.............................................. No action in 1998

2240

JOURNAL OP THE SENATE

SB 244 Foster Care Home Parents, Other Residents; criminal records check................................................... No action in 1998
SB 245 Mental Disorders; health insurers; parity in treatment limits............................................................ No action in 1998
SB 246 Franchise Businesses; marketing and contract rights. ... No action in 1998 SB 248 Election Campaign Expenditure Limitations; General
Assembly members............................................ No action in 1998 SB 249 Abandoned Motor Vehicles; removal, storage costs;
foreclosure..................................................................... 1384 SB 250 Senatorial Districts 48 and 56; change descriptions. ..... No action in 1998 SB 251 Annexation of Commercial Property by a Municipality;
requirements. ................................................................. 1310 SB 252 Drinking Water Standards; privately-owned public
water systems.................................................. No action in 1998 SB 253 Jurors; grand, trial; compilation of jury lists; minimum
standards....................................................... No action in 1998 SB 255 State Purchasing; recycled paper products; reduce
paper usage. ................................................... No action in 1998 SB 256 Bond Elections; date of November general election;
exception........................................................ No action in 1998 SB 257 Public Works Projects; contractors; prohibit employ
illegal aliens.................................................... No action in 1998 SB 259 Private Schools; public tuition assistance grants; school
choice............................................................ No action in 1998 SB 260 Market Based Medicaid Reform Act. ....................... No action in 1998 SB 261 Hospital Authorities; directors; conflicts of interest
restrictions. .................................................... No action in 1998 SB 264 Sales Tax; local special purpose taxation; referendum
elections. ....................................................... No action in 1998 SB 265 Inheritance Without a Will; decedent's heirs; spouse's
inheritance. .................................................... No action in 1998 SB 266 Alcoholic Beverage Licensees; sales to underage
persons; penalties............................................................ 23, 27 SB 267 Social Assistance Register; persons willing to help
DFACs recipients. ............................................. No action in 1998 SB 268 State Officials; candidates for office; prohibited agency
mailings......................................................... No action in 1998 SB 272 Highways; maximum lengths, overhang; truck tractors-
semitrailers. .................................................... No action in 1998 SB 274 Stone Mountain Park Projects; lease contracts;
requirements. .................................................. No action in 1998 SB 275 Residential Housing; legislation or agency rules
affecting costs.................................................. No action in 1998 SB 277 Teachers Retirement; crediting of time; General
Assembly members............................................ No action in 1998 SB 279 Medical Care Savings Account and Trust Act. ............ No action in 1998 SB 281 Rental Property; landlords; disclose name, address,
telephone number.............................................. No action in 1998 SB 283 Offense of Embracery; persons attempting to influence
a witness. ...................................................... No action in 1998

INDEX

2241

SB 285 Fulton County; ad valorem school tax exemption; senior citizens.................................................. No action in 1998
SB 286 Atlanta; ad valorem school tax exemption; senior citizens.......................................................... No action in 1998
SB 288 Berkeley Lake, City of; corporate limits; annex certain property......................................................... No action in 1998
SB 289 Alcoholic Beverages; brewpubs; sales to dealers; brewery tours. ................................................. No action in 1998
SB 290 Georgia Lottery Corporation; employee retirement membership option. ............................................... 140, 148, 169, 170
SB 291 Law Enforcement Personnel Injured Line of Duty; disability benefits.............................................. No action in 1998
SB 292 Georgia Education Authority (University); member; staff; projects................................................... No action in 1998
SB 293 School Bus Equipment; require passenger seat belts..... No action in 1998 SB 295 Home Improvement Contract Regulation Act.............. No action in 1998 SB 296 Death Penalty Cases; applications for appeal; review
procedures...................................................... No action in 1998 SB 298 Alcoholic Beverage Sales; minimum distance from
churches, schools. .............................................No action in 1998 SB 299 Trial Courts; continuances; number of; grounds;
absence of counsel...........................................................23, 27 SB 300 Massage Therapists; state licensing board to regulate. .No action in 1998 SB 302 Certificate of Title; salvaged or rebuilt vehicles;
designation. .................................................... No action in 1998 SB 305 Student Discipline; require uniform student dress code.. No action in 1998 SB 307 Physicians; unconventional or experimental medical
procedures...................................................... No action in 1998 SB 308 Medicaid; reimbursement; clinical social workers for
nursing homes. ..............................................................23, 27 SB 309 Divorce; grounds; minor children, 'children first rule'. ... No action in 1998 SB 310 Limousine Carriers; qualifications; temporary permits;
safety............................................................ No action in 1998 SB 311 Fireworks Exhibitions; licenses; storage for use in
another state.................................................................23, 27 SB 312 Computer Materials Deemed Harmful to Minors;
prohibited advertising......................................... No action in 1998 SB 314 State Developmental Highway Projects; revise; delete
Outer Perimeter. .............................................. No action in 1998 SB 315 MARTA; Board of Directors; terms; ineligible
appointments................................................... No action in 1998 SB 317 Health Districts, Mental Health Services; define
service areas. .................................................. No action in 1998 SB 318 Municipal Water or Sewer Systems; authorize contract
private firms. .................................................. 1533, 1817, 1819, 1922, 1934, 1961, 2192
SB 319 Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager; return of certain fines paid. ................................. No action in 1998

2242

JOURNAL OF THE SENATE

SB 320 Insurance; Health; continuation of spousal coverage. .... No action in 1998 SB 321 Habitual Violators Convicted of DUI; punishment;
parole limitations............................................................23, 28 SB 322 Georgia Military Pension Fund; creation................... No action in 1998 SB 325 Magistrate Courts; increase monetary jurisdiction in
civil claims. .................................................... No action in 1998 SB 326 Employees' Retirement System; Disability; parole,
probation officers. ................................................. 140, 148, 169, 171, 173, 188, 531
SB 328 Teachers Retirement; creditable service; private school service........................................................... No action in 1998
SB 329 Outdoor Lighting; advertising signs, luminairies; regulate use of................................................. No action in 1998
SB 330 Appropriate Patient Care Act; postsurgery care; coverage by insurers. ......................................... No action in 1998
SB 331 Middle School Program Grants; delete certain qualifying provision. .......................................... No action in 1998
SB 332 Remedial Education Services for Students in Grades 6 through 12. ....................................................No action in 1998
SB 333 Lottery for Education Account; limit amount each county entitled................................................. No action in 1998
SB 334 Children Placed State Custody; Juvenile Court ordered child support................................................... No action in 1998
SB 336 Local School Systems; contracts with other educational entities.......................................................... No action in 1998
SB 337 Outdoor Advertising; tree trimming permits; vegetation replantings. ..................................................... 23, 28, 167, 286, 288, 296, 1384, 1456, 1462, 1830, 1886, 1917, 2182, 2228
SB 340 DeKalb County; Commission Meetings; counsel; Merit System employees; referendum. ............................. No action in 1998
SB 343 Municipal Corporation Free Enterprise Encouragement Act................................................................... 573, 884, 937
SB 344 Judicial Review of Professional License Revocation Decisions................................................................ 1917, 2163
SB 345 Hypnotherapist Licensure Act. .............................. No action in 1998 SB 347 Waters, Wetlands; pollutant discharge facilities; permit
to operate....................................................... No action in 1998 SB 348 Abortion; unlawful procedure; partial-birth abortion
method.......................................................... No action in 1998 SB 350 Felony Drug Conviction; prohibit grant license to carry
a pistol........................................................................23, 28 SB 351 Clayton County; Probate Court; judge; compensation .... No action in 1998 SB 358 Insurers; surplus line insurers; inapplicable provisions. .............. .24, 28 SB 360 Employees of DHR Division of Mental Health;
transfers; terminations........................................ No action in 1998 SB 361 Insurance; motor vehicle; prohibit surcharge when no
prior claims. ................................................... No action in 1998 SB 362 Sales Tax; exemption; motor fuel used in commercial
fishing........................................................... No action in 1998 SB 363 License Plates; display on front and rear of vehicles. .... No action in 1998

INDEX

2243

SB 364 Motor Vehicles Operated Without Consent of Insured; coverage. ....................................................... No action in 1998
SB 365 Agricultural Commodity Commission for Peanuts; overview committee. ..........................................No action in 1998
SB 366 Official State Museum; Ralph Mark Gilbert Civil Rights Museum................................................ No action in 1998
SB 367 Stone Mountain Park; define purposes; use of revenue funds. ............................................................... 883, 937, 972, 1019, 1070, 1088
SB 368 Workers' Compensation; state board decisions; appeals; time period. .................................................... No action in 1998
SB 369 Appellate Courts; senior judges and justices; compensation.................................................... .319, 1218, 1406, 1839, 2180, 2227
SB 370 Prisoner Litigation; civil actions; appeals require in application...................................................... No action in 1998
SB 371 Corporations; venue in damage actions for torts, wrongs or injury. ........................................................... .24, 28
SB 372 Civil Actions; tortfeasors; codefendants residing different counties. ............................................. No action in 1998
SB 374 Cobb County; Board of Commissioners; chairman; personnel powers. ............................................. No action in 1998
SB 375 Sex Crime Offenders; notices of release; residency restrictions. .................................................... No action in 1998
SB 377 Local School Districts Capital Outlay Expenditures; funding method................................................ No action in 1998
SB 378 Minors; prohibit admission where alcoholic beverages consumed. ...................................................... No action in 1998
SB 379 Emergency Telephone Number 911; duties of public safety responders. ............................................. No action in 1998
SB 380 County Boundary Lines; petitions to change; procedures...................................................... No action in 1998
SB 381 Georgia Education Local Control Act of 1997. ............ No action in 1998 SB 383 Disability Commissions; establishment by local
governments.................................................... No action in 1998 SB 384 Workers' Compensation; medical service provider
billing errors. .................................................. No action in 1998 SB 385 Parent-C hild Relationships; petition to end legal
obligation....................................................... No action in 1998 SB 386 Teachers; new hires; school year contracts; term of
years renewable............................................... No action in 1998 SB 387 Public Education Reform Act of 1997.............. ........ No action in 1998 SB 388 Land Zoned for Commercial Use; tort liability of
owner; insurance. ............................................. No action in 1998 SB 389 Regional Development Centers; creation of for-profit
corporations. ................................................... No action in 1998 SB 390 Medicaid; enrolling recipients in an HMO; marketing
restrictions. .................................................... No action in 1998 SB 391 Primary Care Physicians; medical training;
scholarships, loans. ........................................... No action in 1998

2244

JOURNAL OF THE SENATE

SB 393 Union City; mayor and council; election by plurality vote ............................................................. No action in 1998
SB 394 Emergency Reflectors for Disabled Vehicles; requirements. .................................................. No action in 1998
SB 395 Estates; year's support for surviving spouse and minor children......................................................... No action in 1998
SB 400 Fairburn, City of; mayor, council salaries; Municipal Court powers................................................... No action in 1998
SB 402 Uniform Commercial Code-Investment Securities; rules revisions. ........................................................ 6, 118, 141, 150, 154. 1919
SB 403 Driver's License; driving record; previously issued permits...........................................................6, 62, 79, 92, 99, 277
SB 404 Educational Program Grants; joint after-school programs......................................................... 6, 118, 141, 150, 155. 1919
SB 405 Offense of Feticide by a Pregnant Woman; injury to unborn child....................................................................... 6
SB 406 School Premises; prohibited conduct. .......................................... 6 SB 407 Pistols or Revolvers; parental liability. ...................... 7, 366, 426, 715,
716, 720, 748, 749 SB 408 Optometry; change definitions and practice of............................... 34 SB 409 Crime Victims Emergency Fund; probation supervision
fees. .................................................................34, 62, 79, 92, 100, 1216, 1960
SB 410 Children's Health Insurance Coverage for the Uninsured. .....................................................34, 140, 148, 169, 173, 179, 1786, 1962
SB 411 Arrest Warrants; electronic, telephonic, video conference hearings. .......................................... 35, 148, 167, 247, 255, 1277
SB 412 State Agencies; employment qualifications.................... 35, 1014, 1064, 1123, 1146
SB 413 Sexually Violent Predators Likely to Engage in Repeated Acts.................................................................... 35
SB 414 Groundwater; permits to withdraw............................................ 35 SB 415 Surface Water Withdrawal From Rivers or Streams;
permits................................................................ 35, 937, 967, 1019, 1124, 1160, 1162
SB 416 Government Agencies; Regulatory Reform Act of 1998. ................... 35 SB 417 Glynn County; State Court Clerk. ................................36, 185, 186,
277 SB 418 Glynn County; State Court Solicitor-general..................... 36, 166, 168,
259 SB 419 Ad Valorem Taxation; exemption...............................36, 79, 89, 121,
122, 144, 150 SB 420 Southern Dairy Compact. .................................... 36, 166, 185, 209,
215, 230, 1533, 1729, 1743

INDEX

2245

SB 421 Juvenile Criminal History Records Identifying Felons.... 50, 140, 148, 169, 179, 1277, 1936
SB 422 Fishing; honorary licenses for peace officers................................. 50 SB 423 Claims Against the State; exclude certain small claims... 51, 66, 140, 148,
169, 188, 189 SB 424 Emergency Medical Services; ambulances operated free
of charge.......................................................................... 51 SB 425 Armed Robbery; wearing bulletproof vest during
commission. .................................................... 51, 281, 309, 370, 417
SB 426 POW/MIA Flag; display in public buildings and schools. .........................................................51, 206, 241, 264, 272
SB 427 Firearms; authority to carry in public places.............. 51, 166, 185, 209, 230
SB 428 Concealing Identity With Hoods, Masks; exceptions to prohibitions..................................................... 51, 366, 426, 715, 730
SB 429 Students; satisfactory test scores before promotion next grade. ............................................................................. 51
SB 430 HOPE Scholarships, Grants; qualifications. ................... 52, 1014, 1064 SB 431 Breast Cancer Patient Care Act............................. 52, 281, 309, 428,
499, 503 SB 432 Minimum Wage; increase in incremental adjustments. .......52, 241, 262,
429, 513, 515, 516, 529, 539 SB 433 Electronic Records/Signatures/Contracts; legal
authenticity........................................................58, 79, 89, 121, 122, 1384
SB 434 Adoption; who may adopt a child. ............................................ 58 SB 435 Cities or Counties; employee insurance and benefits. ...................... 59 SB 436 Insurance Companies Issuing Uninsured Motorist
Policies; claims.................................................59, 118, 141, 150, 155
SB 437 State Government; proposed projects requiring professional services........................................... 59, 166, 185, 209, 234, 264, 271, 1607, 1941
SB 438 Public Swimming Pools; permits. .................................59, 936, 967, 1070, 1083, 1086, 1123
SB 439 Driver's License; applicant fingerprint requirement. ....................... 59 SB 440 Covenant Marriage Act.......................................59, 425, 512, 749,
767, 771
SB 441 Campaign Contributions; disclosure statements accessible the Internet............................................60, 1014, 1064
SB 442 Sexual Conduct Occurring Privately and Consensually Between Adults.................................................................. 60
SB 443 Driver's License; revocation. ....................................... 60, 261, 281 SB 444 Public Transit Buses, Rapid Rail Cars, Stations;
prohibited conduct.............................................60, 118, 141, 150, 156, 1653, 1852, 2229

2246

JOURNAL OF THE SENATE

SB 445 Education; curriculum elective credit....................... 60, 425, 512, 576, 579
SB 446 Historic and Cultural Heritage; properties, districts, museums; state financial, technical assistance. ...........60, 142, 207, 241, 313, 336, 339, 1918, 2034, 2043
SB 447 Educationally Challenged, Underperforming Schools; care teams...................................................... 61, 241, 262, 313, 318, 1623, 1768, 1940, 1941, 1961, 2060, 2227
SB 448 Serious Felony Crimes; sentence and punishment. ......................... 75 SB 449 Pardons and Paroles Board; supervision of parolees...... 75, 140, 148, 169,
188, 190, 1701 SB 450 Businesses, Vocations, Occupations; withholding funds
due. ...............................................................................75 SB 451 Surrogate Parenting; contract between commissioning
couple. ............................................................................ 76 SB 452 Insurance; health; diabetes out-patient self-
management. .................................................................... 76 SB 453 State Parks, Buildings, Roads, Bridges; naming for
public officials........................................................ 76, 937, 967 SB 454 Elections; majority vote provisions; statewide elected
officials............................................................................ 76 SB 455 Illegal Drugs; random drug testing; elected state
officers. ........................................................................... 76 SB 456 Municipalities; employees, member benefits. ................................ 76 SB 457 Laws and Statutes; legally define 'dependent' family
member. .......................................................................... 77 SB 458 Juveniles Fingerprinted for Criminal Offenses; report
to GCIC...........................................................................77 SB 459 Admissible Evidence; child sexual or physical abuse
cases. ............................................................................. 77 SB 460 Interfering With 911 Emergency Calls to Law
Enforcement..... .............................................. 77, 536, 571, 715, 724, 1612, 1901
SB 461 Serious Violent Felony Offenders; punishment. ............................. 77 SB 462 Lottery Funds; use for high school technology
education programs. ............................................................ 77 SB 463 Georgia National Guard; honor guards for veterans'
funerals.........................................................78, 570, 664, 716, 749, 751, 1383
SB 464 Investigation of Child Deaths; duty of medical examiner.......................................................................... 78
SB 465 Corrections Department; income, expenditures; independent audit. .............................................................. 78
SB 466 Elections; designation of official state-wide poll watchers. .......................................................... 78, 1015, 1064, 1124, 1155
SB 467 Crimes Against Children; offenders; supervised probation time. ................................................ 78, 816, 884, 972, 1000

INDEX

2247

SB 468 Audio Recordings Provided by State to Parents of Newborn Children............................................................... 78
SB 469 State Agencies; scheduled or called meetings................................ 79 SB 470 Crimes Against Children; persons sentenced to
imprisonment not eligible for parole, early release or sentence-reduction............................................................... 79 SB 471 License Plates; special; antique, hobby, special interest. ........................................................84, 120, 167, 185,
264, 272 SB 472 State Government; employee hiring/firing or contracts. ............... 84, 91 SB 473 Child Abuse; death of a child in state, foster parent
custody..........................................................84, 241, 262, 313, 320, 1613, 1747, 1752
SB 474 State Programs; nonprofit contractors; financial accountability...................................................85, 334, 511, 536, 577, 671, 691, 698, 1557, 1572, 2224
SB 475 Wildlife Management Areas; ceasing to allow hunting. .......85, 937, 967, 1124, 1163
SB 476 Use of Threat or Force Against Intruder to Prevent Unlawful Entry. ...............................................85, 186, 261, 281, 1124, 1164
SB 477 Garnishment; corporate garnishees. ........................ 85, 425, 512, 577, 671, 692
SB 478 Health Care; living wills, durable power of attorney or agency............................................................................. 85
SB 479 Intestate Insolvent Estates; bankruptcy exemption......................... 85 SB 480 Honeybee Pollination; protection of gallberry bushes. ...................... 86 SB 481 Lead-based Paint Hazards; corrective actions. ............ 86, 207, 241, 265,
286, 287, 296, 1383 SB 482 Industrial Hygienist; scope of practice; workplace
environment....................................................86, 206, 241, 265, 286, 287, 301
SB 483 Western Judicial Circuit; superior court judges. .............. 112, 166, 168, 1277
SB 484 Natural Resources Department; criminal enforcement of regulations. ...................................................... 112, 148, 167, 209, 212, 1383
SB 485 County Officers and Employees; health benefit plan. ........ 112, 281, 309, 539, 546, 1820, 1937
SB 486 Public Water Systems; violations................................ 112, 148, 167, 209, 213, 1384, 1893, 1901
SB 487 License Plates; special; Give Children A Chance............... 112, 262, 281 SB 488 Property; dispossessory proceedings............................. 113, 261, 281,
370, 376 SB 489 Ad Valorem; motor vehicle taxation; disabled veteran
exemption. ......................................................... 113, 166, 185, 247, 248, 1384
SB 490 Insurance; health; Mobid Obesity Anti-discrimination Act................................................................... 113, 937, 967, 1018, 1042, 1049

2248

JOURNAL OF THE SENATE

SB 491 QBE Funding; fast-growth/overcrowded middle schools. ...113, 1014, 1064, 1123, 1143, 1918, 1956
SB 492 Driver's License; change restrictions......................................... 113 SB 493 Driver's License; persons who became age 15 prior 7-1-
97..................................................................... 113, 261, 281 SB 494 Felony Offenders Not Eligible Parole Until Serve 90%
of Sentence. ..................................................................... 113 SB 495 Limited Driving Permits; Certain Offenders; speed
limit offenses.............................................................. 114, 261 SB 496 Land, Water, Wildlife and Recreation Heritage Fund. ....... 114, 148, 167,
188, 195, 1918, 2046 SB 497 Elections; Labor and Employer Campaign Finance
Reform Act. ..................................................................... 114 SB 498 Sexually Violent Predators; failure to register or
providing false information..................................... 114, 1015, 1064, 1124, 1156
SB 499 High School Students; preparation for technology jobs. .................. 114 SB 500 Food; fresh or frozen seafood, meat or poultry................. 115, 206, 241,
370, 419, 563, 565, 1919 SB 501 Cobb County Juvenile Court; judges............................ 115, 185, 187,
739 SB 502 Hall County, Gainesville, Buford City Schools; sales
tax proceeds......................................................... 115, 185, 187 SB 503 Driver's License; eligibility. ...................................................115 SB 504 Trucks Using Three-lane Roads, Streets; operate in
right-hand lane. ................................................................ 115 SB 505 Speed Restrictions; maximum speed limits for certain
trucks. ........................................................................... 115 SB 506 Fulton County, City of Atlanta; property taxes; one
payment date. ..................................................... 115, 664, 666, 668, 669
SB 507 Insurers; discrimination prohibited; postal ZIP Code or property location................................................................ 116
SB 508 Property; mechanics' and materialmen's liens. ................ 135, 261, 281, 314, 336, 350
SB 509 Gwinnett Judicial Circuit; superior court. .................................. 135 SB 510 Crimes Against Family Members; offenses of battery
and assault......................................................... 135, 206, 241, 264, 268, 1916, 1966, 2043, 2122, 2138, 2192
SB 511 Fire Insurance Rates; classifying property within boundaries of local fire prevention district.................................. 135
SB 512 Fire Insurance Rates; classification variances for local fire prevention districts........................................................ 135
SB 513 Personal Financial Security Act; financial identity fraud. ............................................................... 136, 241, 262, 313, 336, 337, 1383
SB 514 Natural Resources Law Enforcement Officers; conservation rangers. ............................................. 136, 207, 241, 265, 286, 287

INDEX

2249

SB 515 Marine Vessels, Outboard Motors, Charter Boats, Marinas, Dealers; registration, number, title............................... 136
SB 516 Approach of Emergency Vehicles; persons not yielding right of way. .................................................................... 136
SB 517 Sales Tax; local option for educational purposes. ............. 136, 185, 207, 247, 250
SB 518 License Plates; special; honoring certain veterans. ........... 136, 262, 281, 1071, 1096, 1098, 1124, 1157
SB 519 Public Schools; Veterans Day observances, each November 11.................................................................... 137
SB 520 Middle Chattahoochee Water Resources Authority; jurisdiction. ......................................................... 137, 332, 367
SB 521 Property Rezoning Initiated by Party Other Than Local Government................................................. 137, 333, 367, 576, 655
SB 522 Telephone Companies; customer service charges clearly stated. .............................................................. 137, 166, 185, 209, 234, 235, 246, 247, 1866, 2032, 2225
SB 523 Prosecuting Attorneys; Cases Involving Controlled Substances.......................................................... 137, 332, 367, 539, 543
SB 524 Civil Actions; offers of settlement. ............................ 138, 1015, 1064, 1123, 1132, 1137
SB 525 Property; dispossessory procedures.............................. 138, 207, 241, 313, 314, 1918, 2051
SB 526 Insurance; health; payment to health care provider. ......... 146, 366, 426, 577, 671, 693, 1285, 1405
SB 527 Market Based Medicaid Reform Act; health care coverage. ........................................................................ 146
SB 528 Insurance; health; mastectomy surgery; breast reconstruction................................................................... 146
SB 529 Ad Valorem; tax assessors notice of changes to taxpayer's return. ................................................. 146, 744, 781, 820, 867, 1534, 1557, 1560
SB 530 Used Passenger Motor Vehicles; information to prospective buyers.............................................................. 146
SB 531 TANF/Temporary Assistance for Needy Families; qualified aliens..................................................... 146, 206, 241, 264, 269, 1384
SB 532 Municipal Elections; write-in candidates. ...................... 147, 281, 309, 576, 577
SB 533 Georgia Board of Physician Workforce; redesignate Joint Board of Family Practice. ................................. 147, 206, 241, 264, 265, 1215
SB 534 Public School Employees; retirees............................................161 SB 535 Educators; standards of professional performance,
conduct.............................................................. 162, 425, 512, 577, 671, 675, 690, 1383
SB 536 Driver's License; persons age 16 issued license by another state........................................................ 162, 261, 281

2250

JOURNAL OF THE SENATE

SB 537 Alcoholic Beverages; Sunday sales at motor sport road race tracks.......................................................... 162, 206, 241, 313, 316, 958
SB 538 Motor Vehicle Owners; prohibit register without liability insurance. ................................................ 162, 712, 744, 783, 795
SB 539 Income Tax; exemptions, deductions. ........................................ 162 SB 540 Probate Courts; jurisdiction...................................... 162, 511, 536,
577, 671, 672 SB 541 Probate Courts; jurisdiction...................................... 163, 281, 309,
539, 545 SB 542 Insurers; certificate of authority................................. 163, 241, 262,
539, 557 SB 543 Emergency Medical Paramedics, Cardiac Technicians;
certification......................................................... 163, 781, 817, 887, 889, 897
SB 544 Warehouses; electronic warehouse receipts..................... 163, 208, 366, 426, 539, 562, 1820, 1858
SB 545 Sexual Offender Registration; failure comply or false information.......................................................... 163, 367, 426
SB 546 Campaign and Financial Contribution Violations; certain dollar amount; Attorney General review. .......................... 163
SB 547 Children and Teachers Right to Safe School Health Act; medications. ............................................................... 164
SB 548 Hazardous Materials; transportation, handling............................. 164 SB 549 Incapacitated Adults; emergency medical
guardianships; temporary health care placement decision. ............................................................ 164, 937, 967,
1018, 1035 SB 550 Ad Valorem; homestead property tax exemption for full
value. ............................................................................ 164 SB 551 Elections; political bodies qualified to nominate
candidates. ...................................................................... 164 SB 552 Contracts; claims and disputes. ................................. 165, 241, 262,
370, 375 SB 553 Motor Carriers; Commercial Vehicle Safety Division
within PSD......................................................................182 SB 554 License Plates; special; low-emission alternative fueled
vehicles. ......................................................................... 182 SB 555 Information Technology Policy Council; increase
membership. .................................................................... 182 SB 556 Metropolitan Area Planning and Development
Commissions; membership. ................................................... 182 SB 557 Unemployment Compensation; employer contributions. .................. 182 SB 558 Teachers Retirement; members. ................................. 182, 367, 426,
577, 671, 695, 1385, 1902 SB 559 General Assembly; jointly sponsored privileged
resolutions....................................................................... 183

INDEX

2251

SB 560 Clinical Laboratories; examination of human specimens........................................................... 183, 511, 536, 749, 773, 1811, 2131
SB 561 Local Government Authorities Sunset Act; enact. ......................... 183 SB 562 Insurance Coverage; prohibit denial when lawful
firearms kept or carried onto property or premises........... 183, 570, 664, 715, 720, 1533
SB 563 Judicial Sales; advertisement of property. .................................. 202 SB 564 Grovetown, City of; new charter................................. 203, 281, 282,
421, 563 SB 565 QBE; high school programs. ..................................... 203, 425, 512,
577, 671, 675 SB 566 Cardiac Arrest; emergency use of automated external
defibrillator......................................................... 203, 366, 426, 576, 579, 1216, 1365, 1368
SB 567 Counties of 400,000 or More; charitable grants or contributions by authorities...................................... 203, 333, 367, 576, 585
SB 568 Motor Vehicles; windows, windshields; prohibit affix material or glazing............................................................. 259
SB 569 Music Hall of Fame Authority; transfer functions, personnel............................................................ 238, 309, 333, 513, 518, 1607, 1865
SB 570 Offense of Murder of a Certified Peace Officer. ............... 238, 332, 367, 513, 517
SB 571 Adoption; affidavit of legal mother. ..........................................238 SB 572 Emergency 911 Charges; wireless, cell telephone users. ..... 239, 366, 426,
539, 547, 557, 1385, 1628, 1640 SB 573 Zoning Procedures; special use property........................ 239, 426, 512,
539, 546, 1654, 1717, 1719, 1922, 1959, 2031, 2057, 2227 SB 574 State Institutions; recycled paper products. ................... 239, 333, 367,
576, 583, 1534, 1864 SB 575 Medicaid; hospital inpatient services. .......................... 239, 744, 781,
887, 918 SB 576 QBE Funding; operation of joint schools or schools to
serve students................................................................... 239 SB 577 Marriage Licenses; application supplement-marriage
report. ........................................................................... 277 SB 578 Marriage Licenses; non U.S. citizens who cannot prove
legal entry. ...................................................................... 277 SB 579 Birth Registration; filing of birth in county of birth
mother. ..........................................................................277 SB 580 Joint County Hospital Authority Operating Largest
Facility; members............................................................... 278 SB 581 Probation Supervision; eliminate 2-year limit. ............................. 278 SB 582 Guardians of Incapacitated Adults; protection orders;
appeals........................................................................... 278 SB 583 Gwinnett County; Board of Commissioners. .................... 278, 333, 335 SB 584 Chattahoochee Judicial Circuit; superior court judges......... 278, 333, 810

2252

JOURNAL OF THE SENATE

SB 585 Municipalities Less Than 20,000; Police Officer's Compensation................................................................... 278
SB 586 State Patrol; appointment to rank of trooper. ................. 279, 512, 536, 577, 671, 691, 1830, 1886
SB 587 Elections; ballots................................................................279 SB 588 Driver Education; establish as public school prescribed
course.. ..........................................................................279 SB 589 Insurers; health; postsurgical care coverage. ...............................305 SB 590 Banks; deposit account fraud. ................................... 305, 664, 713,
820, 821, 822 SB 591 Seat Safety Belts; redefine passenger vehicles. ............... 305, 713, 744,
820, 853, 873 SB 592 Workers' Compensation; average weekly wage;
National Guard members......................................... 305, 332, 367, 577, 671, 696, 1277
SB 593 Elections; local official training.................................. 305, 426, 512, 576, 655, 656, 958, 972, 1019, 1071, 1093, 1094
SB 594 Essential Rural Health Care Provider Access Act. ........... 306, 366, 539, 558, 562, 1384, 1400, 1405
SB 595 Mutual Insurers; reorganization, merger, or demutualization process. ......................................... 306, 366, 426, 539, 541
SB 596 Use of Deadly Force in Defense of Personal Property; right to bear firearms.......................................................... 306
SB 597 Electrician, Journeyman Licensing Act; qualifications..................... 306 SB 598 DeKalb County Community Improvement District Act. ..... 329, 664, 666,
1139 SB 599 Law Enforcement Officers; evaluation; fitness for duty
disclosure. .......................................................... 329, 781, 817, 887, 903
SB 600 Zoning Ordinances; Annexed or Deannexed Property......... 329, 937, 967, 1019, 1071, 1092, 1534, 2126
SB 601 Motor Vehicle; registration period........................................... .329 SB 602 Driver's License; eligibility. ...................................................329 SB 603 Insurance; health; children's cancer therapy treatment. ...329, 1014, 1064,
1123, 1129, 1132, 1533 SB 604 Stone Mountain Memorial Association; police powers. ....... 360, 744, 781,
820, 870 SB 605 Campaign Contributions; loans construed to be
contributions. ....................................................361, 1014, 1064, 1123, 1124, 1128
SB 606 Campaign Contributions; prohibit accept from lottery vendors or lobbyist for casinos, pari-mutuel or gambling operations............................................................ 361
SB 607 Fines and Forfeitures; distribution...........................................361 SB 608 Fire and Other Dangerous Hazards or Defective
Conditions; citations............................................... 361, 744, 781, 820, 848
SB 609 Probate Courts; jury trials, appeals......................................... .361

INDEX

2253

SB 610 Waste-water Treatment Plants; construction milestones. ...................................................................... 361
SB 611 Waste-water Pollution Control Plants; construction milestone excessive phosphorus discharge................................... 362
SB 612 Educational Facilities; schoolhouses............................. 362, 936, 967, 1124, 1158
SB 613 Corrections Department; employees assigned teaching duties. ...........................................................................362
SB 614 School Discipline Cases; disruptive students................................ 362 SB 615 Cosmetologists, Hairdressers, Nail Technicians; disease
testing............................................................... 362, 570, 664, 749, 753, 766
SB 616 Driver's License; PSD driving records. ......................... 422, 744, 781, 943, 948, 956
SB 617 Campaign Contributions; employee wage deductions. ..................... 422 SB 618 Persons Sentenced for Crime Involving Injury or Death
of a Law Enforcement Officer, Firefighter or EMS; no parole. ........................................................................... 422 SB 619 Bryan County; Ad Valorem School District Taxes............. 422, 571, 573,
777 SB 620 Insurance; health; treatment of mental disorders............. 422, 570, 664,
715, 721, 1919 SB 621 False Advertising; vehicle rental rates........................... 423, 816, 884 SB 622 Motor Vehicle Registration, Titles; records; personal
information..................................................................... .423 SB 623 Appeals; frivolous actions; litigation costs, attorney
fees.................................................................. 423, 570, 664, 715, 727
SB 624 Secured Transactions; default; repossession of vehicle. .................. 423 SB 625 Pooler, City of; Convention and Visitors Bureau
Authority............................................................. 506, 571, 573 SB 626 Ad Valorem Taxation of Property; homestead
exemption for senior citizens 65 years or over from all property taxes................................................................... 506 SB 627 Fannin County; Board of Commissioners........................ 507, 571, 574 SB 628 Fannin County; Board of Registrations and Elections. ........ 507, 571, 574 SB 629 Minimum Wage; increase to federal poverty level.......................... 507 SB 630 Georgia Election Code; general and local laws. ............... 507, 817, 884,
972, 973, 1383 SB 631 Grandparent Visitation Rights to Minor Child; filing
original action................................................................... 507 SB 632 Public Colleges and Universities; uniform student
admission system............................................................... 507 SB 633 Persons Sentenced to Perform Community Service;
hours in work day. ................................................ 531, 937, 967, 1019, 1071, 1111
SB 634 Evidence; privilege of communications between attorney and client. ............................................... 532, 816, 884, 1071, 1124, 1159, 1166
SB 635 Insurance; motor vehicle; uninsured motorists. ................ 532, 937, 967

2254

JOURNAL OF THE SENATE

SB 636 Tortious Injury; special damages. ............................................ 532 SB 637 Tort-feasors, Joint; recovery of damages..................................... 532 SB 638 Claims Against the State; sovereign immunity for year
2000 computer processing failure, malfunctions.............532, 1015, 1064, 1123, 1140, 1556, 1938
SB 639 Ticket Sales; Admission to Entertainment Events; service charges................................................... 532, 1013, 1064
SB 640 Civil Practice; actions alleging professional malpractice. ..................................................................... 533
SB 641 Municipal Streets; regulate establishment of truck routes. .............................................................. 533, 884, 937, 972, 1124, 1159
SB 642 Senate Districts 34 and 44; change description. ........................... 533 SB 643 Jekyll Island-State Park Authority; taxes or
assessments. ....................................................... 568, 883, 937, 972, 1002
SB 644 Senate Districts 3 and 6; change description. ................. 568, 712, 744, 782, 789, 790, 1057
SB 645 Public Property; leasehold interest........................................... 568 SB 646 Hall County; Sales Tax for Education. ......................... 569, 713, 714,
745, 748, 1008 SB 647 Land Surveying; residential subdivisions sewer
connections. ..................................................................... 569 SB 648 Insurers; health; Morbid Obesity Surgical Intervention................... 569 SB 649 Fishing Tournaments Sponsored by Nonprofit
Charities; free nonresident licenses to paralyzed or disabled veterans. ................................................. 660, 816, 884,
943, 948 SB 650 Uninsured Motor Vehicle Operators; restrict recovery
of damages. .................................................................... .661 SB 651 Glynn County; Ad Valorem Taxes. .............................. 661, 744, 746,
1116, 1372, 1375 SB 652 Insurance Rates; prohibit use insured's consumer
credit history. ................................................................... 709 SB 653 Public Utilities; gas, electric, telephone company
payment centers. ............................................................... 710 SB 654 Public Utilities; gas, electric, telephone company
payment centers. ............................................................... 710 SB 655 Probate Courts; judges; custodial fees; guardians of
minors. ............................................................. 739, 884, 937, 972, 1019, 1070, 1087
SB 656 Workers' Compensation; group self-insurance funds. ......... 739, 883, 937, 1071, 1112, 1701
SB 657 Insurers; bad faith refusal to pay a claim. .................... 739, 884, 938, 972, 1070, 1089
SB 658 Insurers; health; prompt payment of claims. ............................... 740 SB 659 DUI Alcohol or Drugs; testing of suspect by law
enforcement officer. ............................................................ 740 SB 660 Juvenile Delinquents; disposition; counseling; custody........ 740, 816, 884,
943, 967, 1811, 2137

INDEX

2255

SB 661 Metropolitan River Protection Act.............................. 778, 937, 1018, 1041, 1612, 1879
SB 662 Physician's Assistants; training within or outside the U.S. ..............................................................................778
SB 663 Ad Valorem Property Taxes; homestead exemption; senior citizens; certain income................................................ 778
SB 664 Cobb County; Juvenile Court. ................................... 778, 937, 940, 1115
SB 665 Insurance; health; coverage; conversion rights; adopted children; women's access; preexisting conditions; assignment systems. .............................................. 778, 937, 967, 1019, 1071, 1099, 1111
SB 666 Health; county boards; membership........................... 778, 1014, 1064, 1124, 1153, 1917, 1958
SB 667 Insurance; health; managed care plans; denial of claims. ........................................................................... 778
SB 668 Public Employees Labor Relations Act. ..................................... 779 SB 669 Businesses Selling Sexually Explicit Material; entry of
minors. ........................................................... 779, 1013, 1064 SB 670 Health Professionals; Pain and Symptom Management
for Terminally 111. ...............................................811, 1014, 1064, 1123, 1149, 1654, 1786, 1789
SB 671 Corrections; change name to Georgia Bureau of Prisons............................................................811, 1013, 1064, 1123, 1145
SB 672 Morgan County; Magistrate Court. ............................. 811, 937, 940, 1382
SB 673 Morgan County; Probate Court.................................. 811, 937, 940, 1115
SB 674 Morgan County; State Court...................................... 812, 937, 940 SB 675 Morgan County; State Court...................................... 812, 937, 941 SB 676 Stapleton, City of; corporate limits.............................. 812, 937, 941,
942, 969, 1276 SB 677 Coweta Judicial Circuit; superior court......................... 812, 937, 941,
1533
SB 678 Public Schools; student misconduct, absenteeism, dropout reports........................................................ 812, 1222, 1283
SB 679 Rock Quarry Operations; proximity to underground water sources. .................................................................. 878
SB 680 Telecommunications Companies; service charges; customer invoices.............................................................. .878
SB 681 Insurance; group life; employee paid premiums. ........................... 878 SB 682 Motorcycles; operator licensing; training; headgear. ....................... 878 SB 683 Clayton County; Magistrate Court. ............................. 878, 967, 969,
1382 SB 684 State Sovereignty and Federal Tax Funds Act. ........................... .879 SB 685 Clinch County; Board of Education. ............................ 879, 967, 969,
1276 SB 686 Elections; early voting procedures........................................... .932

2256

JOURNAL OF THE SENATE

SB 687 Newton County; Board of Elections and Registration. .....932, 1015, 1017,
1276 SB 688 Courts; judicial assistance on permanent basis from
other courts. .....................................................932, 1015, 1064, 1123, 1148
SB 689 Superior Courts; clerks; additional juror duties. ........................... 932 SB 690 Jury Panels; misdemeanor, felony cases; peremptory
challenges. ..................................................................... .933 SB 691 Ethics; political contributions; employee wage
deductions. ...................................................................... 933 SB 692 Used Motor Vehicles; sales at temporary locations......................... 933 SB 693 Highway Safety Rest Area; Gateway Center; Cobb
County. ...........................................................933, 1016, 1064, 1124, 1155, 1607, 1753
SB 694 Telemarketing Calls; inducement to purchase goods or services. ..........................................................962, 1013, 1064, 1123, 1153, 1166
SB 695 Lake City, City of; corporate boundaries. ....................962, 1064, 1066, 1276
SB 696 Insurance; motor vehicle; premium discount; security systems. ......................................................................... 962
SB 697 Animals; cruelty, intentional injury, promoting animal fighting. .........................................................................962
SB 698 Merit System; employees; performance based salary increases..........................................................962, 1015, 1064, 1123, 1152
SB 699 Abortion; Woman's Informed Consent Act.................................. .963 SB 700 Public Employers; overtime or compensatory time......... .963, 1015, 1064,
1123, 1142, 1919 SB 701 Cobb County; Commission on Children and Youth........ 1008, 1118, 1120,
1382 SB 702 Douglas County; Tax Commissioner......................... 1008, 1118, 1120,
1382 SB 703 Spalding County Collaborative Authority for Families
and Children................................................... 1009, 1118, 1121, 1382
SB 704 Liberty County; Ad Valorem Taxes........................... 1009, 1118, 1121 SB 705 Driver's License; suspension. ............................................... 1009 SB 706 Roads and Streets; traffic-control devices. ................................ 1058 SB 707 Ball Ground, City of; corporate limits. ..................... 1058, 1181, 1184,
1532 SB 708 Gwinnett County School District Ad Valorem Taxes;
homestead exemption. ........................................ 1059, 1181, 1184, 1532
SB 709 Henry County; State Court. ................................. 1116, 1223, 1225, 1556

INDEX

2257

SENATE RESOLUTIONS

SR

4 Joint Study Committee on Home Study Programs...................... 24, 28

SR

5 Random Student Drug Testing Study Committee......... No action in 1998

SR

6 Amend Constitution; tax defaulters ineligible hold

public office. ................................................... No action in 1998

SR

8 Amend Constitution; public initiative petition process. ...............24, 28

SR

9 Designate; Hugh L. Logan Interchange in Athens-

Clarke County.................................................. No action in 1998

SR

17 Driver's Education Study Committee. ....................................24, 29

SR

21 School Choice Vouchers, Joint Committee to Study. ....................24, 29

SR

22 Senate Committee on School Choice Vouchers............. No action in 1998

SR

37 State Board of Education; new method of selection;

election of members by General Assembly. ................ No action in 1998

SR

41 Amend Constitution; Georgia Senate; minimum age to

be elected.....................................................................24, 29

SR

46 Study Commission on Promoting Aerospace

Development, Commercial Space Activities, and

Telecommunications Technology...................................24, 29, 1390,

1713

SR

48 Designate; Evelyn S. Wade Highway on Highway 120,

Buchanan....................................................... No action in 1998

SR

49 Financial Accounts for TANF Recipients; urge 2-year

pilot project. .................................................................24, 29

SR

55 Bills for Revenue or Appropriate Money May Originate

in Senate. ......................................................No action in 1998

SR

56 Recycling and Solid Waste Reduction Fund; amend

Constitution.................................................... No action in 1998

SR

64 Indemnification of State Highway Employees; amend

Constitution..................................................... 24, 29, 332, 576,

583

SR

74 Declaring Georgia's Sovereignty Under the U.S.

Constitution.................................................... No action in 1998

SR

76 Amend Constitution; election of Local School

Superintendents. .............................................. No action in 1998

SR

77 Atlanta Braves Baseball Field Within Ted Turner

Stadium; urge name to honor Henry Aaron ............................ .24, 29

SR

86 Amend Constitution; provide Environmental Trust

Fund. ........................................................... 24, 29, 53, 91, 92

SR

89 Committee to Study Link Between Animal Cruelty and

Human Violence. ........................................................... .24, 30

SR 111 Georgia Conference of Black Mayors; welfare reform

concerns....................................................................... 24, 30

SR 112 Recycling and Economic Development Study

Committee...................................................... No action in 1998

SR 132 Amend Constitution; motor vehicle taxation; formula;

prorations....................................................... No action in 1998

SR 144 Brain and Spinal Injury Trust Fund; allocate certain

DUI penalties. ................................................................ 1701

2258

JOURNAL OF THE SENATE

SR 146 Amend Constitution; public initiative process to propose, amend, enact or reject Laws....................... No action in 1998
SR 147 Amend Constitution; Legislation Providing or Increasing State Taxes, Fees, Assessments or Charges; approval by 2/3's of General Assembly...................... No action in 1998
SR 151 Joint Study Committee on Baldwin County State Properties....................................................... No action in 1998
SR 152 Proposed Chemical Weapons Incinerator in Anniston, Ala.; urge public hearings for Northwest Georgia.........No action in 1998
SR 161 Amend Constitution; election of Senate members; fouryear term.....................................................................24, 30
SR 162 Georgia Youth Legislature; create................................... 1064, 1119 SR 170 Amend Constitution; State School Superintendent;
qualifications................................................... No action in 1998 SR 171 Amend Constitution; create State Government Waste
Task Force......................................................No action in 1998 SR 172 Prison and Jail Construction Cost Analysis; committee
to study. ........................................................ No action in 1998 SR 176 Amend Constitution; public initiative petition process
to enact or reject statutes. ................................... No action in 1998 SR 177 Amend Constitution; establish limitation on state
expenditures.................................................... No action in 1998 SR 178 Conrail Acquisition Plan; urge U.S. Department of
Transportation consider rail passenger and competitive freight service.................................................. No action in 1998 SR 185 Coastal Region Aquarium and Maritime Facility Study Commission. ................................................... No action in 1998 SR 200 Civil Trials; juries consist of six persons; amend Constitution.................................................... No action in 1998 SR 215 Amend Constitution; abolish State Board of Pardons and Paroles; grant authority to General Assembly........ No action in 1998 SR 216 General Assembly Members; term limitations; six twoyear terms...................................................... No action in 1998 SR 225 Coastal Ground-Water Resources Joint Study Committee....................................................................24, 30 SR 233 Child Custody; committee to study joint custody; shared parenting. ............................................. No action in 1998 SR 248 State Appropriations; prohibit total outlays exceeding revenue sources; requirements to enact taxes, fees, assessments. ...................................................No action in 1998 SR 251 Designate; George W. Ross Highway in City of Eton. ..................... 506 SR 252 Designate; Reverend Charles Walter Hayes Memorial Highway and Bridge. ......................................... No action in 1998 SR 254 State Office Campaign Finance Study Committee. ..................... 24, 30 SR 255 State Office Campaign Finance Joint Study Committee....................................................................24, 30 SR 263 Adapted Sports After-school Programs; committee to study..........................................................................24, 30 SR 270 Election Campaign Finance Reform; joint committee to study. ...........................................................No action in 1998

INDEX

2259

SR 271 Automobile Registration, Taxation; joint committee to study. ........................................................... No action in 1998
SR 272 Automobiles Registration and Taxation; committee to study. ........................................................... No action in 1998
SR 273 Automobile and Motorcycle Insurance Policy Cancellation and Nonrenewal Study Committee .......... 1222, 1713, 1714, 1715
SR 274 Property Tax Equity; committee to study. .................. 1222, 1714, 1715 SR 275 Property Taxes; equity in taxation; joint committee to
study. ........................................................... No action in 1998 SR 279 Joint Subsequent Injury Trust Fund Study Committee. .No action in 1998 SR 287 Langford, Arthur; placement of portrait at State
Capitol.......................................................... No action in 1998 SR 290 State and Local Bond Issuance Procedures; committee
to study. ........................................................ No action in 1998 SR 301 Consumer Privacy in the Marketplace; committee to
study. .........................................................................25, 30 SR 302 Historic Preservation and Heritage Tourism; committee
to study. ........................................................ No action in 1998 SR 303 Joint Georgia Transportation Study Committee........... No action in 1998 SR 316 Designate Wendy Bagwell Parkway; Paulding County ...No action in 1998 SR 319 Study Committee on Cosmetology School Curriculum. ...No action in 1998 SR 321 Child Custody Study Committee. ........................... No action in 1998 SR 331 Amend Constitution; provide additional penalties, fees;
allocate for construction, operation, staffing of municipal jails. ................................................. 25, 31, 816, 887,
898 SR 333 Elections; Campaign Finance Reform and Ethics Study
Committee. .................................................... No action in 1998 SR 334 Information Technology Relating to Technical
Institutes and Public Libraries Study Committee......... No action in 1998 SR 340 Women's Health Care Issues Study Committee. .................. 1540, 1714 SR 351 Unemployment Insurance; request state project to run
own UI System. .............................................................25, 31 SR 353 West Point Lake Water Problems; urge Congressman
Barr help resolve. .......................................................... .25, 31 SR 366 Study Committee on Controlled School Choice............ No action in 1998 SR 367 Study Committee on Effectiveness and Efficiency in
State Government. ............................................ No action in 1998 SR 368 Motorcycle Awareness and You Month ......................... 167, 185, 247,
251 SR 371 Study Committee on Appropriate Medicaid Reform. ...................25, 31 SR 382 Georgia National Guard Future Mission Requirements
Study Committee.............................................. No action in 1998 SR 386 DeKalb County's Form of Government Study
Committee...................................................... No action in 1998 SR 388 Children; affirming Senate commitment to ensure their
welfare.......................................................... No action in 1998 SR 395 Welfare and Health Care Reform, Impact on Working
Georgians Study Committee ................................. No action in 1998

2260

JOURNAL OF THE SENATE

SR 397 Study Committee on School Support Personnel. .......... No action in 1998 SR 458 Senate; Rules; conduct violations by Senators or staff. .No action in 1998 SR 459 Senator District 38; censure; misconduct actions;
marijuana possession. ...................................................7, 36, 54 SR 460 Senate; Rules; adopt for 1998 Session......................................... 3 SR 461 Notify House of Representatives; Senate convened. ......................... 5 SR 462 Beallwood Area Network Development; commend. ......................... 37 SR 463 Parole, Abolish for Persons Convicted Certain Crimes
Defined by General Assembly..................................... 7, 62, 79, 92, 102, 194, 198, 522, 528, 739, 771, 811
SR 464 Adams, Dr. Michael R; new UGA President. ............................. 5, 54 SR 465 Miller, Gerald and Joy; Barrow County Farm Family of
Year .............................................................................. 37 SR 466 Tysinger, Senator James W. (Jim); 41st District;
commend. ....................................................................... 576 SR 467 QBE; Blue Ribbon Study Committee on Funding;
reauthorization. ................................................ 7, 118, 141, 150, 160, 1386
SR 468 Norcross High School Concert Band; commend.............................. 37 SR 469 Baugh, Dr. James E.; Mayor of Milledgeville. ......................... 37, 772 SR 470 Retired Teachers At the Capitol Day......................................37, 58 SR 471 Paulding County Building Association; commend. .................... 54, 208 SR 472 Ad Valorem; Residential Property Assessment. ............................. 52 SR 473 Walker School Men's Soccer Team; commend................................ 54 SR 474 Urge Grant Full U.S. Citizenship to Hmong and Lao
Soldiers. ........................................................52, 206, 241, 576, 654
SR 4.75 Andrews, Rosalie; Distinguished Senior Georgian. ......................... 54 SR 476 South Georgia Technical Institute in Americus, 50th
Anniversary. ..................................................................... 66 SR 477 Bipartisan Joint Commission on Sentencing Reform,
Parole Abolition.................................................... 53, 62, 79, 92, 109, 182, 232
SR 478 Water Treatment Utilizing Purification Technology; urge pilot project. ............................................................... 61
SR 479 Georgia Sovereignty Resolution of 1998; declaring state boundaries........................................................................ 61
SR 480 James, D. Ray; commend....................................................... 66 SR 481 Property Conveyance; sell Brook Run Mental Health
Facility Property. ..............................................61, 140, 148, 169, 188, 191, 660
SR 482 Firelighters' Recognition Day; observance.................................... 80 SR 483 Dinkheller, Kyle Wayne; Laurens County Law
Enforcement Officer. ............................................................ 80 SR 484 Mayfield, Curtis; songwriter and guitarist. .................................. 80 SR 485 Amateur Radio Weekend; designate..................................... 80, 161 SR 486 Lively, Ralph Aford; commend................................................. 80 SR 487 Persons Convicted Crimes Against Children; parole
restrictions. ...................................................................... 86

INDEX

2261

SR 488--Douglas-Coffee County Industrial Authority; property exchange........................................................ 86, 140, 148, 169, 188, 192
SR 489--Property Conveyances; White, Coffee, Chatham and Cobb Counties. ................................................ 86, 140, 148, 169, 188, 192, 1386, 1874
SR 490--Designate; Dr. Deryl Hart Road in Marion County. ...... 86, 167, 185, 247, 249, 1385
SR 491--African American Business Enterprise Day; proclaim...................... 87 SR 492--Agricultural Production Losses; urge disaster
assistance....................................................... 87, 166, 185, 209, 235
SR 493--Property Conveyance; sell surplus land, houses; Baldwin County................................................87, 140, 148, 169, 188, 193, 1386, 1859, 1864
SR 494--Property Conveyance; sell tract; Baldwin County American Red Cross. ......................................... 87, 140, 148, 169, 188, 194
SR 495--Property Conveyance; old State Capitol, Milledgeville...................... 87 SR 496--Property Conveyance; sell 72 houses and tracts;
Baldwin County................................................87, 140, 148, 169, 188, 195
SR 497--Edwards, James Don, Ph.D., honoring................................. 89, 1543 SR 498--General Assembly; special veto consideration sessions. ................... 87 SR 499--Bickmore, Lisa; commend. ..................................................... 89 SR 500--Thornton, Brandi; commend. .................................................. 89 SR 501--Stewart, Natalie; commend. ................................................... 90 SR 502--Bush, Geary; commend. ........................................................ 90 SR 503--McKissick, Chase; commend. .................................................. 90 SR 504--Fletcher, Will; commend........................................................ 90 SR 505--Richardson, Kibbie; commend.................................................. 90 SR 506--Manual, Trayvis; commend. ................................................... 90 SR 507--Shumans, Derek; commend. ................................................... 90 SR 508--Barnette, Justin; commend..................................................... 90 SR 509--Brooks, Justin; commend....................................................... 90 SR 510--Guy, Wanda; commend. ........................................................ 90 SR 511--Taylor, Wes; commend. ......................................................... 90 SR 512--Eberhart, Dan; commend....................................................... 90 SR 513--Scott, Brandelyn; commend. ................................................... 90 SR 514--Blankenship, Danielle; commend.............................................. 90 SR 515--4-H Day at the Capitol; observance..................................... 90, 133 SR 516--Jones, J. B.; commend. ................................................... 90, 282 SR 517--Yearta, Bill; commend. ......................................................... 90 SR 518--Kuchar, Matt; commend........................................................ 93 SR 519--Senior Week at Capitol; declaring............................................. 91 SR 520--Smith, Mrs. Dean Day; National Mother of the Year....................... 93 SR 521--Mabry, W. L. Tug1; honoring................................................... 91 SR 522--Lotson, the Reverend Griffin; commend............................... 119, 313 SR 523--State Government; decentralize delivery of services. ...................... 116 SR 524--Byrd, Henry; 1997 GOAL Technical Education Award. .................. 119

2262

JOURNAL OF THE SENATE

SR 525--Children's Health Insurance Programs; support Private Market Initiatives. ............................................................. 116
SR 526--Atlanta Athletic Club; honoring. ............................................. 119 SR 527--Property Conveyance; Causton Bluff; Chatham County. ..... 116, 281, 309,
370, 371 SR 528--Dobbs, Byron; Radio Broadcaster............................................. 119 SR 529--Lottery Proceeds; specify educational purposes,
programs which may be expended. ............................. 116, 148, 167, 314, 336, 353, 1386, 1715, 1717, 1922, 1936, 1962, 2063, 2228
SR 530--Property Conveyance; grant easements; Bibb, Chatham, Clarke, DeKalb, Dougherty, McDuffie, Muscogee, Richmond, Union Counties. ......................... 116, 281, 309, 370, 371, 1385
SR 531--Bullard, William E. 'Bill'; expressing regrets at passing........................................................................... 119
SR 532--Land, Water, Wildlife and Recreation Heritage Fund. ....... 117, 148, 167, 188, 196, 1917, 2129
SR 533--State Budget; unappropriated surplus funds; taxpayer refund............................................................................117
SR 534--Georgia Farm Bureau Federation; commend................................ 133 SR 535--Senate; Amend Rules relating to decorum, committee
membership. ........................................................ 117, 185, 207 SR 536--South Fulton County Legislative Day at Capitol;
declaring................................................................... 119, 333 SR 537--Georgia Outreach Parent Training Network Day;
observance................................................................. 120, 312 SR 538--Porch, Ludlow; commend. ............................................... 120, 886 SR 539--Fannin County High School Band; commend. ........................ 133, 377 SR 540--Akins, Rhett, Country Music Artist; commend. ...................... 120, 142 SR 541--Ad Valorem; eliminate state taxes on tangible property................... 138 SR 542--Parkview High School Football Team; commend. .......................... 142 SR 543--Study Committee on Creation of Office of Women's
Health Within DHR............................................. 138, 1282, 1714 SR 544--Joint Study Committee on Franchise Fees and
Conditions, Public Rights of Way and Tax Implications of Competitive Markets......................................... 138, 1015, 1070,
1071, 1920 SR 545--Water Resources Authority; create for environmental
compliance........................................................... 138, 332, 367 SR 546--DeKalb County Public Library; commend............................. 142, 154 SR 547--Pinewood Christian Academy Lady Softball Team;
commend. ................................................................. 142, 249 SR 548--Pinewood Christian Academy Football Team; commend............. 142, 249 SR 549--Huff, Henry; Walton County Deputy Sheriff.......................... 142, 208 SR 550--Rowe, Grant G.; State Patrol Trooper.................................. 142, 208 SR 551--McCoy, Frank, Jr.; commend.................................................. 142 SR 552--Joint Study Committee on Historic Preservation............ 147, 1015, 1070,
1087, 1920 SR 553--Paul, Rebecca; President Ga. Lottery Corporation. ........................ 150

INDEX

2263

SR 554--Horticulture Trade Alliance and Environmental Horticulture Day.......................................................... 167, 208
SR 555--National Guard Day; declaring. ........................................ 167, 271 SR 556--Macon-Bibb County, Taste of Macon Day in Atlanta;
welcoming. ................................................................ 167, 818 SR 557--Joint Study Committee on Vocational Student
Organizations. .................................................................. 165 SR 558--Ad Valorem Property Appraisal; owner's purchase price
value. ............................................................................ 165 SR 559--Roadside Enhancement and Beautification Fund;
dedicated revenue. ................................................ 183, 262, 281, 314, 336, 352, 1285, 1371, 1840, 1888, 2030, 2054, 2189, 2228
SR 560--Property Conveyances; Hancock, Appling and Fulton Counties. ........................................................... 183, 281, 309, 370, 372, 1386, 1870
SR 561--Hodgkins, Bernie; recognizing. ............................................... 194 SR 562--Bruegger, Barbara J.; commend. ............................................. 167 SR 563--Senate; amend Rules........................................................... 184 SR 564--Multijurisdictional Service Commissions of Local
Governments. ................................................................... 184 SR 565--Rawlings, Larry; commend.................................................... 186 SR 566--Cable TV Study Committee on Consumer Concerns........ 184, 1282, 1714 SR 567--Howard, Lt. Governor Pierre; birthday congratulations. .................. 236 SR 568--Cook, Robert; Georgia Artist of the Year; commend. ................ 186, 274 SR 569--Paulding County Chamber of Commerce; commend. ................ 208, 517 SR 570--Ellijay Apple Marketing Association; commend. ..................... 208, 499 SR 571--Parkview High School Football Team; commend. .......................... 207 SR 572--Parkview High School Football Team and Varsity
Cheerleaders; commend........................................................ 208 SR 573--Woods, Monica Dionne; regrets at the passing. ............................ 208 SR 574--Goizueta, Roberto Crispulo; CEO of Coca-Cola;
honoring his legacy............................................................. 208 SR 575--Smyrna, City of; commend. ............................................. 208, 249 SR 576--National Council of Negro Women, Inc. (NCNW);
commend. ................................................................. 242, 671 SR 577--Atlanta Association of Insurance Professionals;
commend. ....................................................................... 242 SR 578--McKinney, Honorable Cynthia Ann and Sister to
Sister Day; commend. ................................................... 243, 313 SR 579--Public Libraries; encourage placement of parenting
books. ............................................................................243 SR 580--Arts, Georgia Citizens for the; commend.................................... 243 SR 581--Property Conveyance; Blackburn State Park; Lumpkin
County. ............................................................. 260, 281, 309, 370, 374, 1386
SR 582--Women Marines Association, Dogwood Chapter; commend. ................................................................. 263, 517
SR 583--Designate; Pete Wheeler Georgia War Veterans Memorial Plaza.................................................... 260, 936, 967, 1071, 1094, 1096, 1386

2264

JOURNAL OF THE SENATE

SR 584--Georgia Soccer Foundation; commend. ..................................... .263 SR 585--Suicide Prevention Programs, Initiatives....................... 260, 712, 713,
886 SR 586--Peace Officers; minimum salaries. .............................. 260, 744, 781,
820. 851 SR 587--Medical Education Fellowships in Geriatrics; encourage
creation. ............................................................ 260, 511, 536, 576, 656, 1701
SR 588--Designate; Bobby Eugene Parham Food Service Facility, Central State. ........................................... 260, 712, 744, 783, 792, 1215
SR 589--Smith, Hillary; 1997-1998 National FFA President.................. 282, 572 SR 590--South Gwinnett High School Fastpitch Softball Team;
commend. ...................................................................... .271 SR 591--Motor Fuel Tax on Low Sulphur Fuels; urge Congress
eliminate tax....................................................... 279, 713, 744, 821. 871
SR 592--Liver Disease Awareness Month; designating. ............................. 282 SR 593--Joint State Income Tax Reform Study Commission.........279, 1015, 1071,
1099 SR 594--Petty, Carlton; conservation efforts along Conasauga
River. .....................................................................282, 1070 SR 595--Bishop, Sanford, Congressman; commend............................. 282, 576 SR 596--Study Committee on Vocational Student Organizations. ...279, 1222, 1399,
1550, 1563 SR 597--Kelly, Emma Thompson; Lady of 6,000 Songs........................ 282, 334 SR 598--Girls and Women in Sports Day; recognizing.............................. .282 SR 599--Wilson, Gail Montgomery; commend.........................................282 SR 600--Certificate of Need, Long-term Care Facilities Study
Committee........................................................ 306, 1702, 1714 SR 601--Turner, Scotty; commend...................................................... 310 SR 602--Swain, Jimmy; commend. .................................................... .310 SR 603--Upchurch, Rima; commend................................................... .310 SR 604--Sanchez, Honorable Loretta and Sister to Sister Day;
commend. ...................................................................... .313 SR 605--Critz, Dale C.; commend.......................................................310 SR 606--Davison Fine Arts School; commend........................................ .333 SR 607--Thomas County Central High School Football Team;
commend. ................................................................. 334, 782 SR 608--Recreation and Parks Association, Georgia; recognizing................... 334 SR 609--GA Tech Football Team and Coach George O'Leary;
honoring. .................................................................. 334, 428 SR 610--UGA Football Team and Coach Jim Donnan;
recognizing. ............................................................... 334, 427 SR 611--Peach Festival Day at the Capitol; celebrating. ............... 362, 571, 572,
720 SR 612--State School Superintendent; nonpartisan election. ................362, 1014 SR 613--Designate; David Nipper Memorial Bridge..................... 363, 713, 744,
820, 858, 1064

INDEX

2265

SR 614--Norfolk Southern Railroad Intermodal Facility in Austell; opposing. ................................................. 363, 536, 571, 715, 731
SR 615--Chapman, Harry; commend............................................. 368, 545 SR 616--Governmental Entities; improved records management;
commend. ................................................................. 363, 513 SR 617--Hicks, Dr. Claire; honoring....................................................371 SR 618--African American Entrepreneurs; recognizing. ............................. 499 SR 619--Presley, Allison; commend.................................................... .427 SR 620--Griner, Lauren; commend..................................................... 368 SR 621--Savannah St. Patrick's Day Committee and Grand
Marshal; commend. .....................................................368, 1032 SR 622--Kelley, Chief Robert L. Chuck; Stone Mountain Park
Public Safety. .............................................................427, 537 SR 623--Dwozan, Marci; 1998 Watermelon Queen; commend....................... 427 SR 624--Salter, Mrs. Mary Etta Arkansas Gunn; 100th
Birthday. ........................................................................427 SR 625--Cordele-Crisp County Fish Fry and Civic Leaders;
recognizing. ............................................................... 427, 537 SR 626--McBrayer, Lauren; commend. ............................................... .427 SR 627--Bull River Marina and Yacht Club; food service
operations on dock. ............................................... 508, 744, 781, 1018, 1049
SR 628--Bird Islands Citizens Advisory Committee and Staff of DNR; commend.................................................................513
SR 629--Hurt, Moses; honoring. ........................................................517 SR 630--Future Homemakers of America, Celebrating Families
Day; commend. ................................................................. 513 SR 631--Holder, Jackie; commend...................................................... 513 SR 632--Study Committee on Public Education Disciplinary
Reform............................................................508, 1222, 1399, 1550, 1564
SR 633--Study Committee on Municipal Law Enforcement Employment..................................................... .508, 1222, 1552, 1663
SR 634--Alexander, Reverend Jimmie Terrell; honoring............................. 513 SR 635--Property Conveyance; sale of Georgia Mental Health
Institute Campus.................................................. 533, 744, 781, 820, 869, 1385
SR 636--Alpha Kappa Alpha Sorority and Dr. L. PaytonStewart; recognize............................................................. .537
SR 637--Jones, Jason; Prudential Spirit of Community Award; commend. ...................................................................... .537
SR 638--Property Conveyance; lease area for roadside park to Carter Center. ..................................................................533
SR 639--Designate; Tommy Irvin Parkway. .............................. 533, 713, 744, 820, 860, 1701
SR 640--Butler, Joseph Burton; commend............................................. 537 SR 641--Kennedy, Joseph E.; tribute to. ........................................ 537, 782 SR 642--Hicks, Charles; Black Civil War Veteran....................................537

2266

JOURNAL OF THE SENATE

SR 643--Arthritis Awareness Day; commend.......................................... 572 SR 644--Stream Buffer Requirements; joint committee to study. ..... 569, 816, 844,
943, 947 SR 645--Basketball, Georgia Lettermen Club; commend. ....................572, 1225 SR 646-Joint Study Committee on School Support Personnel. .....569, 1015, 1070,
1082 SR 647--Little, Candice; Miss Georgia 1997; honoring......................... 573, 824 SR 648--Designate; portion 1-95 as Tom Coleman Highway and
Mack Mattingly Highway......................................... 569, 884, 938, 1019, 1071, 1112
SR 649--Hildreth, Dr. Ethan J.D.; Henry County STAR Teacher; commend. ....................................................................... 573
SR 650--Lingam, Sashi Kiran; Henry County STAR Student; commend. ....................................................................... 573
SR 651--Georgia Humanities Council; importance of Character Education; recognize. .................................................... 665, 748
SR 652--Health Care for Rural and Underserved Georgians Day; recognizing. ............................................................... 666
SR 653--Designate; Duane Allman Boulevard; Raymond Berry Oakley Bridge...................................................... 661, 884, 938, 973, 1019, 1071, 1098
SR 654--Georgia Drugs and Narcotics Agency; recognizing. ........................ 714 SR 655--Designate; Hugh Alton Carter Bridge west of Plains......... 740, 884, 938,
1018. 1020, 1702 SR 656--Crockett, Veronica and Judy Thompson; commend. ....................... 745 SR 657--Georgia Academy of Family Physicians; congratulate. .............. 745, 886 SR 658--Atvur, Alisan; commend....................................................... 745 SR 659--Empire Real Estate Board, Inc.; commend.................................. 745 SR 660--Toms, Ronald Myron; expressing regret at the passing, .................. 745 SR 661--Superior Court Jurisdiction; cases involving title to
land and equity. ................................................................ 779 SR 662--Urge Congress Oppose Weakening Sanctions Against
Dictatorship in Cuba.............................................. 779, 937, 967, 1019. 1070, 1081
SR 663--Columbus Day at the State Capitol; recognizing..................... 782, 886 SR 664--Valdosta High School Boys Basketball Team; commend................... 818 SR 665--Veterans Express Bus, Inc.; commend. ......................................818 SR 666--Turner, Senator Loyce W.; District 8; commend.......................... 1069 SR 667--Slater, Rodney E.; commend. ..........................................818, 1140 SR 668--Joint Small Consumer Loan Industry Study
Committee....................................................................... 879 SR 669--Safe Drivers' Awareness Day; declaring. .............................. 886, 968 SR 670--Mighty Eighth Air Force Heritage Museum; commend. .................. 886 SR 671--Macon-Bibb County Cherry Blossom Festival Officials;
commend. .......................................................................817 SR 672--Georgia Conservative Commission on Women; urge
creation. ......................................................................... 879 SR 673--Optometrists and VISION USA; commend..................................886

INDEX

2267

SR 674--Joint Study Committee on Local Assistance Grants; equitable distribution. ........................................... 879, 967, 1018, 1019
SR 675--Emergency Medical Services (EMS) Recognition Day; observance....................................................................... 886
SR 676--Study Committee on Technology Education................................. 879 SR 677--Joint Study Committee on School Health Care............. .879, 1015, 1070,
1081 SR 678--Read Across America Campaign; endorsing................................. 886 SR 679--Cobble, William E.; honoring memory of. ...................................886 SR 680--Georgia DUI Study Commission...............................879, 1015, 1070,
1086 SR 681--Study Committee on the Creation of a Public
Retirement System for Emergency Medical Technicians...................................................................... 879 SR 682--Georgia Ambulance Network; commend..................................... 886 SR 683--Impact Ministeries, Legislative Aides; commend. .......................... 886 SR 684--Kirn, Hyon Chu; commend. ...................................................939 SR 685--Williams, Chris; recognizing. ................................................ .939 SR 686--Long County High School Leadership Program; recognizing. ..................................................................... 939 SR 687--Brunswick High School's "A Bridge to Our Future" Program; commend............................................................. 939 SR 688--Glynn Academy National Honor Society; commend........................939 SR 689--Hughes, Mrs. Lula E.; commend. ............................................939 SR 690--Holton, James N., Jr ; commend..............................................939 SR 691--Thomas, Lanese; commend....................................................939 SR 692--Community Health Clinics Accepting Federal Funds...................... 933 SR 693--Mooney, Mary-Cathryn; commend............................................939 SR 694--Butler, Brett Morgan; commend Baseball Career. ..................939, 1242 SR 695--Wills, Mark; commend..................................................939, 1704 SR 696--Smith, Reverend Eddie, ST.; commend.......................................939 SR 697--Lipscomb, Jamie Price; commend. ....................................939, 1224 SR 698--Small Consumer Loan Industry Study Committee.......... 963, 1702, 1714 SR 699^Iohnson, Reverend Willie J.; commend. .....................................939 SR 700--Home Education Week; recognizing. .........................................968 SR 701--Hardegree, Mr. and Mrs. Oliver; commend. ................................ 968 SR 702--Kuzava, Kathy M.; commend. ................................................969 SR 703--Tobacco Company Advertisements; denouncing deliberate targeting of minors. ................................963, 1014, 1064,
1123, 1142 SR 704--Public School Principals, Teachers and Employees Who
Lost Their Lives in Line of Duty; honoring................................. 969 SR 705--Perry, Christene, Miss Cobb County; commend. ........................... 969 SR 706--Israel, State of; recognizing 50th Anniversary............................ 1021 SR 707--Langston, D.M. (Max); commend. .......................................... 1016 SR 708--Sellers; William L. ........................................................... 1017 SR 709--Fennell, Larry and Brent; condolences to parents at
tragic loss...................................................................... 1017 SR 710--Cripe, Karah Kiley-Rae; commend. ........................................ 1017

2268

JOURNAL OF THE SENATE

SR 711--Abbott, B.P.; commend. ...................................................... 1017 SR 712--Guin, Belle J.; honoring. .................................................... 1017 SR 713--Gillis, Anne; honoring........................................................ 1017 SR 714--Turner, Donna; commend. .................................................. 1017 SR 715--Burris, Chuck; commend. ................................................... 1032 SR 716--Hershey, Mayor Sanford E.; regrets at the passing...................... 1065 SR 717--Thomas, Beverly; commend. ................................................ 1065 SR 718--Cox, Heather; commend. .................................................... 1065 SR 719--Slosheye Trail Big Pig Jig BBQ Cooking Contest;
recognize....................................................................... 1065 SR 720--New Zion Missionary Baptist Church 100th
Anniversary; commend....................................................... 1065 SR 721--Atlanta Marriott Marquis Concierge Staff; recognizing. ................ 1065 SR 722--Weaver, Margie; honoring. .................................................. 1065 SR 723--Langdale, John W.; express regrets at his passing....................... 1119 SR 724--Clarke, Joy Earlene Anderson; express regrets at the
passing......................................................................... 1120 SR 725--Mowrer, Cathy; McDuffie County Teacher of Year;
commend. ..................................................................... 1120 SR 726--Parkview High School Boys' Swim Team; commend. .................... 1120 SR 727--Parkview High School Women's Swimming and Diving
Team; commend. ............................................................. 1120 SR 728--Citizens Christian Academy Varsity Boys Basketball
Team; commend. ............................................................. 1120 SR 729--First Baptist Church of Springfield 150th Anniversary;
commend. ..................................................................... 1182 SR 730--Lavender, April; commend. ................................................. 1183 SR 731--Nicholls, City of; Advisory Committee to Study Best
Use of Grants................................................................. 1181 SR 732--Study Committee on Unauthorized Changes
('Slamming') of a Telephone Customer's Primary Long Distance or Local Exchange Carrier. ...................................... 1181 SR 733--UAW Local 10 in Doraville; 50 Years Service; commend. ..................................................................... 1183 SR 734--Rampley, C.D.; commend. ................................................... 1224 SR 735--Urge Require Study of Declaration of Independence, U.S. Constitution and Federalist Papers................................... 1218 SR 736--Izlar, Robert Lee; commend................................................. 1224 SR 737--Jones, George E. and Rachel C., 50th Wedding Anniversary; honoring. ...................................................... 1224 SR 738--Coffee County Advisory Committee, Interagency Service Collaboration. ......................................... 1278, 1702, 1714 SR 739--Parkview High School Cheerleaders; commend........................... 1225 SR 740--Hill, Matthew; Sargeant-at-Arms for Georgia Senate; commend. ..................................................................... 1225 SR 741--Kids Voting Georgia; commend. ............................................ 1284 SR 742--Evans Memorial Hospital 30th Anniversary; commend. ................ 1284 SR 743--Daniel, James C. (Jim); expressing condolences.......................... 1284 SR 744--Avret, Lura Evans; expressing condolences. .............................. 1284 SR 745--Joyner, Reverend John R.; commend. ..................................... 1284

INDEX

2269

SR 746--Moody, Waymon; in remembrance of....................................... 1284 SR 747--Roberts, Richard F. "Buddy"; expressing condolences.................... 1284 SR 748--Parker, Albert; tribute to.................................................... 1284 SR 749--KALEIDOSCOPE '98; commend............................................ 1284 SR 750--UGA/Athens-Clarke County Young Democrats Chapter;
commend. ..................................................................... 1284 SR 751--Nutrition Education, Georgia Coalition for; commend............ 1284, 1543 SR 752--Seminole County High School Basketball Team;
commend. ..................................................................... 1284 SR 753--Putnam County High School Lady Basketball Team;
commend. ..................................................................... 1284 SR 754--Sales Technologies, Inc. and Ronald D. Brown;
recognize....................................................................... 1285 SR 755--Bennett, Lawrence L.; commend. .......................................... 1285 SR 756--Pitts, Dan; commend......................................................... 1285 SR 757--Brunt, Dr. Gwynne T.; commend. .......................................... 1285 SR 758--Scrap Tire Mandated Fees; Solid Waste Trust Fund
proceeds; usage of. ........................................................... 1387 SR 759--Savannah High School Men's Basketball Team;
commend. ..................................................................... 1285 SR 760--WalMart Fleet Dispatch, Distribution Center in
Douglas; commend. .......................................................... 1285 SR 761--Religious Freedom Amendment to U.S. Constitution;
urge Congress support....................................................... 1279 SR 762--Green, Hilda Bailey; commend. ............................................ 1285 SR 763--Coosa Middle School Classroom in the Wild Center;
recognize....................................................................... 1392 SR 764--Lomax, Walter P., Jr., M.D.; honoring...................................... 1400 SR 765--Rahman, Malika Abdur; commend.................................. 1393, 1743 SR 766--Health Plans Sponsored by Associations, Multiple
Employer Welfare Arrangements; urge state insurance oversight........................................................ 1387, 1702, 1720,
1792, 1920 SR 767--Baker, Bruce B.; honoring the memory of................................. 1393 SR 768--Edwards, Teresa; commend. ................................................ 1393 SR 769--Professional Social Work Centennial Anniversary;
recognize....................................................................... 1543 SR 770--TB Control Program in Georgia; commend. .............................. 1543 SR 771--Mitchell-Baker High School Basketball Team;
commend. ..................................................................... 1555 SR 772--Albany State University Rams and Coach Hampton
Smith; commend.............................................................. 1543 SR 773--Lee, John; commend. ........................................................ 1544 SR 774--Southwest Georgia Academy Lady Basketball Team;
commend. ..................................................................... 1573 SR 775--Heart of Ga. Armed Forces Veterans Memorial
Intersection; urge designate................................................. 1702 SR 776--Cadwell, S.C.; commend; urge DOT name certain road
in his honor. .................................................................. 1702 SR 777--Colbert, Jesse, Jr.; recognize upon his retirement........................ 1704

2270

JOURNAL OF THE SENATE

SR 778--Athens-Clarke County Police Services and Chief Joseph H. Lumpkin; commend.............................................. 1704
SR 779--Westover High School Boys Basketball Team; congratulating................................................................. 1704
SR 780--Nonviolent Felony Substance Abuse Impact Study Committee..................................................................... 1702
SR 781--Youth and Junior Youth Assembly Programs of State YMCA; commend. ............................................................ 1704
SR 782--F.rown, Burnell; commend................................................... 1704 SR 783--Howard, Lt. Governor Pierre; recognizing................................. 2157 SR 784--Rodgers, Jimmy; condolences upon the passing. ......................... 1704 SR 785--DePaolo, Dr. Rosemary; Georgia College and State
University; commend......................................................... 1704 SR 786--Cotton Warehousing and Marketing Study Committee. ................ 1920 SR 787--Academic Recognition Day, University System
Scholars; commend. .......................................................... 1704 SR 788--Manus, Ray; Roswell High School Coach; commend. .................... 1923 SR 789--Griffin, Senator Floyd and Armed Forces Who Served
Vietnam; recognize. .......................................................... 2059 SR 790--Harbison, Senator Ed and Armed Forces Who Served
Vietnam; recognize. .......................................................... 2060 SR 791--Mitchell, James Harley; condolences upon his passing. ................ 1923 SR 792--Clay, Senator Chuck, District 37; honoring. .............................. 1941 SR 793--Caswell, Judge Paul E.; commend.......................................... 1923 SR 794--Snipes, Pastor Felix and Sister Jessie; commend. ....................... 1923 SR 795--Tucker, William A.; 70th Birthday; congratulating. ..................... 1923 SR 796--Howard, Lt. Governor Pierre; recognizing................................. 2157 SR 797--Enright, Alice E.; Deputy Secretary of the Senate;
recognize....................................................................... 1961 SR 798--Hodges, J. Roland; honoring the life of. ................................... 1923 SR 799--Dowdy, Colquitt; honoring................................................... 1923 SR 800--117th Air Control Squadron 50th Anniversary;
recognizing. ................................................................... 1923 SR 801--Griner, Lewis H.; sympathy at his passing. .............................. 1923 SR 802--Jones, Hollie Rebecca; express regrets at the passing................... 1923 SR 803--Porterfield, Betty; express regrets at the passing........................ 1923 SR 804--Senate Secretaries; commend. .............................................. 1924 SR 805--McAlister, Robert; commend. ............................................... 1924 SR 806--American Legion Post 500; commend...................................... 1924 SR 807--Jackson, Roy L.; commend. ................................................. 1924 SR 808--Jewish Education Alliance; commend...................................... 1924 SR 809--Faber, Michael; commend. .................................................. 1924 SR 810--Ferrell, Elder Willie; commend. ............................................ 1924 SR 811--Hardwick, Beautine Williams; commend. ................................. 1924 SR 812--Smalls, Reverend Leonard; commend...................................... 1924 SR 813--Adams Cab Company; commend. .......................................... 1924 SR 814--Washington, Mrs. Helen; commend. ....................................... 1924 SR 815--DeLorme, James; commend. ................................................ 1924 SR 816-Johnson, Dr. Otis S.; commend. ............................................ 1924 SR 817--Ralston, Senator David, District 51; commend. .......................... 2216

INDEX

2271

SR 818--Thomasville High School Lady Basketball Team; commend. ..................................................................... 2216
SR 819--Lee, Edwin Dominique; Division Basketball Award; honoring. ...................................................................... 2216
SR 820--Lancette, Sean J.E.; commend.............................................. 2217 SR 821--Sacred Heart Catholic Church of Atlanta; commend. ................... 2217 SR 822--Gillis, Senator Hugh Marion; District 20; commend..................... 2053 SR 823--Griffith, Dr. James A.; honoring............................................ 2217 SR 824--Goodman, Gwendolyn P.; commend. ....................................... 2217 SR 825--Price, Geraldine; commend.................................................. 2217 SR 826--Thomas, Priscilla D.; commend............................................. 2217 SR 827--Brown, Dr. Ernest S.; commend. ........................................... 2217 SR 828--Glanton, Senator Pam; District 34; commend. ........................... 2217 SR 829--Williams, Chuck; regrets at the passing................................... 2217 SR 830--Davis, James K.; commend.................................................. 2217 SR 831--Land, Mrs. Anne Wolfshohl; recognizing the late. ....................... 2217 SR 832--Holmes, Gary M.; commend................................................. 2217 SR 833--Secretary of the Senate Staff; commend................................... 2217 SR 834--Woods, Mrs. Pauline; commend............................................. 2217 SR 835--White, Oscar; commend...................................................... 2217 SR 836--Chappell, Frank; commend.................................................. 2217 SR 837--Scott, Mrs. Janette; commend. ............................................. 2218 SR 838--Adams, Jetty; commend. .................................................... 2218 SR 839--The Herald Newspaper; commend. ........................................ 2218 SR 840--Study Committee on Confined Swine Feeding
Operations..................................................................... 2218 SR 841--Study Committee on Rural Hospitals and Rural
Health. ........................................................................ 2218 SR 842--Senate Doorkeepers; commend.............................................. 2218

INDEX

2273

PART II

HOUSE BILLS AND RESOLUTIONS

HB

32--Counties, Municipalities; construction projects; bid

procedure. ...................................................... 1223, 1283, 1721,

1833, 2229

HB

55--Agents; power of attorney; transferring property

ownership....................................................... No action in 1998

HB

56--Employees' Retirement; appellate court judges.................... 1170, 1172

HB

62--Driver's License or Permits; replacement;

fingerprinting. .................................................No action in 1998

HB

71--Telephone Subscribers Objecting to Unsolicited Calls;

PSC database. .................................................. 1305, 1309, 1386

HB

88--Superior Court Judges Retirement; retiree benefits. ......... 237, 239, 571,

664, 782, 783, 1216

HB

92--Drugs and Narcotics Agency; director, agents; retain

weapons, badge. ............................................... No action in 1998

HB

95--Public Service Commission; elections; single-member

districts. ............................................................ 25, 31, 79, 92,

121, 143, 150, 169, 170, 313, 315, 1278, 2216, 2225

HB

96--Mental Health Professionals; therapists, psychologists;

licenses........................................................................ 25, 31

HB 106--Patient Medical Treatment, HMO Plans; time period to

receive. .........................................................No action in 1998

HB 110--License Plates; special; Shrine Hospitals; Civil War

Historic Sites................................................... No action in 1998

HB 122--GCIC Criminal History Records of Prospective Renters............. 304, 307

HB 155--Property; condemnation....................................... 1057, 1059, 1280,

1283, 1721, 1835, 2220

HB 185--Tax Executions; selling and transferring in lot blocks.... No action in 1998

HB 190--Radar Speed Detection Devices; permit conditions;

regulate use.................................................... No action in 1998

HB 203--Teachers Retirement; creditable service; sick leave. ...... 1006, 1009, 1063,

1119, 1292, 1294, 1296, 1719, 1725, 2224

HB 216--Augusta-Richmond County Coliseum Authority;

membership. .................................................................62, 67

HB 233--Insurance Fraud Against Persons 60 Years of Age;

penalties........................................................ 1623, 2165, 2178,

2228

HB 236--Mass Transportation; transit services; local contracts.... 1007, 1009, 1118,

1181, 1293, 1299

HB 244--School Year; grants to lengthen student days. ............ 1167, 1172, 1280,

1283, 1551, 1607, 1962, 2044

HB 248--Littering; definition includes cigarette butts and

chewing gum................................................................ .25, 31

HB 249--Marriage Ceremony; authority of state and federal

court judges. .........................................................25, 32, 1015,

1293, 1375, 1379, 1962

2274

JOURNAL OF THE SENATE

HB 251--Trespass Upon or Damage to Realty; civil actions; limitation period.................................................. 884, 938, 1293, 1309, 1310, 1659, 1721, 1827
HB 258--Arrest of a Peace Officer; required information on arrest affidavit................................................. No action in 1998
HB 274--Psychologists; licensure; board investigations.............. 1281, 1283, 1398, 1463, 1831, 2032, 2046, 2138, 2179
HB 278--Emergency 911 Systems; performance reports; public inspection....................................................... No action in 1998
HB 287--Assisted Living; new category of facilities; licensing; regulation....................................................... No action in 1998
HB 290--Firearms; Brady Law Regulations; background records check..........................................................................25, 32
HB 300--Conditioned Air Contractors; unlicensed persons............. 810, 812, 1282, 1283, 1719, 1745, 2139, 2211
HB 330--Georgia Pharmacy Practice Act; licensure, controls, regulations. ......................................................... 377, 416, 421
HB 336--Firemen's Pension Fund; prior service credit. .............. 58, 61, 140, 149, 169, 247, 258
HB 338--Firemen's Pension Fund; member dies but not retired. ..... 198, 203, 367, 426, 715, 723
HB 351--Disabled Persons; right to use of service capuchin monkeys. ....................................................... No action in 1998
HB 353--Charter Schools Act of 1998. ................................ 1007, 1009, 1280, 1283, 1398, 1481, 1489, 2220
HB 381--Public School Employees Retirement; benefits.............. 83, 87, 140, 149, 169, 247, 250
HB 387--Motor Vehicle Certificate of Title; joint interest; surviving owner....................................................... 25, 32, 367, 1721, 1843
HB 395--Civil Practice; production of documents. ....................... 134, 139, 570, 664, 782, 785
HB 396--Boxing Matches; licensure.................................... 1007, 1010, 1221, 1283, 1398, 1480
HB 399--Criminal Restitution; damages arising out of criminal act............................................................... No action in 1998
HB 408--Divorce; awards of real property; filing, recording. ....... 1281, 1283, 1721, 1911, 2043, 2126
HB 409--Driver's Education; high school programs.................. 1280, 1283, 1399, 1551, 1603, 1606, 1831, 1852, 1941, 1955, 2133, 2226
HB 413--Family Violence Shelters; disclosure of location unlawful. .......................................................No action in 1998
HB 441--Ga. Lottery Corporation; employees retirement. .......... 1008, 1010, 1181, 1223, 1293, 1369, 2228
HB 442--Employees' Retirement; retirees; spousal benefits.......... 83, 88, 140, 149, 169. 887, 900
HB 443--Employees' Retirement; retiring after 25 years of service............................................................ 83, 88, 140, 149, 170. 264, 274

INDEX

2275

HB 458--Public Officials; oath of office................................... Ill, 117, 1223, 1283, 1551, 1623
HB 464--Sheriffs Retirement; benefits; spouse predeceases member. ............................................................ 200, 203, 367, 426, 715, 725
HB 478--Mortgage Lenders; liability for homeowners insurance premiums....................................................... No action in 1998
HB 493--Insurance Fraud; false claims to procure payment of benefits. ........................................................No action in 1998
HB 516--Probate Courts; judges training, certification.................. 134, 139, 816, 884, 1293, 1311, 2223
HB 535--Atlanta, City of; ad valorem tax; exemption for elderly. ................ 1544 HB 543--Elections; voting by absentee ballot without giving
reason.........................................................................25, 32 HB 553--Medical Reimbursement Claims When Insured
Compensated for Damages. ..................................No action in 1998 HB 571--Superior Court Clerks' Fund; investments; benefits. ......... 200, 204, 367,
426, 577, 671, 674 HB 609--Hotel-Motel Excise Tax; cap aggregate tax rates; guest
charges.......................................................... 1507, 1522, 1845, 2225
HB 624--Motor Vehicles Purchased Public Funds; identifying markings........................................................ No action in 1998
HB 661--Employees' Retirement; transfer membership due employment change. .......................................... 1170, 1172, 1282, 1283, 1552, 1666, 2221
HB 674--Persons Owing Money to Public Agencies; collection. ....... 708, 710, 1280, 1283, 1553, 1691, 1694
HB 706--Hotel-Motel Excise Tax; International-Maritime Trade Center; museums........................................................... .25, 32
HB 710--Macon-Bibb County Industrial Authority; projects; site development.................................................... No action in 1998
HB 714--Blind Vendors; guide dogs on premises of vending operation............................................................ 327, 330, 571, 664, 716, 749, 752, 932
HB 724--Employees' Retirement; employees of district attorneys... 83, 88, 140, 149, 170, 247, 253
HB 727--Habersham County State Court; judge, solicitor; compensation ..................................................No action in 1998
HB 744--Public Records; confidentiality of Social Security Numbers........................................................ No action in 1998
HB 751--Georgia Judicial Retirement System; membership........... 931, 933, 1063, 1119, 1292, 1296
HB 759--Peace Officers' Benefit Fund; membership; DCYS employees........................................................ 83, 88, 140, 149, 170, 265, 286
HB 761--Georgia Commission on Women; clarify official activities. ...................................................................... 1278

2276

JOURNAL OF THE SENATE

HB 766--Richmond County; certain elected officials compensation................................................... 1391, 1393, 1396, 1398, 1756, 1945
HB 780--Judges of Probate Courts Retirement Fund; benefit calculation....................................................... 84, 88, 140, 149, 170, 247, 254
HB 789--Cobb County State Court; solicitor-general; compensation .................................................. No action in 1998
HB 791--Peace Officer Certification; municipal correctional officers. .......................................................................25, 32
HB 801--Sex Crimes Against Children; punishment; death penalty. .................................................................... 709, 710
HB 812--Public Safety Communications; dispatch center officers...... 359, 363, 744, 781, 887, 919
HB 820--Elections; nonpartisan election without prior primary............... 161, 165 HB 840--Cemeteries or Memorials; criminal offense of
vandalism. ..................................................... No action in 1998 HB 844--Surface Mining Regulations; exclude ordinary fill from
borrow pits. ........................................................ 134, 139, 207, 241, 783, 793, 795, 819
HB 862--Insurers; countersignature requirements................... 1056, 1059, 1281, 1283, 1552, 1686, 2229
HB 873--State Executive Officers Who Are Candidates for Election; mass mailings.................................................. 506, 508
HB 884--Higher Education Student Loans; persons in default, failure to repay. ..................................................921, 934, 1183, 1281, 1283, 1398, 1467, 1475, 2221
HB 885--Employees Retirement; prior service credit. ................ 84, 88, 140, 149, 170, 247, 255
HB 886--Employees Retirement; benefit calculation..................... 134, 139, 166, 185, 1293, 1356, 1358
HB 908--Alcoholic Beverages; agents for persons under age 21 to purchase or acquire............................................ 237, 240, 816, 884, 1551, 1614, 2222
HB 932--Medical Doctors; create separate independent agency to regulate......................................................1168, 1172, 1391, 1551, 1613, 2219
HB 936--Employees' Retirement; persons first employed at age 60.................................................................84, 89, 140, 149, 170, 313, 336, 349
HB 937--Employees' Retirement; employees of District Attorneys. .......................................................... Ill, 117, 140, 149, 170, 247, 257
HB 939--Lottery Funded Scholarships; eligibility; students in DCYS school. ..................................................No action in 1998
HB 942--Elections; recall petitions........................................ 135, 139, 1015, 1064, 1721, 1837, 1962, 2127
HB 943--Teachers' Retirement; beneficiaries under Regents Retirement Plan. .................................................. Ill, 117, 140, 149, 170, 313, 336, 348

INDEX

2277

HB 944--Employees' Retirement; prior service credit; executive branch. ............................................................. Ill, 118, 140, 149, 170, 247, 253
HB 946--Public Employment; eligibility; military service registration..................................................... 1057, 1059, 1221, 1283, 1720, 1791
HB 957--Child Molestation; offenses involving touching a child. ............ 809, 813 HB 976--Hancock County; Board of Elections and Registration. . No action in 1998 HB 978--Motor Vehicle Air Bags; failure to deploy when
disabled by owner. ............................................... 931, 934, 1282, 1283, 1551, 1647, 2222
HB 984--Barrow County; ad valorem; homestead exemption ...... No action in 1998 HB 985--Barrow County; ad valorem school taxes; exemption;
age and income. .......................................................... 141, 143 HB 999--Atlanta City Council; meetings; public comments......... No action in 1998 HB 1004--Chatham County; Superior Court; judges; nonpartisan
election.......................................................... No action in 1998 HB 1010--City of Pooler; expand corporate limits..................... No action in 1998 HB 1017--Madison County; employees; eliminate mandatory
retirement. ................................................................ 536, 538 HB 1031--Savannah, City of; City Manager; supervision of city
personnel. ....................................................................62, 67 HB 1032--Chatham County; Recorder's Court; chief judge;
personnel supervision...................................................... .62, 67 HB 1061--Jasper County; Office of Sheriff; vacancies; elections;
chief deputy.................................................... No action in 1998 HB 1071--Firefighters' Pension Fund; prior service credit. ..................... 810, 813 HB 1081--Teachers Retirement; benefits; person predeceases
member. ............................................................ 200, 204, 367, 426, 821, 872
HB 1082--Public School Employees Retirement; unmarried retirees............................................................. 809, 813, 1063, 1119, 1293, 1364
HB 1086--Osteoporosis; Bone Mass Measurement Coverage Act....... 737, 740, 1014, 1064, 1186, 1209, 1399, 1507, 1509, 1916, 1981, 2225
HB 1087--Wildlife Management; trout waters. ............................ 276, 279, 570, 664, 749, 772, 1217
HB 1088--Employees' Retirement; creditable service; court secretaries. ..................................................... 1056, 1059, 1282, 1283, 1719, 1728
HB 1094--MARTA; contracts................................................961, 963, 1063, 1119, 1186, 1210
HB 1096--Public Retirement or Pension Systems; survivor benefits. ............................................................ 304, 307, 367, 426, 943, 954
HB 1098--Blasting or Excavating Near Underground Utility Facilities. ........................................................... 328, 330, 511, 536, 749, 774

2278

JOURNAL OF THE SENATE

HB 1101--Health Care Authorities Law; County, Municipal Hospital Authorities............................................... 709, 710, 744, 781, 1070, 1072, 1080
HB 1103--Employees' Retirement; creditable service; legislative branch. ......................................................... 1056, 1059, 1282, 1283, 1398, 1476
HB 1116--Income Tax; deduction; self-employed medical insurance. ...................................................... 1056, 1060, 1118, 1181, 1292, 1294
HB 1126--Georgia Golf Hall of Fame Authority Act. .................... 807, 813, 1221, 1283, 1399, 1494, 1504, 2220
HB 1130--Telecommunications Marketing Act; switching customer providers. ........................................... 1007, 1010, 1118, 1181, 1243, 1245, 1535
HB 1131--Mental Health; county community service boards. ........... 134, 139, 206, 241, 264, 273
HB 1140--Unemployment Compensation; drug-free workplace rates................................................................. 659, 661, 937, 967, 1185, 1187, 1535
HB 1143--Charitable Organizations; financial statement requirement. ...................................................... 659, 661, 1063, 1119, 1552, 1685
HB 1144--Property; Security Instruments; paid indebtedness. .......... 660, 662, 816, 884, 1243, 1249, 1535
HB 1145--Ad Valorem; exemption; vehicles owned by former POWs............................................................... 360, 363, 511, 536, 715, 726
HB 1148--Clarke County Board of Education; nonpartisan elections. ................................................................50, 54, 62, 67, 68
HB 1154--Land Surveyors; errors, omissions; damage actions........... 276, 280, 511, 536, 576, 578
HB 1156--Hospitals; denial of staff privileges. ............................ 304, 307, 366, 426, 887, 899
HB 1157--Trespass or Damage to Realty or Injuries; damage actions; fraud. ............................................................ 930, 934
HB 1158--Dental Facilities; patient sedation; anesthesiology staff...... 328, 330, 511, 536, 715, 716
HB 1160--Municipalities; utility service contracts......................... 709, 710, 883, 938, 1293, 1368, 2219
HB 1161--Income Tax; credits; 'clean fueled' vehicles................. 1140, 1172, 1280, 1283, 1551, 1608, 1610, 1831, 1851
HB 1162--Income Tax; increase amount of personal exemptions........ 58, 61, 79, 89, 121, 122, 133
HB 1163--Water Pollution; Waste-water Treatment facilities; state oversight. .................................................... 328, 330, 816, 884, 1399, 1491, 1494, 2218
HB 1164--Violent Felony Offenders; prohibit first offender probation. .......................................................... 201, 204, 366, 426, 514, 519, 521, 1610, 1719, 1757

INDEX

2279

HB 1165--Crime Victim Restitution; theft and property damage........ 134, 139, 366, 426, 514, 521
HB 1166--Appropriations; supplementary; Year 2000 Computer Compliance......................................................... 259, 260, 331, 367, 428, 429
HB 1167--Appropriations; Amend SFY 1997-1998. ....................... 259, 261, 331, 367, 428, 430, 498, 506, 512, 519, 585, 654, 660
HB 1168--Carroll County Sales Tax for Education; distribution. ............50, 54, 62, 67
HB 1169--Offense of Failure to Wear a Seat Safety Belt................ 202, 204, 1390, 1391, 1553, 1696
HB 1174--Ad Valorem; homestead exemption; person absent from home. ...............................................................358, 363, 511, 536, 943, 955
HB 1175--Motor Fuel Excise Taxes; exemption; agricultural vehicles. ............................................................ 358, 364, 511, 536, 887, 917
HB 1178--Ad Valorem; delinquent taxes; distribution. ................... 659, 662, 883, 938, 972, 997, 1536, 1934
HB 1179--Medicaid; reimbursement; mental health and substance abuse. ...................................................... 1168, 1172
HB 1180--Alcoholic Beverages; malt beverages; hard cider from apple juice.......................................................... 161, 165, 206, 241, 313, 336, 348
HB 1181--Meriwether County Board of Education; per diem............... 75, 79, 118, 120
HB 1183--Education; special education services; judicial proceedings........................................................709, 711, 1280, 1283, 1552, 1681, 2221
HB 1185--Education Department; J. William Fulbright Exchange Program. ........................................................... 659, 662, 936, 967, 1243, 1251
HB 1186--Appeals to Superior Court from Magistrate Court; nonjury calendar.................................................. 810, 813, 1281, 1283, 1720, 1820
HB 1189--Ad Valorem; preferential tax assessment.......................277, 280, 366, 426, 514, 539, 777
HB 1195--Foresters; professional ethics code............................... 708, 711, 882, 938, 1243, 1255
HB 1199--Municipal Courts Training Council; members. ................ 304, 307, 425, 512, 821, 871
HB 1200--Magistrates; training and certification; mentor program............................................................. 659, 662, 816, 884, 943, 948
HB 1201--University System; Board of Regents........................... 327, 330, 511, 536, 715, 721
HB 1202--Candidates for County Offices; election qualifying fees. .... 738, 740, 1223, 1283, 1720, 1793, 1922, 1945, 2030, 2044, 2120, 2226
HB 1206--Municipal Courts; jurisdiction; shoplifting offenses. .......... 327, 330, 816, 884, 972, 1186, 1204

2280

JOURNAL OF THE SENATE

KB 1209--Contaminated Food; detained or embargoed articles; violations. .......................................................... 202, 204, 332, 367, 887, 888, 1217
HB 1211--Agriculture Products; warehousemen, grain dealers; breach of bond. .................................................... 202, 204, 366, 887, 900
HB 1212--State Structural Pest Control Commission; membership. ....................................................... 202, 205, 332, 367, 426, 715, 726
HB 1214--Funeral Service Contracts; failure to pay; property liens........................................................................ 359, 364
HB 1216--Municipal Probation Officers; training and certification......................................................... 809, 813, 883, 938, 1243, 1260
HB 1219--MARTA; reserve funds; investments............................ 530, 533, 744, 781, 887, 907
HB 1220--Education; certificated personnel; state salary schedule....................................................................961, 963
HB 1222--Hospital Authorities; designated teaching hospitals; local funds.......................................................... 201, 205, 281, 309, 370, 416, 417, 428
HB 1225--Ethics and Efficiency in Government Act; General Assembly Training. ........................................... 1170, 1172, 1391, 1551, 1610
HB 1226--Pre-1998 Probate Code; The Revised Probate Code of 1998................................................................420, 423, 1015, 1064, 1293, 1317, 1334, 1940, 1972
HB 1227--Retirement and Pensions; OCGA Title 47; errors and omissions. .......................................................... 420, 423, 713, 744, 1293, 1334
HB 1228--OCGA Code Revisions and Modernizations. ................... 420, 424, 713, 744, 820, 869, 2219
HB 1229--Elections, OCGA Title 21; correct errors and omissions...... 421, 424, 713, 744, 820, 853
HB 1236--Bogart, Town of; new charter. ................................... 145, 147, 241, 243
HB 1238--Cities of 300,000 or More; state court judges pro hac vice.................................................................358, 364, 1281, 1283, 1720, 1806
HB 1240--Insurance; motor vehicle liability; uninsured motorists. ....708, 711, 1183, 1281, 1283, 1399
HB 1242--Boll Weevil Eradication Program; per cotton bale assessment. ....................................................... 809, 814, 1063, 1119, 1186, 1210
HB 1250--Appropriations, General SFY 1998-1999. .................. 1115, 1116, 1280, 1283, 1398, 1406, 1456, 1466, 1481, 1490, 1981, 2029, 2225
HB 1252--Controlled Substances; change dangerous drug listing. ..... 304, 307, 369, 511, 536, 1243, 1251, 1534

INDEX

2281

HB 1253--State Nutrition Assistance Program (SNAP); emergency food banks............................................ 930, 934, 1063, 1119, 1243, 1256, 1507, 1959, 2030, 2044, 2197, 2227
HB 1254--Inmates; sentencing documents................................. 776, 779, 1013, 1064, 1185, 1196
HB 1263--Real Estate; licensure; appraisers, brokers, salespersons........................................................ 303, 307, 713, 744, 887, 908, 1278
HB 1266--Disaster Volunteer Leave With Pay for State Employees. ......................................................... 530, 534, 744, 781, 820, 854
HB 1268--Election Ballots; Optical Scanning Voting Equipment........ 328, 330, 817, 884, 972, 974, 996, 1217, 1640, 1831, 1852, 2066, 2119
HB 1270--Fire Departments; requirements to function; compliance.......................................................... 304, 308, 512, 536, 783, 793
HB 1273--Public School Employees; retirees; health insurance coverage. ....................................................... 1154, 1173, 1280, 1283, 1398, 1467
HB 1274--Real Estate Transactions; information disclosure. ........... 931, 934, 1222, 1283, 1720, 1815, 2223
HB 1278--Tifton, City of; corporate limits; annexation referendum......................................................... Ill, 118, 261, 263
HB 1279--Tifton, City of; council districts.................................. Ill, 118, 261, 263
HB 1288--Juvenile Court; deprivation cases; guardian ad litem. ....... 421, 424, 570, 664, 716, 749, 750
HB 1290--Juvenile Court; jurisdiction; venue; records disclosure; judges. .............................................................. 505, 508, 712, 744, 820, 854, 1216
HB 1294--Coin Operated Amusement Machines; regulations; permit decals....................................................... 303, 308, 816, 884, 943, 949, 1278
HB 1295--Agriculture; Soil and Water Conservation Districts; finances............................................................. 359, 364, 570, 664, 887, 920
HB 1298--Cobb County Board of Education; filling of vacancies. .............. 259, 261 HB 1299--Driver Training School Operators; qualifications.............. 304, 308, 884,
938, 972, 1001, 1278 HB 1301--Agriculture; Soil and Water Conservation Districts;
projects.............................................................. 359, 364, 570, 664, 887, 918
HB 1304--Outdoor Advertising Signs; proximity to certain areas. ..... 530, 534, 884, 938, 1720, 1807, 2221
HB 1306--Criminal Procedure; trial upon accusations in felony cases. ............................................................... 359, 364, 570, 664, 783, 802

2282

JOURNAL OF THE SENATE

HB 1307--Child Support Recovery Act; employer reports of persons hired....................................................... 202, 205, 425, 512, 715, 722, 723, 748
HB 1309--Catoosa County; school district taxes; homestead exemption. ..................................................... 1529, 1536, 1921, 1925
HB 1310--Catoosa County; ad valorem; county taxes; exemption... 1529, 1536, 1921, 1925
HB 1315--Shrimping, Cast Netting Licenses; commercial, noncommercial..................................................... 238, 240, 332, 367, 888, 1018, 1021, 1032, 1217, 1313, 1507, 1661, 2201, 2211, 2226
HB 1316--Civil Cases; renewal after dismissal. ....................... 1170, 1173, 1281, 1283, 1551, 1624
HB 1323--Indigent Defense Council; utilization of private funds........ 737, 741, 883, 938, 972, 1186, 1204
HB 1324--Ad Valorem; taxation of heavy-duty equipment motor vehicles. ...........................................................708, 711, 1063, 1119, 1186, 1205
HB 1327--Workers' Compensation; benefits; compensable injuries..... 961, 964, 1065, 1281, 1283, 1399, 1550, 1565, 1571, 2223
HB 1334--Oconee County; School District Ad Valorem Taxes; exemption. ......................................................... 145, 147, 241, 243
HB 1335--Oconee County; Board of Commissioners....................... 145, 147, 241, 243, 244, 709
HB 1336--Oconee County; ad valorem taxes; homestead exemption. ......................................................... 145, 147, 241, 244
HB 1337--Building Permits; forms; printed text; property subject lien laws............................................................ 530, 534, 713, 744, 782, 785, 1217, 1255, 1507, 1688, 2212, 2227
HB 1338--Oconee County; Board of Elections and Registration......... 145, 148, 241, 244
HB 1349--Retail Installment Contracts; buyer refund upon repayment.......................................................... 276, 280, 332, 367, 428, 513, 514
HB 1350--Ad Valorem; exemption; certain family owned farms, products............................................................. 499, 508, 883, 938, 1186, 1206, 1534
HB 1351--Fishing; salt-water species; seasons; possession; size limits................................................................ 304, 308, 570, 664, 887, 920
HB 1352--Fishing Licenses; salt-water; shrimp boats, sport bait ....... 305, 308, 570, 664, 888, 1018, 1032, 1035, 1055, 1070, 1243, 1245, 1506, 1661, 1840, 1901, 2146, 2157, 2226
HB 1353--Income Tax; corporations; apportionment of income. ......... 276, 280, 366, 426, 514, 539, 540
HB 1354--Financial Institutions, Agents; revise numerous provisions........................................................... 327, 331, 664, 713, 820, 824, 846, 1278

INDEX

2283

HB 1358--Cohutta City Council; presiding officer. ........................ 161, 165, 241, 244
HB 1360--Handguns; concealed weapons; storage in private vehicle. ............................................................ 776, 779, 1015, 1064, 1719, 1766, 2223
HB 1364--Local Government Grants; requirements; audits. ............ 505, 509, 1223, 1283, 1720, 1795, 2221
HB 1365--Ad Valorem; preferential assessment; conservation use property............................................................. 530, 534, 744, 781, 1293, 1310
HB 1368--Tax Executions; statute of limitations. ......................... 530, 534, 744, 781, 820, 859
HB 1372--Securities; Investment Advisers, Salespersons; regulations. ....................................................... 777, 780, 1013, 1064, 1293, 1335, 1356, 2222
HB 1373--Public Employees; prohibit labor strikes, work stoppage. ..........................................................738, 741, 1223, 1283, 1553, 1694, 2219
HB 1374--Cobb County; prohibit discriminate or grant preferential treatment. .................................................. 237, 240
HB 1378--DUI; chemical tests; informing suspect of rights; legality. ......................................................... 1167, 1173, 1281, 1283, 1399, 1518, 1521, 2031, 2054
HB 1387--Medicaid Providers; payment denied; administrative hearings. ........................................................... 328, 331, 781, 817, 887, 901, 1277
HB 1388--Ad Valorem; exemption; property owned by religious organization....................................................... 931, 935, 1014, 1064, 1185, 1189
HB 1391--Street Gangs Act of 1998; criminal activities.................. 359, 364, 571, 664, 716, 733, 1217
HB 1392--Theft by Shoplifting; stolen property value defines punishment........................................................420, 424, 1222, 1283, 1551, 1649
HB 1393--Watercraft Violations; operating under influence alcohol/drugs. ..................................................360,365,570,664, 973, 1399, 1509, 1518, 1550, 1554, 1917, 1959, 2030, 2045, 2140, 2226
HB 1394--Watercraft, Operation Restrictions; age limits; reportable accidents............................................... 360, 365, 816, 884, 972, 1003, 1265, 1267, 1274, 1506, 1628, 1831, 1845, 2157, 2226
HB 1397--Harris County; Sheriff and Deputies; salary................... 181, 184, 281, 283, 286, 328
HB 1398--Harris County; Tax Commissioner; salary...................... 181, 184, 281, 283
HB 1399--Harris County; Probate Court Judge; salary................... 181, 184, 281, 283
HB 1400--Harris County; Superior Court Clerk; salary. ................. 181, 184, 281, 283

2284

JOURNAL OF THE SENATE

HB 1404--Information Technology Policy Council; increase membership. ...................................................... 736, 741, 1282, 1283, 1720, 1819, 2218
HB 1406--Judicial Sales; legal advertisements. ........................... 327, 331, 713, 744, 783, 805, 820, 847
HB 1407--Decatur, City of; City Manager.................................. 181, 184, 261, 263
HB 1408--Medicaid; recipients; enrollment in HMO plans; marketing. ................................................................ 875, 880
HB 1410--Infectious Diseases; Hepatitis C exposure.................. 1154, 1173, 1281, 1283, 1720, 1803, 2053, 2131
HB 1412--County Boards of Public Health and Wellness; change in name............................................................. 530, 534, 936, 967, 1293, 1300, 1304, 2218
HB 1413--County Officers; minimum salaries. ........................ 1171, 1173, 1391, 1719, 1769, 1785, 2065, 2128
HB 1419--Sports Hall of Fame Authority; membership................... 201, 205, 425, 512, 539, 542
HB 1420--Telemarketing Fraud; definitions............................ 1171, 1174, 1280, 1283, 1399, 1522, 1528, 2221
HB 1423--Merit System; adverse personnel actions................... 1168, 1174, 1391, 1721, 1842, 2229
HB 1424--Income Tax; raise exclusion amount; retirement income. ............................................................. 358, 365, 511, 536, 715, 732, 811, 908
HB 1425--Firearms Possession; certain peace officers, judges, DAs.............................................................. 1008, 1010, 1063, 1119, 1186, 1197, 1535
HB 1430--Motor Vehicle Licensing, Plates, Decals; vehicle transfers. .......................................................... 930, 935, 1282, 1283, 1399, 1551, 1576, 1603, 1839, 1954, 2031, 2045, 2195, 2227
HB 1432--Water Pollution and Surface-water Use; permit refusal grounds. ........................................................ 1006, 1010, 1222, 1283, 1552, 1664
HB 1433--Sales Tax; special county 1%; proceeds; audit reports........ 736, 741, 883, 938, 1243, 1248, 1264, 1274
HB 1434--Holidays and Observances; designate Bill of Rights Day. ................................................................. 359, 365, 712, 744, 820, 852
HB 1435--Chiropractors; license renewal requirements.................. 930, 935, 1281, 1283, 1719, 1743, 2224
HB 1437--Income Tax; deduction; employer social security tax credit............................................................ 1168, 1174, 1280, 1283, 1552, 1660
HB 1439--Oglethorpe County; Magistrate Court. ......................... 201, 205, 309, 310, 311, 312, 1573, 1866
HB 1440--Medicaid Fraud; exempt unintentional billing errors......... 530, 534, 936, 967, 1243, 1266

INDEX

2285

HB 1441--Municipal Courts of Consolidated Governments; jurisdiction. ....................................................... 961, 964, 1222, 1283, 1399, 1550, 1560, 1563, 1830, 1851
HB 1443--Spalding County; Board of Commissioners..................... 201, 205, 309, 311
HB 1444--Crabbing; commercial fishermen licensing. .................... 877, 880, 937, 967, 1186, 1211
HB 1448--Taxicab Self-insurers; asset requirements..................... 776, 780, 1281, 1283, 1719, 1755, 1940, 2044, 2065, 2122, 2193, 2214, 2228
HB 1450--Observances; Home Education Week........................... 777, 780, 1283, 1390, 1391, 1720, 1801
HB 1452--Counties of 550,000 or More; purchasing................... 1114, 1116, 1223, 1553, 1699
HB 1457--Cuthbert, City of; Mayor, Aldermen; elections................. 237, 240, 309, 311
HB 1460--Livestock Sold by 4-H Clubs and FFA Chapters; bond exemption. ......................................................... 505, 509, 712, 744, 820, 860
HB 1461--Government Motor Vehicles; identifying markings................ 1171, 1174 HB 1464--Ad Valorem; homestead exemptions; applicant filing
deadline......................................................... 1140, 1174, 1280, 1283, 1398, 1466
HB 1465--Bostwick, City of; new charter................................... 237, 240, 281, 283
HB 1467--Sales Tax; special county 1%; expenditures for voting equipment. ......................................................... 776, 780, 883, 938, 973, 1186, 1209
HB 1468--Danielsville, City of; new charter................................ 259, 261, 426, 427
HB 1470--Counties, Municipalities; roads, bridges; weight load limits...............................................................659, 662, 1391, 1721, 1823, 2139, 2197
HB 1474--Ad Valorem; homestead exemption; qualification; ownership.......................................................... 809, 814, 1063, 1119, 1243, 1246, 1534
HB 1485--City Business Improvement Districts; time period for existence........................................................... 809, 814, 1223, 1283, 1552, 1671, 1681, 2223
HB 1486--Counties, Municipalities; toll roads, bridges; contracts. .... 660, 662, 1282, 1283, 1399, 1550, 1555
HB 1490--Official State Peanut Monument. .............................. 877, 880, 1063, 1119, 1552, 1649
HB 1491--Dentistry, State Board; membership............................ 737, 741, 936, 967, 1552, 1650
HB 1496--Mortgage Broker Licensing; place of business................ 809, 814, 1013, 1064, 1720, 1794
HB 1498--Athens-Clarke County; Coroner; annual salary................ 276, 280, 333, 335

2286

JOURNAL OF THE SENATE

HB 1499--Privacy Invasion; certain public disclosure not required............................................................809, 814, 1222, 1283, 1720, 1814, 2219
HB 1502--House of Representatives; change description of certain districts. ............................................................ 359, 365, 712, 744, 782, 790, 806
HB 1503--Riceboro, City of; corporate limits............................... 276, 280, 333, 335
HB 1511--Public Employees Disclosing Fraud/Waste/Abuse; confidential identity. ............................................. 738, 741, 1223, 1283, 1720, 1821, 2229
HB 1513--Income Tax; credit; family caregiving expenses. ............. 877, 880, 1063, 1119, 1186, 1212
HB 1516--National Guard Members; education service cancelable loans. ............................................................... 737, 742, 816, 884, 943, 945, 947, 972, 996, 1217
HB 1518--Jackson County; County Funds; select depository............. 303, 308, 367, 369
HB 1520--Sales Tax for Education; proceeds distribution formula...... 505, 509, 744, 781, 1552, 1651, 1653
HB 1522--Intangible Recording Tax; collecting officer. .................. 961, 964, 1063, 1119, 1243, 1265, 1535
HB 1525--Manassas, City of; new charter.................................. 303, 308, 367, 369
HB 1527--Carroll County; Tax Commissioner; collect school taxes...... 303, 308, 367, 369
HB 1529--Elections; Plurality Vote Provisions; certain state officials.............................................................. 659, 663, 937, 967, 1185, 1190, 1196
HB 1532--Hunting Big Game; disabled persons; crossbow permit. .... 878, 880, 1015, 1064, 1293, 1296
HB 1533--Barrow County; Board of Commissioners; election districts. ............................................................ 303, 309, 571, 574
HB 1534--Barrow County; Board of Education; election districts. ..... 303, 309, 571, 574
HB 1535--Sales Tax Exemption; certain commercial printing. .......... 505, 509, 744, 781, 820, 858
HB 1538--License Plates; special; U.S. Disabled Athletes Fund......... 738, 742, 884, 938, 1185, 1186
HB 1540--Zoning Procedures; transfer of property development rights............................................................... 877, 880, 1223, 1283, 1399, 1551, 1574, 2221
HB 1542--Local Authorities; officers, employees; abuse of office. ...... 874, 881, 1390, 1391, 1721, 1838
HB 1543--LaGrange; Downtown Development Authority................. 327, 331, 426, 427
HB 1549--State Government; open and public meetings and records. ............................................................. 738, 742, 883, 938, 972, 999

INDEX

2287

HB 1550--Public School Facility Sites; county property; sale or disposition......................................................... 877, 881, 1222, 1283, 1552, 1661, 2220
HB 1551--Real Estate Transfer Tax; increase rate; remit Heritage Fund. ................................................ 1163, 1174, 1390, 1391, 1551, 1608, 1721, 1827, 1913, 1916
HB 1552--North Georgia College ROTC Students; scholarship grants. .............................................................877, 881, 1063, 1119, 1243, 1259
HB 1556--HOPE Grants, Scholarships; eligibility; Graduates in Year 2000....................................................... 1154, 1174, 1390, 1391, 1551, 1646
HB 1557--Local Government Authorities Registration................ 1169, 1175, 1391, 1552, 1670
HB 1559--Marion County; Board of Education. ........................... 358, 365, 536, 538
HB 1565--Venereal Diseases; chlamydia screening tests for females.............................................................. 810, 814, 937, 967, 1551, 1618, 1622
HB 1574--Quitman County; Water and Sewerage Authority............. 358, 365, 937, 941
HB 1576--Nonprofit Food Sales at Site of a Fair or Festival. .......... 931, 935, 1280, 1283, 1719, 1721, 2224
HB 1578--Retail Gasoline, Motor Fuel Sales; leaving premises without payment. ................................................ 776, 780, 1222, 1283, 1398, 1475
HB 1582--Rental Motor Vehicles; collection of excise tax. ............... 737, 742, 883, 938, 1398, 1400
HB 1585--Juveniles; court order removing from home................... 961, 964, 1390, 1391, 1719, 1759, 2220
HB 1592--Natural Resources; river basins; management plans. ............ 1057, 1060 HB 1593--Soil Erosion; buffer for trout waters, streams. .................... 1057, 1060 HB 1595--Columbus, City of; Municipal Court. ........................... 420, 424, 571,
574 HB 1596--Income Tax; jobs tax credit; carry-forward period............. 738, 742, 883,
938, 973, 1293, 1358, 1363, 2222 HB 1597--Woodville, City of; new charter. ................................. 504, 509, 664,
666 HB 1598--Greene County; Family Connection Commission. ............. 504, 509, 571,
574 HB 1601--Union Point, City of; corporate limits........................... 504, 509, 571,
574 HB 1603--Annexation by Local Act; effective date for tax
purposes. .......................................................... 960, 964, 1282, 1283, 1720, 1804, 2221
HB 1604--Housing Authorities; loitering prohibited; loans to private entities................................................. 1163, 1175, 1281, 1283, 1552, 1689, 2054, 2057, 2139, 2179, 2193, 2227
HB 1605--Carroll County; terms of State Court........................... 504, 509, 571, 575

2288

JOURNAL OF THE SENATE

HB 1608--Chatham County-Savannah School Taxes; homestead exemption. ......................................................... 504, 510, 571, 575
HB 1609--Albany, City of; Mayor and City Commissioners; terms...... 504, 510, 967, 969, 971, 1115
HB 1610--Decatur County; Board of Commissioners; compensation....................................................... 504, 510, 664, 667
HB 1611--Decatur County; State Court; judge, solicitor compensation....................................................... 504, 510, 664, 667
HB 1612--Dougherty County; Magistrate Court; magistrates appointment........................................................ 505, 510, 664, 667
HB 1613--Dougherty County; Probate Court; nonpartisan election.............................................................. 505, 510, 571, 575
HB 1614--Chehaw Park Authority; membership provisions..................... 529, 535 HB 1615--Dougherty County; Probate Court; annual salary. ............ 505, 510, 571,
575 HB 1617--Judicial Budget Administration Act; transfer functions. ............ 931, 935 HB 1618--Hagan, City of; City Council and Mayor; staggered
terms................................................................ 529, 535, 664, 667
HB 1619--Douglas, City of; City Commission.............................. 529, 535, 664, 667
HB 1620--Insurers; uninsured motorists; minimum coverage enforcement. ........................................................... 1056, 1060
HB 1621--Income Tax; credit; homes with handicap accessibility features. ........................................................... 960, 964, 1283, 1720, 1802
HB 1624--Hall County; Ad Valorem; school taxes; homestead exemption. ......................................................... 529, 535, 664, 667
HB 1629--Atlanta Urban Enterprise Zone Act; adding land to zones. ........................................................... 1380, 1387, 1541, 1544
HB 1630--Atlanta Urban Enterprise Zone Act; duration of zones. . 1055, 1060, 1703, 1705, 1707, 1709, 1920
HB 1631--Excise Taxes; hotel-motel levy to fund multipurpose domed stadium. ................................................... 737, 742, 883, 938, 972, 1000, 1003
HB 1632--Crisp County; Ad Valorem Taxes; homestead exemption. ......................................................... 529, 535, 664, 667
HB 1633--Fishing Tournaments; courtesy licenses; disabled veterans............................................................ 931, 935, 1015, 1064, 1721, 1832, 2220
HB 1634--Avondale Estates Development Authority; abolish............ 568, 569, 664, 668

INDEX

2289

HB 1636--Tattnall County; Board of Education. .......................... 568, 569, 713, 714
HB 1639--Stalking; convictions; sentencing; permanent restraining orders. ............................................ 1154, 1175, 1390, 1391, 1551, 1640, 1644, 1839, 1908
HB 1640--Wildlife Endowment Fund; establish; Lifetime Sportsman's License fees. ....................................... 877, 881, 1222, 1283, 1552, 1654, 2222
HB 1641--Voluntary Health Care Services; liability immunity. ..... 1056, 1060, 1281, 1283, 1399, 1504, 1506, 2222
HB 1642--Courts; j'udicial assistance; senior j'udges appointment. .... 960, 965, 1222, 1283, 1398, 1478, 1480, 1550, 1553, 2223
HB 1646--Savannah, City of; corporate limits. ............................ 708, 711, 937, 941
HB 1650--State Government Service Delivery; regional boundaries...................................................... 1171, 1175, 1541, 1719, 1726, 2229
HB 1653--Coweta County; School District Ad Valorem Taxes. .......... 658, 663, 744, 746
HB 1654--Sex Education Instruction; legal consequences of parenthood. .................................................... 1154, 1175, 1280, 1283, 1552, 1659
HB 1656--Sales Tax; exemption; blood glucose measuring strips; grass sod; scout sales; ad inserts; victim caskets.............. 738, 743, 883, 938, 1243, 1266
HB 1658--Garden City, City of; corporate limits. ......................... 658, 663, 817, 818
HB 1660--Sales Tax; reporting cash and credit sales; bad credit card debt. ...................................................... 1170, 1175, 1280, 1283, 1398, 1490
HB 1664--Georgia Commission on the Holocaust; creation. ......... 1140, 1176, 1282, 1283, 1552, 1670
HB 1666--Public Works Contracts; security; withdrawing bid without forfeiture.............................................. 1154, 1176, 1282, 1283, 1719, 1790
HB 1667--Income Tax; jobs tax credit; port exports creating jobs. . 1057, 1061, 1118, 1181, 1243, 1260, 1832, 1910
HB 1668--Gilmer County; Board of Commissioners....................... 658, 663, 744, 746
HB 1669--Harris County; Board of Education. ............................ 658, 663, 744, 746
HB 1670--LaGrange, City of; City Council................................ 708, 711, 1921, 1925
HB 1671--Cherokee County; Ad Valorem; homestead exemption........ 658, 663, 744, 746
HB 1674--Atlanta Judicial Circuit; Fulton County Family Court. . 1057, 1061, 1222, 1283, 1552, 1664
HB 1677--Duluth, City of; Mayor and Council; election; terms.......... 658, 663, 744, 747

2290

JOURNAL OF THE SENATE

HB 1683--Used Vehicles Offered for Sale; title, registration requirement. ................................................... 1070, 1116, 1280, 1283, 1552, 1665
HB 1684--Tyrone, Town of; Mayor and Council. ...................... 1380, 1387, 1921, 1925
HB 1687--Insurance; group life plans; employees premium payments. ...................................................... 1007, 1011, 1221, 1283, 1719, 1746
HB 1688--Ocilla, City of; Councilmembers; time for election. ........... 736, 743, 817, 818
HB 1689--Carrollton, City of; Ad Valorem school taxes; homestead exemption. ............................................ 808, 814, 937, 941
HB 1690--Carroll County; Ad Valorem school taxes; homestead exemption. ......................................................... 808, 815, 937, 941
HB 1691--Bloomingdale, City of; Municipal corporate limits. ........... 736, 743, 937, 942
HB 1692--Garden City; Referendum Question......................... 1007, 1011, 1118, 1121
HB 1693--Wrongful Death Actions; amount recovered................ 1006, 1011, 1281, 1283, 1719, 1789
HB 1694--Cobb County; State Court; judges; compensation. ............ 736, 743, 817, 818
HB 1695--Habersham County; Board of Commissioners. ................ 736, 743, 817, 819
HB 1696--Property; mechanics and materialmen liens. .............. 1006, 1011, 1222, 1283, 1720, 1808, 2223
HB 1697--Atlanta-Fulton County Recreation Authority; chief executive....................................................................... 1844
HB 1699--Lowndes County; Board of Commissioners..................... 736, 743, 817, 819
HB 1701--Cartersville, City of; Public School Tax Levy. ................. 808, 815, 937, 942
HB 1702--House of Representatives; change Districts 84 and 87. ......... 1171, 1176 HB 1707--Motor Vehicle Emission Standards; compliance Clean
Air Act.......................................................... 1007, 1011, 1222, 1283, 1721, 1836, 2219
HB 1710--Fulton County; municipal community improvement districts. ........................................................ 1380, 1387, 1541, 1545
HB 1717--Deprived Children; finding causal relationship; drugs or alcohol. ...................................................... 1170, 1176, 1390, 1391, 1720, 1792
HB 1721--Rockdale County; Board of Commissioner...................... 808, 815, 937, 942
HB 1723--Stone Mountain Judicial Circuit; superior court. ......... 1529, 1536, 1703, 1705

INDEX

2291

HB 1725--Cobb County; State Court; solicitor-general; compensation....................................................... 808, 815, 967, 970
HB 1728--Cobb County; Tax Commissioner; personnel; compensation...................................................... 808, 815, 1391, 1393
HB 1730--Civil Actions Against Judicial Officers Arising Performance of Duty. ............................................ 961, 965, 1390, 1391, 1721, 1827, 1923, 1955, 2031, 2046, 2123, 2226
HB 1731--Cobb Judicial Circuit; superior court; judges; salary supplement ....................................................... 960, 965, 1281, 1283, 1399, 1551, 1573
HB 1732--Folkston, City of; corporate limits............................... 876, 881, 967, 970
HB 1733--Homeland, City of; corporate limits............................. 876, 881, 967, 970
HB 1734--Catoosa County Public Works Authority.................... 1556, 1572, 1921, 1925
HB 1735--Dublin, City of; Board of Education............................. 876, 881, 967, 970
HB 1736--Floyd County; Ad Valorem; school taxes; homestead exemption. ......................................................... 876, 882, 967, 970
HB 1737--Rome and Floyd County Consolidation; advisory referendum election. ............................................. 876, 882, 1541, 1545, 1546, 1548, 1612, 1864
HB 1742--Stillmore, City of in Emanuel County; new charter........... 876, 882, 967, 970
HB 1744--Cobb County; Sheriff; personnel; compensation. .............. 876, 882, 967, 970
HB 1746--Jones County; Board of Commissioners. ...................... 930, 935, 1118, 1121
HB 1747--Public Roads; surveying, right of way deed preparation..................................................... 1006, 1011, 1282, 1283, 1720, 1812, 1940
HB 1748--Cherokee County Community Improvement Districts. ...... 930, 936, 1015, 1017
HB 1754--Cobb Judicial Circuit; superior court; personnel; salary..... 959, 965, 1391, 1393
HB 1756--Metter-Candler County Airport Authority; terms of members........................................................... 959, 965, 1064, 1066
HB 1757--Lincoln County; Board of Education. .......................... 959, 965, 1064, 1066
HB 1758--Heard County; Board of Commissioners....................... 959, 966, 1118, 1121
HB 1759--Pooler, City of; Mayor and Aldermen.......................... 959, 966, 1064, 1066
HB 1760--Carroll County Family Connection Authority. ................ 959, 966, 1064, 1066, 1393, 1396, 1398, 1702

2292

JOURNAL OF THE SENATE

HB 1761--Cobb County; Probate Court; judge, clerk; compensation...................................................... 959, 966, 1064, 1067
HB 1762--Stockbridge, City of; corporate boundaries. ................... 960, 966, 1064, 1067
HB 1763--Dublin-Laurens County Commission on Children, Youth and Families Act.......................................... 960, 966, 1064, 1067
HB 1764--Carroll County; State Court; office of full-time solicitor..... 960, 966, 1064, 1067
HB 1767--Barrow County; Ad Valorem Taxes; homestead exemption. ........................................................ 960, 966, 1064, 1067
HB 1768--Winder, City of; Public Facilities Authority. .................. 960, 966, 1064, 1067
HB 1772--Jefferson County; Board of Commissioners. ............... 1005, 1012, 1064, 1067, 1068, 1069, 1216
HB 1773--Bartow County; Superior Court Clerk; compensation........ 960, 967, 1064, 1068
HB 1774--OCGA; general provisions; classes of persons; define gender................................................................... 1167, 1176
HB 1777--Seminole County; county surveyor; abolish elected office. ........................................................... 1005, 1012, 1703, 1705
HB 1779--Seminole County; Board of Education; nonpartisan elections. ............................................................... 1005, 1012
HB 1780-^Jones County; Sheriff. ........................................ 1005, 1012, 1118, 1121
HB 1781--Jones County; Probate Court; judge; compensation....... 1005, 1012, 1118, 1122
HB 1782--Jones County; Tax Commissioner; compensation.......... 1005, 1012, 1118, 1122
HB 1783^Jones County; Superior Court Clerk; travel expenses. ... 1005, 1012, 1118, 1122
HB 1784--Sales Tax; unidentifiable proceeds; distribution. .......... 1115, 1116, 1280, 1283, 1551, 1616, 1617
HB 1790--Newton County; Board of Elections and Registration; create. .......................................................... 1006, 1013, 1118, 1122
HB 1792--Barrow County; Board of Commissioners; compensation................................................... 1055, 1061, 1223, 1286, 1287, 1290, 1291, 1292
HB 1793--Sumter County; Board of Education; nonpartisan elections. ....................................................... 1055, 1061, 1181, 1184
HB 1794--Madison County; Type of Governing Authority............ 1114, 1117, 1223, 1225
HB 1796--Webster County; Board of Education; election districts. . 1114, 1117, 1391, 1394

INDEX

2293

HB 1798--Essential Rural Health Care Provider Access Act. ............... 1168, 1176 HB 1801--Chatham County; Coroner; compensation.................. 1055, 1061, 1181,
1184 HB 1803--Atlanta-Fulton County Recreation Authority;
additional members. .................................................. 1529, 1536 HB 1806--Gwinnett County; Public Employment, Education or
Contracts. .............................................................. 1138, 1176 HB 1807--Dalton, City of; Ad Valorem; homestead exemption....... 1114, 1117, 1223,
1225 HB 1809--Liberty County; Officers Prohibited Compensation
Other Than Salary. ........................................... 1056, 1061, 1181, 1184
HB 1810--Liberty County; Tax Commissioner; salary................. 1056, 1061, 1181, 1184
HB 1811--Chatham-Savannah Authority for the Homeless; membership. ................................................... 1114, 1117, 1223, 1225, 1227, 1230, 1386
HB 1814--Smyrna, City of; corporate limits............................ 1114, 1117, 1703, 1705
HB 1815--Emanuel County Jail Authority Act. ....................... 1115, 1117, 1223, 1226
HB 1817--Hart County; Industrial Development Authority. ......... 1115, 1117, 1223, 1226
HB 1818--Bulloch County; State Court................................. 1115, 1118, 1223, 1226
HB 1820--Hancock County; Board of Commissioners. ................ 1115, 1118, 1223, 1226
HB 1821--Gwinnett County; Merit System Board............................. 1138, 1177 HB 1822--Troup County; Board of Commissioners.................... 1138, 1177, 1223,
1226, 1229, 1230 HB 1823--Baldwin County; Tax Commissioner. ............................... 1138, 1177 HB 1824--Sparks, Town of; Mayor and Council. ...................... 1138, 1177, 1223,
1226 HB 1826--Liberty County; Ad Valorem Tax; homestead
exemption. ..................................................... 1138, 1177, 1282, 1286
HB 1827--Liberty County; Ad Valorem Taxes; homestead exemption. ..................................................... 1139, 1177, 1282, 1286
HB 1828--Liberty County; Ad Valorem; school taxes; homestead exemption. ..................................................... 1139, 1178, 1282, 1286
HB 1829--Auburn, City of; Dissolution of City Charter. ............. 1139, 1178, 1223, 1226
HB 1830--Fannin County; Ad Valorem; school taxes; homestead exemption. ..................................................... 1139, 1178, 1223, 1227
HB 1831--Pike County; Board of Commissioners; county manager appointment.................................................... 1139, 1178, 1223, 1227

2294

JOURNAL OF THE SENATE

HB 1832--Pike County; Probate Court; nonpartisan elections. ...... 1139, 1178, 1223, 1227
HB 1833--Lumpkin County; Magistrate Court; chief magistrate salary............................................................ 1139, 1178, 1391, 1394
HB 1834--Cobb County-Marietta Water Authority; change membership. ........................................................... 1139, 1178
HB 1835--Valdosta, City of; expand corporate limits.................. 1276, 1279, 1541, 1545
HB 1836--Chattooga County; Ad Valorem; school taxes; homestead exemption. ........................................ 1213, 1218, 1391, 1394
HB 1837--DeKalb Memorial Stadium Authority Act; repeal......... 1213, 1218, 1921, 1925
HB 1839--Kennesaw, City of; corporate limits......................... 1213, 1218, 1541, 1545
HB 1840--Northeastern Judicial Circuit; superior court; judges; salary............................................................ 1529, 1536, 1921, 1926
HB 1841--Northeastern Judicial Circuit; district attorney; salary. . 1213, 1218, 1391, 1394
HB 1842--Madison County; salary supplement for certain county officers. ......................................................... 1213, 1218, 1541, 1545
HB 1843--Lee County; Magistrate Court; chief magistrate election.......................................................... 1213, 1219, 1391, 1394
HB 1844--Lee County; Probate Court Judge; nonpartisan election.......................................................... 1213, 1219, 1391, 1394
HB 1845--Lee County; Magistrate Court; law library fees. .......... 1214, 1219, 1391, 1394
HB 1846--Macon County; Board of Education; election districts. ... 1214, 1219, 1391, 1395
HB 1847--Lee County Utilities Authority; compensation of members........................................................ 1214, 1219, 1391, 1395
HB 1849--Macon-Bibb County Joint Board of Health; repeal upon referendum..................................................... 1214, 1219, 1391, 1395
HB 1850--Bremen-Haralson County Hospital Authority; membership. ................................................... 1214, 1219, 1391, 1395
HB 1851--Waco, Town of; corporate limits. ............................ 1214, 1219, 1391, 1395
HB 1852--Twiggs County; superior court; office of clerk; compensation........................................................... 1214, 1219
HB 1853--Twiggs County; Coroner; compensation............................. 1214, 1220 HB 1854--Twiggs County; Magistrate Court; chief magistrate;
compensation........................................................... 1214, 1220

INDEX

2295

HB 1855--Twiggs County; Board of Commissioners; compensation........................................................... 1214, 1220
HB 1856--Twiggs County; Sheriff and Employees; compensation. ......... 1214, 1220 HB 1857--Twiggs County; Tax Commissioner and Employees;
compensation........................................................... 1215, 1220 HB 1858--Twiggs County; Probate Court; judge, employees;
compensation........................................................... 1215, 1220 HB 1859--Poulan, City of; new charter. ................................ 1215, 1220, 1391,
1395 HB 1860--Jasper County; Board of Education; election districts. ... 1215, 1220, 1541,
1545 HB 1861--Monroe County; Coroner; salary............................. 1215, 1221, 1391,
1395 HB 1862--Jasper County; ad valorem taxes; homestead
exemption. ..................................................... 1215, 1221, 1541, 1545
HB 1863--Donalsonville, City of; city council districts................ 1276, 1279, 1541, 1546, 1548
HB 1867--Gwinnett County; Juvenile Court; judge; compensation.......... 1380, 1387 HB 1868--Gwinnett County; Magistrate Court; chief magistrate
compensation........................................................... 1380, 1388 HB 1869--Gwinnett County; Certain Officers; compensation. ............... 1380, 1388 HB 1870--Gwinnett County; State Court; judges, solicitor;
compensation........................................................... 1381, 1388 HB 1871--Gwinnett County; Recorder's Court; judges, clerk,
solicitor.................................................................. 1381, 1388 HB 1873--Fort Gaines, City of; new charter. .......................... 1276, 1279, 1703,
1706 HB 1874--Gwinnett County; Hospital Authority; vacancies.......... 1276, 1279, 1541,
1546 HB 1875--Cobb County; State Court; clerk, chief deputy; salary. ... 1381, 1388, 1921,
1930 HB 1876--Upson County; Water and Sewerage Authority............ 1381, 1388, 1921,
1926 HB 1877--Cobb County; Superior Court Deputy Clerk; salary....... 1381, 1388, 1921,
1926 HB 1882--Geneva, City of; new charter................................. 1381, 1389, 1703,
1706 HB 1883--Acworth, City of; corporate limits. .......................... 1381, 1389, 1921,
1926 HB 1884--Mclntosh County; Board of Education...................... 1381, 1389, 1921,
1926, 1930, 1934, 2219 HB 1887--Dallas, City of; City Attorney and Assistant, City
Clerk, Police Chief and Judges. ............................. 1381, 1389, 1703, 1706
HB 1889--Jefferson County; State Court; solicitor-general; salary. . 1381, 1389, 1703, 1706
HB 1890--Jefferson County; State Court; judge; compensation...... 1382, 1389, 1703, 1706

2296

JOURNAL OF THE SENATE

HB 1891--Bremen, City of; Municipal Court; jurisdiction. ........... 1382, 1389, 1703, 1706
HB 1892--Cohutta, City of; corporate limits. .......................... 1382, 1389, 1703, 1706
HB 1894--Blue Ridge Judicial Circuit; superior court; judges; supplement..................................................... 1529, 1536, 1921, 1926
HB 1895--Madison County; Board of Commissioners; compensation................................................... 1530, 1537, 1921, 1926
HB 1896--Norman Park, City of; Mayor and Councilmembers; terms............................................................ 1530, 1537, 1921, 1927
HB 1897--Bryan County; Probate Court; judge; compensation. ..... 1530, 1537, 1921, 1927
HB 1900--Woodstock, City of; Mayor and Councilmembers; additional member............................................. 1530, 1537, 1921, 1927
HB 1901--Stephens County; Board of Commissioners; compensation................................................... 1382, 1389, 1703, 1706
HB 1902--White County; Advisory Referendum on Land Use Regulations..................................................... 1530, 1537, 1921, 1927
HB 1904--Greene County; Board of Commissioners; vacancies; county manager................................................ 1530, 1537, 1921, 1927
HB 1905--Catoosa County; Board of Commissioners; compensation................................................... 1530, 1537, 1921, 1927
HB 1906--Cobb County; Board of Education; election districts.............. 1530, 1538 HB 1908--Telfair-Wheeler Airport Authority Act...................... 1531, 1538, 1921,
1928 HB 1909--Monticello, City of; corporate limits......................... 1531, 1538, 1921,
1928 HB 1910--Tyrone, Town of; Advisory Referendum; Type of
Government. ................................................... 1531, 1538, 1921, 1928
HB 1911--Lithia Springs, City of; corporate limits............................ 1531, 1538 HB 1912--Dade County; Ad Valorem Taxes; homestead
exemption. ..................................................... 1531, 1538, 1921, 1928
HB 1913--Dawson County; Board of Elections and Registration; create. .......................................................... 1531, 1538, 1921, 1928, 1930, 1934, 2219
HB 1914--Meriwether County; Probate Court; judge serve as Chief Magistrate....................................................... 1531, 1538
HB 1915--Columbia County; Coroner; compensation.................. 1531, 1539, 1703, 1707, 1709, 1940, 1960

INDEX

2297

HB 1916--Ware County; Ad Valorem; school taxes; homestead exemption. ..................................................... 1531, 1539, 1921, 1928
HB 1917--Ware County; Ad Valorem; county taxes; homestead exemption. ..................................................... 1531, 1539, 1921, 1928
HB 1918--Waycross, City of; ad valorem; homestead exemption. ... 1531, 1539, 1921, 1928
HB 1919--Catoosa County; Board of Utilities Commissioners; powers. ......................................................... 1532, 1539, 1921, 1929
HB 1920--Walker County; ad valorem taxes; homestead exemption. ..................................................... 1532, 1539, 1921, 1929
HB 1921--Chickamauga; ad valorem school tax; homestead exemption. ..................................................... 1532, 1539, 1921, 1929
HB 1922--Walker County; ad valorem; school taxes; homestead exemption. ..................................................... 1532, 1540, 1921, 1929
HB 1923--Bacon County; State Court; creation........................ 1532, 1540, 1921, 1929, 1930, 1934, 2222
HB 1924--Gwinnett County; Public Health Funds; prohibited expenditures............................................................ 1532, 1540
HB 1925--Ellijay-Gilmer County Water and Sewerage Authority; membership. ................................................... 1556, 1572, 1921, 1930
HB 1926--Sugar Hill, City of; corporate limits. ....................... 1556, 1572, 1921, 1929

2298

JOURNAL OF THE SENATE

HOUSE RESOLUTIONS

HE 215--Designate; George W. Ross Highway; City of Eton; Murray County...............................................................25, 33
HR 292--Designate; Lacoda Trail Memorial Parkway................... 360, 366, 1064, 1119, 1709
HR 298--Brook Run Mental Health Facility; commend; urge continued funding. ............................................ No action in 1998
HR 464--Joint Georgia Transportation Study Committee........... No action in 1998 HR 726--General Assembly Convened January 12; notify
Governor........................................................................ 2, 5 HR 727--General Assembly; Joint Session; message from
Governor................................................................2, 5, 37, 38 HR 728--General Assembly; Joint Session; message from
Governor.................................................................... 2, 5, 68 HR 729--General Assembly; Joint Session; invite Supreme Court
Justices and Appellate Judges............................................... 2, 5 HR 730--General Assembly; Joint Session; message from Chief
Justice Robert Benham................................................... 3, 5, 82 HR 733--Claims Against the State; Guy's Automotive. ............. 1168, 1178, 1280,
1283, 1549 HR 741--Designate; Reddish-Warren Bypass. ............................ 238, 240, 367,
426, 577, 671, 697 HR 742--Blue Ribbon Commission on State Government
Facilities. ..........................................................660, 664, 1390, 1391, 1551, 1611
HR 751--Ashley, Jane; commend.....................................................34, 54 HR 778--Property Conveyance; quitclaim; Tift County
Development Authority. .......................................... 328, 331, 511, 536, 749, 772
HR 782--Claims Against the State; Ann C. Bennett. ............... 1169, 1178, 1280, 1283, 1549
HR 783--Claims against the State; George Cox...................... 1169, 1179, 1280, 1283, 1549
HR 784--Claims Against the State; E. C. Fogg III................... 1168, 1179, 1280, 1283, 1549
HR 785--Claims Against the State; Ronnie Cox. .................... 1169, 1179, 1280, 1283, 1549
HR 786--Claims Against the State; Jimmy W. Harrell.............. 1169, 1179, 1280, 1283, 1549
HR 787--Claims Against the State; R. G. Heard..................... 1169, 1179, 1280, 1283, 1549
HR 788--Claims Against the State; Emma Lee Byrd................ 1169, 1179, 1280, 1283, 1549
HR 789--Claims Against the State; James A. Hayes. ............... 1169, 1179, 1280, 1283, 1549
HR 790--Claims Against the State; Tom Bradbury. ................. 1169, 1179, 1280, 1283, 1549

INDEX

2299

HE 810--General Assembly; Adjournment; January 16 to January 26. ........................................................... 69, 81, 180, 302, 528, 775
HR 812--Designate; Dewey D. Rush Highway; Clinton Oliver Highway; Romie Waters Highway. ............................. 360, 366, 1064, 1119, 1398, 1462, 2224
HR 813--Designate; George T. Smith Highway. .......................... 202, 206, 367, 426, 577, 671, 697, 2224
HR 825--Property Conveyances; Franklin, Bibb, Richmond Counties. ........................................................... 421, 424, 744, 781, 1293, 1313, 2224
HR 829--Property Conveyance; improve Clinton Road, Bibb County. ....................................................................531, 535
HR 837--Claims Against the State; Wanda Torbert. ................ 1169, 1179, 1280, 1283, 1549
HR 842--Fire Ants; eradication of red imported fire ant................ 531, 535, 712, 744, 783, 805
HR 843--Tomato Spotted Wilt Virus; urge federal funds for eradication.......................................................... 531, 535, 712, 744, 783, 801
HR 844--Designate; Vickie E. Bell Memorial Bridge. ................... 238, 240, 262, 281, 313, 317
HR 847--Designate; David P. Ridgeway Bridge.......................... 878, 882, 1282, 1283, 1709
HR 856--Federal Crop Insurance Program; urge protect farmers against losses. ..................................................... 421, 425, 712, 744, 1721, 1840
HR 861--Claims Against the State; Meredith B. Chandler. ........ 1169, 1179, 1280, 1283, 1549
HR 866--Claims Against the State; Loretta Cummings............. 1169, 1179, 1280, 1283, 1549
HR 867--Douglas Lions Club; honoring. ......................................... 145, 150 HR 931--Designate; The Captain Bobbie Brown Highway. ......... 1058, 1062, 1391,
1709 HR 935--Property Conveyances; Cobb, Gwinnett, Gordon and
Paulding Counties................................................. 531, 536, 744, 781, 820, 861, 1535
HR 954--Designate; W. W. Fincher, Jr. Parkway. ....................... 660, 664, 1064, 1119, 1709
HR 955--Designate; Gerald H. Leonard Parkway. ...................... 660, 664, 1064, 1119, 1709
HR 956--Claims Against the State; Henry Elroy Griffis. ........... 1168, 1179, 1280, 1283, 1549
HR 973--Jesup Police and Wayne County Sheriffs Department; commend. .................................................................238, 243
HR 994--Designate; Glenn Gooch By-Pass, East of Blairsville. .... 1008, 1013, 1282, 1283, 1709
HR 996--Designate; Pete Wheeler Georgia War Veterans Memorial Plaza................................................... 506, 511, 1063, 1119

2300

JOURNAL OF THE SENATE

HR 998--Commission, 250th Anniversary, Representative Assembly in Georgia. ............................................ 421, 425, 1222, 1293, 1364
HR 1000--Stroke Awareness and Impact on Citizens, Joint Study Committee...................................................... 1058, 1062, 1222, 1714
HR 1002--Lottery for Education Proceeds; specify purposes; amend Constitution. ............................................. 932, 936, 1221, 1283
HR 1004--Ivory Coast, West African Country; declare as sister state................................................................506, 511, 1118, 1181, 1553, 1690
HR 1024--Claims Against the State; Harold I. Brown................ 1169, 1180, 1280, 1283, 1549
HR 1029--Designate; Donald Ridley Bridge............................... 962, 967, 1282, 1283, 1709
HR 1031--Designate; George B. Culpepper Highway..................... 777, 780, 1064, 1119, 1186, 1200
HR 1033--Dent, Jerrylyn G. Griffin Walker; 90th birthday; commend. ................................................................. 360, 368
HR 1034--Designate; William Jackson Moogie Lee Highway............ 739, 743, 1282, 1283, 1398, 1477
HR 1035--General Assembly; convening special veto consideration . sessions. ................................................................ 1171, 1180
HR 1054--Designate; Lauren McDonald Parkway; Veterans' Memorial Parkway................................................ 777, 781, 1282, 1283, 1709
HR 1055--Claims Against the State; Ailerua A. Newsome Crawford........................................................ 1169, 1180, 1280, 1283, 1549
HR 1064--Designate; Reverend Joseph Edward Grizzle Bridge......... 810, 815, 1282, 1283, 1709
HR 1066--Joint Highway Safety Study Committee.................... 1058, 1062, 1222, 1293, 1297
HR 1067--Freedom Parkway; lease right-of-way for park, paths, trails. ............................................................... 777, 781, 883, 938, 1186, 1201, 1535
HR 1075--Great Jubilee Year, 2000th Anniversary of Birth of Jesus Christ............................................................... 531, 538
HR 1092--Designate; Pearl Harbor Memorial Highway............... 1058, 1062, 1391, 1709
HR 1095--Designate; Roscoe Collins Drive. ............................ 1170, 1180, 1391, 1709
HR 1097--Designate; Davis Love III Highway. ........................ 1058, 1062, 1282, 1283, 1710
HR 1100--Regional Transportation Plan by Atlanta Regional Commission; support.................................................. 1918, 1920
HR 1101--Designate; C. W. Bradley Highway.......................... 1058, 1062, 1282, 1283, 1710

INDEX

2301

HR 1102--Designate; Charles A. Pannell, Sr. Highway. .............. 1058, 1062, 1282, 1283, 1710
HR 1106--Designate; naming several highways, bridges to honor citizens.......................................................... 1155, 1180, 1282, 1283, 1710, 1711, 2122, 2132
HR 1111--Designate; Matthew A. Towery Bridge. .................... 1008, 1013, 1064, 1119, 1293, 1298, 2224
HR 1142--Claims Against the State; Henry C. Batson. .............. 1169, 1180, 1280, 1283, 1549, 1550
HR 1154--Designate; Don Saggus, Jr. Memorial Bridge.............. 1008, 1013, 1282, 1283, 1710
HR 1155--International Building Safety Week; proclaim................ 810, 882, 1223, 1283, 1924
HR 1165--General Assembly; Recess Schedule; adjourn sine die March 19. .......................................................... 807, 822, 875, 958, 1054, 1180, 1275, 1528, 1700, 2230
HR 1185--The A-B-C's for Georgia's Children to Learn to Read; commend. ................................................................. 932, 940
HR 1187--Property Conveyance; relocating DHR Office facilities; Savannah....................................................... 1168, 1180, 1390, 1391, 1721, 1841
HR 1278--Health Plans Sponsored by Associations, Multiple Employer Welfare Arrangements; opposing exempt state insurance oversight............................................. 1820, 1920
HR 1342--Sergeant J. D. "Eddie" Miles Bridge, Bacon County; honorary name......................................................... 1702, 1704
HR 1350--McDonald, the Late Congressman Larry; gratitude for. ......... 1702, 1704

INDEX

2303

PART III
ALPHABETIC INDEX--1998 SESSION
A
AARON, HENRY; Atlanta Braves Baseball Field; urge name to honor.................... SR 77
ABBOTT, B.P.; commend...............................................................................................SR 711
ABERNATHY, SENATOR RALPH DAVID District 38; censure for misconduct actions............................................................. SR 459 Relating to censure.................................................................................................... Page 22
ABNEY, WILLIAM "BILLY" SHAW; designate highway; Walker County.............HR 1106
ABORTION Offense of Feticide by a Pregnant Woman; self-inflicted injury............................ SB 405 Prohibited Procedure; partial-birth abortion method.............................................. SB 123 Prohibited Procedure; partial-birth abortion method; penalties............................ SB 348 Woman's Informed Consent Act................................................................................ SB 699 Woman's Right to Know Act; applicability of Medical Consent Law.................... SB 216 Woman's Right to Know Act; voluntary and informed consent............................. SB 153
ACADEMIC RECOGNITION DAY, UNIVERSITY SYSTEM SCHOLARS.............. SR 787
ACWORTH, CITY OF; change corporate limits........................................................HB 1883
AD VALOREM TAX (Also See Revenue and Taxation and Homestead Exemption) Appraisal; property; purchase price value upon owner's acquisition.................... SR 558 Assessment, Appraisals; freeze existing residential property values.................... SR 472 Assessment Notices; refund taxes when difference between assessed value and lower sales price ................................................................................................................ SB 529 Assessment; preferential or current use; property devoted agriculture, conservation use or residential transitional .............................................................................HB 1189 Assessments; Conservation Use Property; penalties not applicable ...................HB 1365 Automobile Taxation; joint committee to study simpler methods.........................SR 271 Automobile Taxation; Senate committee to study simpler methods..................... SR 272 Delinquent Taxes; distribution; penalties and interest collected.........................HB 1178 Exemption; all livestock............................................................................................. SB 419 Exemption; commercial printing performed for a nonresident person ...............HB 1535 Exemption; family owned qualified farm, nursery products, livestock...............HB 1350 Exemption; homestead property for full value; persons age 70............................ SB 550 Exemption; homestead property; senior citizens; referendum...............................SB 663 Exemption; homestead property; surviving spouses age 65 or over..................... SB 626 Exemption; properties owned by religious organizations; referendum ...............HB 1388 Exemption; vehicles leased to disabled veterans .................................................... SB 489 Exemption; vehicles owned by former prisoners of war; referendum.................HB 1145 Freeport Exemption; grain, peanuts, oil seeds, cotton processing ......................HB 1178 Homestead Exemption; applicant filing deadlines................................................HB 1464 Homestead Exemption; person absent from home due to health reasons .........HB 1174 Homestead Exemption; qualifications; ownership; recording of deed.................HB 1474 Motor Vehicles; heavy-duty equipment; separate subclass of property ..............HB 1324
Refer to numerical index for page numbers

2304

JOURNAL OF THE SENATE

AD VALOREM TAX (Continued) Motor Vehicles Subject Taxation Specified by General Assembly......................... SR 132 Motor Vehicles Subject to Taxation; transfers of licenses, plates ......................... SB 115 Property Proposed for Annexation; effective date; zoning objections..................HB 1603 Property Tax Equity, Differing Exemptions; committee to study......................... SR 274 Property Taxes; equity in taxation; joint committee to study............................... SR 275 Tangible Property; eliminate state tax except in a state emergency.................... SR 541 Tax Assessors Revisions of Returns; completion by July 1.................................... SB 137 Tax Executions; amount due less than $5.; statute of limitations......................HB 1368 Tax Executions; selling and transferring in lot blocks...........................................HB 185 Taxpayer Refund; unappropriated surplus funds in state treasury...................... SR 533
ADAMS CAB COMPANY; commend............................................................................ SR 813
ADAMS, DR. MICHAEL F.; new UGA President; recognize..................................... SR 464
ADAMS, JETTY; commend...................................!....................................................... SR 838
ADJOURNMENT General Assembly; adjourn on Fridays, reconvene on Mondays; January 16 to January 26......................................................................................HR 810 General Assembly Schedule; recess on Wednesdays, Sine Die March 19 ..........HR 1165
ADMINISTRATPTE PROCEDURE ACT; Review of Orders Enforcing Air Pollution Controls; vehicle emissions......................................................................................HB 1707
ADMINISTRATIVE SERVICES DEPARTMENT Duties; ensure compliance; waste-water privatization contracts.........................HB 1163 Judicial Budget Administration; transfer certain functions ................................HB 1617 Management of Child Support Recovery Registry; employer reports.................HB 1307 Projects Requiring Professional Services; bids; selection process.......................... SB 437 Property Leases; local government buildings; construction contracts.....................HB 32 State Purchasing; recycled paper products; reduce paper usage........................... SB 255
ADOPTION Children Placed in Foster Care Due to Certain Judicial Findings; placement in a safe setting; adoption or legal guardianship..............................................................HB 1585 Financial Assistance to Families Adopting Hard-to-Place Children....................... SB 24 Health Insurance Coverage of Adopted Children; effective date........................... SB 665 Petitions; revise documents relating biological mother, father.............................. SB 571 Termination of Parental Rights; child placement resources; unlawful inducements; mother's affidavit...................................................................................................... SB 27 Who May Adopt a Child; individuals or legally married couples......................... SB 434
ADVERTISING (Also See News Media, Commerce or Billboards) Advertising Prices of Alcoholic Beverages; dealer signs...........................................SB 52 Computer Bulletin Boards, Web Sites, Home Pages Containing Pornographic or Obscene Materials; prohibit appealing to minors................................................ SB 312 Judicial Sales; legal advertisements; property description ..................................HB 1406 Outdoor Advertising Signs; change certain location restrictions.........................HB 1304 Outdoor Displays; tree trimming permit fees to fund Roadside Enhancement and Beautification Fund ................................................................................................ SR 559 Outdoor Displays; tree trimming permits; Roadside Enhancement and Beautification Fund; Citizens Advisory Council...........................................................................SB 337
Refer to numerical index for page numbers

INDEX

2305

ADVERTISING (Continued) Outdoor Lighting Applications; regulate misdirected light, sky glow................... SB 329 Printed Advertising Through Newspaper Inserts; exempt sales tax..................HB 1656 Rental Companies; false advertising of vehicle rental rates ................................. SB 621 Tobacco Companies; denouncing deliberate ads to appeal to minors ................... SR 703 Used Vehicles Parked, Displayed for Sale; deceptive practices...........................HB 1683
AFRICAN AMERICAN BUSINESS ENTERPRISE DAY; proclaim.......................... SR 491
AFRICAN AMERICAN ENTREPRENEURS; recognizing......................................... SR 618
AGED (See Elderly)
AGRICULTURE Ad Valorem; preferential tax assessment; agricultural use property .................HB 1189 Ad Valorem Tax Exemption; livestock, farm crops, nursery plants and trees, Christmas Trees ....................................................................................................HB 1350 Ad Valorem Taxation; exemption; all livestock ....................................................... SB 419 Agricultural Commodity Commission for Peanuts; overview committee..............SB 365 Commissioner; elected by majority of votes casts; procedures ..............................SB 454 Commissioner; election by plurality vote...............................................................HB 1529 Commissioner; subpoena powers; books, records of licensees................................ SB 102 Cotton Growers; Boll Weevil Eradication Program; assessments........................HB 1242 Cotton Warehousing and Marketing Study Committee.......................................... SR 786 Crop Production Losses; urge disaster assistance to farmers............................... SR 492 Federal Crop Insurance Program; urge protect farmers against losses ...............HR 856 Fire Ants, Eradication of Red Imported; urge increase federal funds..................HR 842 Food Detained or Embargoed as Adulterated; violations; markings...................HB 1209 Foods; licensing retail sales of fresh or frozen seafood, meat or poultry from mobile vehicles; inspections; regulations........................................................................... SB 500 Freeport Tax Exemption; grain, peanuts, seeds, cotton processing ....................HB 1178 Grass Sod Producers; sales of grass sod; sales tax exemption............................HB 1656 Hard Cider; certain fermented Apple Juice deemed a Malt Beverage...............HB 1180 Hog Industry; surface-water use permit applications; pollutants .......................HB 1432 Hogs, Swine Feeding Operations; water pollutants; study committee.................. SR 840 Honeybee Pollination; herbicide protection; gallberry bushes ............................... SB 480 Livestock Sold by Georgia 4-H Clubs, FFA Chapters; bond exemption.............HB 1460 Motor Fuel Excise Tax Exemption; agricultural field use vehicles.....................HB 1175 OCGA Title 2; code revisions and modernizations ...............................................HB 1228 Official State Peanut Monument; sculpture in Turner County...........................HB 1490 Pesticide Licenses; revocation grounds; failure repay student loan......................HB 884 Soil and Water Conservation Districts; education projects; expenses.................HB 1301 Soil and Water Conservation Districts; records; financial data...........................HB 1295 Southern Dairy Compact Commission to Regulate Milk Prices; create............... SB 420 State Nutrition Assistance Program (SNAP); emergency food providers...........HB 1253 Tomato Spotted Wilt Virus Research; urge increased federal funding.................HR 843 Vehicles Operated for Farming; exempt seat belt requirements........................... SB 591 Warehousemen and Grain Dealers; breach of conditions of a bond ...................HB 1211 Warehouses; electronic warehouse receipts issued for cotton................................ SB 544 Water Pollutant Discharges; compliance history; grounds for refusal of surface-water use permits ............................................................................................................HB 1432
Refer to numerical index for page numbers

2306

JOURNAL OF THE SENATE

AIDS OR HIV INFECTIOUS DISEASES (See Health or Sexual Offenses)
AIR CONTROL, 117TH SQUADRON 50TH ANNIVERSARY; recognizing............. SR 800
AIR QUALITY Alternative Fueled Vehicles Using Electricity; highway user fee........................HB 1430 Ozone Standards; low-emission, clean fuel vehicles; tax credits.........................HB 1596 Ozone Standards; new low-emission vehicles; allow a tax credit........................HB 1161
AIRPORTS (See Aviation)
AKINS, RHETT, COUNTRY MUSIC ARTIST; commend......................................... SR 540
ALABAMA, STATE OF; Proposed Chemical Weapons Incinerator in Anniston; urge public hearings for Northwest Georgia .................................................................... SR 152
ALBANY, CITY OF Chehaw Park Authority; change membership provisions.....................................HB 1614 Mayor and City Commissioners; staggered terms; referendum...........................HB 1609 Officials; introduced............................................................................................... Page 1032
ALBANY STATE UNIVERSITY AND COACH HAMPTON SMITH; commend..... SR 772
ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving Under Influence or Motor Vehicles) Alcohol or Drug Abuse Resulting in Deprivation of a Child...............................HB 1717 Beer or Malt Beverage Brewpubs; tours; sales to wholesale dealers................... SB 289 Boating Safety Violations; operating under influence alcohol/drugs...................HB 1393 Boating Under the Influence; supervisory responsibility of a minor..................HB 1394 Distilled Spirits, Wines; dealer signs; advertising of prices .................................... SB 52 DUI; commission to study drunken driving safety issues...................................... SR 680 DUI Convictions; licenses to bear red stripe or identifying words......................... SB 82 DUI; drivers under age 18; suspension of license for 12 months........................... SB 88 DUI; drivers under age 21; violations; .02 grams or more...................................... SB 66 DUI; drivers under age 21; zero tolerance ................................................................ SB 17 DUI; eliminate plea of nolo contendere to DUI charges.......................................... SB 61 DUI; habitual violators; offense of habitual impaired driving .............................. SB 321 DUI Penalty Assessments; Brain and Spinal Injury Trust Fund......................... SB 110 DUI; suspected violators; chemical tests; implied consent law ............................. SB 659 DUI Suspects; chemical tests; legality of implied consent notices......................HB 1378 Licensees; unlawful sales to underage persons; suspension periods..................... SB 266 Malt Beverages; 'hard cider' from fermentation of juice of apples .....................HB 1180 Minors; prohibit admission where alcoholic beverages consumed......................... SB 378 OCGA Title 3; code revisions and modernizations ...............................................HB 1228 Open Alcoholic Beverage Containers; driver and passenger prohibited............... SB 203 Persons Under Age 21; possession or consumption; punishment.......................... SB 206 Persons Under Age 21; purchase or possession penalty; stronger penalty for persons furnishing alcohol to a minor ................................................................................HB 908 Possession on Public or Private School Grounds Prohibited ................................. SB 111 Retail Sale Sites; increase minimum distance from churches, schools................. SB 298 Retail Sales; licenses; applicant residency; outlet locations................................... SB 111 Students Under Influence or in Possession of Alcohol Suspended ......................... SB 92 Sunday Sales at Motor Sport Road Race Track Facilities..................................... SB 537
ALEXANDER, REVEREND JIMMIE TERRELL; honoring...................................... SR 634
Refer to numerical index for page numbers

INDEX

2307

ALIEN RESIDENTS Access to Health Care; reduce language barriers; physician training.................. SB 662 Assist Qualified Aliens Under Georgia TANF Program Until 1999..................... SB 531 Illegal; contractors employing on public works projects; penalties.......................SB 257 Illegal; identification documents; penalty to defraud or deceive........................... SB 199 Marriage Licenses; documentation required of non U.S. citizens.......................... SB 577 Marriage Licenses; non U.S. citizens prove legal entry into country................... SB 578
ALLMAN, DUANE; musician; designate Boulevard to honor; Macon ..................... SR 653
ALLOPATHIC MEDICAL TRAINING; primary care physicians; loan program..... SB 391
ALPHA KAPPA ALPHA SORORITY AND DR. LUCRETIA PAYTON-STEWART Recognize ..................................................................................................................... SR 636
AMATEUR RADIO WEEKEND IN HONOR OF HAM OPERATORS; designate.. SR 485
AMBULANCES (Also See Emergency Medical Services) Arrests for Not Yielding Right of Way to Emergency Vehicles............................. SB 516 Business or Industry Emergency Ambulances for Employees; exemption........... SB 424 Emergency Medical Technicians, Paramedics; certification standards ................. SB 543 Emergency Responders; patients in cardiac arrest; defibrillation......................... SB 566
AMERICAN LEGION POST 500; commend ............................................................... SR 806
AMERICAN RED CROSS VOLUNTEERS; state employees paid leave................HB 1266
ANATOMICAL GIFTS (See Organ Donors or Property or Driver's License)
ANDREWS, ROSALIE; Distinguished Senior Georgian; commend.......................... SR 475
ANESTHESIOLOGY Dental Facilities; sedation of patients; physician, nurse......................................HB 1158 Pain Management for Terminally 111 Patients; Advisory Committee.................... SB 670 Surgery Performed Under Anesthesia; inpatient care; insurance......................... SB 589
ANIMALS Blind Vendors; guide dogs on premises; repeal option of using service capuchin monkeys in lieu of service dogs.............................................................................HB 714 Capuchin Monkeys; rights of physically disabled persons to use .........................HB 351 Cruelty, Intentional Injury, Promoting Animal Fighting; punishment................ SB 697 Livestock Sold by Georgia 4-H Clubs, FFA Chapters; bond exemption .............HB 1460 Search and Rescue Dogs; criminal penalties to destroy or injure ......................HB 1425 Study Committee on Link Between Violence Toward Animals and Violence Towards Humans...................................................................................................................... SR 89
ANNEXATION Annexation by Local Act; effective date for tax purposes....................................HB 1603 Commercial Property to be Annexed by a Local Act; notices................................ SB 251 County Boundaries; petitions to change; property owner signatures................... SB 380 Zoning Classification Changes on Annexed or Deannexed Property.................... SB 600
ANTIQUES; License Plates for Antique Vehicles; change dimensions .................... SB 471
APPEALS AND ERROR Appeals from Magistrate Court to Superior or State Court; bench trials; nonjury calendar..................................................................................................................HB 1186 Appeals of Petitions Recalling Public Officials; expedited rulings........................HB 942
Refer to numerical index for page numbers

2308

JOURNAL OF THE SENATE

APPEALS AND ERROR (Continued) Appellate Court Judges; nonpartisan election.........................................................HB 820 Appellate Court; senior judges and justices; compensation................................... SB 369 Appellate Judges; invite General Assembly Joint Session.....................................HR 729 Appellate Judges; judicial assistance; appointment to senior judge ...................HB 1642 Capitol Felony Trials; counties incurring additional appeal costs.......................... SB 56 Child Custody Issues; appeals; expedited consideration by court........................... SB 73 Civil Cases; notice of appeal; motion for supersedeas; ruling................................. SB 72 Court of Appeals; composition; increase to 13 judges, 4 divisions.......................... SB 78 Death Penalty Cases; applications for appeal; review procedures........................ SB 296 Decisions of Superior Courts Relative Workers' Compensation Appeals................ SB 34 Decisions of Workers' Compensation State Board; time to affirm........................ SB 368 Judgments in Dispossessory Proceedings; rent payment pending appeal............ SB 525 Mandatory Review; litigation for frivolous actions; attorney's fees ...................... SB 623 Prisoner Litigation; civil actions; appeals require an application......................... SB 370 Probate Courts; jurisdiction in civil matters; certain counties.............................. SB 540 Probate Courts; provide pilot program of expanded jurisdiction........................... SB 609
APPLE CIDER; "hard cider' containing 6% alcohol deemed a malt beverage.......HB 1180
APPLING COUNTY; Property Conveyance; surplus National Guard Armory....... SR 560
APPOINTMENTS BY GOVERNOR...................................... PAGES 921, 1231, 1542, 2055
APPROPRIATE PATIENT CARE ACT Health insurers required coverage............................................................................ SB 330 Postsurgery; insurance coverage ............................................................................... SB 589
APPROPRIATIONS AND FISCAL AFFAIRS Appropriations, Amend SFY 1997-1998; reallocate certain funds.......................HB 1167 Appropriations, General SFY 1998-1999................................................................HB 1250 Appropriations, Supplemental; Year 2000 computer compliance issues.............HB 1166 Bills That Raise Revenue or Appropriate Money; introduction............................... SR 55 Educational Grants for Lengthening School Year to 200 or 220 Days.................HB 244 Funding of Historic Preservation Under a Grant Program; cost estimate reports to General Assembly Committees.............................................................................. SB 446 GEA(U) Revenue Bond Projects; financial advisory studies.................................. SB 292 General Assembly; allow convene special veto consideration sessions................. SR 498 General Assembly; fiscal affairs subcommittees; budget transfers....................... SB 197 Heritage Fund Proceeds; revenue collections; distinct budget unit...................... SB 496 Local Assistance Grants; joint committee to study allocation of........................... SR 674 Local Governments; special project appropriation; certify as to use ..................HB 1364 Lottery for Education Account; limit amount each county entitled...................... SB 333 Nonprofit Contractors Funded by State Funds; audit requirements.................... SB 474 Roadside Enhancement and Beautification Fund; dedicated revenues ................ SB 337 Solid Waste Trust Fund; scrap tire fees; legislative intent................................... SR 758 State Budget; unappropriated surplus funds; taxpayer refund............................. SR 533 State Departments, Agencies; expenditures; establish limitations ....................... SR 177 Total Outlay Appropriated to State; prohibit exceed revenue sources................. SR 248 Unemployment Insurance Program; use of certain moneys credited..................HB 1140 Wildlife Endowment Fund; lifetime sportsman license proceeds ........................HB 1640
Refer to numerical index for page numbers

INDEX

2309

AQUARIUM AND MARITIME FACILITY IN THE COASTAL REGION; feasibility study............................................................................................................................. SR 185
ARCHEOLOGICAL, ARCHITECTURAL AND CULTURAL RESOURCES; committee to study............................................................................................................................. SR 552
ARCHIVES AND HISTORY; State, Local Entities; records management, archival preservation................................................................................................................. SR 616
AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)
ARRESTS Persons Not Yielding Right of Way to Approaching Emergency Vehicles............ SB 516 Warrants by Electronic, Telephonic, Video Conference; applications.................... SB 411
ARTHRITIS AWARENESS DAY; commend................................................................ SR 643
ARTS, THE Board of Regents; sell or transfer certain works of visual art............................HB 1201 Georgia Citizens for the Arts; commend.................................................................. SR 580 Music Hall of Fame Authority; transfer functions, personnel to Department of Community Affairs; Advisory Committee created............................................... SB 569 Robert Cook, Georgia Artist of the Year; commend................................................ SR 568
ASHLEY, JANE; commend ...........................................................................................HR 751
ASSAULT AND BATTERY (Also See Crimes and Offenses) Crimes Against Family Members Act of 1997; increased penalties........................ SB 67 Crimes Against Family Members Including the Elderly; punishment................. SB 510 Crimes Committed While Wearing Bulletproof Body Armor; penalties ............... SB 425
ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE ACT........................................................................................................ SB 207
ASTRONOMICAL OBSERVATORIES, PLANETARIUMS; shielding outdoor luminairies................................................................................................................... SB 329
AT-RISK CHILDREN AND YOUTH Educational Programs; additional grant funds ......................................................... SB 97 Joint After-school Remedial Programs; state grants funding basis...................... SB 404
AT&T CORPORATION; Grant Easement; Golf Hall of Fame; Richmond County.. SR 530
ATHENS, CITY OF Athens-Clarke County; Coroner; annual salary ....................................................HB 1498 Department of Police Services and Chief Joseph H. Lumpkin; commend ........... SR 778 Superior Court; judges; salary supplement by Unified Government.................... SB 483
ATHLETICS AND SPORTS Adapted Sports After-school Programs; committee to study.................................. SR 263 Atlanta Braves Baseball Field Within Ted Turner Stadium; urge name to honor Henry Aaron.............................................................................................................. SR 77 Atlanta Hawks Arena; moratorium on sewer connections not applicable.............. SB 19 License Plates; special; U.S. Disabled Athletes Fund; renewal...........................HB 1538 Motor Sport Road Race Tracks; Sunday sales of alcoholic beverages .................. SB 537 Sport of Golf; enact the Georgia Golf Hall of Fame Authority Act ....................HB 1126 Sports Hall of Fame Authority; members; per diem; powers, duties..................HB 1419
Refer to numerical index for page numbers

2310

JOURNAL OF THE SENATE

ATLANTA ASSOCIATION OF INSURANCE PROFESSIONALS; commend.......... SR 577
ATLANTA ATHLETIC CLUB; honoring...................................................................... SR 526
ATLANTA, CITY OF Ad Valorem; homestead exemption; increase for elderly; referendum..................HB 535 Ad Valorem; school taxes; exempt full value of homestead at age 75.................. SB 286 Atlanta Braves Baseball Field; urge name to honor Henry Aaron......................... SR 77 Atlanta-Fulton County Recreation Authority; additional members ....................HB 1803 Atlanta-Fulton County Recreation Authority; chief executive officer; maximum compensation .........................................................................................................HB 1697 Cities of 300,000 or More; persons assigned judge pro hac vice.........................HB 1238 City Council; meetings; public comments ................................................................HB 999 MARTA; Board of Directors; terms; ineligible appointments ................................ SB 315 Property Conveyance; abandoned W&A right of way; Wastewater Plant............ SR 560 Property Conveyance; Freedom Parkway right of way; multi-use trails ............HR 1067 Property Taxes; one payment date for taxes due City, State, County................. SB 506 Sewage Wastewater Treatment; condemnation due to water quality emergencies; state appoint interim manager.............................................................................. SB 319 Urban Enterprise Zones; designation; adding land; tax exempt status......................................................................................................................HB 1629 Urban Enterprise Zones; mixed use residential and commercial........................HB 1630
ATLANTA HAWKS ARENA; moratorium on sewer connections not applicable....... SB 19
ATLANTA JUDICIAL CIRCUIT Superior Court; authorize a Family Court Division pilot project........................HB 1674 Superior Court; two additional judges; increase number to 17............................... SB 77
ATLANTA MARRIOTT MARQUIS CONCIERGE STAFF; recognizing................... SR 721
ATLANTA REGIONAL COMMISSION; transportation plans; air quality goals ...........................................................................................................................HR 1100
ATTORNEY GENERAL Department of Law; prosecution capital felony expense reimbursement...............SB 56 Duties; criminal prosecution of financial identity fraud cases.............................. SB 513 Elected by Majority of Votes Cast; election procedures.......................................... SB 454 Election to Office by Plurality Vote........................................................................HB 1529 Employees; members of State Bar in Judicial Retirement System ......................HB 751 Enforcement Actions; Open Meetings and Public Records compliance...............HB 1549 Review Findings of Campaign and Financial Disclosure Commission................. SB 546
ATTORNEYS (Also See Courts, Civil Practice or Criminal Proceedings) Agency for Health Care; living wills, durable power of attorney.......................... SB 478 Civil Actions on Commercial Accounts; settlement offers; interest...................... SB 524 District Attorneys; Judicial Budget Administration .............................................HB 1617 Fees, Costs; actions relating education for child in state custody ......................HB 1183 Garnishment Proceedings; persons authorized represent corporation.................. SB 477 Guardianships; counsel for incapacitated adults; ward evaluations..................... SB 179 Guardianships of Incapacitated Adults; legal actions; right of ward ................... SB 181 Litigation of Frivolous Actions; awards of fees, expenses; appeals....................... SB 623 Privileged Communication; parties to an action of common interest................... SB 634
Refer to numerical index for page numbers

INDEX

2311

ATTORNEYS (Continued) Services as Judges Pro Hac Vice; cities of 300,000 or more................................HB 1238 Trial Courts; continuances; number of; grounds; absence of counsel................... SB 299
ATVUR, ALISAN; commend ......................................................................................... SR 658
AUBURN, CITY OF; Dissolution of City Charter; advisory referendum...............HB 1829
AUDITS AND ACCOUNTS Corrections Department; income, expenditures; independent CPA audit............. SB 465 Local Government Financial Operations; preparation of budgets.......................HB 1364 Nonprofit Contractors for State Programs; audit financial affairs....................... SB 474 Soil and Water Conservation Districts; receipts, disbursements.........................HB 1295 Special County 1% Sales Tax Proceeds; audit reporting requirements..............HB 1433 Workers' Compensation Group Self-insurance Funds; private examiners............ SB 656
AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; members; appointment ............HB 216 Augusta-Richmond County Coliseum Authority; members; appointment.............. SB 11 Commission-Council; power of mayor to veto actions of commission..................... SB 49 Georgia Golf Hall of Fame Authority and Board; powers, duties.......................HB 1126
AUSTELL; opposition to Norfolk Southern Railroad Freight Facility ..................... SR 614
AUTHORITIES (Also See Development Authorities) Brain and Spinal Injury Trust Fund Authority; creation...................................... SB 110 Computer Software Failure; processing Year 2000 dates; no liability.................. SB 638 Counties of 400,000 or More; charitable grants or contributions.......................... SB 567 Development; business and industry recruitment; identity protected.................... SB 12 Educational Facility Sites; county property; sale or disposition..........................HB 1550 Georgia Education Authority (University); members; bond projects..................... SB 292 Georgia Golf Hall of Fame Authority Act..............................................................HB 1126 Hospital; business transactions; financial interest held by members................... SB 220 Hospital; creation of joint authority by certain rural counties ...........................HB 1798 Hospital; designated teaching hospitals; local funds contributed........................HB 1222 Hospital; directors; transactions involving conflicts of interest............................. SB 261 Hospital; powers; Essential Rural Health Care Provider Access Act................... SB 594 Hospital; powers granted to operate health care facilities ..................................HB 1101 Hospital; prohibit discriminate or give preferential treatment ...........................HB 1101 Housing; Loitering Prohibited; loans to private entities......................................HB 1604 Housing; public; sewer connections moratorium; exemption ................................... SB 19 International and Maritime Trade Center; use of excise tax proceeds ................HB 706 Local Government Authorities Registration; reporting procedures.....................HB 1557 Local Government; method to eliminate nonfunctioning authorities.................... SB 561 Local; officers, employees; abuse of office; property sales....................................HB 1542 Middle Chattahoochee Water Resources Authority; jurisdiction ........................... SB 520 Motor Vehicles Purchased Public Funds; visible identifying markings................HB 624 Music Hall of Fame Authority; transfer functions, personnel to Department of Community Affairs; Advisory Committee created............................................... SB 569 Public Property; private leasehold interest subject tax assessment..................... SB 645 Public; vehicles purchased or leased; identifying decal or seal...........................HB 1461 Regional Development Centers; creation of for-profit corporations....................... SB 389 Sports Hall of Fame Authority; purpose, powers, duties; members....................HB 1419
Refer to numerical index for page numbers

2312

JOURNAL OF THE SENATE

AUTHORITIES (Continued) State Government Services; create 12 delivery regions by counties...................HB 1650 State; leases subject taxation; Jekyll Island-State Park Authority..................... SB 643 State; purchasing; recycled content paper products; 95% requirement................ SB 574 Stone Mountain Memorial Association; lease contracts; requirements ................ SB 274
AVIATION Aerospace Development, Commercial Space Activities, and Telecommunications Technology; commission to study............................................................................. SR 46 Airport Authorities; registration and reporting procedures.................................HB 1557
AVONDALE, CITY OF; Avondale Estates Development Authority; abolish .........HB 1634
AVRET, LURA EVANS; expressing condolences......................................................... SR 744
B
BACON COUNTY Sergeant J. D. 'Eddie' Miles Bridge; recognize honorary name...........................HR 1342 State Court; creation................................................................................................HB 1923
BAGWELL, WENDELL LEE; Designate Parkway; Paulding County...................... SR 316
BAIL (See Criminal Procedure or Bonds)
BAKER, BRUCE B.; honoring the memory of............................................................ SR 767
BALDWIN COUNTY Property Conveyance; old State Capitol; deed parcels to Presbyterian and Episcopal Churches .................................................................................................................. SR 495 Property Conveyance; sell surplus tract to American Red Cross.......................... SR 494 Property Conveyance; sell 72 surplus houses and parcels..................................... SR 496 Property Conveyances; American Red Cross Chapter, Oconee Regional Medical Center and 72 houses and parcels........................................................................ SR 493 State Properties Inventory; joint committee to study disposition......................... SR 151 Superior Court; Ocmulgee Judicial Circuit; additional judge.................................. SB 77 Tax Commissioner; compensation...........................................................................HB 1823
BALL GROUND, CITY OF; change corporate limits................................................. SB 707
BANKING AND FINANCE Check Cashers; licensing sanctions; failure to repay student loan.......................HB 884 Commercial Accounts; interest, usury; settlement of damage actions.................. SB 524 Credit Card Banks; bad debts; deduction on state sales tax reports.................HB 1660 Custodian of Funds in Settlement of Tort Case on Behalf of Minor.................... SB 655 Deposit Account Fraud; loan collateral; face value of check.................................. SB 590 Fiduciary Management; Medical Care Savings Account and Trust Act............... SB 163 Financial Account for TANF Recipients; urge 2-year pilot project......................... SR 49 Lenders; property records; awards of real property in divorce .............................HB 408 Loans by Housing Authorities to Private Entities Not Usurious .......................HB 1604 Mortgage Brokers; licensing of out-of-state brokers .............................................HB 1496 Mortgage Lenders, Brokers; license suspension; nonpay student loan.................HB 884 Mortgage Lenders; escrow agreement terms; failure to pay homeowners insurance premiums; liability..................................................................................................HB 478 OCGA Title 7; code revisions and modernizations ...............................................HB 1228
Refer to numerical index for page numbers

INDEX

2313

BANKING AND FINANCE (Continued) Pawnbrokers; vehicle title pawn transactions; permitted interest........................ SB 239 Personal Financial Security; criminal offense of identity fraud............................ SB 513 Revise Numerous Provisions Relating Financial Institutions, Agents ...............HB 1354 Secured Transactions; debt paid in full; proper cancellation ..............................HB 1144 Securities Investments, Advisers; regulations; conform federal Act...................HB 1372 Security Interest on Investment Property; collateral............................................. SB 402 Small Consumer Loan Industry; joint committee to study.................................... SR 668 Small Consumer Loan Industry Study Committee................................................. SR 698 State and Local Bond Issuance Procedures; committee to study.......................... SR 290 Tangible Property Taxation on Stock Shares; eliminate state taxes.................... SR 541 Trusts; investments; Pre-1998 Probate Code; Revised Probate Code.................HB 1226 Uniform Commercial Code-Investment Securities; rules revision......................... SB 402
BANKRUPTCY Criminal Restitution Under Federal Bankruptcy Statutes....................................HB 399 Intestate Insolvent Estates; debtors entitled exempt contributions ..................... SB 479
BARNETTE, JUSTIN; commend.................................................................................. SR 508
BARR, CONGRESSMAN BOB; introduced, remarks.............................................. Page 782
BARROW COUNTY Ad Valorem; homestead exemption; increase for senior citizens...........................HB 984 Ad Valorem; school taxes; homestead exemption based age, income....................HB 985 Ad Valorem; homestead exemption; senior age and income................................HB 1767 Board of Commissioners; change election districts ...............................................HB 1533 Board of Commissioners; compensation .................................................................HB 1792 Board of Education; change election districts .......................................................HB 1534
BARS SELLING ALCOHOLIC BEVERAGES; admission to minors prohibited..... SB 378
BARTOW COUNTY; Superior Court Clerk; compensation .....................................HB 1773
BATHHOUSES; Sexual Conduct Occurring in Violation of Sodomy Laws.............. SB 442
BATSON, HENRY C.; Claims Against the State; compensate ...............................HR 1142
BATTERY (See Assault and Battery or Crimes)
BAUGH, DR. JAMES E.; Mayor of Milledgeville; commend..................................... SR 469
BEALLWOOD AREA NETWORK DEVELOPMENT; commend............................... SR 462
BEER OR BREWERIES (Also See Alcoholic Beverages or Commerce) Brewpubs; licensees; permits; sales to wholesale dealers...................................... SB 289 Malt Beverages; hard cider containing 6% alcohol; fermented apples ...............HB 1180
BELL-FORSYTH JUDICIAL CIRCUIT; New Circuit of Superior Court Composed of Forsyth County Created............................................................................................... SB 77
BELL, VICKIE E.; designate Memorial Bridge to commemorate life of .................HR 844
BELLSOUTH TELECOMMUNICATIONS Grant Easement Area in DeKalb County................................................................ SR 530 Grant Easement; Phinizy Road; Richmond County................................................ SR 530
BENHAM, ROBERT; Supreme Court Chief Justice; address joint session............ Page 82
BENNETT, ANN C.; claims against the State; compensate .....................................HR 782
Refer to numerical index for page numbers

2314

JOURNAL OF THE SENATE

BENNETT, LAWRENCE L.; commend........................................................................ SR 755
BERKELEY LAKE, CITY OF; corporate limits; annex certain property................ SB 288
BIBB COUNTY Macon-Bibb County Cherry Blossom Festival Officials; commend........................ SR 671 Macon-Bibb County Industrial Authority; projects; site development..................HB 710 Macon-Bibb County Joint Board of Health; repeal upon referendum; establish Bibb County Board of Health .......................................................................................HB 1849 Macon-Bibb County, Taste of Macon Day in Atlanta; welcoming......................... SR 556 Property Conveyance; easement; railroad crew parking site; Macon ................... SR 530 Property Conveyance; highway improvements along Clinton Road......................HR 825 Property Conveyance; highway improvements along Clinton Road......................HR 829
BICKMORE, LISA; commend....................................................................................... SR 499
BICYCLES; Bicycle Transportation Facilities; include as a DOT project................ SB 145
BIDS (Also See Contracts or State or Local Government) Counties of 550,000 or More; purchasing; public letting and bids .....................HB 1452 MARTA Contracts; bidding; written quotations; informal procedures................HB 1094 Public Works Contracts; bids; requirements; emergency situations ..................... SB 229 Public Works Contracts; withdrawal of bid without forfeiting bond...................HB 1666
BILL OF RIGHTS DAY; official observance..............................................................HB 1434
BILLBOARDS Outdoor Advertising Signs; change certain location restrictions.........................HB 1304 Outdoor Advertising Signs; permits; regulations; removal of unusable signs; tree trimming regulations .............................................................................................. SB 337 Outdoor Displays; tree trimming permit fees to fund Roadside Enhancement and Beautification Fund ................................................................................................ SR 559 Outdoor Lighting; advertising signs; misdirected light interference .................... SB 329
BIPARTISAN JOINT COMMISSION ON SENTENCING REFORM AND PAROLE ABOLITION................................................................................................................ SR 477
BIRD ISLANDS CITIZENS COMMITTEE AND DNR STAFF; commend.............. SR 628
BISHOP, SANFORD, CONGRESSMAN; commend.................................................... SR 595
BLANKENSHIP, DANIELLE; commend..................................................................... SR 514
BLIND PERSONS (Also See Handicapped or Disabled Persons) Income Tax Exemption; increase allowable deduction amount ...........................HB 1162 Vending Operations; guide dogs on premises; repeal use of service capuchin monkeys in lieu of service dogs.............................................................................................HB 714
BLOCK GRANTS; Federal Community Development Finance Institute Program....................................................................................................................... SB 389
BLOOD GLUCOSE MEASURING STRIPS; diabetic supplies; exempt sales tax...............................................................................................................................HB 1656
BLOOMINGDALE, CITY OF; Corporate Limits; extend by annexation ...............HB 1691
BLUE RIBBON STUDY COMMITTEE ON FUNDING QUALITY BASIC EDUCATION ACT.............................................................................................................................. SR 467
Refer to numerical index for page numbers

INDEX

2315

BLUE RIDGE JUDICIAL CIRCUIT Superior Court; judges; supplement; Cherokee and Forsorsyth Counties..........HB 1894 Superior Court; terms; decrease number of judges; Cherokee County................... SB 77
BOATS, MARINE EQUIPMENT AND FACILITIES Boating Operation Restrictions; reportable accidents; minors.............................HB 1394 Boating Safety Zones; prohibit commercial fishing, shrimp boats ......................HB 1315 Commercial Fishing; motor fuel to operate boats; tax exemption ........................ SB 362 Licenses; requirements for commercial or noncommercial fishing......................HB 1352 Marine Vessels, Outboard Motors, Charter Boats, Marinas, Dealers; owner registration, number, title......................................................................................SB 515 State Park Lakes; amend boating restrictions; enforce regulations ..................... SB 484 Violations; operating watercraft under influence alcohol/drugs ..........................HB 1393
BOGART, TOWN OF; new charter ............................................................................HB 1236
BOGGS, ANNA; introduced relative to HR 844......................................................Page 318
BOLL WEEVIL ERADICATION PROGRAM; assessments to cover costs ............HB 1242
BONDS (Also See Criminal Procedure, Revenue Bonds, Surety Bonds) Bail Bond Hearings by Video Conference; arrest warrants................................... SB 411 Bail; Pretrial Release Conditions; criminal gang activity offenses .....................HB 1391 Bond Elections; date of November general election; exception.............................. SB 256 Revenue; Georgia Education Authority GEA(U); funded projects......................... SB 292 Revenue; Georgia Golf Hall of Fame Authority, Board........................................HB 1126 Revenue; local tax obligations; Redevelopment Powers Law...............................HB 1485 Revenue; state and local indebtedness; study practices, procedures .................... SR 290 Surety; breach of bond; dealers in agricultural products.....................................HB 1211 Surety; exemption; livestock sold by 4-H clubs, FFA Chapters ..........................HB 1460 Surety; Soil and Water Conservation Districts .....................................................HB 1295 Surety; withdrawal of bid without forfeiture; public works contract..................HB 1666
BONE MASS MEASUREMENT COVERAGE ACT; testing for osteoporosis........HB 1086
BOSTWICK, CITY OF; new charter ..........................................................................HB 1465
BOXING, PROFESSIONAL; Regulation; powers of State Boxing Commission......HB 396
BRADBURY, TOM; Claims Against the State; compensate......................................HR 790
BRADLEY, C.W.; name portion Highway 136 to honor; Murray County..............HR 1101
BRAIN AND SPINAL INJURY TRUST FUND AUTHORITY; creation.................. SB 110
BRANTLEY COUNTY; Surface Water; withdrawal permits; coastal counties........ SB 415
BREAST CANCER PATIENT CARE ACT .................................................................. SB 431
BREMEN, CITY OF Bremen-Haralson County Hospital Authority; membership................................HB 1850 Municipal Court; jurisdiction; imposition of punishments...................................HB 1891
BREWERYS AND BREWPUBS; Licensees; permits; wholesale sales; tours.......... SB 289
BRIDGES (See Highways, Bridges and Ferries)
BROOK RUN MENTAL HEALTH FACILITY Authorize Sell Campus Site to DeKalb County...................................................... SR 481 Commend and Urge Continue Funding Mental Health Services..........................HR 298
Refer to numerical index for page numbers

2316

JOURNAL OF THE SENATE

BROOKS, JUSTIN; commend....................................................................................... SR 509
BROWN, BURNELL; commend.................................................................................... SR 782
BROWN, CAPTAIN BOBBIE; name Highway to honor heroism; Laurens County..........................................................................................................................HR 931
BROWN, DR. ERNEST S.; commend........................................................................... SR 827
BROWN, HAROLD I.; Claims Against the State; compensate...............................HR 1024
BRUEGGER, BARBARA J.; commend......................................................................... SR 562
BRUNSWICK; Coastal Region Aquarium, Maritime Facility feasibility study....... SR 185
BRUNSWICK HIGH SCHOOL'S "A BRIDGE TO OUR FUTURE" PROGRAM Commend..................................................................................................................... SR 687
BRUNT, DR. GWYNNE T.; commend.......................................................................... SR 757
BRYAN N COUNTY Ad Valorem School Taxes; homestead exemption for senior citizens.................... SB 619 Designate; L. Carlton Gill Highway.......................................................................HR 1106 Probate Court; judge; compensation.......................................................................HB 1897 Surface Water; withdrawal permits; coastal zone counties.................................... SB 415
BUDGET (See Appropriations and Revenue)
BUFORD, CITY OF Independent School District; distribution of sales tax proceeds............................ SB 502 Independent School District; share proceeds of certain sales tax......................... SB 646
BUILDING AUTHORITY, GEORGIA Blue Ribbon Commission on State Government Facilities.....................................HR 742 Designate; Pete Wheeler Georgia War Veterans Memorial Plaza.........................HR 996 Floyd Veterans Memorial Building; designate; Pete Wheeler Georgia War Veterans Memorial Plaza........................................................................................................ SR 583 Placement of Portrait at State Capitol of Arthur Langford................................... SR 287
BUILDINGS AND HOUSING Authorities; local registration and reporting procedures......................................HB 1557 Building Permit Forms; printed text; property subject to lien laws...................HB 1337 Building Permits; resolving conflicting codes and standards ................................ SB 212 Construction Trades; youth apprenticeship and trainin program........................... SB 68 Disabled Persons; homes with accessibility features; tax credit .........................HB 1621 Fire and Dangerous Hazards or Defective Conditions; code violations................ SB 608 Home Improvement Contracts; regulations; contractor requirements.................. SB 295 Housing Authorities; prohibit loitering; loans to private entities.......................HB 1604 Housing Authorities; sewer connections; moratorium exemption............................ SB 19 International Building Safety Week; proclaim ......................................................HR 1155 Lead-based Paint Hazards; abatement activities; enforcement............................. SB 481 Physically Disabled Persons; admittance and accommodation rights...................HB 351 Real Estate Transactions; disclosures; prior criminal activities..........................HB 1274 Rental Property; landlords; disclose name, address, telephone number.............. SB 281 Rental Property; premises repaired by tenant; deduct from rent due ................. SB 223 Residential Housing; legislation or agency rules affecting costs........................... SB 275 Use of Deadly Force to Defend Personal Property; justification ........................... SB 596
Refer to numerical index for page numbers

INDEX

2317

BULL RIVER MARINA AND YACHT CLUB; grant easement; Chatham County.......................................................................................................................... SR 627
BULLARD, WILLIAM E. 'BILL'; expressing regrets at passing.............................. SR 531
BULLOCH COUNTY; State Court; solicitor general; full-time position................HB 1818
BURGLARY; Victim Restitution for Property Damage, Theft ................................HB 1165
BURRIS, CHUCK; commend ........................................................................................ SR 715
BUSES Public Transit Buses, Bus Stations; prohibited conduct; fines.............................. SB 444 School Bus Drivers and Other Support Personnel; study committee................... SR 646 School Bus Equipment; require passenger seat belts............................................. SB 293 School; disruptive students; standards for expulsion from riding......................... SB 614 School Support Personnel; bus drivers; committee to study.................................. SR 397
BUSH, GEARY; commend............................................................................................. SR 502
BUSINESS (See Commerce or Professions and Businesses)
BUSINESS EXPANSION SUPPORT ACT Income Tax Credit; increased product exports, port traffic; jobs ........................HB 1667 Income Tax; exemption for certain businesses; retraining programs .................HB 1596
BUTLER, BRETT MORGAN; commend Baseball Career.......................................... SR 694
BUTLER, JOSEPH BURTON; commend .................................................................... SR 640
BUTTS COUNTY; Designate; David P. Ridgeway Bridge; Butts County................HR 847
BYRD, EMMA LEE; Claims Against the State; compensate....................................HR 788
BYRD, HENRY; 1997 GOAL Technical Education Award; commennd.................... SR 524
c
CABLE TELEVISION Franchise Fees; amount and structure of; joint committee to study.................... SR 544 Study Committee on Cable TV; consumer concerns; state regulation.................. SR 566
CADWELL, S.C. Commend and urge DOT name Dodge County road in his honor........................ SR 776 Name portion State Road 165 to honor .................................................................HR 1106
CAMDEN COUNTY; Surface Water; withdrawal permits; coastal zone counties .. SB 415
CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections) Contributions; disclosure via electronic filing; post on Internet........................... SB 441 Contributions From Lottery Vendors, Lobbyist for Casinos, Pari-mutuel or Gambling Operations to Public Officials Prohibited............................................................. SB 606 Contributions Illegally Accepted; review of findings; AG opinion......................... SB 546 Contributions; loans, compensation, reimbursement; funds illegally accepted; disclosure reports via the Internet........................................................................ SB 605 Election Campaign Expenditure Limitations; General Assembly members......... SB 248 Election Campaign Finance Reform; joint committee to study............................. SR 270 Elections; Campaign Finance Reform and Ethics Study Committee. .................. SR 333 Elective Offices; campaign financing; joint study committee................................. SR 255 Financing of Campaigns and Fund Raising; committee to study......................... SR 254
Refer to numerical index for page numbers

2318

JOURNAL OF THE SENATE

CAMPAIGN AND FINANCIAL DISCLOSURE (Continued) Political Contributions; deductions by employer from employee wages................ SB 617 Political Contributions; deductions from employee wages; regulate ..................... SB 691 Political Contributions; unlawfully withholding of employee wages..................... SB 497
CANCER TREATMENT Breast Cancer Patient Care Act; coverage of hospital inpatient stay.................. SB 431 Children's Cancer Therapy; clinical trials; insurance coverage............................. SB 603
CANDIDATES (See Elections)
CANDLER COUNTY; Metter-Candler County Airport Authority; terms..............HB 1756
CAPITAL PUNISHMENT (See Death Penalty, Courts or Criminal Procedure)
CAPITOL BUILDINGS AND GROUNDS, STATE Blue Ribbon Commission on Developing New Central Facilities..........................HR 742 Placement of Portrait at State Capitol of Arthur Langford................................... SR 287
CARJACKING Automobile Personal Security Alarm Systems; insurance discounts .................... SB 696 Crimes Committed While Wearing Bulletproof Body Armor; penalties ............... SB 425
CARROLL COUNTY Ad Valorem; school taxes; homestead exemption; certain residents...................HB 1690 Carroll County Family Connection Authority; create...........................................HB 1760 Sales Tax for Education; distribution between school systems ...........................HB 1168 State Court; office of full-time solicitor..................................................................HB 1764 State Court; terms of court .....................................................................................HB 1605 Superior Court; judges; salary supplement.............................................................. SB 677 Tax Commissioner; school taxes; collection cost reimbursement.........................HB 1527
CARROLLTON; Ad Valorem School Tax; homestead exemption; senior citizens..HB 1689
CARTER, HUGH ALTON; name bridge west of Plains to honor............................. SR 655
CARTER PRESIDENTIAL LIBRARY AND PARK Property Conveyance; grant lease; Freedom Parkway roadside park................... SR 638 Property Conveyance; lease right of way on Freedom Parkway .........................HR 1067
CARTERSVILLE, CITY OF; Public School Tax Levy; methods; reimburse city for tax collections...................................................................................................................HB 1701
CAST NETS; shrimp taken by net or a seine; regulate use...................................HB 1315
CASWELL, JUDGE PAUL E.; commend..................................................................... SR 793
CATOOSA COUNTY Ad Valorem; county taxes; homestead exemption; certain age, income..............HB 1310 Ad Valorem; School District Taxes; exemption; elderly residents .......................HB 1309 Board of Commissioners; compensation; retirement plan....................................HB 1905 Board of Utilities Commissioners; powers; duties; area of operation.................HB 1919 Catoosa County Public Works Authority; create...................................................HB 1734
CELL OR WIRELESS TELECOMMUNICATION CONNECTIONS; Emergency 911 Service; expand state-wide; impose monthly charge............................................... SB 572
CEMETERIES Criminal offense of vandalism; punishment............................................................HB 840 Outdoor Advertising Signs; change certain location restrictions.........................HB 1304
Refer to numerical index for page numbers

INDEX

2319

CENTRAL STATE HOSPITAL; Bobby Eugene Parham Food Service Facility....... SR 588
CERTIFICATE OF NEED, HEALTH CARE FACILITIES Exemption; institutions practicing treatment by spiritual means ........................ SB 124 Exemption; certain rural hospitals; counties of 35,000 or less............................HB 1798 Exemption; mobile new health services; unrestricted service area......................... SB 22 Long-term and Retirement Care; senior housing; committee to study................. SR 600
CHAMBLISS, CONGRESSMAN SAXBY; introduced, remarks...........................Page 1140
CHANDLER, MEREDITH B.; Claims Against the State; compensate ....................HR 861
CHAPLAINS OF THE DAY Armstrong, Reverend Joan .....................................................................................Page 242 Beasley, Reverend Willis......................................................................................... Page 572 Berry, James Scott ................................................................................................Page 1284 Beavers, Jackey........................................................................................................ Page 968 Brown, Lt. Col. Raymond........................................................................................Page 263 Cash, Dr. Mike.........................................................................................................Page 665 Cox, Dr. Frank ......................................................................................................... Page 745 Crutchfield, Reverend James.................................................................................... Page 80 Curtis, Reverend Jim.............................................................................................. Page 713 Dodson, Dr. Malone ................................................................................................. Page 885 Edwards, Dr. Wayne................................................................................................ Page 149 Flippin, Dr. William E.............................................................................................Page 537 Frady, Reverend Marvin.........................................................................................Page 282 Gass, Reverend.Bob.................................................................................................Page 141 Griffin, Dr. Phil...................................................................................................... Page 1922 Gunby, Pastor Collette............................................................................................ Page 512 Hunter, Dr. David.................................................................................................. Page 1119 Huskins, Bishop David..............................................................................................Page 89 Hutchins, Reverend Jerry.....................................................................................Page 1065 Johnson, Reverend Edgar..................................................................................... Page 1016 Laney, James T......................................................................................................Page 1543 Long, Bishop Eddie......................................................................................................Page 1 Maxwell, Dr. John.................................................................................................... Page 333 McRae, Reverend Marvin.......................................................................................... Page 63 Monroe, Mr. Rick .....................................................................................................Page 817 Myles, Reverend Roy............................................................................................... Page 186 Odom, Reverend Matthew M.................................................................................. Page 310 Perdue, Jim ................................................................................................................Page 37 Phillips, Dr. Carroll............................................................................................... Page 1182 Price, Dr. Chris ........................................................................................................ Page 119 Racz, Reverend Wayne............................................................................................ Page 368 Reeb, Charlie.......................................................................................................... Page 1703 Ricketts, Reverend Bill.............................................................................................. Page 53 Roberts, Alfred W.................................................................................................... Page 939 Rutherford, Pastor Robert....................................................................................... Page 208 Snipes, Reverend Felix.......................................................................................... Page 1224 Terry, Reverend Ronald.......................................................................................... Page 427 Weber, Pastor John M.............................................................................................Page 782
Refer to numerical index for page numbers

2320

JOURNAL OF THE SENATE

CHAPLAINS OF THE DAY (Continued) Wright, Reverend Bryant...................................................................................... Page 1392 Yelverson, Reverend Gene....................................................................................... Page 167
CHAPMAN, HARRY; commend.................................................................................... SR 615
CHAPPELL, FRANK; commend................................................................................... SR 836
CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit)
CHARLTON COUNTY Folkston, City of; change corporate limits .............................................................HB 1732 Homeland, City of; change corporate limits ..........................................................HB 1733 Surface Water; withdrawal permits; coastal zone counties.................................... SB 415
CHARTER SCHOOLS Charter Schools Act of 1997; student learning improvement plans ....................... SB 70 Charter Schools Act of 1998; enact; provide Office of Compliance.......................HB 353 Public Education Reform Act of 1997; site-based management............................ SB 387
CHATHAM COUNTY Ad Valorem; school district taxes; senior citizen exemption................................HB 1608 Chatham-Savannah Authority for the Homeless; membership; purposes..........HB 1811 City of Pooler; expand corporate limits..................................................................HB 1010 Coroner; increase compensation ..............................................................................HB 1801 Designate; Tom Coleman Highway; portion of 1-95................................................ SR 648 Hotel-Motel Excise Tax; authority; support maritime trade center......................HB 706 Property Conveyance; easement; deep water dock; Savannah River.................... SR 530 Property Conveyance; exchange marshland, highground Causton Bluff.............. SR 527 Property Conveyance; grant easement; Bull River Yacht Club Marina............... SR 627 Property Exchange; Causton's Bluff area; Theodore I. Jockisch........................... SR 489 Recorder's Court; chief judge; supervision of personnel .......................................HB 1032 Superior Court; judges; nonpartisan nomination and election............................HB 1004 Surface Water; withdrawal permits; coastal zone counties.................................... SB 415
CHATTAHOOCHEE COUNTY Designate; Hubert Ervin H.E. Hobbs Highway; Cusseta.....................................HR 1106 Superior Court; judges; county salary supplement................................................. SB 584
CHATTAHOOCHEE JUDICIAL CIRCUIT; Superior Court; judges; salary supplements; Harris, Marion, Talbot, Chattahoochee and Taylor Counties................................ SB 584
CHATTAHOOCHEE RIVER; Middle Chattahoochee Water Resources Authority; jurisdiction................................................................................................................... SB 520
CHATTOOGA COUNTY; Ad Valorem; school taxes; homestead exemption..........HB 1836
CHECKS USED IN FINANCIAL TRANSACTIONS Deposit Account Fraud; acceptance as loan collateral............................................ SB 590 Payroll Checks; unclaimed wages; disposition after one year ............................... SB 217
CHEHAW PARK AUTHORITY; change membership provisions............................HB 1614
CHEROKEE COUNTY Ad Valorem; homestead exemption of $5,000 ........................................................HB 1671 Cherokee County Community Improvement Districts; creation..........................HB 1748 Superior Court; Blue Ridge Circuit; judges; salary supplement .........................HB 1894 Superior Court; Blue Ridge Judicial Circuit; change number of judges ................ SB 77
Refer to numerical index for page numbers

INDEX

2321

CHICKAMAUGA, CITY OF; Ad Valorem; school taxes; homestead exemption....HB 1921
CHILD ABUSE (Also See Minors or Crimes) Admissible Evidence; hearsay statements of a child under age 16...................... SB 459 Child Custody Disputes Alleging Abuse; juvenile court jurisdiction ...................... SB 74 Child Custody; evidence of abuse; supervised parent visitation ............................. SB 71 Child Deaths; investigations; duty of medical examiner........................................ SB 464 Child Deaths; investigations when in custodial care; open records...................... SB 473 Child Molestation; indecent acts involving touching; penalties.............................HB 957 Committee to Study Link Between Animal Cruelty and Human Violence............ SR 89 Court Appointed Special Advocates Fund, Give Children A Chance.................... SB 487 Crimes Against Children; supervision of offenders on probation.......................... SB 467 Judges Exercising Juvenile Jurisdiction; specialized training................................. SB 75 Persons Convicted Crimes Against Children; no parole, early release................. SB 470 Prevention; Statewide Panel; county protocol committees; membership.............. SB 473 Sex Crime Offenders; registration; residency restrictions...................................... SB 375 Sexual Predators; registration within ten days of release....................................... SB 39 Sexually Violent Predators; hormonal chemical treatment........................................ SB 5
CHILD CARE (Also See Human Resources) Day Care, Family or Group Homes; health, safety laws; violations..................... SB 202 Facilities in Shopping Centers, Malls, Office Complexes; licensure...................... SB 222 Foster Care Home Parents, Other Residents; criminal records check.................. SB 244
CHILD CUSTODY Appeals of Decisions; expedited consideration from courts...................................... SB 73 Committee to Study Gender Bias, Expansion of Family Court, Trained Judges, Divorce Laws ........................................................................................................... SR 321 Custody Granted to Relative Effective Until Age 18; periodic review ................. SB 660 Disputes Involving Allegeged Physical, Emotional or Sexual Abuse...................... SB 74 Joint Custody; legal and physical; shared parenting; study committee............... SR 233 Minor Children of a Marriage; children first rule in any divorce ........................ SB 309 Parent-Child Relationships; petition to end legal obligation................................. SB 385 Parental Visitation; supervision orders; evidence of child abuse ............................ SB 71 Parenting Plan Cases Incorporating Joint Legal and Physical Custody.............. SB 187 Parenting Time Rights; presumption of child's right to equal access .................. SB 188
CHILD MOLESTATION Persons Convicted Not Eligible Parole or Early Release ....................................... SB 470 Persons Deemed Sexually Violent Predators; chemical castration............................ SB 5 Sex Crime Offenders; notices of release; residency restrictions............................ SB 375 Sexual Predators; offenses against minors; registration.......................................... SB 39
CHILD SUPPORT (Also See Domestic Relations) Children Placed State Custody; Juvenile Court ordered child support................ SB 334 Enforcement; administrative costs of Department of Labor................................HB 1140 Fatherhood Responsibility for Out-of-Wedlock Births; enforcement........................ SB 58 Judicial Budget Administration Act.......................................................................HB 1617 Legal Obligation of Parenthood; include in sex education courses .....................HB 1654 Liens Upon Motor Vehicles for Child Support Collection....................................HB 1430 Minor Children of a Marriage, Children First Rule in any Divorce..................... SB 309 Orders; life insurance; amount of the premium as part of support ..................... SB 231
Refer to numerical index for page numbers

2322

JOURNAL OF THE SENATE

CHILD SUPPORT (Continued) Parent-Child Relationships; petitions to end legal obligation................................ SB 385 Recovery Registry; employer reports on employe hirings ....................................HB 1307
CHILDREN (See Minors)
CHILDREN & YOUTH SERVICES DEPARTMENT; (Name Change in 1997, See Juvenile Justice Department)
CHIP, CHILDREN'S HEALTH INSURANCE PLAN; Supporting Private Market Initiatives over Medicaid Entitlements.................................................................... SR 525
CHIROPRACTORS License Renewal; continuing education requirements..........................................HB 1435 Voluntary Health Care Services; liability immunity............................................HB 1641
CHURCHES Christian Science Sanatoriums; certificate of need exemption.............................. SB 124 Church Buildings; minimum distance for alcoholic beverage sales ...................... SB 298 Exemption of Property from Ad Valorem Taxation; conditions ...........................HB 1388 Offense of Vandalism to a Cemetery or Memorial; punishment ...........................HB 840 Pandering for Prostitution Prohibited Within Certain Distance........................... SB 158 Vandalism to a Place of Worship Causing Injuries; penalty ................................. SB 226
CITIES (See Municipalities or Local Government)
CITIZENS CHRISTIAN ACADEMY VARSITY BOYS BASKETBALL TEAM, Independent School Association AA State Champions; commend......................... SR 728
CIVIL ACTIONS (Also See Civil Practice or Torts or Courts) Actions Against Land Surveyors for Errors, Omissions; time period.................HB 1154 Actions for Damage to Realty Arising from Synthetic Stucco.............................HB 1157 Actions on Commercial Accounts; parties rejecting settlement offer.................... SB 524 Appeals to Appellate Court; motion for supersedeas; filing; ruling........................ SB 72 Cases Dismissed or Discontinued; recommencement in federal court................HB 1316 Cases Dismissed or Discontinued; recommencement in federal court................HB 1730 Cases Involving Title to Land and Equity; court jurisdiction............................... SR 661 Civil Cases; judgments; damages arising out of a criminal act............................HB 399 Civil Trials; juries consist of six persons; amend Constitution............................. SR 200 Claims Relating to Public Grievances; expenses; recovery ..................................HB 1730 Continuances; grounds; party presiding as a judge; number of............................ SB 299 Conntracts; venue for actions against foreign corporation or nonresident persons; court of jurisdiction................................................................................................. SB 552 Depositions; court reporters; disqualification for interest waiver......................... SB 185 Electronic Records, Signatures, Contracts; legal authenticity............................... SB 433 Evidence; privileged communication; matters of common interest....................... SB 634 Frivolous Actions; litigation expenses; appeal of judgment, rulings..................... SB 623 Insurers; damages for bad faith refusal to pay insured for loss........................... SB 657 Judicial Sales; advertisement of property; legal description.................................. SB 563 Judicial Sales; legal advertisements; property description..................................HB 1406 Land Surveyors; surveys or plats; damage actions; limitation period.................. SB 147 Magistrate Courts; increase monetary jurisdiction in civil claims........................ SB 325 Personal Injury Recovery; reimbursement claims against an insured .................HB 553
Refer to numerical index for page numbers

INDEX

2323

CIVIL ACTIONS (Continued) Probate Courts; jury trials and appeals; allow in certain counties ...................... SB 540 Sport Fishing; limit liability of owner, operators; warning signs .......................HB 1633 Tort-feasors, Joint; apportion damage claims among persons liable..................... SB 637 Tortfeasors; codefendants residing different counties; venue................................. SB 372 Tortious Injury; claims for special damages; admissible evidence........................ SB 636 Torts; actions for injuries; deny certain drivers recover damages ........................ SB 240 Torts; landowners; questions of negligence for hazardous conditions................... SB 213 Torts; liability immunity; vehicle air bags disconnected by owner.......................HB 978 Trespass Upon or Damage to Realty; periods of limitation of actions.................HB 251 Uniform Commercial Code-Investment Securities; rules revision......................... SB 402 Venue; damage actions against a corporation; torts, wrongs or injury................ SB 371 Wrongful Death Actions; recovery amount; surviving spouse's share................HB 1693
CIVIL DEFENSE (See Emergency Management or Military Affairs)
CIVIL PRACTICE (Also See Courts) Actions Alleging Professional Malpractice; expert witnesses................................. SB 640 Civil Cases Dismissed or Discontinued; recommencement..................................HB 1316 Civil Cases Dismissed or Discontinued; recommencement ..................................HB 1730 Claims Relating Freedom of Speech and Public Grievances; expenses ..............HB 1730 Production of Documents; records sought from nonparty practitioner of healing arts; notice to parties of record ......................................................................................HB 395 Secured Transactions; default in payment; repossession of vehicle...................... SB 624 Wrongful Death Actions; 4-year time limitation....................................................... SB 84
CIVIL RIGHTS MUSEUM, RALPH MARK GILBERT; official state museum ...... SB 366
CIVIL WAR HISTORY Charles Hicks; Black Civil War Veteran; recognizing ............................................ SR 642 Civil War Battlefields; issuance of commemorative license plates........................HB 110 Historic Sites Acquisition and Preservation Program............................................ SB 178
CLARKE COUNTY Athens-Clarke County; Coroner; annual salary....................................................HB 1498 Board of Education; nonpartisan elections ............................................................HB 1148 Department of Police Services and Chief Joseph H. Lumpkin; commend ........... SR 778 Property Conveyance; easement; radio transmitting facility; Athens................... SR 530 Superior Court; judges; salary supplement.............................................................. SB 483
CLARKE, JOY EARLENE ANDERSON; express regrets at the passing................ SR 724
CLAY, CHUCK; Senator, District 37; honoring.......................................................... SR 792
CLAYTON COUNTY Magistrate Court; Magistrates; qualifications; 4-year terms................................. SB 683 Probate Court; judge; compensation......................................................................... SB 351
CLINCH COUNTY Board of Education; members; per diem compensation ......................................... SB 685 Designate; William Jackson Moogie Lee Highway................................................HR 1034
CLINICAL LABORATORIES; Examination of Human Specimens; accuracy ......... SB 560
Refer to numerical index for page numbers

2324

JOURNAL OP THE SENATE

COASTAL RESOURCES Bird Islands Citizens Advisory Committee and DNR Staff; commend................. SR 628 Coastal Ground-Water Resources and Upper Floridan Aquifer and Salt-water Intrusion Issues; joint committee to study........................................................... SR 225 Coastal Region Aquarium, Maritime Facility Study Commission; create ............ SR 185 Coastal Zone Counties; surface water withdrawal permits ................................... SB 415 Fish, Salt-water Species; seasons; creel, possession, minimum sizes .................HB 1351 Fishing; commercial crab fishermen; licensing; regulations ................................HB 1444 Fishing Licenses; salt-water; shrimp boats; recreational.....................................HB 1352 Fishing, Shrimping, Boating; licensure; salt-water separation point..................HB 1352 Groundwater; permit to withdraw; application; public interest test.................... SB 414 Land, Water, Wildlife and Recreation Heritage Fund; creation............................ SB 496 Land, Water, Wildlife and Recreation Heritage Fund; tax proceeds ..................HB 1551 Marine Vessels, Outboard Motors, Charter Boats, Marinas, Dealers; certificate of title ........................................................................................................................... SB 515 Shrimping, Commercial and Noncommercial; use of cast nets, seines...............HB 1315 Surface Water Withdrawal; coastal zone counties; permit procedure................... SB 415
COBB COUNTY Board of Commissioners; chairman; personnel powers .......................................... SB 374 Board of Education; election district boundaries ..................................................HB 1906 Board of Education; filling of vacancies; special elections...................................HB 1298 Cobb County-Marietta Water Authority; membership; chairperson....................HB 1834 Commission on Children and Youth; abolish on July 1, 2000............................... SB 701 Designate; Holly Michaels Memorial Bridge; Betty Porterfield Memal Bridge; Dr. J.A. Griffith Commemorative Bridge............................................................HR 1106 Designate; Matthew A. Towery Bridge; Paces Ferry Road Bridge......................HR 1111 Discrimination or Granting Preferential Treatment Prohibited..........................HB 1374 Gateway Center; demonstration highway safety rest area; authorize.................. SB 693 Juvenile Court; judges; change compensation......................................................... SB 501 Juvenile Court; judges; compensation...................................................................... SB 664 Probate Court; judge and clerk; compensation......................................................HB 1761 Probate Court; pilot program of expanded jurisdiction.......................................... SB 609 Property Conveyance; lease land tract to City of Marietta................................... SR 489 Property Conveyance; sell at fair market value to The Walker School................HR 935 Railroad Intermodal Facility in Austell; expressing opposition to........................ SR 614 Sheriff; chief deputy, investigator, executive assistant; salaries.........................HB 1744 State Court; chief judge, judges, associate judges; compensation.......................HB 1694 State Court; clerk and chief deputy clerk; annual salary ....................................HB 1875 State Court; solicitor-general; compensation .........................................................HB 1725 State Court; solicitor-general; compensation...........................................................HB 789 Superior Court Deputy Clerk; annual salary........................................................HB 1877 Superior Court; district attorneys and assistants; annual salary.......................HB 1754 Superior Court; judges; salary supplements..........................................................HB 1731 Tax Commissioner; Chief Clerk, Secretary; compensation...................................HB 1728
COBB JUDICIAL CIRCUIT Superior Court; district attorneys, and assistants; annual salary ....................HB 1754 Superior Court; judges; salary supplements..........................................................HB 1731
COBBLE, WILLIAM E.; honoring memory of............................................................. SR 679
Refer to numerical index for page numbers

INDEX

2325

CODE OF GEORGIA Elections, OCGA Title 21; correct errors and omissions......................................HB 1229 General Assembly; allow convene special veto consideration sessions................. SR 498 General Provisions; classes of personsons; define term 'gender'.........................HB 1774 Georgia Election Code; general and local laws; merge provisions........................ SB 630 Government Agencies; rule-making procedures; Regulatory Reform Act............. SB 416 Laws and Statutes; define 'dependent' legally entitled to support....................... SB 457 OCGA Code Revisions and Modernizations; reenact statutes .............................HB 1228 OCGA Title 48; Internal Revenue Code; incorporate federal laws.....................HB 1596 Public Initiative Petition Process to Enact or Reject Statutes.............................. SR 176 Public Initiative Petition Process to Propose and Amend Laws ............................... SR 8 Public Initiative Process to Propose, Amend, Enact or Reject Laws.................... SR 146 Retirement and Pensions, Title 47; correct errors and omissions.......................HB 1227
COFFEE COUNTY Advisory Committee on Interagency Collaboration in Services............................. SR 738 Designate; David Nipper Memorial Bridge over Seventeen Mile Bridge............. SR 613 Property Conveyance; Douglas-Coffee County Industrial Authority..................... SR 489 Property Exchange; Douglas-Coffee County Industrial Authority......................... SR 488
COHUTTA, CITY OF City Council; mayor as presiding officer; voting...................................................HB 1358 Corporate Limits; annexation..................................................................................HB 1892
COLBERT, JESSE, JR.; recognize upon his retirement............................................ SR 777
COLEMAN, TOM; former State Senator; name 1-95 Chatham County to honor... SR 648
COLLEGES AND UNIVERSITIES (Also See Education or University System) Academic Recognition Day, University System Scholars; commend..................... SR 787 Campus Police Officers, Retirees; carrying firearms on or off duty..................... SB 427 College Campuses; minimum distance for alcoholic beverage sales..................... SB 298 HOPE or PROMISE Grants, Scholarships; eligibility, ineligibility.....................HB 1556 HOPE Scholarships, Grants; criteria to qualify; remedial courses....................... SB 430 Lottery Funded Scholarships; eligibility of students in DCYS school..................HB 939 Medical Schools; geriatric medicine curricula; encourage creation....................... SR 587 National Guard Members; service cancelable educational loans.........................HB 1516 Nonprofit Contractors Providing Services; financial accountability...................... SB 474 North Georgia College ROTC Students; scholarship grants................................HB 1552 Partnership With High Schools to Bring College Credit Courses......................... SB 387 Student Admissions and Scholarship Awards; uniform policies............................ SB 632 Student Loans; failure to pay; suspend, deny professional licenses.....................HB 884 University System; Board of Regents; disposition of works of art .....................HB 1201 University System; GEA(U) membership; projects; bonds; rentals....................... SB 292
COLLINS, ROSCOE; name street in Blairsville to honor.......................................HR 1095
COLUMBIA COUNTY; Coroner; compensation, expenses, benefits.......................HB 1915
COLUMBUS, CITY OF Columbus Day at the State Capitol; recognizing.................................................... SR 663 Municipal Court; subpoena fees, costs...................................................................HB 1595
Refer to numerical index for page numbers

2326

JOURNAL OF THE SENATE

COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS Designate; Betty Porterfield Memorial Bridge; Cobb County..............................HR 1106 Designate; Bobby Eugene Parham Food Service Facility at Central State Hospital.......................................................................................................... SR 588 Designate; C. W. Bradley Highway; Floyd Hulett-Monroe Steelman Memorial Bridge; Will Ross-Charlie Wilson Memorial Bridge........................................................HR 1101 Designate; Charles A. Pannell, Sr. Highway; Chatsworth ...................................HR 1102 Designate; David Nipper Memorial Bridge; Coffee County ................................... SR 613 Designate; David P. Ridgeway Bridge; Butts County .............................................HR 847 Designate; Davis Love III Highway; segment of 1-95; St. Simons......................HR 1097 Designate; Dewey D. Rush Highway; Romie Waters Highway; Clinton Oliver Highway; Tattnall County ......................................................................................HR 812 Designate; Don Saggus, Jr. Memorial Bridge; Wilkes County ............................HR 1154 Designate; Donald Ridley Bridge; Putnam County...............................................HR 1029 Designate; Dr. Deryl Hart Road in Marion County................................................ SR 490 Designate; Dr. J.A. Griffith Commemorative Bridge; Cobb County ....................HR 1106 Designate; Duane Allman Boulevard; R. Berry Oakley Bridge; Macon............... SR 653 Designate; Evelyn S. Wade Highway on Highway 120, Buchanan......................... SR 48 Designate; George B. Culpepper Highway; Peach County ...................................HR 1031 Designate; George T. Smith Highway; Grady County ............................................HR 813 Designate; George W. Ross Highway; City of Eton; Murray County ....................HR 215 Designate; George W. Ross Highway in City of Eton............................................. SR 251 Designate; Gerald H. Leonard Parkway; Murray County ......................................HR 955 Designate; Glenn Gooch Bypass East of Blairsville ...............................................HR 994 Designate; Heart of Georgia Armed Forces Veterans Memorial Intersection; Dodge County....................................................................................................................HR 1106 Designate; Holly Michials Memorial Bridge; Cobb County..................................HR 1106 Designate; Hubert Ervin H. E. Hobbs Highway through Cusseta......................HR 1106 Designate; Hugh Alton Carter Bridge; west of Plains; Webster County.............. SR 655 Designate; Hugh L. Logan Interchange in Athens-Clarke County........................... SR 9 Designate; L. Carlton Gill Highway; Bryan County.............................................HR 1106 Designate; Lacoda Trail Memorial Parkway; Jackson County..............................HR 292 Designate; Lauren 'Bubba' McDonald Parkway; section of 1-85..........................HR 1054 Designate; Matthew A. Towery Bridge; over 1-285 in Cobb County...................HR 1111 Designate; Pearl Harbor Memorial Highway; 1-85 through Troup and Harris Counties..................................................................................................................HR 1092 Designate; Pete Wheeler Georgia War Veterans Memorial Plaza......................... SR 583 Designate; Pete Wheeler Georgia War Veterans Memorial Plaza.........................HR 996 Designate; portions of 1-95 to honor Tom Coleman and Mack Mattingly............ SR 648 Designate; Reddish-Warren Bypass; Wayne County ...............................................HR 741 Designate; Reverend Charles Walter Hayes Memorial Highway and Bridge......SR 252 Designate; Reverend Joseph Edward Grizzle Bridge; Lumpkin County ............HR 1064 Designate; Roscoe Collins Drive; Union County and Ted Hudson Highway; Turner County ....................................................................................................................HR 1095 Designate; S.C. Cadwell Road .................................................................................HR 1106 Designate; The Captain Bobbie Brown Highway; Laurens County ......................HR 931 Designate; Tommy Irvin Parkway; Habersham County......................................... SR 639 Designate; urge memorial to Heart of Georgia Armed Forces Veterans ..............SR 775 Designate; Vickie E. Bell Memorial Bridge; Woodstock .........................................HR 844
Refer to numerical index for page numbers

INDEX

2327

COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (Continued) Designate; W. W. Fincher, Jr., Parkway; Gordon County.......................................HR 954 Designate; Wendy Bagwell Parkway; Paulding County.......................................... SR 316 Designate; William "Billy" Shaw Abney Highway.................................................HR 1106 Designate; William Jackson Moogie Lee Highway; Lanier-Clinch County.........HR 1034 Designation or Naming of Roads and Bridges; State DOT Board powers........... SB 122 Miles, Sergeant J. D. 'Eddie' Bridge, Bacon County; honorary name.................HR 1342 Naming Property Owned by State for Public Officials; restrictions..................... SB 453
COMMERCE AND TRADE (Also See Professions and Businesses) Advertising; printed inserts in newspapers; exempt sales tax............................HB 1656 Agency Relationships; transfer of property ownership; restrictions........................HB 55 Alcoholic Beverages; brewpubs; sales to dealers; brewery tours........................... SB 289 Alcoholic Beverages; distilled spirits, wines; advertising prices.............................. SB 52 Alcoholic Beverages; possession by person under age 21; punishment................ SB 206 Alcoholic Beverages; retail consumption on premises; admission to persons under age 21 prohibited............................................................................................................ SB 378 Alcoholic Beverages; retail sales; location near churches, schools........................ SB 298 Alcoholic Beverages; sales to or purchases for underage persons; increased penalties...................................................................................................................HB 908 Alcoholic Beverages; Sunday sales at motor sport road race tracks .................... SB 537 Automobile Carriers; maximum length, overhang for certain roadways.............. SB 272 Automobile Dealers; low-emission vehicles; certification form............................HB 1596 Automobile Dealers; new low-emission vehicles; certification form....................HB 1161 Banks and Financial Institutions; revise numerous provisions ..........................HB 1354 Banks; deposit account fraud; loan collateral; value of check............................... SB 590 Blind Vendors; guide dogs on premises; service capuchin monkeys.....................HB 714 Business or Industry Emergency Ambulances for Employees; exemption........... SB 424 Cable TV Study Committee; create to study consumer concerns.......................... SR 566 Coin Operated Amusement Machines; licensees; decals; redefine terms, regulated machines; sanctions ..............................................................................................HB 1294 Commercial Printers; services for a nonresident; tax exemptions......................HB 1535 Conditioned Air Contractors; violations; unlicensed persons.................................HB 300 Consumer Credit Reporting Agencies; violations; deceptive practices.................. SB 218 Consumer Privacy in the Marketplace; committee to study.................................. SR 301 Corporations, Partnerships; water pollutant discharges; compliance history; grounds for refusal of surface-water use permits.............................................................HB 1432 Corporations; venue in damage actions for torts, wrongs or injury..................... SB 371 Deceptive Trade Practices; funds withheld; Negative Check-off Act.................... SB 450 Electronic Commerce Study Committee; abolition date, reports........................... SB 433 Electronic or Digital Identifying Information; financial fraud .............................. SB 513 Electronic Records, Signatures, Contracts; legal authenticity............................... SB 433 Financial Identity Fraud, Criminal Offense of; penalties...................................... SB 513 Food Detained or Embargoed as Adulterated or Misbranded; violations...........HB 1209 Food; fresh or frozen seafood, meat or poultry; regulate retail sale from a mobile vehicle....................................................................................................................... SB 500 Franchise Businesses; marketing and contract rights............................................ SB 246 Franchises; telephone, gas, electric, cable companies; fees, taxes......................... SR 544
Refer to numerical index for page numbers

2328

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Continued) Goods Purchased Out-of-State; taxable value; expand sales tax base................HB 1656 Information Technology Policy Council; duties; electronic records........................ SB 433 Land Zoned for Commercial Use; tort liability of owner; insurance .................... SB 388 Limousine Carriers; certificate of public convenience; requirements.................... SB 310 Lobbyists; prohibit gifts or services to individual legislators................................ SB 177 Marketing, Surveys; release of motor vehicle registration records....................... SB 622 Minors Not Admitted; businesses selling Sexually Explicit Material................... SB 669 Motor Vehicle Dealers; heavy-duty equipment vehicles; ad valorem ..................HB 1324 Motor Vehicle Inspection Stations; requirements; standards...............................HB 1707 Motor Vehicle Manufacturers, Distributors, Dealers; liability immunity; owner disconnected or disabled air bag...........................................................................HB 978 Motor Vehicle Repair Shops; registration; training; disclosure ............................. SB 225 Municipal Service Providers; noncompetitive acts against.................................... SB 343 Mutual Insurers; reorganization, mergers, or demutualization............................. SB 595 OCGA Title 10; code revisions and modernizations .............................................HB 1228 Outdoor Advertising; sign regulations; roadside tree trimming............................ SB 337 Outdoor Advertising; tree trim permit; Roadside Beautification Fund................ SR 559 Pawnbrokers; vehicle title pawn transactions; excessive interest......................... SB 239 Payroll Checks; unclaimed wages; disposition after one year ............................... SB 217 Physically Disabled Persons; admittance to facilities.............................................HB 351 Power of Attorney; clarify when agent's authority terminates.............................. SB 183 Professional, Business, Occupation Licenses; revocation grounds; failure to pay student educational loans.......................................................................................HB 884 Professional Employer Organizations; licensing; employee leasing ...................... SB 126 Recycling and Economic Development Study Committee; create.......................... SR 112 Regulatory Agencies; reform rule-making procedure; economic impact............... SB 416 Rental Companies; false advertising of vehicle rental rates ................................. SB 621 Rental Motor Vehicle Agreements; collision damage waivers................................ SB 167 Rental Vehicles; excise tax on cash or credit charges; reporting ........................HB 1582 Retail Eating and Drinking Industry; employer income tax deduction..............HB 1437 Retail Gasoline Fuel Sales; driver leaving premises without paying.................HB 1578 Retail Installment Contracts; prepayment refunds; retailer costs......................HB 1349 Sales Tax Reporting; deduction of bad credit card debt ......................................HB 1660 Sales Tax Returns; retail dealers; unidentifiable proceeds ..................................HB 1784 Secured Transactions; default in payment; repossession of vehicle...................... SB 624 Securities Dealers; certain split commissions not unethical.................................... SB 13 Securities Investments, Advisors; regulations; conform federal Act...................HB 1372 Selling Candy, Toys, Novelty Items Packaged Like Drug Paraphernalia................ SB 6 Shopping Malls, Office Complexes; child care facilities; licensure........................ SB 222 Small Consumer Loan Industry; joint committee to study.................................... SR 668 Small Consumer Loan Industry Study Committee................................................. SR 698 Tax Apportionment; corporations planning new, expanded facilities..................HB 1353 Tax Credit; creating jobs; increasing product exports, port traffic .....................HB 1667 Tax Credits; jobs, retraining; investments; carry-forward period........................HB 1596 Technology Education to Prepare Students; joint committee to study................. SR 676 Telecommunication Company Service Charges; customer authorization.............. SB 680 Telecommunications Marketing Act of 1998; enact...............................................HB 1130 Telemarketing Calls to Induce Purchase of Goods, Services; regulate................. SB 694
Refer to numerical index for page numbers

INDEX

2329

COMMERCE AND TRADE (Continued) Telephone Customer's Primary Long Distance or Local Carrier; study committee on unauthorized changes............................................................................................. SR 732 Telephone Solicitors; unsolicited calls, blocking caller ID service; prohibited actions; enforcement................................................................................................................HB 71 Theft by Shoplifting; Municipal Court jurisdiction...............................................HB 1206 Theft by Shoplifting; property value defines misdemeanor or felony.................HB 1392 Ticket Sales; admission to entertainment events; service charges....................... SB 639 Use of Threat or Force in Defense of Self or Place of Business .........................HB 1360 Used Motor Vehicle Dealers; licensing requirements, restrictions........................ SB 692 Used Motor Vehicle Dealers; notify buyer of prior ownership, uses..................... SB 530 Warehousemen and Grain Dealers; breach of conditions of a bond ...................HB 1211 Warehousemen; electronic warehouse receipts issued for cotton........................... SB 544
COMMERCIAL CODE OCGA Title 11; code revisions and modernizations .............................................HB 1228 Uniform Commercial Code-Investment Securities; rules revision......................... SB 402
COMMISSIONS, BOARDS Agricultural Commodity Commission for Peanuts; overview committee..............SB 365 Bipartisan Joint Commission on Sentencing Reform ............................................. SR 477 Blue Ribbon Commission on State Government Facilities.....................................HR 742 Board of Corrections; change name to Board of Prisons........................................ SB 671 Board of Natural Resources; enforcement; federal Clean Air Act.......................HB 1707 Civil War Commission; historic sites acquisition and preservation...................... SB 178 Claims Against the State; computer software failures; no liability...................... SB 638 Coastal Region Aquarium, Maritime Facility Study Commission; create ............ SR 185 Commission on 250th Anniversary of a Representative Assembly .......................HR 998 Composite State Board of Medical Examiners; allow function as separate independent agency to regulate medical practitioners..............................................................HB 932 Consolidated Board for Primary Care Medical Education; create ........................ SB 391 Corrections; educational programs; re-employment of teachers ............................ SB 156 Corrections; income and expenditures; independent CPA audit............................ SB 465 Cotton Growers; advisory committee; Boll Weevil Eradication Program ...........HB 1242 Educators; Professional Practices Commission; abolish; transfer functions to Professional Standards Commission ..................................................................... SB 535 Foundation for Public Broadcasting in Georgia, Inc.; former employees retirement................................................................................................................HB 885 Georgia Board for Physician Workforce; creation ................................................... SB 533 Georgia Commission on the Holocaust; creation...................................................HB 1664 Georgia Commission on Women; clarify activities; members acting in official capacity not lobbying; expense reimbursement...................................................................HB 761 Georgia DUI Study Commission; create .................................................................. SR 680 Georgia EMS Medical Directors Advisory Council, Review Board........................ SB 543 Georgia Firefighter Standards and Training Council; authority.........................HB 1270 Georgia Golf Hall of Fame Authority, Board; powers, duties..............................HB 1126 Georgia Public Telecommunications Commission; employees retirement.............HB 885 Income Tax Reform; create joint commission to study tax structure................... SR 593 Indemnification of State Highway Employees; amend Constitution....................... SR 64
Refer to numerical index for page numbers

2330

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS (Continued) Indemnification, State Commission; add Transportation Commissioner.............. SB 117 Information Technology Policy Council; add DOT Commissioner......................... SB 555 Information Technology Policy Council; duties; electronic records........................ SB 433 Joint Board of Family Practice; change name; purpose......................................... SB 533 Judicial Qualifications Commission; powers; probate court judges.......................HB 516 Land, Water, Wildlife, and Recreation Heritage Fund Advisory Council; creation; appointment by Governor....................................................................................... SB 496 Local Government Authorities Sunset Act; enact................................................... SB 561 Local Governments; Multijurisdictional Service Commissions .............................. SR 564 Metropolitan Area Planning and Development Commissions; membership ........ SB 556 Motor Vehicle Repair Advisory Council; create....................................................... SB 225 Motor Vehicles Purchased Public Funds; visible identifying markings................HB 624 Music Hall of Fame Authority; transfer functions, personnel to Department of Community Affairs; Advisory Committee created............................................... SB 569 Pardons and Paroles Board; abolish; grant authority to General Assembly; amend Constitution............................................................................................................. SR 215 Pardons and Paroles Board; citizen inquiry; electronic call system ....................... SB 23 Pardons and Paroles Board; limit authority to parole persons convicted crimes committed upon children........................................................................................ SR 487 Pardons and Paroles Board; limit powers to grant parole..................................... SR 463 Pardons and Paroles Board; persons ineligible parole, early release ................... SB 162 Pardons and Paroles Board; votes cast by members; public inspection............... SB 201 Public Property; private leasehold interest subject tax assessment..................... SB 645 Roadside Enhancement and Beautification Council; creation ............................... SB 337 Southern Dairy Compact Commission to Regulate Milk Prices; create............... SB 420 Sports Hall of Fame Authority; purpose, powers, duties; members....................HB 1419 State Board of Education; new method of selection; election of members by General Assembly.................................................................................................................... SR 37 State Board of Pharmacy; organization; authority; enforcement power...............HB 330 State Board of Transportation; powers; names of roads and bridges................... SB 122 State Board of Workers' Compensation; audits; Self-insurers Trust Fund.......... SB 166 State Boxing Commission; regulate professional boxing matches.........................HB 396 State Campaign and Financial Disclosure Commission; findings; request for legal opinion...................................................................................................................... SB 546 State Commission on the Condemnation of Public Property; powers in water quality emergencies.............................................................................................................. SB 319 State Employment Qualifications; home study graduates ..................................... SB 412 State Examining Boards; judicial review of revocation decisions......................... SB 344 State Government Services; create 12 delivery regions by counties...................HB 1650 State Government Waste Task Force; create; recommendations........................... SR 171 State Institutions; recycled paper products; 95 percent requirement................... SB 574 State Properties Commission; Secretary of State serve as secretary................... SB 172 State Waste-water Privatization Oversight Committee; powers, duties .............HB 1163 Stone Mountain Memorial Association; purposes; use of revenue funds ............. SB 367 Study Commission on Promoting Aerospace Development, Commercial Space Activities, and Telecommunications Technology.................................................... SR 46 Vehicles Purchased With Public Funds; identifying decal or seal ......................HB 1461
Refer to numerical index for page numbers

INDEX

2331

COMMITTEES, STUDY (Also See Commissions, Boards) Automobile and Motorcycle Insurance Policy Cancellation and Nonrenewal Study Committee................................................................................................................ SR 273 Blue Ribbon Study Committee on Funding Quality Basic Education Act........... SR 467 Cable TV Study Committee....................................................................................... SR 566 Campaign Finance Reform and Ethics Study Committee...................................... SR 333 Certificate of Need for Long-term Care Facilities Study Committee.................... SR 600 Coastal Region Aquarium and Maritime Facility Study Commission.................. SR 185 Coffee County; Advisory Committee on Interagency Collaboration...................... SR 738 Confined Swine Feeding Operations Study Committee.......................................... SR 840 Cotton Warehousing and Marketing Study Committee.......................................... SR 786 Creation of Office of Women's Health Within DHR Study Committee ................ SR 543 Decentralizing State Government Study Committee.............................................. SR 523 Driver's Education Study Committee......................................................................... SR 17 Electronic Commerce Study Committee; abolition date, reports........................... SB 433 Emergency Medical Technicians' Public Retirement System................................. SR 681 Emergency 911 Advisory Committee to Implement Statewide System................ SB 572 Franchise Fees and Conditions, Public Rights of Way and Tax Implications of Competitive Markets............................................................................................... SR 544 Georgia DUI Study Commission............................................................................... SR 680 Georgia National Guard Future Mission Requirements Study Committee......... SR 382 Historic Preservation, Joint Study Committee........................................................ SR 552 Information Technology Relating to Technical Institutes and Public Libraries Study Committee................................................................................................................ SR 334 Joint Campaign Finance Reform Study Committee................................................ SR 270 Joint Coastal Ground-Water Resources Study Committee..................................... SR 225 Joint Georgia Transportation Study Committee..................................................... SR 303 Joint Georgia Transportation Study Committee.....................................................HR 464 Joint Highway Safety Study Committee................................................................HR 1066 Joint Overview Committee, Agricultural Commodity Commission for Peanuts.. SB 365 Joint Property Tax Study Committee....................................................................... SR 275 Joint Study Committee on Baldwin County State Properties............................... SR 151 Joint Study Committee on Consumer Privacy in the Marketplace....................... SR 301 Joint Study Committee on Cost Analysis Prison and Jail Construction.............. SR 172 Joint Study Committee on Historic Preservation ................................................... SR 302 Joint Study Committee on Home Study Programs..................................................... SR 4 Joint Study Committee on Issuance State and Local Bond Indebtedness........... SR 290 Joint Study Committee on School Choice Vouchers.................................................. SR 21 Joint Study Committee on Stroke Awareness and Impact on Citizens..............HR 1000 Joint Study Committee, Wireless Enhanced 911 Charges; 2002 Session............. SB 572 Joint Subsequent Injury Trust Fund Study Committee......................................... SR 279 Local Assistance Grants, Joint Study Committee................................................... SR 674 Municipal Law Enforcement Employment Study Committee................................ SR 633 Nonviolent Felony Substance Abuse Impact Study Committee............................. SR 780 Property Tax Study Committee................................................................................. SR 274 Public Education Disciplinary Reform Study Committee....................................... SR 632 Random Student Drug Testing Study Committee....................................................... SR 5 Recycling and Economic Development Study Committee....................................... SR 112 River Basin Management Planning; local advisory committees..........................HB 1592
Refer to numerical index for page numbers

2332

JOURNAL OF THE SENATE

COMMITTEES, STUDY (Continued) Rural Hospitals Study Committee............................................................................ SR 841 School Health Care Joint Study Committee............................................................ SR 677 School Support Personnel, Joint Study Committee................................................. SR 646 Senate Committee on School Choice Vouchers.......................................................... SR 22 Sentencing Reform, Bipartisan Joint Commission on ............................................ SR 477 Small Consumer Loan Industry, Joint Study Committee...................................... SR 668 Small Consumer Loan Industry Study Committee................................................. SR 698 State Government Facilities; study locating a new central complex....................HR 742 State Income Tax Reform, Joint Study Commission .............................................. SR 593 State Office Campaign Finance Joint Study Committee........................................ SR 255 State Office Campaign Finance Study Committee.................................................. SR 254 State Waste-water Privatization Oversight Committee........................................HB 1163 Stream Buffers, Joint Study Committee.................................................................. SR 644 Study Commission on Promoting Aerospace Development, Commercial Space Activities, and Telecommunications Technology .................................................... SR 46 Study Committee on Adapted Sports Programs...................................................... SR 263 Study Committee on Appropriate Medicaid Reform............................................... SR 371 Study Committee on Child Custody; create............................................................. SR 321 Study Committee on Controlled School Choice....................................................... SR 366 Study Committee on Cosmetology Curriculum ....................................................... SR 319 Study Committee on DeKalb County's Form of Government................................ SR 386 Study Committee on Effectiveness and Efficiency in State Government............. SR 367 Study Committee on Link Between Violence Toward Animals and Violence Towards Humans...................................................................................................................... SR 89 Study Committee on Presumption Joint Legal and Physical Child Custody....... SR 233 Study Committee on School Support Personnel...................................................... SR 397 Study Committee on Simplification of Automobile Registration and Taxation... SR 272 Study Committee on Simplification of Automobile Registration and Taxation, Joint.......................................................................................................................... SR 271 Technology Education Study Committee.................................................................. SR 676 Telephone Customer's Primary Long Distance or Local Exchange Carrier, Study Committee on Unauthorized Changes.................................................................. SR 732 Vocational Student Organizations, Joint Study Committee................................... SR 557 Vocational Student Organizations Study Committee.............................................. SR 597 Welfare and Health Care Reform, Impact on Working Georgians Study Committee.....................................................................................................SR 395 Women's Health Care Issues Study Committee...................................................... SR 340
COMMUNITY AFFAIRS DEPARTMENT Building Permits; protective codes, standards; resolving conflicts........................ SB 212 Commissioner; economic review panel; taxation of corporations.........................HB 1353 Commissioner; membership on Information Technology Policy Council.............HB 1404 Duties; assist Music Hall of Fame Authority; transfer personnel......................... SB 569 Duties; local government authorities registration information............................HB 1557 Local Government Authorities Sunset Act; obligations and assets....................... SB 561
COMMUTER RAIL SERVICE; Mass Transportation; local government contracts.......................................................................................................................HB 236
Refer to numerical index for page numbers

INDEX

2333

COMPENSATION RESOLUTIONS Claims Against the State; Ailerua A. Newsome Crawford ..................................HR 1055 Claims Against the State; Ann C. Bennett..............................................................HR 782 Claims Against the State; computer software failures; no liability...................... SB 638 Claims Against the State; E. C. Fogg III, Nancemede Plantation........................HR 784 Claims Against the State; Emma Lee Byrd............................................................HR 788 Claims Against the State; George Cox.....................................................................HR 783 Claims Against the State; Guy's Automotive ..........................................................HR 733 Claims Against the State; Harold I. Brown ..........................................................HR 1024 Claims Against the State; Henry C. Batson..........................................................HR 1142 Claims Against the State; Henry Elroy Griffis.......................................................HR 956 Claims Against the State; inmates in custody; exclude compensation................. SB 423 Claims Against the State; James A. Hayes.............................................................HR 789 Claims Against the State; Jimmy W. Harrell; Outland Plantation ......................HR 786 Claims Against the State; Loretta Cummings ........................................................HR 866 Claims Against the State; Meredith B. (Merry) Chandler.....................................HR 861 Claims Against the State; R. G. Heard....................................................................HR 787 Claims Against the State; Ronnie Cox.....................................................................HR 785 Claims Against the State; Tom Bradbury................................................................HR 790 Claims Against the State; Wanda Torbert...............................................................HR 837
COMPULSORY SCHOOL ATTENDANCE; School Year; lengthen student days...HB 244
COMPUTERS (See Electronic or Telecommunications)
CONASAUGA RIVER; gift of land from Carlton Petty for buffer zone................... SR 594
CONCORD BAPTIST CHURCH, MEMBERS SANG INSPIRATIONAL SONG..Page 333
CONDITIONED AIR CONTRACTORS; violations; unlicensed persons; penalty....HB 300
CONFLICTS OF INTERESTS (See Ethics or Elections)
CONGRESS, U.S. (Also See Federal Government) Declaring Georgia's Sovereignty Under the U.S. Constitution................................ SR 74 Unemployment Insurance; request state project to run own UI System............. SR 351 Urge Congressman Bob Barr Help Resolve West Point Lake Problems.............. SR 353 Urge Disaster Assistance to Farmers for Crop Production Losses ....................... SR 492 Urge Environmental Protection Agency to Hold Hearings in NW Georgia on Proposed Chemical Weapons Incinerator in Anniston, Alabama ....................................... SR 152 Urge Grant Citizenship to Hniong and Lao Soldiers Who Served with U.S. Armed Forces during Vietnam War................................................................................... SR 474 Urge Increased Federal Funds to Control Red Imported Fire Ants.....................HR 842 Urge Increased Federal Funds to Control Tomato Spotted Wilt Virus ................HR 843 Urge Oppose Efforts to Lift Sanctions Against Fidel Castro's Communist Dictatorship in Cuba..................................................................................................................... SR 662 Urge Prohibit Noncompete Clause; Federally Funded Health Clinics.................. SR 692 Urge Protect Farmers Under Federal Crop Insurance Program ...........................HR 856 Urge Reduce Motor Fuel Tax on Low Sulphur Fuels to Encourage Use............. SR 591 Urge Support Religious Freedom Amendment to U.S. Constitution..................... SR 761
CONSERVATION AND NATURAL RESOURCES (See Natural Resources or Environmental Protection)
Refer to numerical index for page numbers

2334

JOURNAL OF THE SENATE

CONSTITUTIONAL AMENDMENTS Abolish Parole; Persons Convicted Crimes Defined by General Assembly........... SR 463 Ad Valorem Tax on Tangible Property; eliminate state taxing power.................. SR 541 Ad Valorem Taxation; Residential Property Assessed at Fair Market Value as of Date Owner Acquired....................................................................................................... SR 472 Ad Valorem Taxes; property appraisal; owner's purchase price value.................. SR 558 Authority to Pardon or Parole Vested in General Assembly; abolish State Board of Pardons and Paroles ............................................................................................... SR 215 Bills for Revenue or Appropriate Money; originate in House of Representatives or Senate......................................................................................................................... SR 55 Cases Involving Title to Land and Equity; concurrent jurisdiction of superior and probate courts.......................................................................................................... SR 661 Civil Trials; provide for trial juries of six persons ................................................. SR 200 DUI Offenses; add penalties; allocate to Brain and Spinal Injury Trust Fund.. SR 144 Elections; members of the Georgia Senate; change minimum age ......................... SR 41 Elections; members of the Georgia Senate for Four-year Terms........................... SR 161 General Assembly; provide for special veto consideration sessions....................HR 1035 General Assembly; special veto consideration sessions.......................................... SR 498 General Assembly; term limitations; six two-year terms....................................... SR 216 Indemnification of State Highway Employees Killed or Permanently Disabled in Line of Duty........................................................................................................................ SR 64 Land, Water, Wildlife and Recreation Heritage Fund; creation............................ SR 532 Local Governments Creating Multijurisdictional Service Commissions............... SR 564 Local School Superintendents; provide for election of.............................................. SR 76 Lottery for Education Proceeds; specify purposes and programs........................HR 1002 Lottery Proceeds; appropriations; specify educational priorities........................... SR 529 Motor Vehicle Taxation Specified by General Assembly; disposition of license and registration fees....................................................................................................... SR 132 Municipal Jails; funding for construction, operation, staffing; additional criminal or traffic law penalties................................................................................................ SR 331 Persons Convicted Crimes Against Children; parole restrictions.......................... SR 487 Persons Ineligible Public Office; defaulters, delinquent taxpayers ........................... SR 6 Provide for an Environmental Trust Fund; reparation of damages ....................... SR 86 Public Initiative Petition Process for People to Propose or Amend Laws in State-wide Referendums................................................................................................................ SR 8 Public Initiative Petition Process to Enact or Reject Statutes and Amendments to Constitution ............................................................................................................. SR 176 Public Initiative Process for People to Propose, Enact, Reject Laws.................... SR 146 Recycling and Solid Waste Reduction Fund; provide by general law..................... SR 56 Roadside Enhancement and Beautification Fund; creation; revenue ................... SR 559 State Appropriations; prohibit total outlays exceeding revenue sources; requirements to enact taxes, fees, assessments .......................................................................... SR 248 State Board of Education; election from each congressional district by General Assembly.................................................................................................................... SR 37 State Budget; unappropriated surplus funds; taxpayer refund............................. SR 533 State Departments and Agencies; establish expenditure limitation; provide state reserve fund; refund of excess revenues............................................................... SR 177 State Government Waste Task Force; create; legislative action............................ SR 171 State School Superintendent; provide election on nonpartisan basis................... SR 612
Refer to numerical index for page numbers

INDEX

2335

CONSTITUTIONAL AMENDMENTS (Continued) State School Superintendent; qualifications for office; 5-year college degree, 3-years employed as teacher................................................................................................ SR 170 State Taxes, Fees, Assessments and Charges; general bills authorizing; approval by 2/3's of General Assembly................................................................. SR 147 Water Resources Authority; creation; protect rivers from pollution..................... SR 545
CONSTITUTIONAL OFFICERS (See Public Officers and Employees)
CONSTRUCTION (Also See Contractors or Contracts) Application of Synthetic Stucco; actions for damage to realty ............................HB 1157 Building Permit Forms; printed text; property subject to lien laws...................HB 1337 Conditioned Air Contractors; unlicensed persons; violations.................................HB 300 Electricians; contractors; Journeyman Licensing Act............................................. SB 597 Home Improvement Contracts; regulate; requirements of contractors................. SB 295 Housing Trades; job skills training program for certain youth............................... SB 68 Industry; historic preservation rehabilitation benefits; study............................... SR 302 International Building Safety Week; proclaim......................................................HR 1155 Mechanics and Materialmen's Liens; failure to file; voiding record...................HB 1696 Public Swimming Pools; design and construction requirement............................. SB 438 Residential Housing; effect of proposed legislation or agency rules..................... SB 275 Soil Erosion Control Along Banks of State Waters, Trout Streams ...................HB 1593 Structures Under Construction; dangerous or defective conditions...................... SB 608
CONSUMER TRANSACTIONS (Also See Selling and Other Business Practices) Agriculture Commissioner; subpoena powers; records of licensees....................... SB 102 Automobile Personal Security Alarm Systems; insurance discounts .................... SB 696 Consumer Credit Reporting Agencies; enforcement of federal law....................... SB 218 Consumer Privacy; invasive omputer technologies; study of................................. SR 301 Drinking Water; customer rates; private-owned public water systems................ SB 252 Insurance Rates; prohibit use insured's consumer credit history......................... SB 652 Motor Vehicle Repairs; estimates; guarantees; replacement parts........................ SB 225 Perishable Foods Sold at Retail; labeled; expiration date........................................ SB 96 Public Utilities; customer payment centers; contract terms.................................. SB 654 Public Utility Companies; customer payment centers............................................ SB 653 Rental Property; landlords; disclose name, address, telephone number.............. SB 281 Retail Installment Contracts; prepayment refund credit; deductions.................HB 1349 Small Consumer Loan Industry; joint committee to study.................................... SR 668 Small Consumer Loan Industry Study Committee................................................. SR 698 Telecommunication Company Service Charges; customer authorization.............. SB 680 Telemarketing Calls to Induce Purchase of Goods, Services; regulate................. SB 694 Telemarketing Conduct Violations; nonlocal advertisements; advance payment; security offerings; charitable solicitations..........................................................HB 1420 Telephone Companies; customer invoices; new or changed services..................... SB 522 Telephone Customer's Primary Long Distance or Local Carrier, Study Committee on Unauthorized Changes to Prevent Slamming...................................................... SR 732 Telephone Solicitors; blocking unsolicited calls; PSC database............................... HB 71
CONTRACTORS Building Permit Forms; printed text; property subject lien laws........................HB 1337 Conditioned Air Contractors; violation; unlicensed persons; penalty...................HB 300
Refer to numerical index for page numbers

2336

JOURNAL OP THE SENATE

CONTRACTORS (Continued) Electrician, Journeyman Licensing Act; qualifications; renewal........................... SB 597 Home Improvement Contracts; requirements; bonds; notice of lien..................... SB 295 Improved Real Estate; mechanics and materialmen's liens; records..................HB 1696 Public Works Contracts; withdrawal of bid without forfeiting bond...................HB 1666 Public Works Projects; prohibit employ illegal aliens; penalty.............................. SB 257
CONTRACTS Civil Actions on Commercial Accounts; rejection of settlement offer................... SB 524 Claims and Disputes; venue; court of jurisdiction.................................................. SB 552 Counties, Municipalities; bidding procedures; multiyear contracts.........................HB 32 Counties, Municipalities; construction projects bidding procedures; vendors and multiyear contracts...................................................................................................HB 32 Counties, Municipalities; contracts for private toll roads, bridges......................HB 1486 Counties of 550,000 or More; purchasing; public letting and bids .....................HB 1452 Electronic Documents, Signatures; legal authority and integrity......................... SB 433 Home Improvement Contracts; regulations; contractor requirements.................. SB 295 Local Governing Authorities Providing Utility Services; contracts.....................HB 1160 Local School Systems; multiyear contracts; limitation exclusion.......................... SB 336 Mass Transportation; local transit services; contracts; elections ..........................HB 236 Public Works Contracts; bids; requirements; emergency situations ..................... SB 229 Public Works Projects; contractors; prohibit employ illegal aliens ....................... SB 257 Public Works; withdrawal of bid without forfeiture of security...........................HB 1666 Retail Installment; prepayment refund credit; retailer deductions.....................HB 1349 Security Interests; sellers or purchasers; Uniform Commercial Code.................. SB 402 State Government; granting of contracts; prohibited criterion.............................. SB 472 State Projects Requiring Professional Services; selection process......................... SB 437 Surrogate Parenting; in vitro fertilization; affirm parent status.......................... SB 451
CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies or Crimes) Controlled Stimulant Drugs; phenylpropanolamine; prohibited sales .................. SB 208 Dangerous Drugs; change listing; provisions relating carisoprodol ....................HB 1252 Dangerous Drugs Used for Adverse Reaction to Vaccines; possession................... SB 20 Drugs; accusation of illegal activity; declare property a nuisance............................ SB 7 Drugs; felony convictions; prohibit grant license to carry a pistol....................... SB 350 Nonviolent Felons; drug addiction treatment; committee to study....................... SR 780 Pharmaceuticals; revise Georgia Pharmacy Practice Act.......................................HB 330 Violations; prosecuting attorneys; assistant district attorneys.............................. SB 523 Workplace Drug Testing; certain elected state officers; procedures...................... SB 455
COOK, ROBERT; Georgia Artist of the Year; commend........................................... SR 568
COOSA MIDDLE SCHOOL CLASSROOM IN THE WILD CENTER; recognize...SR 763
CORDELE-CRISP COUNTY PISH PRY AND CIVIC LEADERS; recognizing....... SR 625
CORONERS (See Medical Examiners or Public Officers)
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Banking Corporations; stock shares; eliminate tangible property tax.................. SR 541 Banks and Financial Institutions; revise numerous provisions ..........................HB 1354 Business Corporations; torts, wrongs, injury damage actions; venue................... SB 371 Contracts; claims, disputes; judicial, arbitral resolution; venue............................ SB 552
Refer to numerical index for page numbers

INDEX

2337

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS (Continued) Corporate Garnishees; persons authorized represent corporation......................... SB 477 Electronic Records, Signatures; legal authenticity.................................................. SB 433 Lobbyists; prohibit gifts or services to individual legislators................................ SB 177 Mutual Insurers; reorganization plans, mergers, or demutualization.................. SB 595 Nonprofit Corporations; two or more volunteer fire departments........................... SB 30 Nonprofit; Hospital Authorities and transactions between directors.................... SB 261 OCGA Title 14; code revisions and modernizations .............................................HB 1228 Regional Development Centers; for-profit corporations.......................................... SB 389 Taxation; apportionment of income; new or expanded facilities..........................HB 1353 Uniform Commercial Code-Investment Securities; rules revisions....................... SB 402 Water Pollution and Surface-water Use; permits; grounds for refusal...............HB 1432
CORRECTIONS (Also See Inmates or Jails) Change Name to Georgia Bureau of Prisons; conform definitions........................ SB 671 Children in State Custody; education services; judicial proceedings..................HB 1183 County Coroners; compensation; duties at correctional institutions...................HB 1413 Department; certification of records; admissible evidence ....................................... SB 47 Department; employees assigned teaching duties; compensation ......................... SB 613 Department; full-time teachers previously separated; re-employment................. SB 156 Department; probation officers; disability benefits................................................. SB 326 Employees; public records revealing home address or other personal information; disclosure not required.........................................................................................HB 1499 Facilities; income and expenditures; independent CPA audit................................ SB 465 Halfway Houses or Drug Rehab Locations; proposed zoning decisions................ SB 600 Inmate Parole Considerations; citizen input; electronic call system....................... SB 23 Inmates; claims for alleged property damage; no compensation paid.................. SB 423 Inmates Convicted Felony Crimes; no parole, early release or reduced incarceration until serve 90% of sentence ................................................................................... SB 494 Inmates Convicted of Serious Felony Crimes; no parole or early release, serve 90% of sentence.................................................................................................................... SB 448 Inmates; costs of incarceration; reimbursement to state ........................................... SB 3 Inmates; criminal sentencing; examine, restructure current system.................... SR 477 Inmates; felony offenders; not eligible parole or reduced sentence .......................... SB 4 Inmates; identification and separation of street gang members.........................HB 1391 Inmates; parole restrictions; convicted crimes against children............................ SR 487 Inmates; parolees; services, programs; require payment of fees........................... SB 449 Inmates; probation supervision; eliminate 2-year limit.......................................... SB 581 Inmates; sentencing documents; transmittal of information ...............................HB 1254 Inmates; sex offenders; parole conditions; chemical castration.................................SB 5 Inmates; sex offenders; parolees; residency information disclosure....................HB 1274 Inmates; sexually violent predators; failure to register; penalties........................ SB 498 Inmates; sexually violent predators; registration upon release; reporting changes in address ....................................................................................................................... SB 39 Juvenile Felons; development of training camps to rehabilitate............................. SB 18 Municipal Correctional Officers; Administrative Investigators; peace officer certification..............................................................................................................HB 791 Nonviolent Felons; drug addiction treatment; committee to study....................... SR 780
Refer to numerical index for page numbers

2338

JOURNAL OF THE SENATE

CORRECTIONS (Continued) Pardon or Parole Authority Vested in General Assembly; abolish State Board of Pardons and Paroles ............................................................................................... SR 215 Pardons and Paroles Board; votes cast by members; release to public................ SB 201 Parole; felony criminal offenders not eligible; serve full sentence........................ SB 100 Persons Required to Perform Work as Punishment; hours in work day.............. SB 633 Prison and Jail Construction Cost Analysis; committee to study......................... SR 172 Prisoner Litigation; civil actions; appeals require an application......................... SB 370 Probationers Charged With a Misdemeanor Involving Injury or Threats ............. SB 46 Probationers; increase monthly supervision fee; purpose defined......................... SB 409
COSMETOLOGY Licensure of Persons Engaged in Occupation of; education; training................... SB 615 Study Committee on Cosmetology School Curriculum ........................................... SR 319
COTTON Assessments Levied to Cover Cost of Boll Weevil Eradication Program ...........HB 1242 Electronic Warehouse Receipts; insured and approved providers......................... SB 544 Ginning, Warehousing, Marketing; Committee to Study....................................... SR 786
COUNTIES (Also See Local Government) Ad Valorem; assessment, appraisal of residential property; freeze existing values......................................................................................................... SR 472 Ad Valorem; assessment notices; refund tax when difference between assessed value and lower sales price.............................................................................................. SB 529 Ad Valorem; conservation use property; breach of renewal covenant.................HB 1365 Ad Valorem; exemption; livestock, farm products, trees and plants...................HB 1350 Ad Valorem; homestead exemption; qualification; recorded deed........................HB 1474 Ad Valorem; homestead exemptions; applicant filing deadlines..........................HB 1464 Ad Vd Valorem; penalties, interest distribution; freeport exemptions................HB 1178 Ad Valorem; property appraisal; no more than purchase price value.................. SR 558 Ad Valorem Tax Digests; completion date; time period for appeals ..................... SB 137 Ad Valorem; taxation of heavy-duty equipment motor vehicles..........................HB 1324 Alcoholic Beverages; permitting, licensing retail sales; locations ......................... SB 111 Alcoholic Beverages; Sunday sales at motor sport road race tracks .................... SB 537 Annexation; effective date; zoning; land classification objections .......................HB 1603 Authorities Established in Counties of 400,000; charitable grants....................... SB 567 Authorities Operating in Counties; registration reporting procedure.................HB 1557 Boards, Departments of Health and Wellness; change in name.........................HB 1412 Boards of Health; boundaries for the delivery of services..................................... SB 317 Boards of Health; membership; school superintendent or designee ..................... SB 666 Boards of Health; transferred employees of community service boards............... SB 360 Bond Elections; date of November general election; exception.............................. SB 256 Building Permit Forms; printed text; property subject lien laws........................HB 1337 Capital Felony Prosecutions; expenses eligible for reimbursement......................... SB 56 Cities or Counties; employee insurance and benefits; extend only to spouses and dependent children.................................................................................................. SB 435 Computer Software Failure; processing Year 2000 dates; no liability.................. SB 638 Contracts; bid procedures; buildings constructed for lease to state agencies; vendors and multiyear contracts............................................................................................HB 32 Contracts for Private Toll Roads, Bridges, Highway Approaches.......................HB 1486
Refer to numerical index for page numbers

INDEX

2339

COUNTIES (Continued) Contracts; public works; bids; requirements; emergency situations..................... SB 229 Counties of 180,000; courts requesting judicial assistance.................................... SB 688 Counties of 180,000 or More; county administrators; appointment...................... SB 136 Counties of 400,000 or Less; exception for Taxicab Self-insurers.......................HB 1448 Counties of 550,000 or More; purchasing; public letting and bids .....................HB 1452 County Boundary Lines; petitions to change; procedures...................................... SB 380 Courthouses; alternative locations; additional sites..............................................HB 1413 Disability Commissions; establish to meet needs of the disabled......................... SB 383 Election Qualifying Fees for Certain Offices Percent of Salary ..........................HB 1202 Elections; ballots; electronic voting systems, optical scanning tabulators; elector lists; official's training....................................................................................................HB 1268 Employment Benefits; in lieu cash compensation prohibited.................................. SB 32 Fines or Forfeitures; funds requested by municipalities........................................ SB 607 Fire Insurance Rates; property location to responding fire station...................... SB 511 Fire Insurance; request for a rating class variance; response time; fire prevention districts; local government requests...................................................................... SB 512 Franchise Fees and Conditions, Public Rights of Way and Revenue Implications; joint committee to study.................................................................................................. SR 544 Hospital Authorities Law; substantially revise provisions...................................HB 1101 Hospital Authority Operating Largest State Facility; membership...................... SB 580 Hotel-Motel Excise Tax; authority; maritime trade center; museums..................HB 706 Hotel-Motel Excise Tax; cap aggregate tax rates; certain counties ......................HB 609 Hotel-Motel Excise Tax; levy for multipurpose stadium; extend date................HB 1631 Intangible Recording Tax; person responsible for the collection .........................HB 1522 Law Libraries; maintain codification of county ordinances; funding.................... SB 134 Local Authorities; abuse of government office; property sales ............................HB 1542 Lottery Proceeds; limit annual amount each county entitled................................ SB 333 Mental Health; community service boards; repeal automatic repealer ..............HB 1131 Metropolitan Area Planning and Development Commissions; membership ........ SB 556 Motor Vehicle Registration Period; calendar month of birthday........................... SB 601 Motor Vehicles; insurance to cover liability for damages......................................... SB 42 Motor Vehicles Purchased Public Funds; visible identifying markings................HB 624 Multijurisdictional Service Commissions; cities, counties create .......................... SR 564 Officers and Employees; election of health benefits plan ...................................... SB 485 Officers; superior court clerks, probate judges, tax officials; sheriffs, election registrars; minimum salaries...............................................................................HB 1413 Property; parks, recreation areas; use as a public school site.............................. SB 612 Public Employees; prohibitions against labor strikes ...........................................HB 1373 Recovery of Debts or Money Due; debt collection procedures ...............................HB 674 Redevelopment Plan Proposals; financing; special tax districts..........................HB 1485 Roads and Streets; traffic-control devices; uniform regulations............................ SB 706 Roads, Bridges; vehicle weight, load limits; truck routes; signs .........................HB 1470 Roads; surveying, right of way deed preparation; DOT contracts ......................HB 1747 Rural Areas; Essential Rural Health Care Provider Access Act.........................HB 1798 Rural Health Care; counties less than 35,000; essential providers...................... SB 594 Sales Tax for Education; local option; resolution requirements............................ SB 517 Sales Tax for Education; proceeds distribution formula by local Act.................HB 1520
Refer to numerical index for page numbers

2340

JOURNAL OF THE SENATE

COUNTIES (Continued) Sales Tax; local special purpose taxation; referendum elections........................... SB 264 Sales Tax; special 1%; proceeds; audit report requirements................................HB 1433 Sales Tax; special 1%; proceeds; expenditures for voting equipment .................HB 1467 Sales Tax; unidentifiable proceeds; allocation of pro rata share.........................HB 1784 Solid Waste Management; long-term reduction goals............................................... SB 98 State Courts; judgments for liquidated damages; partial payments ...................... SB 35 Utility Services; electric, natural gas or water; contracts....................................HB 1160 Volunteer Fire Departments Consolidating Into Nonprofit Corporation................ SB 30 Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager................................................................................... SB 319 Water Supply Source; restriction on rock quarry operations................................. SB 679 Zoning Classifications; actions on annexed or deannexed property; notice for certain drug rehabilitation facilities................................................................................... SB 600 Zoning or Rezoning; transfer of property development rights.............................HB 1540 Zoning Ordinances; uses and development standards of property........................ SB 573 Zoning, Rezoning Decisions; posting signs prior to hearing date ......................... SB 521
COURT REPORTERS Depositions; relationship to parties; waiver of disqualification............................. SB 185 Office of Senior Court Reporter; provide for............................................................ SB 210
COURTS (Also See Judicial Circuits or Individual Courts) Appeals; actions filed by prisoners; cases requiring an application ..................... SB 370 Appeals Involving Child Custody Given Expedited Consideration ......................... SB 73 Appeals of Litigation Expenses Awarded for Frivolous Actions............................ SB 623 Appeals; Superior Court decisions in workers' compensation cases ....................... SB 34 Appellate; judges; increase to 13 and 4 divisions; term of office............................ SB 78 Appellate; judges; retirement at age 60 with 12 years of service...........................HB 56 Appellate; senior judges and justices; compensation.............................................. SB 369 Arrest Warrant Applications, Bond Hearings by Video Conference...................... SB 411 Atlanta Judicial Circuit; Superior Court; Family Court Division .......................HB 1674 Capital Felony Trials; judicial expenses; reimbursement to counties..................... SB 56 CASA/Court Appointed Special Advocates Training; proceeds from special license plates to fund........................................................................................................... SB 487 Civil Actions Alleging Professional Malpractice; expert witnesses ....................... SB 640 Civil Actions; tortfeasors; codefendants residing different counties...................... SB 372 Civil Cases; claims relating to public grievances; expenses ................................HB 1730 Civil Cases; depositions; court reporters; disqualification waiver......................... SB 185 Civil Cases Dismissed or Discontinued; recommencement ..................................HB 1316 Civil Cases Dismissed or Discontinued; recommencement ..................................HB 1730 Civil Cases; judgments for damages; criminal restitution.....................................HB 399 Civil Cases; notice of appeal; motion for supersedeas; filing................................... SB 72 Civil Practice; actions for wrongful death; time limitation...................................... SB 84 Civil Practice; discovery of documents from nonparties; notices...........................HB 395 Civil Trials; juries consist of six jurors; amend Constitution................................ SR 200 Cobb Judicial Circuit; superior court; judges; salary supplements.....................HB 1731 Contracts; claims and disputes; venue; court of jurisdiction................................. SB 552 Courthouses; alternative locations of superior and probate courts.....................HB 1413 Courthouses; State Agency scheduled or called meetings; notices........................ SB 469
Refer to numerical index for page numbers

INDEX

2341

COURTS (Continued) Crime Victims Emergency Fund; additional probation supervision fee ............... SB 409 Criminal Procedures; Street Gang Terrorism and Prevention Act .....................HB 1391 Death Penalty Cases; applications for appeal; review procedures........................ SB 296 District Attorneys; personnel to prosecute drug violation cases ........................... SB 523 Evidence; admissible; certified records; Department of Corrections....................... SB 47 Evidence; child sexual or physical abuse cases; hearsay statements ................... SB 459 Evidence; privileged communication in matters of common interest.................... SB 634 Family Court Division of Fulton County Superior Court; authorize ..................HB 1674 Family; judges training; gender bias; divorce laws; study committee .................. SR 321 Family Violence Cases; nonresident petitioners; jurisdiction................................. SB 160 Fines and Forfeitures; deposit in Sexual Offender Registration Fund................. SB 545 Fines; DUI penalty assessments; Brain and Spinal Injury Trust Fund.............. SB 110 Fines; nonresident DUI offenders; in lieu of community service............................ SB 31 Fines or Forfeitures; distribution; compensation to municipalities....................... SB 607 Indigent Defense Council; capital felony cases; defense expenses.......................... SB 56 Judges; records revealing home address or other personal information; public disclosure not required .........................................................................................HB 1499 Judges Requesting Assistance from Other Courts on Permanent Basis.............. SB 688 Judicial Assistance; senior judges appointment; eligibility..................................HB 1642 Judicial Budget Administration Act; transfer certain functions .........................HB 1617 Judicial Circuits; special prosecuting attorneys for certain cases......................... SB 523 Judicial Council of Georgia; rules; judicial capital felony expenses........................ SB 56 Judicial Proceedings; offense of embracery; influencing witnesses....................... SB 283 Judicial Retirement System, Georgia; creation.......................................................HB 751 Jurisdiction in Cases Involving Title to Land and Equity..................................... SR 661 Jurisdiction, Venue; juvenile proceedings transferred other county ...................HB 1290 Jurors; grand, trial; compilation of jury lists and jury boxes................................ SB 253 Jurors; peremptory challenges; allow state same number as accused.................... SB 64 Jury Panels in Misdemeanor, Felony Cases; peremptory challenges.................... SB 690 Jury Strikes; misdemeanor and felony trials; size of jury panel.......................... SB 114 Juvenile; children placed in state custody; parent pay to support ....................... SB 334 Juvenile; continuation or dissolution of a temporary guardianship...................... SB 180 Juvenile Criminal Records Identifying Felons; judicial access.............................. SB 421 Juvenile; deprivation cases; child's guardian ad litem.........................................HB 1288 Juvenile; judges; specialized training in child protection issues............................. SB 75 Juvenile; jurisdiction; child custody disputes alleging abuse................................... SB 74 Juvenile; jurisdiction, venue; transfer orders; when child's name released; records retention; judge's training....................................................................................HB 1290 Juvenile; probation conditions; school attendance, passing grades....................... SB 106 Juvenile; records; evidence in subsequent criminal proceedings........................... SB 157 Law Libraries; maintain codification of county ordinances; funding.................... SB 134 Litigation Costs; liability of uninsured motor vehicle operators........................... SB 635 Litigation Costs; liability of uninsured motor vehicle operators........................... SB 650 Litigation Costs Relating Education Services for Child in Custody...................HB 1183 Magistrate; jurisdiction; citations for fire and dangerous hazards....................... SB 608 Magistrate; monetary jurisdiction; increase to $15,000.......................................... SB 325 Magistrates; training and certification; mentor program.....................................HB 1200
Refer to numerical index for page numbers

2342

JOURNAL OF THE SENATE

COURTS (Continued) Municipal; consolidated governments; repeal certain provisions.........................HB 1441 Municipal Courts Training Council; members; appointment...............................HB 1199 Municipal; Georgia Training Council; members; appointment method ..............HB 1199 Municipal; jurisdiction; offense of theft by shoplifting.........................................HB 1206 Municipal; person sentenced failure pay fine, cost; property levied..................... SB 125 OCGA Title 15; code revisions and modernizations .............................................HB 1228 Power of Attorney; restrict agents transferring property ownership......................HB 55 Probate; judges; funds paid to minors in settlement of tort cases ....................... SB 655 Probate; judges; training requirements and certification.......................................HB 516 Probate; jurisdiction; estate and guardianship equity cases; pilot program in Cobb County...................................................................................................................... SB 609 Probate; jurisdiction; jury trials and appeals in civil cases................................... SB 540 Probate; jurisdiction with Superior Courts in certain trust issues....................... SB 541 Probate; Pre-1998 Probate Code; Revised Probate Code of 1998........................HB 1226 Prosecutorial Officer's Training Fund; disbursement of funds.............................. SB 200 Reports of Convictions; information on driver licensees ........................................ SB 616 Sentencing Documents on Convicted Persons; transmitting information...........HB 1254 Sentencing for a Conviction of Stalking; consider certain factors; issue permanent restraining orders..................................................................................................HB 1639 Sentencing Offenders for One of Seven Serious Violent Felonies.......................HB 1164 Sentencing; Offense of Pandering Prostitution; publish conviction notice; release results of testing for diseases................................................................................ SB 158 Sentencing; performing work as punishment; hours in working day................... SB 633 Sentencing; probationers; misdemeanors involving injury or threats..................... SB 46 Sentencing; serious violent felony offenders; life without parole.......................... SB 461 Sentencing; truth in sentencing system; state commission to examine............... SR 477 State; judgments for liquidated damages; deferred partial payments....................SB 35 Stone Mountain Judicial Circuit; superior court; judges; supplement................HB 1723 Superior; alternative locations; additional courthouse sites ................................HB 1413 Superior and State; office of senior court reporter................................................. SB 210 Superior; Atlanta Judicial Circuit; two additional judges........................................ SB 77 Superior; Blue Ridge Judicial Circuit; decreased number of judges; transfer proceedings................................................................................................................. SB 77 Superior; clerks; compensation; performing additional juror duties..................... SB 689 Superior; clerks; duties; collection of Intangible Recording Taxes ......................HB 1522 Superior; clerks; judicial training requirements; compensation..........................HB 1413 Superior; clerks; post retirement benefit increases.................................................HB 571 Superior; Douglas Judicial Circuit; additional judge................................................SB 77 Superior; Fulton County; new Family Court Division..........................................HB 1674 Superior; Gwinnett Judicial Circuit; additional judge.............................................. SB 77 Superior; Gwinnett Judicial Circuit; create seventh judgeship............................. SB 509 Superior; judicial review; professional license revocation decisions...................... SB 344 Superior; new Bell-Forsyth Judicial Circuit created; jurisdiction; court sessions....................................................................................................................... SB 77 Superior; Ocmulgee Judicial Circuit; additional judge............................................. SB 77 Superior or State; appeals from Magistrate Court; bench trials.........................HB 1186 Superior; review of election recall petition applications.........................................HB 942 Superior; Stone Mountain Judicial Circuit; additional judge.................................. SB 77
Refer to numerical index for page numbers

INDEX

2343

COURTS (Continued) Tort-feasors, Joint; degree of fault; apportion award of damages......................... SB 637 Trial Jury in Criminal Matters Consist of 12 Persons; trial jury in civil cases consist of six persons........................................................................................................... SR 200 Trials Within 2 Years Following Indictment; DUI, vehicular homicide ................. SB 83 Venue Regarding Business Corporations and Actions for Damages..................... SB 371 Venue; tortfeasors; codefendants residing different counties................................. SB 372 Victims or Witnesses of Criminal Street Gang Activity; protective orders to prevent harassment.............................................................................................................HB 1391 Witnesses, Expert; civil actions alleging professional malpractice........................ SB 640 Witnesses; persons committing offense of embracery............................................. SB 283 Witnesses; privileged communteation; matters of common interest...................... SB 634 Wrongful Death Actions; recovery; share amount of surviving spouse ..............HB 1693
COWETA COUNTY Ad Valorem; School Taxes; homestead exemption; certain citizens ....................HB 1653 Superior Court; judges; salary supplement.............................................................. SB 677
COWETA JUDICIAL CIRCUIT; Superior Court; judges; salary supplement; Carroll, Coweta, Heard, Meriwether, and Troup Counties.................................................. SB 677
COX, GEORGE; Claims against the State; compensate............................................HR 783
COX, HEATHER; commend.......................................................................................... SR 718
COX, RONNIE; Claims against the State; compensate.............................................HR 785
CRABBING; Commercial Licensing; trap permits; catch records...........................HB 1444
CRAWFORD, AILERUA A. NEWSOME; Claims Against State; compensate.......HR 1055
CREDIT OR OTHER FINANCIAL TRANSACTION CARDS Credit Sales; bad debts; deduction on state sales tax reports ............................HB 1660 Offers to Improve Credit History; deceptive telemarketing practices ................HB 1420
CRIME INFORMATION CENTER (See GBI, Georgia Bureau of Investigation)
CRIME VICTIMS (See Victims of Crime or Courts)
CRIMES AGAINST FAMILY MEMBERS ACT OF 1998 .......................................... SB 510
CRIMES AND OFFENSES Abortion; prohibited procedure; partial-birth abortion method............................. SB 123 Abortion; unlawful procedure; partial-birth abortion method................................ SB 348 Abuse of a Vulnerable Adult or Elder Person; warrantless arrests...................... SB 159 Abuse of Government Office; certain personal property sales.............................HB 1542 Animal Cruelty, Intentional Injury, Promoting Fighting; punishment................ SB 697 Arrest of a Peace Officer; required information on arrest affidavit......................HB 258 Battery; offenses against elderly persons; specific penalty...................................... SB 67 Child Molestation; indecent acts involving touching; penalties.............................HB 957 Child Molesters; subsequent offenses; hormonal chemical treatment...................... SB 5 Child Sexual or Abuse Cases; evidence; testimony of child under 16.................. SB 459 Concealing Identity With Facial Covering; exceptions to prohibition................... SB 428 Controlled Drugs; stimulants; phenylpropanolamine; prohibitions....................... SB 208 Controlled Substances and Dangerous Drugs; change listing.............................HB 1252
Refer to numerical index for page numbers

2344

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued) Controlled Substances Violations; special prosecuting attorneys.......................... SB 523 Crime Victim Restitution; adult offenders; theft; property damage ...................HB 1165 Crimes Against Children Committed by Parents; abandonment, torture, abuse, murder or manslaughter; termination of parental rights.................................HB 1585 Crimes Against Children; persons convicted not eligible parole........................... SB 470 Crimes Committed Upon Children; persons convicted; restrict parole................. SR 487 Crimes Committed While Wearing Bulletproof Vest; enhanced penalties............ SB 425 Criminal Restitution; damages arising out of a criminal act................................HB 399 Defense of Personal Property; right to bear firearms in residence....................... SB 596 Drug Addiction; Nonviolent Felons; rehabilitation programs ................................ SR 780 Drug Paraphernalia or Syringes; sales of items which resemble.............................. SB 6 Drug Testing for Illegal Drugs; certain elected state officers................................ SB 455 Drugs; accusations of illegal activities; property declared nuisance......................... SB 7 Drugs; felony conviction; prohibit grant license to carry a pistol......................... SB 350 DUI Operating Watercraft; child endangerment; minors, 0-tolerance................HB 1393 Family Violence; assault, battery; Crimes Against Family Members Act.............. SB 67 Family Violence; offenses of battery and assault; penalties .................................. SB 510 Family Violence; petitions for relief involving nonresidents.................................. SB 160 Family Violence Shelters; disclosure of location unlawful; penalty ......................HB 413 Felony Crimes; certain offenses of theft, forgery, fraud, escape, firearms possession; trial upon accusation ............................................................................................HB 1306 Felony Criminal Offenders; not eligible parole or reduced sentence ........................ SB 4 Felony Criminal Offenders Shall Serve Full Sentence Without Parole................ SB 100 Felony Offenders; punishment; serve 90% of sentence imposed ........................... SB 494 Felony, Serious Crimes; punishment; no parole or early release.......................... SB 448 Financial Identity Fraud, Criminal Offense of; penalties...................................... SB 513 Firearms; authority to carry; certain law enforcement officers............................. SB 427 Firearms; background records check; GCIC telephone service hours ...................HB 290 Firearms; handguns; transporting and storage in private vehicle......................HB 1360 Firearms Lawfully Kept on Property; denial of insurance coverage .................... SB 562 Firearms Protection for Minors; loaded guns; negligent storage .......................... SB 190 Firearms; unlawfully transporting in a vehicle; license revocation...................... SB 443 Forgery; false ID documents; sales to a minor or illegal alien............................. SB 199 Fraud; deposit account fraud; loan collateral; value of check ............................... SB 590 Homicide by Vehicle Through DUI Violation; trial within 2 years......................... SB 83 Insurance Fraud Against Persons 60 Years of Age; increased penalties..............HB 233 Insurance Fraud; false claims to procure payment of benefits .............................HB 493 Juvenile Criminal Offenses; written notice to school officials............................... SB 161 Juvenile Felons Age 10 to 16; training camps to rehabilitate................................. SB 18 Juvenile Malicious Damage to Another's property; parent liability ....................... SB 89 Juveniles Charged With Felony Crimes; fingerprints; records access .................. SB 421 Juveniles Fingerprinted for Criminal Offenses; reports to GCIC ......................... SB 458 Juveniles; records proving similar criminal transactions; evidence...................... SB 157 Littering; definition includes cigarette butts and chewing gum............................HB 248 Murder of a Peace Officer Engaged in Official Duties; penalties ......................... SB 570 OCGA Title 16; code revisions and modernizations .............................................HB 1228 Offense of Embracery; persons attempting to influence a witness....................... SB 283
Refer to numerical index for page numbers

INDEX

2345

CRIMES AND OFFENSES (Continued) Offense of Feticide by a Pregnant Woman; further define offense ....................... SB 405 Offense of Habitual Impaired Driving; DUI violators; punishment...................... SB 321 Offense of Interfering With Calls for Emergency Assistance; penalty................. SB 460 Offense of Vandalism to a Cemetery or Memorial; punishment ...........................HB 840 Offenses of Theft and Damage to Property; victim restitution...........................HB 1165 Pharmaceuticals; violation of drug laws; enforcement agency ..............................HB 330 Pistols or Revolvers; accidents among children; criminal negligence to allow minor obtain access to firearms........................................................................................ SB 407 Probationers Charged With a Misdemeanor Involving Injury or Threats ............. SB 46 Prostitution; offense of pandering; penalties; additional fines for soliciting persons under age 17............................................................................................................ SB 158 Public Transit Buses, Rapid Rail Cars, Stations; prohibited conduct.................. SB 444 School Premises or Functions; loitering or disruptive conduct............................. SB 406 Serious Violent Felonies; defined; punishment; life without parole...................... SB 461 Serious Violent Felonies; punishment; mandatory imprisonment term; not eligible for first offender probation.........................................................................................HB 1164 Serious Violent Felony Crimes; punishment; ineligible parole.............................. SB 162 Sex Crime Offenders; registration; residency restrictions...................................... SB 375 Sexual Crimes Against Children; child molestation; penalties..............................HB 957 Sexual Offenses Against Children; rape or aggravated sodomy; impose death penalty......................................................................................................................HB 801 Sexual Offenses; offense of pandering to perform prostitution ............................. SB 158 Sexual Offenses; when conduct occurring between adults not constitute violation of law; except illegal bathhouses ............................................................................... SB 442 Sexual Violence; predators likely to engage repeat acts; commitment................. SB 413 Sexually Explicit Materials; minors not allowed where sold................................. SB 669 Sexually Violent Predators; definition; registration; address, work...................... SB 545 Sexually Violent Predators; failure to register; increase penalty.......................... SB 498 Sexually Violent Predators; hormonal chemical treatment........................................ SB 5 Sexually Violent Predators; registration within ten days of release; failure to properly register penalty .........................................................................................................SB 39 Stalking; sentencing of offenders; criminal record; psychological evaluation; violation of permanent restraining orders..........................................................................HB 1639 Street Gangs; unlawful criminal activities defined; felony penalty ....................HB 1391 Telemarketing Conduct Violations; nonlocal businesses; security offerings; credit history reports; charitable solicitations ..............................................................HB 1420 Theft by Shoplifting; property value defines misdemeanor or felony.................HB 1392 Theft by Shoplifting; third offense; Municipal Court jurisdiction.......................HB 1206 Use of Threat or Force in Defense of Dwelling, Places of Business or Vehicle; immunity from prosecution.................................................................................... SB 476 Use of Threat or Force; justification defense; immunity; terms..........................HB 1360 Vandalism to a Place of Worship Causing Injuries; penalty ................................. SB 226 Victims Assistance; funeral, burial expenses; exempt sales tax..........................HB 1656 Victims of Violence or Abuse; discriminatory acts by insurers ............................. SB 186 Violent Offenders; link between animal cruelty and human violence.................... SR 89 Voter Fraud; felony penalty; antifraud warnings on election ballots .................HB 1268
Refer to numerical index for page numbers

2346

JOURNAL OF THE SENATE

CRIMINAL PROCEDURE Arrest of a Peace Officer; required information on arrest affidavit......................HB 258 Arrest Procedure; not yielding right of way to emergency vehicles...................... SB 516 Arrests, Warrantless; cases involving abuse of a vulnerable adult...................... SB 159 Capital Felony Prosecutions; county expenses; reimbursement.............................. SB 56 Crime Victim Restitution; adult offenders; theft; property damage ...................HB 1165 Crime Victims Emergency Fund; additional probation supervision fee ............... SB 409 Death Penalty Cases; review of pretrial proceedings............................................. SB 296 Evidence; admissible; certified records; Department of Corrections....................... SB 47 Evidence; use of threat or force justification defense...........................................HB 1360 Felony Crimes; Theft, Forgery, Fraud, Escape, Firearms; trial upon accusation.....................................................................................................HB 1306 Inmate Parole Considerations; citizen input; electronic call system....................... SB 23 Jurors; grand, trial; compilation of jury lists; minimum standards ..................... SB 253 Jurors; misdemeanor, felony trials; number of peremptory challenges; size of jury panels ....................................................................................................................... SB 114 Jury Strikes; number of peremptory challenges of jurors........................................ SB 64 Juvenile Court Records Proving Similar Criminal Acts; evidence........................ SB 157 Misdemeanor Violations; repeal certain Municipal Court provisions .................HB 1441 OCGA Title 17; code revisions and modernizations .............................................HB 1228 Pardons and Parole; abolish for persons convicted certain crimes ....................... SR 463 Persons Convicted Crimes Against Children; supervised probation..................... SB 467 Sentences Imposed for Serious Violent Felonies May Not Be Reduced................ SB 162 Sentencing and Punishment; serious violent felony offenders ............................HB 1164 Sentencing; probationers; misdemeanors involving injury or threats..................... SB 46 Sentencing Reform, Bipartisan Joint Commission on; create................................ SR 477 Serious Violent Felony Offenders; punishment; life without parole ..................... SB 461 Sexually Violent Predators; evaluation; commitment procedures ......................... SB 413 Street Gangs Act of 1998; designated felony acts; additional conditions of bail and pretrial release ......................................................................................................HB 1391 Trials of Persons Accused DUI Violations and Vehicular Homicide....................... SB 83 Use of Threat or Force Against Intruder to Prevent Violent Acts........................ SB 476 Victims Assistance; funeral, burial expenses; exempt sales tax..........................HB 1656 Victim's Rights for a Speedy Trial; vehicular homicide and DUI........................... SB 83 Warrants for Arrest by Video Conference; bond hearings; witnesses................... SB 411
GRIPE, KARAH KILEY-RAE; commend..................................................................... SR 710
CRISP COUNTY; Ad Valorem Taxes; homestead exemption; senior citizens .......HB 1632
CRITZ, DALE C.; commend.......................................................................................... SR 605
CROCKETT, VERONICA AND JUDY THOMPSON; commend............................... SR 656
CROSSBOWS; Hunting Big Game; disabled persons; special crossbow permit....HB 1532
CUBA; Expressing Opposition to Actions Supporting Communist Dictatorship..... SR 662
CULPEPPERS, THE GEORGE B.; honor by naming Highway in Peach County........................................................................................................................HR 1031
CUMMINGS, LORETTA; Claims Against the State; compensate............................HR 866
CUSTOM ENGINEERS SYSTEMS, INC.; water purification technology............... SR 478
Refer to numerical index for page numbers

INDEX

2347

CUTHBERT, CITY OF; Mayor and Aldermen; elections; qualifications................HB 1457
D
DADE COUNTY; Ad Valorem Taxes; homestead exemption; elderly citizens.......HB 1912
DAIRY MILK; create Southern Dairy Compact Commission to regulate prices .... SB 420
DALLAS, CITY OF; Provisions Relative Removal of Certain Employees .............HB 1887
DALTON, CITY OF; Ad Valorem; homestead exemption; senior citizens..............HB 1807
DANIEL, JAMES C. (JIM); expressing condolences................................................... SR 743
DANIELSVILLE, CITY OF; new charter ..................................................................HB 1468
DAVIS, JAMES K; commend ....................................................................................... SR 830
DAVISON FINE ARTS SCHOOL; commend............................................................... SR 606
DAWSON COUNTY Board of Elections and Registration; create ..........................................................HB 1913 District Attorney; Northeastern Judicial Circuit; salary supplement.................HB 1841 Superior Court; judges; salary supplement............................................................HB 1840
DAY CARE CENTERS Child, Family or Group Homes; repeated violations; felony penalty.................... SB 202 Sex Crime Offenders; prohibit reside near child care facilities............................. SB 375 Temporary Care Facilities; shopping malls, office complexes; licensing, inspection................................................................................................ SB 222
DEAF PERSONS (See Hearing Impaired)
DEATH Child Fatality Review; investigations; duty of medical examiner......................... SB 473 Civil Practice; wrongful death or injury; limitations of actions.............................. SB 84 Investigation of Child Deaths; duty of medical examiner...................................... SB 464 Suicide Prevention Programs; encourage development and initiatives ................ SR 585
DEATH PENALTY IN CAPITAL FELONY CASES (Also See Courts or Sentence) Felony Trials; required jury panels; peremptory challenges.................................. SB 690 Jurors; number of peremptory challenges; size of jury panels.............................. SB 114 Jurors; peremptory challenges; allow state same number as accused.................... SB 64 Pretrial Proceedings; review procedures; report of trial judge.............................. SB 296 Sexual Crimes Against Children; rape or aggravated sodomy..............................HB 801
DEBTOR AND CREDITOR Banks; deposit account fraud; loan collateral; value of check............................... SB 590 Consumer Credit History; prohibit use in setting insurance rates....................... SB 652 Garnishment Proceedings; corporate garnishee representation............................. SB 477 Investment Security Interest of a Debtor; Uniform Commercial Code ................ SB 402 Judgments for Liquidated Damages; deferred partial payments............................ SB 35 Mechanics and Materialmen's Liens; failure to execute; void record.................HB 1696 Secured Transactions; debt paid in full; cancellation of record ..........................HB 1144 Secured Transactions; default in payment; repossession of vehicle...................... SB 624 Small Consumer Loan Industry Study Committee................................................. SR 698 Small Consumer Loan Transactions; joint committee to study............................. SR 668 Used Vehicles Sales, Leases; disclosure of any security interest.......................... SB 196
Refer to numerical index for page numbers

2348

JOURNAL OF THE SENATE

DECATUR, CITY OF; City Manager; repeal certain power, duties.......................HB 1407
DECATUR COUNTY Board of Commissioners; change compensation ....................................................HB 1610 State Court; judge, solicitor; compensation............................................................HB 1611
DECEPTIVE PRACTICES (See Fair Business Practices or Commerce or Selling)
DEEDS County Records of Actual Ownership; filing for homestead exemption .............HB 1474 Property; security instruments; debt paid in full; cancellation...........................HB 1144 Public Roads; surveying, right of way deed preparation......................................HB 1747
DEFENSE DEPARTMENT (See Military Affairs)
DEKALB COUNTY Commission Meetings; counsel; Merit System employees; referendum................ SB 340 Community Improvement District Within Unincorporated DeKalb County........ SB 598 DeKalb County Public Library; commend................................................................ SR 546 DeKalb County's Form of Government Study Committee; create......................... SR 386 DeKalb Memorial Stadium Authority Act; repeal.................................................HB 1837 Joint County Hospital Authority; membership; appointment procedures............ SB 580 Property Conveyance; authorize purchase of Brook Run campus......................... SR 481 Property Conveyance; easement to BellSouth Telecommunications...................... SR 530 Property Conveyance; sale of Ga. Mental Health Institute Campus.................... SR 635 Superior Court; additional judge; increasing number to ten................................... SB 77 Superior Court; judges; salary supplement............................................................HB 1723
DELORME, JAMES; commend..................................................................................... SR 815
DENT, JERRYLYN G. GRIFFIN WALKER; commend on 90th birthday..............HR 1033
DENTISTRY Anesthesiology Staff and Nurse Anethetists; sedation of patients .....................HB 1158 Dentistry, State Board of; membership; practicing dental hygienist..................HB 1491 Hospital Staff Privileges; prohibit deny based upon certain license .................... SB 138
DEPAOLO, DR. ROSEMARY Brief remarks........................................................................................................... Page 179 Georgia College and State University; commend.................................................... SR 785
DEPARTMENT OF MEDICAL ASSISTANCE (See Medicaid)
DEVELOPMENT AUTHORITIES (Also See Authorities) Meetings Discussing Business Recruitment; identity protected.............................. SB 12 Metropolitan Area Planning and Development Commissions; membership ........ SB 556
DIABETES Health Supplies; blood glucose measuring strips; exempt sales tax...................HB 1656 Out-patient self-management; insurance covered benefits..................................... SB 452 Outpatient Self-management Services, Supplies; insurance coverage.................... SB 55
DINKHELLER, KYLE WAYNE; Law Enforcement Officer; in memory of.............. SR 483
DISABLED OR PERSONS WITH DISABILITIES (Also See Handicapped or Elderly) Adapted Sports After-school Programs; committee to study.................................. SR 263 Assisted Living Facilities; licensing; Medicaid payment waivers..........................HB 287 Blind Persons; additional personal income tax deduction amount .....................HB 1162
Refer to numerical index for page numbers

INDEX

2349

DISABLED OR PERSONS WITH DISABILITIES (Continued) Blind Persons; guide dogs on premises of vending operations; repeal option of using capuchin monkeys ...................................................................................................HB 714 Brook Run Mental Health Facility; commend; urge continued funding...............HR 298 Disability Commissions; establishment by local governments............................... SB 383 Disabled Veterans; exemption from motor vehicle ad valorem taxes ................... SB 489 Family Caregiving Expenditures for the Disabled; income tax credit................HB 1513 Fishing Tournaments Sponsored by Disabled Veterans; free licenses.................. SB 649 Hunting Big Game; disabled persons; special crossbow permit ..........................HB 1532 Income Tax Credit; home expenses for accessibility features..............................HB 1621 License Plates; special; U.S. Disabled Athletes Fund; renewal...........................HB 1538 Rights of Such Persons; use of service capuchin monkeys ....................................HB 351 Stroke Awareness and Impact on Victims; committee to study..........................HR 1000 Vulnerable Adults Physically or Mentally Impaired; cases of abuse.................... SB 159
DISASTER EMERGENCIES (Also See Emergency Management) Disaster Volunteer Leave Act; state employees paid leave; certified volunteers of the American Red Cross..............................................................................................HB 1266 National Guard Future Mission Requirements; study........................................... SR 382
DISTRIBUTIVE EDUCATION CLUBS Vocational Student Organizations; Senate committee to study............................. SR 596 Vocational Student Programs; joint committee to study........................................ SR 557
DISTRICT ATTORNEYS (Also See Courts) Access to Juvenile Records in Proving Similar Criminal Transactions................ SB 157 County Prosecutor's Office; capital felony expenses; reimbursement..................... SB 56 Employees; membership; Employees' Retirement System......................................HB 937 Employees; retirement membership; prior service..................................................HB 724 Projected Release Date of an Inmate; notification.................................................. SB 671 Prosecuting Cases Involving Controlled Substance Violations.............................. SB 523 Reestablishing Coverage in Employees' Health Insurance Plan.........................HB 1423 Retirement System; survivor benefits; secondary beneficiary .............................HB 1096
DIVORCE (Also See Domestic Relations or Alimony) Child Custody; committee to study Presumption of Joint Legal and Physical Custody and Shared Parenting............................................................................................. SR 233 Child Custody; joint legal and physical custody parenting plan........................... SB 187 Child Custody; parenting time rights; presumption of equal access .................... SB 188 Child Custody Study Committee; create.................................................................. SR 321 Court Awards of Real Property; recording in county deed records.......................HB 408 Covenant Marriage Act; enact................................................................................... SB 440 Grandparent Visitation Rights to a Minor Child.................................................... SB 631 Grounds; adultery; marriage counseling; 'children first rule'................................ SB 309 Health Insurance; continuation of coverage; premium amount............................. SB 320 Parties Who Are Parents of Minor Child; period for a final decree .....................HB 408
DOBBS, BYRON; Radio Broadcaster; commend......................................................... SR 528
DOCTORS OF THE DAY Anderson, Dr. Larry................................................................................................. Page 120 Arnold, Dr. Linda..................................................................................................... Page 417 Bailey, Dr. Erroll......................................................................................................Page 818
Refer to numerical index for page numbers

2350

JOURNAL OF THE SENATE

DOCTORS OF THE DAY (Continued) Barnwell, Dr. Bill....................................................................................................... Page 66 Bucholtz, Dr. John................................................................................................... Page 537 Burrows, Dr. Celio ................................................................................................... Page 720 Campbell, Dr. Diane................................................................................................ Page 785 Clark, Dr. Elizabeth................................................................................................... Page 94 Craven, Dr. Bill...................................................................................................... Page 1224 Culpepper, Dr. Jeff................................................................................................. Page 1185 Easterling, Dr. Kathy.............................................................................................. Page 212 Ellis, Dr. Bill............................................................................................................ Page 749 Gamwell, Dr. John................................................................................................... Page 313 Gingrey, Dr. Phil........................................................................................................ Page 37 Griffeth, Dr. Joe....................................................................................................... Page 302 Hargrett, Dr. McKee................................................................................................ Page 968 Harsch, Dr. John....................................................................................................Page 1120 Heard, Dr. Charmain Martin .................................................................................Page 156 Horowitz, Dr. Lonnie............................................................................................. Page 1405 Kaufmann, Dr. Marilyn......................................................................................... Page 1704 Kaufmann, Dr. Richard...........................................................................................Page 142 Loftman, Dr. Bert ....................................................................................................Page 674 Majors, Dr. James....................................................................................................Page 519 Maxey, Dr. Joy ...........................................................................................................Page 53 McDaniel, Dr. Burton.............................................................................................. Page 334 McDaniel, Dr. William............................................................................................. Page 428 Murdock-Palmer, Dr. Carol....................................................................................... Page 80 Nieuwoudt, Dr. Ernst............................................................................................ Page 1017 Ong, Drs. Antonio and Cecila...............................................................................Page 1544 Parker, Dr. Monica ..................................................................................................Page 949 Parrish, Dr. Raymond............................................................................................ Page 1922 Perrow, Dr. G. H....................................................................................................Page 1069 Ratchford, Dr. Joe.................................................................................................... Page 179 Ray, Dr. Walker........................................................................................................ Page 248 Riley, Dr. Thad....................................................................................................... Page 1379 Ringer, Dr. David..................................................................................................... Page 886 Rogers, Dr. Harrison................................................................................................ Page 271 Smission, Dr. Hugh.................................................................................................. Page 200 Smith, Dr. Ron......................................................................................................... Page 576
DODGE COUNTY Designate; Heart of Ga. Armed Forces Veterans Memorial Intersection ...........HR 1106 Designate; S.C. Cadwell Road on State Road 165................................................HR 1106 Urge Designate Memorial to Heart of Georgia Armed Forces Veterans.............. SR 775 Urge DOT Name Road to Honor S.C. Cadwell....................................................... SR 776
DOGS Blind Vendors; guide dogs on premises of vending operation...............................HB 714 Cruelty to Animals, Promoting Animal Fights; punishment................................. SB 697 Search and Rescue Dogs Used by Fire Departments; penalties for destroying or injuring...................................................................................................................HB 1425
Refer to numerical index for page numbers

INDEX

2351

DOMESTIC RELATIONS Adoption Proceedings; termination of parental rights; child placement resources; unlawful actions; mother's affidavit........................................................................ SB 27 Adoption; revise legal documents relating to biological parents........................... SB 571 Adoption; who may adopt a child; define legally married couples........................ SB 434 Adoptions; special needs children; financial aid to families.................................... SB 24 Child Custody Cases Alleging Abuse; juvenile court jurisdiction ........................... SB 74 Child Custody; child's right to equal access to both parents ................................ SB 188 Child Custody; committee to study Presumption of Joint Legal and Physical Custody and Shared Parenting............................................................................................. SR 233 Child Custody; decisions from courts given expedited consideration...................... SB 73 Child Custody; evidence of abuse; supervised parent visitation ............................. SB 71 Child Custody; joint legal and physical custody parenting plan........................... SB 187 Child Custody Study Committee; create.................................................................. SR 321 Child Development; Audio Recordings Provided by State; content....................... SB 468 Child Protection Issues; specialized training for judges........................................... SB 75 Child Support and Parenthood; legal obligations; sex education ........................HB 1654 Child Support; orders; life insurance; amount of the premium ............................ SB 231 Child Support; out-of-wedlock births; Fatherhood Responsibility Act.................... SB 58 Child Support Recovery Registry; employer reports of persons hired................HB 1307 Committee to Study Link Between Animal Cruelty and Human Violence............ SR 89 Covenant Marriage Act; enact................................................................................... SB 440 Dependent Benefits; family member by birth, marriage or adoption................... SB 456 Dependent; family member legally entitled to support; definition........................ SB 457 Deprived Children; persons having custody; alcohol or drug abuse ...................HB 1717 Divorce; awards of real property; filing, recording; deed records..........................HB 408 Divorce; grounds; minor children, 'children first rule'............................................ SB 309 Divorced Spouses; continuation of health insurance coverage .............................. SB 320 Estates; year's support for surviving spouse and minor children......................... SB 395 Families; health care needs; establish medical care savings account................... SB 279 Family Court; new Division of Fulton County Superior Court...........................HB 1674 Family Violence; offenses of battery and assault; penalties .................................. SB 510 Family Violence; penalties; Crimes Against Family Members Act.......................... SB 67 Family Violence; petitions for relief involving nonresidents; venue...................... SB 160 Family Violence Shelters; disclosure of location unlawful; penalty ......................HB 413 Firearms Protection for Minors; loaded guns; criminal negligence....................... SB 190 Grandparent Visitation to a Minor Child; right to file an action......................... SB 631 Health Insurers; victims of violence or abuse; discriminatory acts...................... SB 186 Inheritance Without a Will; decedent's heirs; spouse's inheritance...................... SB 265 Marriage Ceremony; authority of state and federal court judges.........................HB 249 Marriage Licenses; documentation required of non U.S. citizens.......................... SB 577 Marriage Licenses; requirements for issuance; non U.S. citizens ......................... SB 578 OCGA Title 19; code revisions and modernizations .............................................HB 1228 Parent of Child Age 17 Who Refuses Discipline or Threatens Family Violence; petition to end legal relationship .......................................................................... SB 385 Sexual Conduct Occurring Privately and Consensually Between Adults............. SB 442 Surrogate Parenting; contract between couples; affirm parent status ................. SB 451 Wrongful Death Actions; recovery amount; surviving spouse's share ................HB 1693
Refer to numerical index for page numbers

2352

JOURNAL OF THE SENATE

DONALSONVILLE, CITY OF; city council districts; boundaries...........................HB 1863
DOUGHERTY COUNTY Chehaw Park Authority; change membership provisions.....................................HB 1614 Magistrate Court; magistrates; appointment and compensation.........................HB 1612 Probate Court; judge; annual salary......................................................................HB 1615 Probate Court; judge; nonpartisan election ...........................................................HB 1613 Property Conveyance; easement area; Radium Springs Road............................... SR 530
DOUGLAS, CITY OF City Commission; member 4-year terms................................................................HB 1619 Property Conveyance; Douglas-Coffee County Industrial Authority..................... SR 489 Property Exchange; Douglas-Coffee County Industrial Authority......................... SR 488
DOUGLAS COUNTY Superior Court; Douglas Judicial Circuit; additional judge..................................... SB 77 Tax Commissioner; school tax collections; reimbursement..................................... SB 702
DOUGLAS JUDICIAL CIRCUIT; Superior Court; additional judge; increasing number to three.......................................................................................................................... SB 77
DOUGLAS LIONS CLUB; honoring............................................................................HR 867
DOWDY, COLQUITT; honoring.................................................................................... SR 799
DRIVER EDUCATION AND TRAINING Driver Education; high school curriculum credit; grants to support local school programs or contract with private driver training school..................................HB 409 Driver Training; instructors in secondary schools; qualifications .......................HB 1299 Driver's Education; committee to study privatization initiatives............................ SR 17 Grants to Local School Systems to Support; student elective credit.................... SB 445 Public School Prescribed Course; establish to train young drivers....................... SB 588 Standards for Approved Courses; requirements for a driver's license ................. SB 241
DRIVER'S LICENSE (Also See Motor Vehicles and Traffic) Applicant Fingerprint Requirement; religious exemption...................................... SB 439 Applicant Fingerprinting May Be Requested But Not Required .......................... SB 164 Applicant Fingerprinting; repeal requirement...........................................................HB 62 Driver Education; high school curriculum credit; grants to support ....................HB 409 Driver Education in Public Schools as a Prescribed Course ................................. SB 588 Driver Education; persons under age 18 required complete.................................. SB 241 Driver Education to Improve Young Drivers; committee to study.......................... SR 17 Driver Training; instructors in secondary schools; qualifications .......................HB 1299 Driver Training Programs; grants to local school systems.................................... SB 445 Drivers Under Age 18; proof of school enrollment and attendance........................ SB 38 Drivers 16 Years Old; new provisional Class D license; restrictions...................... SB 17 DUI Convictions; placement of red stripe or words "CONVICTED DUI".............. SB 82 DUI Violation; drivers under age 18; license suspended 12 months...................... SB 88 Eligibility; driving record under previously issued learner's permit.................... SB 403 Eligibility; persons age 16; driving record from another state.............................. SB 492 Eligibility; persons age 16 issued license by another state................................... SB 536 Eligibility; persons who became age 15 prior 7-1-97.............................................. SB 493 Eligibility; school enrollment; proof from private or home school......................... SB 602 Eligibility; 16 year olds; record from another state; limited permit..................... SB 503
Refer to numerical index for page numbers

INDEX

2353

DRIVER'S LICENSE (Continued) False ID Cards; sales to minor or illegal alien; increased penalty....................... SB 199 Fraudulently Obtaining License Numbers; financial identity fraud..................... SB 513 Identification of Electors; proper identification documents defined........................ SB 43 License, ID Cards; repeal applicant fingerprint requirement.................................... SB 2 Limited Driving Permits for Certain Speed Limit Offenses.................................. SB 495 Minors; applications; distinctive licenses; instruction permits.............................. SB 445 Motorcycle Operators; operator safety training; protective headgear..................... SB 86 Motorcycles; operator licensing requirements; headgear exception....................... SB 682 Records and Information on Licensees; courts sending to PSD............................ SB 616 Replacement of Original; issuance for remaining time period ................................HB 62 Revocation; persons convicted unlawfully transporting a firearm ........................ SB 443 Suspended; driver involved in accident; limit actions for injuries........................ SB 240 Suspension; driving away without paying for gasoline........................................HB 1578 Suspension; habitual violator accumulating certain point count.......................... SB 705 Suspension; student misconduct, absenteeism or drop-out; reports...................... SB 678 Suspension Upon Termination of Minimum Motor Vehicle Insurance...............HB 1620
DRIVING UNDER INFLUENCE, DUI Actions for Injuries; deny persons convicted of DUI recover damages................. SB 240 Boating Safety Violations; operating under influence alcohol/drugs...................HB 1393 Boating Under the Influence; persons supervising minors..................................HB 1394 Chemical Testing of Suspected Violator; implied consent law............................... SB 659 Convicted Drivers; licenses to bear red stripe or identifying words....................... SB 82 Drivers Under Age 18; DUI violation; license suspended 12 months .................... SB 88 Drivers Under Age 21; violations; tests for intoxicating substances ...................... SB 66 Drivers Under Age 21; zero tolerance alcohol, drugs............................................... SB 17 DUI; chemical tests; informing suspect of rights; legality of implied consent notice ........................................................................................................HB 1378 Georgia DUI Study Commission; create .................................................................. SR 680 Habitual Violators Convicted of DUI; punishment; parole limitations................. SB 321 Nonresident Offenders; increased fine in lieu of community service...................... SB 31 Open Alcoholic Beverage Containers; driver and passenger prohibited............... SB 203 Persons Accused Vehicular Homicide and DUI Offense; time for trial.................. SB 83 Pleas of Nolo Contendere; eliminate to charge of driving DUI............................... SB 61 Violations; additional fines; Brain and Spinal Injury Trust Fund........................ SB 110 Violations; additional fines; Brain and Spinal Injury Trust Fund........................ SR 144
DRUG TESTING; Random Student Drug Testing Study Committee; create.............. SR 5
DRUGS AND DRUG ABUSE Adolescents; behavioral health care; Medicaid use of state funds......................HB 1179 Boating Safety Violations; operating under influence alcohol/drugs...................HB 1393 Clinical Laboratories; specimen examination; ensure test accuracy..................... SB 560 Community Substance Abuse Services; define service areas................................. SB 317 Controlled Substance Violations; prosecution of cases ........................................... SB 523 Controlled Substances and Dangerous Drugs; change listing.............................HB 1252 Controlled Substances; stimulant drugs; phenylpropanolamine; prohibit sales to or possession by a minor............................................................................................. SB 208 Deprived Children; substance abuse by persons having custody........................ HB 1717
Refer to numerical index for page numbers

2354

JOURNAL OF THE SENATE

DRUGS AND DRUG ABUSE (Continued) Driving Under Influence of Drugs; eliminate plea of nolo contendere................... SB 61 Drug-free Postsecondary Education Act; HOPE Scholarship eligibility..............HB 1556 Drug-free Workplace; employer rates; Unemployment Compensation................HB 1140 Drug-Free Workplace Programs; insurance premium discounts............................ SB 155 DUI Alcohol or Drugs; chemical tests; implied consent law.................................. SB 659 DUI Suspects; chemical tests; legality of implied consent notices......................HB 1378 Felony Drug Conviction; prohibit grant license to carry a pistol.......................... SB 350 Georgia Drugs and Narcotics Agency; personnel retain weapon, badge ................HB 92 Georgia Drugs and Narcotics Agency; recognizing................................................. SR 654 Georgia Pharmacy Practice Act; licensure, controls, regulations, drug research permits .....................................................................................................................HB 330 Habitual Violators Convicted of DUI; punishment; parole limitations................. SB 321 Illegal Drugs; random drug testing; certain elected state officers........................ SB 455 Locating, Relocating Drug Rehabilitation Facilities; zoning hearing.................... SB 600 Nonviolent Felons; drug addiction treatment; committee to study....................... SR 780 Objects Packaged to Look Like Drug Pharaphernalia; prohibited sales.................. SB 6 Prescription Drugs; Medicaid patients; change approval process ......................... SB 139 Professional Boxers; use of alcohol or a drug prohibited.......................................HB 396 Property Where Drug Related Activities Occur; declared a nuisance...................... SB 7 Students Under Influence or in Possession of Drugs Suspended............................ SB 92 Vaccines, Drugs for Adverse Reactions; nurses, physician assistants .................... SB 20
DUBLIN, CITY OF Board of Education; members; compensation........................................................HB 1735 Dublin-Laurens County Commission on Children, Youth and Families.............HB 1763
DULUTH, CITY OF; Mayor and Council; elections; terms.....................................HB 1677
DURABLE POWER OF ATTORNEY; Agent for Health Care; declaration as to lifesustaining procedures................................................................................................. SB 478
DWOZAN, MARCI; 1998 Watermelon Queen; commend........................................... SR 623
E
EBERHART, DAN; commend ....................................................................................... SR 512
EBONICS OR BLACK ENGLISH; prohibit teach as a distinct language................. SB 51
ECONOMIC DEVELOPMENT Aerospace Development, Commercial Space Activities, and Telecommunications Technology; commission to study............................................................................. SR 46 Corporations; new, expanded facilities; apportioned income taxes .....................HB 1353 Government Recruitment of Business and Industry; identity protected................ SB 12 Heritage Tourism Industry; preservation tax incentives; study............................ SR 302 Historic Preservation Projects Producing Revenues; study committee................. SR 552 Historic Resources Preservation Program; revitalize business districts; grants; state utilize historic properties ....................................................................................... SB 446 Jobs Creation; increased product exports, port traffic; tax credit.......................HB 1667 Jobs Creation; investments, retraining; income tax exemption...........................HB 1596 Metropolitan Area Planning and Development Commissions; membership ........ SB 556 Recycling and Economic Development Study Committee; create.......................... SR 112
Refer to numerical index for page numbers

INDEX

2355

ECONOMIC DEVELOPMENT (Continued) Regional Development Centers; creation of for-profit corporations....................... SB 389 Scrap Tire Products; industrial reuses; encourage research program.................. SR 758 Transportation Facilities and Impact on State; committee to study ....................HR 464
EDUCATION (Also See Colleges or Schools or Teachers) Academic and Attendance Requirements for Drivers Under Age 18...................... SB 38 At-Risk Student Programs; additional grants; percent of funds used.................... SB 97 At-Risk Students; joint after-school programs; state grants.................................. SB 404 Blue Ribbon Study Committee on Funding Quality Basic Education Act........... SR 467 Campus Police; duties; reporting criminal gang activities...................................HB 1391 Care Teams for Educationally Challenged, Underperforming Schools ................. SB 447 Charter Schools Act of 1997; academic or vocational based contracts................... SB 70 Charter Schools Act of 1998; enact; provide Office of Compliance .......................HB 353 Child Development; Audio Recordings Provided by State; content....................... SB 468 Children in State Custody; judicial proceeding; litigation expense ....................HB 1183 Computer Materials Deemed Harmful to Minors; restrict access to.................... SB 312 County Boards; school board officers; nonpartisan elections.................................HB 820 County Superintendent of Schools; member; county board of health................... SB 666 Curriculum Elective Credit; driver training course................................................ SB 445 Driver Education; approved courses; persons under age 18 required.................. SB 241 Driver Education; high school curriculum credit; grants to support....................HB 409 Driver Education; public school prescribed course; establish................................ SB 588 Driver Education Vehicles; certificate of title exclusion.......................................HB 1430 Driver Training; curriculum credits; local school system grants .......................... SB 445 Driver Training; instructors in secondary schools; qualifications .......................HB 1299 Drug-free Postsecondary Education Act; HOPE Scholarship eligibility..............HB 1556 Employees; participation in J. William Fulbright Exchange Program...............HB 1185 FFA Chapters, 4-H Clubs; special sales of livestock; bond exemption...............HB 1460 Georgia Education Authority (University); member; staff; projects...................... SB 292 Georgia Youth Legislature; create............................................................................. SR 162 Grants; private school public tuition assistance; pilot program............................ SB 259 High School Students; computers and technology training program.................... SB 499 Holocaust History Studies; recommendations by state commission....................HB 1664 Home Education Week in Georgia; declaring........................................................HB 1450 Home Study Graduates; state employment qualifications..................................... SB 412 Home Study Programs; student participation public school activities ..................... SR 4 HOPE or PROMISE Grants, Scholarships; eligibility, ineligibility.....................HB 1556 HOPE Scholarships, Grants; graduating seniors; criteria to qualify.................... SB 430 Humanities and Character Education; commend Ga. Humanities Council......... SR 651 Juvenile Felons; academic instruction; rehabilitation training camps.................... SB 18 Language Instruction; prohibit teaching of Ebonics................................................. SB 51 Libraries; book selection; restrict harmful materials to minors.............................. SB 40 Local School Boards; control over core curriculum and facilities.......................... SB 381 Local School Districts Capital Outlay Expenditures; funding method................. SB 377 Local School Districts; proration of motor vehicle license fees.............................. SR 132 Local School Superintendents; provide for election.................................................. SR 76 Local School Systems; Charter School applications; Compliance Office................. SB 70
Refer to numerical index for page numbers

2356

JOURNAL OF THE SENATE

EDUCATION (Continued) Local School Systems; motor vehicles; identifying markings...............................HB 1461 Local School Systems; motor vehicles; visible identifying markings ....................HB 624 Local School Systems; multiyear contracts with other public entities................. SB 336 Local School Systems; personnel salaries; decrease in supplements...................... SB 29 Local School Systems; student code of conduct; discipline procedures................... SB 92 Lottery Corporation, Georgia; employee retirement membership option ............. SB 290 Lottery Corporation Officers, Employees; retirement plan ....................................HB 441 Lottery for Education Account; limit amount each county entitled...................... SB 333 Lottery for Education Proceeds; specify purposes and programs........................HR 1002 Lottery Funds; use for high school technology education programs..................... SB 462 Lottery Proceeds; appropriations; specify purposes, programs.............................. SR 529 Medical Schools or Teaching Hospitals; primary care physicians; scholarships, loans, state grants.............................................................................................................. SB 391 OCGA Title 20; code revisions and modernizations .............................................HB 1228 Postsecondary; HOPE or PROMISE Scholarships, Grants; eligibility................HB 1556 Postsecondary; scholarships; North Georgia College ROTC students.................HB 1552 Postsecondary; service cancelable loans; National Guard members ...................HB 1516 Pre-kindergarten Programs; appropriation of lottery proceeds ............................. SR 529 Pre-kindergarten Programs; use of Lottery for Education Proceeds...................HR 1002 Prescribed Courses; home economics may include parenting education ................ SB 41 Private or Home Study; school drop-outs; reports for purpose of driver's license suspension................................................................................................................ SB 678 Private School, Home Study Enrollment; driver's license eligibility.................... SB 602 Private Schools; public tuition assistance grants; school choice............................ SB 259 Professional Practices Commission; abolish; transfer functions to Professional Standards Commission........................................................................................... SB 535 Public Colleges and Universities Admissions and Scholarship Awards ............... SB 632 Public Education Disciplinary Reform Study Committee....................................... SR 632 Public Education Reform Act of 1997; deregulate certain services....................... SB 387 Public Libraries; encourage placement of child parenting books.......................... SR 579 Public or Private School Grounds; possession of alcoholic beverages................... SB 111 Public School Employees; retirees; health insurance coverage.............................. SB 534 Public School Employees; retirees; health insurance coverage............................HB 1273 Public School Employees Retirement; establishing spousal benefits ..................HB 1082 Public School Employees Retirement; increase monthly benefits .........................HB 381 Public School Employees Retirement; survivor benefits; beneficiary..................HB 1096 Public School Facility Sites; county property; sale or disposition.......................HB 1550 Public School Personnel; decrease in local salary supplements .............................. SB 29 Public School Principals, Teachers and Employees Who Lost Their Lives in Line of Duty; honoring......................................................................................................... SR 704 Public School Sites; exchange, lease of county property........................................ SB 612 Public School System Employees; prohibitions against labor strikes.................HB 1373 Public Schools; close November 11 to honor Veterans Day................................... SB 519 Public Schools; display of POW/MIA Flag............................................................... SB 426 QBE; enact Georgia Education Local Control Act of 1997 .................................... SB 381 QBE; funding formula; program weights; instructional programs; media center staff costs and materials.................................................................................................HB 409 QBE Funding Formula; reauthorize Blue Ribbon Study Committee.................... SR 467
Refer to numerical index for page numbers

INDEX

2357

EDUCATION (Continued) QBE Funding; high school programs; PTE student enrollment count................. SB 565 QBE Funding; high schools; count students enrolled college courses.................. SB 447 QBE Funding; interdistrict joint schools; governing body..................................... SB 576 QBE Funding; overcrowded middle schools; merged schools equalization grants; foreign language instruction .................................................................................. SB 491 QBE; grants for middle school programs; qualifying provisions........................... SB 331 QBE; local fair share formula; alternative method of calculating........................ SB 193 QBE; local fair share funds; 3-year increase in student FTE count.................... SB 192 QBE; midterm adjustment amount; personnel training and experience.............. SB 194 QBE; program weights; maximum K-2 students taught by one teacher............... SB 60 Remedial Education Services for Students in Grades 6 through 12.................... SB 332 Remedial; school systems joining to form after-school programs.......................... SB 404 Retired Teachers At the Capitol Day; declaring ..................................................... SR 470 Sales Tax for Education; proceeds distribution formula by local Act.................HB 1520 Sales Tax; local option for education; resolution to impose tax............................ SB 517 Scholastic Aptitude Test Review; implement test-taking skills course................... SB 85 School Attendance; mandatory age; change from age 16 to 17 years .................. SB 106 School Bond Elections; date; November general election; exception..................... SB 256 School Buildings; minimum distance for alcoholic beverage sales........................ SB 298 School Buses; equipment requirements; passenger seat belts............................... SB 293 School Choice; public tuition assistance grants for private schools...................... SB 259 School Choice; Study Committee on Controlled School Choice............................. SR 366 School Choice Vouchers; create joint committee to study........................................ SR 21 School Choice Vouchers; create Senate Committee to study ................................... SR 22 School Discipline; standards for expulsion; alternative placement....................... SB 614 School Districts; rule-making procedures; Regulatory Reform Act....................... SB 416 School Dropouts; enrollment, attendance for a driver's license............................... SB 38 School Health Care Joint Study Committee............................................................ SR 677 School Health; students self-administering medication; guidelines ...................... SB 547 School Public Works Projects; prohibit employment of illegal aliens ................... SB 257 School Safety; official duties; juvenile criminal records access ............................. SB 421 School Safety; prohibited conduct on premises; penalty........................................ SB 406 School Safety; students convicted any felony; discipline procedures.................... SB 161 School Support Personnel, Joint Study Committee on........................................... SR 646 School Support Personnel; scope of responsibility; study committee.................... SR 397 School Year; grants for lengthening student days to 200 or 220..........................HB 244 Schools; Adapted Sports Programs; committee to study........................................ SR 263 Schools; gun safety training to prevent accidents among children....................... SB 407 Schools; prohibit pandering for prostitution within certain distance................... SB 158 Sex Education; instruction in legal consequences of parenthood........................HB 1654 Special Ed Programs; disabled students; assessment testing................................ SB 429 State Board; members; election from each congressional district by General Assembly.................................................................................................................... SR 37 State Board; urge require study of Declaration of Independence, U.S. Constitution and Federalist Papers............................................................................................. SR 735 State School Superintendent; election by plurality vote ......................................HB 1529 State School Superintendent; nonpartisan election................................................ SR 612
Refer to numerical index for page numbers

2358

JOURNAL OF THE SENATE

EDUCATION (Continued) State School Superintendent; qualifications for office; education and employment as a teacher...................................................................................................................... SR 170 State School Superintendent; qualifications; repeal provisions.............................SB 236 Student Disciplinary or Criminal Records; dissemination; removal of problem students from classroom; alternative placement................................................. SB 161 Student Discipline; require uniform student dress code........................................ SB 305 Student Loans; failure to pay; deny, suspend professional licenses.....................HB 884 Student Misconduct, School Absenteeism or Drop-out; reports for purpose of driver's license suspension................................................................................................... SB 678 Student Remedial Services; reading, math, writing deficiencies........................... SB 332 Student Test Scores for Promotion to Higher Grade; reading, math ................... SB 429 Student's Achieving Perfect Score on SAT or ACT; Senate recognition............... SR 563 Students At-Risk; programs to improve; additional grant funds............................ SB 97 Students; dual high school and college cooperative programs............................... SB 387 Students Receiving Public Assistance as Parents; parenting course...................... SB 41 Students Suspended or Expelled May Be Placed Alternative Classroom............ SB 129 Students Test-taking Skills Course for SAT, Other Assessment Tests .................. SB 85 Teacher Technology Training; funding; limit use of lottery proceeds................... SR 529 Teachers; certificated personnel; state salary schedule........................................HB 1220 Teachers; computer technology access; use of Lottery proceeds..........................HR 1002 Teachers Employed by Corrections Department; re-employment.......................... SB 156 Teachers; filing objection to disciplinary problem student in class....................... SB 129 Teachers; grades K-2; maximum number of students who may be taught............ SB 60 Teachers; new hires; school year contracts; term of years renewable.................. SB 386 Teachers Retirement; benefits; service rendered under Regents Plan..................HB 943 Teachers Retirement; change in employment; transfer of membership ...............HB 661 Teachers Retirement; creditable service; accumulated sick leave .........................HB 203 Teachers Retirement; creditable service; forfeited leave .......................................... SB 79 Teachers Retirement; creditable service; private school service............................ SB 328 Teachers Retirement; creditable service; U.S. Defense Department..................... SB 108 Teachers Retirement; crediting of time; General Assembly members.................. SB 277 Teachers Retirement; restoration to service; benefits wrongly paid..................... SB 558 Teachers Retirement; retiree benefits; person predeceases member...................HB 1081 Teachers Retirement; survivor benefits; secondary beneficiary ...........................HB 1096 Teachers; school health care policies; student medications.................................... SB 547 Teachers Seeking National Certification; paid leave; state salary......................HB 1183 Technical and Adult; commissioner; membership on Information Technology Policy Council....................................................................................................................HB 1404 Technology Education Study Committee; create..................................................... SR 676 Technology Training in Public High Schools; use of Lottery funds...................... SB 462 University System; Board of Regents; disposition of certain art ........................HB 1201 University System; GEA(U); revenue bond projects; rentals; accounts................ SB 292 Vocational Student Organizations; resource planning; joint study....................... SR 557 Vocational Student Organizations; Senate Study Committee................................SR 596
EDWARDS, JAMES DON, PH.D., HONORING......................................................... SR 497
EDWARDS, TERESA; commend................................................................................... SR 768
EFFINGHAM COUNTY; Surface Water Withdrawal; permits; coastal counties.... SB 415
Refer to numerical index for page numbers

INDEX

2359

ELDERLY Abuse of a Vulnerable Adult or Elder Person; warrantless arrests...................... SB 159 Ad Valorem; homestead exemption; senior citizens; referendum.......................... SB 663 Ad Valorem; tax exemption, full value of homestead; persons age 70................. SB 550 Ad Valorem; tax exemption; person absent from home due to health ...............HB 1174 Ad Valorem; tax exemption; surviving spouses age 65 or over............................. SB 626 Assisted Living; new category of facilities; licensing; regulation..........................HB 287 Battery Against Family Members Age 65 or Older; criminal penalty.................... SB 67 Disability Commissions; establishment by local governments............................... SB 383 Durable Power of Attorney for Health Care; appointment of a guardian............ SB 184 Family Caregiving Expenditures for the Disabled; income tax credit................HB 1513 Geriatric Medicine; encourage curricula at medical universities.......................... SR 587 Guardianships; Temporary Health Care Placement Decision Maker................... SB 549 Health Insurance; continuation of coverage for surviving spouse......................... SB 320 Income Tax; retirement income; increase exclusion amount...............................HB 1424 Income Taxes; increase deduction amount beginning 1998 tax year..................HB 1162 Insurance Fraud Against Persons 60 Years of Age; increased penalties..............HB 233 Local Government Authorities Registration; reporting procedures.....................HB 1557 Long-term and Retirement Care; senior housing; committee to study................. SR 600 Offense of Battery or Assault Against Persons Age 65 or Older.......................... SB 510 Senior Week at Capitol; declaring January 26-30 .................................................. SR 519 Silver-Haired Legislature Fund; establish; income tax refunds............................ SB 151
ELECTED OFFICIALS (See Public Officers or Elections)
ELECTIONS (Also See Ethics in Government and Voting) Amend Constitution; abolish State Board of Pardons and Paroles; grant authority to General Assembly.................................................................................................... SR 215 Amend Constitution; ad valorem; freeze residential property values................... SR 472 Amend Constitution; ad valorem property appraisal; purchase price.................. SR 558 Amend Constitution; ad valorem tax; eliminate on tangible property................. SR 541 Amend Constitution; additional penalties, fees for DUI offenses; allocate to Brain and Spinal Injury Trust Fund....................................................................................... SR 144 Amend Constitution; Allow General Assembly Convene Special Veto Consideration Sessions.................................................................................................................... SR 498 Amend Constitution; bills for revenue or appropriate money; originate in House or Senate......................................................................................................................... SR 55 Amend Constitution; court jurisdiction; cases involving title to land and in equity cases.......................................................................................................................... SR 661 Amend Constitution; create a Water Resources Authority.................................... SR 545 Amend Constitution; create Recycling and Solid Waste Reduction Fund.............. SR 56 Amend Constitution; create State Government Waste Task Force....................... SR 171 Amend Constitution; election of Local School Superintendents.............................. SR 76 Amend Constitution; election of Senate members; four-year term....................... SR 161 Amend Constitution; establish limitation on state expenditures.......................... SR 177 Amend Constitution; General Assembly special veto consideration sessions ....HR 1035 Amend Constitution; General Assembly; term limitations; six consecutive two-year terms......................................................................................................................... SR 216 Amend Constitution; Georgia Senate; minimum age to be elected......................... SR 41
Refer to numerical index for page numbers

2360

JOURNAL OF THE SENATE

ELECTIONS (Continued) Amend Constitution; Indemnification of State Highway Employees Killed or Permanently Disabled............................................................................................... SR 64 Amend Constitution; juries in civil trials consist of six jurors ............................. SR 200 Amend Constitution; Land, Water, Wildlife, Recreation Heritage Fund.............. SR 532 Amend Constitution; Legislation Providing or Increasing State Taxes, Fees, Assessments or Charges; approval by 2/3's of General Assembly..................... SR 147 Amend Constitution; local Multijurisdictional Service Commissions.................... SR 564 Amend Constitution; Lottery for Education Proceeds; specify purpose..............HR 1002 Amend Constitution; Lottery Proceeds; specify education priorities..................... SR 529 Amend Constitution; motor vehicle taxation; formula; prorations........................ SR 132 Amend Constitution; Pardons and Parole; abolish for certain crimes.................. SR 463 Amend Constitution; parole restrictions; persons convicted crimes against children....................................................................................................... SR 487 Amend Constitution; prohibit total outlays appropriated to state exceed revenue sources; requirements of General Assembly......................................................... SR 248 Amend Constitution; provide additional penalties, fees; allocate for construction, operation, staffing of municipal jails .................................................................... SR 331 Amend Constitution; provide for an Environmental Trust Fund............................ SR 86 Amend Constitution; public initiative petition process .............................................. SR 8 Amend Constitution; public initiative petition process to enact or reject statutes.......................................................................................................... SR 176 Amend Constitution; public initiative process to propose, amend, enact or reject Laws ......;.................................................................................................................. SR 146 Amend Constitution; Roadside Enhancement and Beautification Fund .............. SR 559 Amend Constitution; State Board of Education; election from each congressional district by General Assembly................................................................................... SR 37 Amend Constitution; State Budget; surplus funds; taxpayer refund.................... SR 533 Amend Constitution; State School Superintendent; nonpartisan election............ SR 612 Amend Constitution; State School Superintendent; qualifications........................ SR 170 Amend Constitution; tax defaulters ineligible hold public office .............................. SR 6 Ballots; antifraud warning; appointment of statewide poll watchers.................HB 1268 Ballots; early voting procedures; additional voting sites; grants.......................... SB 686 Bond Elections; date of November general election; exception.............................. SB 256 Campaign Contributions; employee deductions for political purposes.................. SB 617 Campaign Contributions; employee deductions for political purposes.................. SB 691 Campaign Contributions Illegally Accepted; attorney general opinion................. SB 546 Campaign Contributions Prohibited from Lottery Vendors or Gambling Businesses................................................................................................................ SB 606 Campaign Contributions, Reporting; illegally accepted funds............................... SB 605 Campaign Finance Reform and Ethics Study Committee; create......................... SR 333 Campaign Finance Reform; joint committee to study............................................ SR 270 Candidates for All Public Office; nomination by political bodies.......................... SB 551 Code Revision; general and local laws; merge provisions...................................... SB 630 County Registrars; chief deputy; increase compensation .....................................HB 1413 Elections, OCGA Title 21; correct errors and omissions......................................HB 1229 Ethics; General Assembly members; prohibit accept lobbyists gifts..................... SB 177
Refer to numerical index for page numbers

INDEX

2361

ELECTIONS (Continued) Ethics; law enforcement officers engaging in political activities............................. SB 53 Executive Officers Qualifying for Re-election; prohibit certain mass mailings at state expense .....................................................................................................................HB 873 General Assembly members; maximum allowable campaign expenditures ......... SB 248 Judges of the Court of Appeals; increase to 13; term of office................................ SB 78 Labor and Employer Campaign Finance Reform Act; unlawfully withholding employee wages or salary for political purposes ................................................. SB 497 Local Election Officials; training; duties; registration of non U.S. citizens; elector's lists; polling places; ballots.................................................................................... SB 593 Municipal Election Code; delete Chapter 3 of Title 21.......................................... SB 630 Municipal; electronic voting systems; optical scanning tabulators .....................HB 1268 Municipal; notice of candidacy; change filing day................................................... SB 112 Municipal; official state-wide poll watchers; designation....................................... SB 466 Municipal; voting by absentee ballots without giving reason................................HB 543 Municipal; write-in candidates; notice of intent filing deadline............................ SB 532 Nomination of Candidates by Petition; signatures required.................................. SB 149 Nonpartisan Election Without Prior Primary; candidates for certain judicial and local offices........................................................................................................................HB 820 Plurality Vote Provisions; certain state-wide public offices.................................HB 1529 Poll Watchers; designation of official state-wide poll watchers............................. SB 466 Primaries to Nominate Candidates; change date to September............................ SB 204 Public Officials; required oath of office ....................................................................HB 458 Public Service Commission; divide state into single-member districts...................HB 95 Qualification Fees for Certain County, Municipal Offices ...................................HB 1202 Recall of Public Official Holding Elective Office; burden of proof ........................HB 942 Referendum Elections on Question of Imposing a Local Sales Tax...................... SB 264 Referendum on Property Tax Exemption for Religious Organizations...............HB 1388 Senatorial Districts 3 and 6; change descriptions .................................................. SB 644 Senatorial Districts 34 and 44; change descriptions .............................................. SB 642 Senatorial Districts 48 and 56; change descriptions .............................................. SB 250 Sheriffs; qualifications to hold office; disqualifying offenses ................................. SB 142 State Office Campaign Finance Joint Study Committee; create........................... SR 255 State Office Campaign Finance Study Committee; create..................................... SR 254 State Officers; random drug testing; public inspection of results......................... SB 455 State Officials; candidates for office; prohibited agency mailings......................... SB 268 State School Superintendent; qualifications; repeal provisions............................. SB 236 Statewide Referendum; ad valorem tax exemption; senior citizens...................... SB 663 Statewide Referendum; provide criminal liability for unsafe storage of a loaded firearm within reach of a minor............................................................................ SB 190 Statewide Referendum; tax exempt vehicles owned by former POW's...............HB 1145 Voter Identification; valid documents; present at polling place .............................. SB 43 Voting by Absentee Ballot Without Giving a Reason for Such Choice.................HB 543 Voting Equipment; electronic recording; optical scan ballots ..............................HB 1268 Voting Equipment Purchases; use of special county 1% sales tax......................HB 1467 Voting; procedure for voting early ballots; additional voting sites........................ SB 686 Voting; straight political party ticket or modified party voting............................ SB 587
Refer to numerical index for page numbers

2362

JOURNAL OF THE SENATE

ELECTRIC UTILITIES Customer Payment Centers; contract terms............................................................ SB 654 Customer Payment Centers; prohibited contracts................................................... SB 653 Electricians; contractors; Journeyman Licensing Act............................................. SB 597 Franchise Fees; amount and structure of; joint committee to study.................... SR 544
ELECTRONIC TECHNOLOGY AND TRANSMISSIONS Arrest Warrant Applications; utilization of Video Conference............................... SB 411 Computer Materials Deemed Harmful to Minors; prohibited advertising........... SB 312 Computer Records of Department of Corrections; admissible evidence.................. SB 47 Electronic Commerce Study Committee; abolition date, reports........................... SB 433 Electronic Filing of Campaign Contribution Disclosure Reports; accessible via the Internet ....................................................................................................................SB 441 Electronic Records, Signatures, Contracts; legal authenticity............................... SB 433 Electronic Voting Systems; optical ballot scanning tabulators............................HB 1268 Electronic Warehouse Receipts Issued for Cotton; approved providers................ SB 544 Electronically Transmitted Prescription Drug Orders; regulations.......................HB 330 Financial Identity Fraud, Criminal Offense of; penalties...................................... SB 513 Georgia Information Technology Policy Council; powers, duties........................... SB 433 Information Technology Policy Council; add DOT Commissioner......................... SB 555 Information Technology Policy Council; members of state agencies ...................HB 1404 Information Technology Relating to Technical Institutes and Public Libraries Study Committee................................................................................................................ SR 334 Invasive Computer Technologies; committee to study consumer privacy............. SR 301 Pardons and Paroles, State Board; implement electronic call system.................... SB 23 Political Subdivisions Have No Liability for Certain Computer Error................. SB 638 State Government Year 2000 Computer Compliance; appropriations ................HB 1166 Study Commission on Promoting Aerospace Development, Commercial Space Activities, and Telecommunications Technology.................................................... SR 46 Technology Education Study Committee; create..................................................... SR 676 Technology Training Program to Prepare Students for Related Jobs................... SB 499
ELLIJAY APPLE MARKETING ASSOCIATION; commend..................................... SR 570
ELLIJAY-GILMER COUNTY WATER AND SEWERAGE AUTHORITY..............HB 1925
EMANUEL COUNTY Emanuel County Jail Authority Act; enact ...........................................................HB 1815 Stillmore, City of; new charter................................................................................HB 1742
EMERGENCY MANAGEMENT (Also See Disaster Emergencies or Military) Disaster Volunteers; paid leave; certain certified state employees .....................HB 1266 Emergency 911 Telephone Communications; landline or wireless; procedures to operate local systems; monthly charges................................................................ SB 572
EMERGENCY MEDICAL SERVICES Ambulances Operated by Business, Industry to Benefit Employees .................... SB 424 Arrests of Persons Not Yielding Right of Way to Emergency Vehicles ................ SB 516 Crimes Involving Injury or Death of EMS Personnel; punishment...................... SB 618 Emergency Medical Services (EMS) Recognition Day; observance ....................... SR 675 Emergency Medical Technicians; creating a public retirement system................ SR 681 Emergency Telephone Number 911; duties of public safety responders .............. SB 379 Emergency Telephone 911 Systems; salaries, equipment and supplies................ SB 237
Refer to numerical index for page numbers

INDEX

2363

EMERGENCY MEDICAL SERVICES (Continued) Hepatitis C Exposure in Performance of Duty; vaccination, screening..............HB 1410 Patient Defibrillation Care Upon Cardiac Arrest; training required.................... SB 566 Providers; emergency nonconsensual treatment for Attempted Suicide................. SB 36 Standards for Certifying and Recertifying Paramedics, Technicians.................... SB 543
EMERGENCY TELEPHONE 911 SYSTEMS Communications Centers; performance reports; public inspection........................HB 278 Communications Dispatch Center Officers; TDD training; compliance................HB 812 Disbursement of Funds for Personnel, Equipment and Supplies.......................... SB 237 Interfering With Telephone Call for Emergency Assistance; penalty................... SB 460 Public Safety Responders; duties; requests for emergency service....................... SB 379 Wireless, Mobile Connections; expand services; implement charges; create '911' Advisory Committee................................................................................................ SB 572
EMINENT DOMAIN; Water Resources Authorities; powers to acquire property... SR 545
EMPIRE REAL ESTATE BOARD, INC.; commend................................................... SR 659
EMPLOYEE HEALTH BENEFIT PLAN, STATE Insurance Coverage; Morbid Obesity Anti-discrimination Act.............................. SB 490 Insurance; health; Managed Care Responsibility Act of 1997............................... SB 211
EMPLOYEES' RETIREMENT SYSTEM Appellate Court Judges; reduce retirement age eligibility.......................................HB 56 Benefit Calculation; highest average monthly compensation ................................HB 886 Creditable Service; former employees; Foundation for Public Broadcasting in Georgia, Inc...................:.........................................................................................................HB 885 Creditable Service; legislative branch employees..................................................HB 1103 Creditable Service; military active service; former teachers employed by U.S. Defense Department.............................................................................................................. SB 109 Creditable service; prior service in the executive branch......................................HB 944 Creditable Service; transfer credit earned local pension plan.............................HB 1088 Disability Benefits; minimum for injured law enforcement personnel................. SB 291 Disability Benefits; parole and probation officers................................................... SB 326 Georgia Lottery Corporation Employees; retirement options ................................HB 441 Members; change in employment; transfer of membership credit........................ HB 661 Members; retire after 25 years regardless of age; reduced benefits.....................HB 443 Members; retirees; spousal benefit option ...............................................................HB 442 Membership; employees of district attorneys ..........................................................HB 937 Membership; employees of district attorneys; prior service credit........................HB 724 Membership; options for employees of Lottery Corporation.................................. SB 290 National Guard Members; provide a Georgia Military Pension Fund.................. SB 168 Persons First Employed at Age 60 or Later; membership options .......................HB 936 Survivor Benefits; allow payment to a secondary beneficiary.............................HB 1096
EMPLOYMENT Drug-Free Workplace Programs; insurance premium discounts............................ SB 155 Employer Reports of Persons Hired; Child Support Recovery Registry .............HB 1307 Food and Beverage; employee tips; employer excess social security tax payments; state income tax deduction..................................................................................HB 1437 Insurance; group life; insured employees payment of premiums........................HB 1687
Refer to numerical index for page numbers

2364

JOURNAL OF THE SENATE

EMPLOYMENT (Continued) Insurers; discriminating against certain communities prohibited........................... SB 45 Minimum Wages; increase to federal poverty level; annually adjust................... SB 629 Professional Employer Organization Act; employee leasing companies ............... SB 126 State Employment; home study graduates; no restrictions................................... SB 412 Unemployment Compensation; employer contributions; payment waivers .......... SB 557 Unemployment Compensation; employer drug-free workplace rates; weekly benefits; child support enforcement....................................................................................HB 1140 Wages; increase hourly amount to be paid to federal minimum........................... SB 432 Workers' Compensation; self-insured employers; security deposits....................... SB 166
EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations) Professional Employer Organizations, Employee Leasing Companies.................. SB 126 Unemployment Compensation; benefits; child support obligations.....................HB 1140 Unemployment Compensation; employer drug-free workplace rates ..................HB 1140 Unemployment Compensation; restrict usage of insurance trust funds.............HB 1140 Unemployment Compensation; waive employer de minimis contributions.......... SB 557 Unemployment Insurance; employer tax contributions; request state pilot project to run own UI System................................................................................................. SR 351
ENGINEERS AND LAND SURVEYORS Land Surveying; platting sewer connections; training certification...................... SB 647 Land Surveyors; damage actions against; 7-year period of limitation ................. SB 147 Land Surveyors; errors, omissions; damage action limitation period.................HB 1154 Public Swimming Pools; design and construction requirements........................... SB 438
ENGLISH, BLACK; ebonies; prohibit teach as a distinct language........................... SB 51
ENRIGHT, ALICE; Deputy Secretary of the Senate; introduced, remarks........ Page 1961
ENRIGHT, ALICE E.; Deputy Secretary of the Senate; recognize .......................... SR 797
ENTERPRISE ZONE, ATLANTA URBAN; designation; adding land; tax status..........................................................................................................................HB 1629
ENTERTAINMENT Professional Boxing Matches; regulation by State Boxing Commission...............HB 396 Sales of Tickets for Admission to Events; limit service charges........................... SB 639
ENVIRONMENTAL PROTECTION (Also See Natural Resources or Hazardous Materials) Air, Ozone Quality; urge long-range Regional Transportation Plan...................HR 1100 Air Pollution Crisis; encourage use of Low Sulphur Motor Fuels ........................ SR 591 Air Pollution; vehicle emission standards; compliance; enforcement..................HB 1707 Air Quality, Ozone Standards; low-emission vehicles; tax credits......................HB 1596 Air Quality Standards for Ozone; low-emission vehicles; tax credits.................HB 1161 Alternative Fueled Vehicles/ILEV; special license plates....................................... SB 554 Chemical Weapons; proposed incinerator in Alabama; public hearings............... SR 152 Coastal Ground-Water Resources; water supply problems; study of..................... SR 225 Drinking Water Standards; privately-owned public water systems...................... SB 252 Environmental Trust Fund; provide by law; reparation of damages...................... SR 86 Hazardous Materials; transporting nuclear fuel or radioactive waste ................. SB 548 Hazardous Site Inventory List; returning property to productive use................. SB 486 Lead-based Paint Hazard Reduction Program; abatement activities.................... SB 481
Refer to numerical index for page numbers

INDEX

2365

ENVIRONMENTAL PROTECTION (Continued) Natural Resources; property; river basins; permits, variances............................HB 1592 Natural Resources; Public Environmental Enforcement Act of 1997 ................... SB 174 Negative Impact of Railroad Freight Facility, Southwest Cobb County .............. SR 614 Recycling and Economic Development Study Committee; create.......................... SR 112 Recycling and Solid Waste Reduction Fund; amend Constitution .......................... SR 56 Recycling, Litter Reduction; beverage container deposit-redemption.................... SB 191 Solid Waste; municipal disposal amount; long-term reduction goals...................... SB 98 Solid Waste Trust Fund; revenues from special license plates............................... SB 63 Stone Mountain Park; preserve natural areas; use of revenue funds.................. SB 367 Waste Management; recycled paper products; state agency guidelines................ SB 255 Waste Management; state purchasing of recycled content paper.......................... SB 574 Waste-water Pollution Control Plants; excess phosphorus discharge ................... SB 611 Waste-water Treatment Plants; construction; meeting discharge level................ SB 610 Water; Middle Chattahoochee Water Resources Authority; jurisdiction............... SB 520 Water Pollutants; swine feeding operations; committee to study.......................... SR 840 Water Pollution by Waste-water Treatment Facilities; state oversight and private contractor operate to correct violations ..............................................................HB 1163 Water Pollution; improper usage of surface water; history of violations; grounds for refusal of use permits...........................................................................................HB 1432 Water, Public Systems; failure comply ERA orders; per day penalty................... SB 486 Water Resources Authority; create; manage nonconforming facilities.................. SR 545 Water Supply Source; restriction on rock quarry operations................................. SB 679 Waters of State;.land-disturbing activities; buffer zones .....................................HB 1593 Waters, Wetlands; pollutant discharge facilities; permit to operate ..................... SB 347
EROSION AND SEDIMENTATION CONTROL ACT Metropolitan River Protection Act; stream corridors, drainage basin.................. SB 661 Soil and Water Conservation Districts; education projects; expenses.................HB 1301 Soil Erosion; land adjacent trout waters; buffer zone variances.........................HB 1593 Stream Buffer Requirements; variance requests; committee to study ................. SR 644
ESCAPE, OFFENSE OF Escape and Offenses Related to Confinement; trial upon accusations...............HB 1306 Inmates Identified as Street Gang Members; punishment to aid escape ..........HB 1391
ESSENTIAL RURAL HEALTH CARE PROVIDER ACCESS ACT Enact ............................................................................................................................HB 594 Enact ..........................................................................................................................HB 1798
ESTATES (Also See Wills and Property) Durable Power of Attorney for Health Care; appointment of a guardian............ SB 184 Guardians of Incapacitated Adults; evaluation of a proposed ward..................... SB 179 Guardians of Incapacitated Adults; protection of ward's rights............................ SB 181 Guardians of Minors; dissolution of appointed temporary guardians................... SB 180 Income Tax Exemption; increase deduction...........................................................HB 1162 Inheritance Without a Will; decedent's heirs; spouse's inheritance...................... SB 265 Intestate Insolvent; bankruptcy exemption; charitable contributions................... SB 479 Land; rebuttable presumption of a gift by the parent to child............................. SB 230 Power of Attorney; clarify when agent's authority terminates.............................. SB 183
Refer to numerical index for page numbers

2366

JOURNAL OF THE SENATE

ESTATES (Continued) Probate; Pre-1998 Probate Code; The Revised Probate Code of 1998 ................HB 1226 Securities Dealers; split commissions with beneficiary, heir................................... SB 13 Year's Support for Surviving Spouse and Minor Children of Deceased............... SB 395
ETHICS IN GOVERNMENT (Also See Elections or Public Officers) Campaign Contributions Disclosure Reports in Electronic Format...................... SB 441 Campaign Contributions; loans, compensation, reimbursement; prohibit accept from lottery vendors; limits imposed; disclosure reporting ......................................... SB 605 Campaign Contributions Prohibited from Lottery Vendors or Lobbyists for Casinos, Pari-mutuel or Gambling Businesses.................................................................... SB 606 Campaign Finance Reform and Ethics Study Committee; create......................... SR 333 Campaign Financial Contributions Illegally Accepted; legal opinion................... SB 546 Candidates for Elected Constitutional Offices; prohibited mailings ..................... SB 268 Election Campaign Expenditure Limitations; General Assembly members......... SB 248 Elections; Campaign Finance Reform, Joint Study Committee............................. SR 270 Elective Offices; campaign financing; committee to study..................................... SR 254 Employee Wage Deductions for Political Purposes; regulate................................. SB 691 Employee Wage Deductions Unlawfully Withheld for Political Purposes............. SB 497 Executive Officers; candidates for re-election; prohibit certain mass mailing at state expense.....................................................................................................................HB 873 General Assembly Members; acceptance of lobbyists gifts prohibited.................. SB 177 Hospital Authorities; directors; conflicts of interest restrictions........................... SB 261 Hospital Authorities; members; conflicts of interest restrictions..........................HB 330 Law Enforcement Officers Engaging in Political Activities..................................... SB 53 Lobbyist Registration; exemption; Georgia Commission on Women .....................HB 761 Political Contributions; deductions from employee earnings ................................. SB 617 State Office Campaign Finance Joint Study Committee; create........................... SR 255
EVANS MEMORIAL HOSPITAL 30TH ANNIVERSARY; commend....................... SR 742
EVIDENCE Admissibility of Hearsay Statements in Child Abuse Cases................................. SB 459 Admissible; certified documents of Department of Corrections............................... SB 47 Civil Actions Alleging Professional Malpractice; expert witnesses ....................... SB 640 Civil Actions; Discovery of Documents; records from nonparties..........................HB 395 Civil Cases; depositions; court reporters; disqualification waiver......................... SB 185 DUI Alcohol or Drugs; results of chemical testing................................................. SB 659 Judicial or Administrative Proceedings; offense of embracery.............................. SB 283 Tampering or Threatening Witnesses, Victims or Informants; felony penalty; RICO Act and Georgia Street Gangs Act of 1998........................................................HB 1391 Testimony; privileged communication between attorney and client...................... SB 634 Tortious Injury; claims for special damages; double recovery contrary to public policy......................................................................................................................... SB 636
EXAMINING BOARDS, STATE (Also See Professions and Businesses) Advisory Committee on Pain Management for Terminally 111 Patients ............... SB 670 Board of Examiners of Psychologists; create hypnotherapist council................... SB 345 Chiropractors; license renewal; continuing education requirements...................HB 1435 Composite State Board of Medical Examiners; allow function as independent agency to regulate medical practitioners...........................................................................HB 932
Refer to numerical index for page numbers

INDEX

2367

EXAMINING BOARDS, STATE (Continued) Conditioned Air Contractors; unlicensed persons; property seizure .....................HB 300 Cosmetology Schools; curriculum; student training; study of................................ SR 319 Cosmetology Services; licensure; renewal; training; registration.......................... SB 615 Dentistry, State Board of; membership; practicing dental hygienist..................HB 1491 Foresters, State Board of; powers; define unethical conduct...............................HB 1195 Massage Therapists; create state licensing board................................................... SB 300 Medical Physicians; unconventional or experimental procedures ......................... SB 307 Professional Counselors, Social Workers, Therapists; licensing exception; certain public employees........................................................................................................HB 96 Professional Licenses; revocation; final decisions; judicial review........................ SB 344 Professional Licenses; sanctions for defaulting on student loans .........................HB 884 State Board of Pharmacy; appointees; duties; enforcement powers......................HB 330 State Structural Pest Control Commission; membership.....................................HB 1212
EXPLOSIVE DEVICES, BLASTING STANDARDS Blasting or Excavating Near Underground Water, Sewage Facilities ................HB 1098 Combustible or Explosive Conditions in Buildings; code violations...................... SB 608
EYEGLASSES, CONTACT LENSES, VISUAL CARE (See Health or Medical Practice)

FABER, MICHAEL; commend...................................................................................... SR 809
FAIR BUSINESS PRACTICES (Also See Commerce and Trade or Selling) Consumer Credit Reporting Agencies; violations; deceptive practices.................. SB 218 Financial Identity Fraud, Criminal Offense of; penalties...................................... SB 513 Franchise Businesses; marketing and contract rights............................................ SB 246 Home Improvement Contract Regulation Act.......................................................... SB 295 Insurance Rates; prohibit use insured's consumer credit history......................... SB 652 Motor Vehicle Repairs; unlawful practices; consumer protections ........................ SB 225 Rental Rates; false advertising of vehicle rental rates .......................................... SB 621 Retail Installment Contracts; prepayment refunds; retailer costs......................HB 1349 Sales of Sexually Explicit Material; prohibit minors enter premises................... SB 669 Telecommunications Companies; abusive telemarketing acts; sanctions............HB 1130 Telemarketing Calls to Induce Purchase of Goods, Services; regulate................. SB 694
FAIRBURN, CITY OF; mayor, council salaries; Municipal Court powers............... SB 400
FAIRS AND FESTIVALS Food Sales to and by Girl and Boy Scout Members; exempt sales tax..............HB 1656 Nonprofit Organizations Selling Food Items; permits ..........................................HB 1576
FAMILY AND CHILDREN SERVICES, DFACS (Also See Human Resources and Public Assistance) Fathers Duty to Support His Child Born Out-of-Wedlock; enforcement................ SB 58 Findings of Parents Subjecting Child to Abandonment, Torture, Chronic Abuse and Sexual Abuse; petition to terminate parental rights ........................................HB 1585 Foster Care Homes; criminal background check requirements ............................. SB 244 Social Assistance Register; persons willing to help DFACS recipients ................ SB 267
Refer to numerical index for page numbers

2368

JOURNAL OF THE SENATE

FAMILY VIOLENCE (Also See Domestic Relations or Crimes) Abuse of a Vulnerable Adult or Elder Person warrantless arrests....................... SB 159 Child Custody Cases Alleging Abuse; juvenile court jurisdiction ........................... SB 74 Child Custody; evidence of abuse; supervised parental visitation..........................SB 71 Crimes of Assault, Battery Against Family Members; specific penalty ................. SB 67 Family Violence Shelters; disclosure of location unlawful; penalty ......................HB 413 Health Insurers; victims of violence or abuse; discriminatory acts...................... SB 186 Offenses of Battery and Assault; penalties; no suspended sentence .................... SB 510 Petitions for Relief Involving Nonresidents; court jurisdiction.............................. SB 160 Stalking; protective orders to bring about cessation of conduct..........................HB 1639
FANNIN COUNTY Ad Valorem; school taxes; homestead exemption; senior citizens .......................HB 1830 Board of Commissioners; employment of personnel and compensation ............... SB 627 Board of Registrations and Elections; member terms; poll workers..................... SB 628
FANNIN COUNTY HIGH SCHOOL BAND; commend............................................. SR 539
FARMS AND FARMERS (Also See Agriculture) Ad Valorem Tax Exemption; all livestock................................................................ SB 419 Ad Valorem Tax Exemption; livestock, farm products, plants, trees ..................HB 1350 Agricultural Commodity Commission for Peanuts; overview committee.............. SB 365 Agricultural Production Losses; urge disaster assistance to farmers................... SR 492 Agricultural Products; warehousemen, grain dealers; breach of bond................HB 1211 Agriculture Commissioner; subpoena powers; records of licensees....................... SB 102 Cotton Growers; Boll Weevil Eradication Program; assessments........................HB 1242 Federal Crop Insurance Program; urge protect farmers against losses ...............HR 856 Hard Cider; certain fermented Apple Juice deemed a Malt Beverage...............HB 1180 Livestock Sold by Georgia 4-H Clubs, FFA Chapters; bond exemption.............HB 1460 Southern Dairy Compact Commission to Regulate Milk Prices; create............... SB 420 Swine Feeding, Confined Operations; study environmental risks......................... SR 840
FATHERHOOD RESPONSIBILITY ACT; support for child born out-of-wedlock..... SB 58
FEDERAL GOVERNMENT (Also See Congress) Agricultural Production Losses; urge disaster assistance to farmers................... SR 492 Community Development Finance Institute Program; participation.................... SB 389 Consumer Credit Reporting Reform Act; state enforcement................................. SB 218 Declaring Georgia's Sovereignty Under the U.S. Constitution................................ SR 74 Department of Defense; certain former teachers; state retirement...................... SB 109 Department of Defense Schools; creditable teacher retirement service................ SB 108 Federal Crop Insurance Program; urge protect farmers against losses ...............HR 856 Federal Funding; approval of PeachCare for Kids health care program.............. SB 410 Federal ISTEA/Transportation Legislation; study of impact on state ..................HR 464 Federally Funded Health Clinics; urge prohibit noncompete clauses................... SR 692 Fire Ants; eradication, control; urge increased federal funds................................HR 842 Health Plans; associations, multiple employer welfare arrangements; opposing inadequate federal standards................................................................................. SR 766 Health Plans; associations, multiple employer welfare arrangements; opposing state insurance oversight exemption ............................................................................HR 1278 Relative Conrail Acquisition Plan; supporting balanced competition, competitive freight service and rail passenger service............................................................ SR 178
Refer to numerical index for page numbers

INDEX

2369

FEDERAL GOVERNMENT (Continued) Sanctions Against Cuban Communist Dictatorship; supporting........................... SR 662 Securities Markets Improvement Act; conform state regulations .......................HB 1372 State Sovereignty and Federal Tax Funds Act........................................................ SB 684 Tomato Spotted Wilt Virus Research; urge increase federal funding...................HR 843 Unemployment Insurance; request pilot project to run own UI System.............. SR 351 Urge Congress Reduce Motor Fuel Tax on Low Sulphur Fuels............................ SR 591 Urge Environmental Protection Agency to Hold Hearings in NW Georgia on Proposed Chemical Weapons Incinerator, Anniston, Alabama........................................... SR 152 Urge Grant Citizenship to Hmong and Lao Soldiers Who Served with U.S. Armed Forces in Vietnam War........................................................................................... SR 474
FENNELL, LARRY AND BRENT; condolences to parents at tragic loss ............... SR 709
FERRELL, ELDER WILLIE; commend....................................................................... SR 810
FETICIDE; further define offense by a pregnant woman to her unborn child....... SB 405
FIDUCIARY; Uniform Commercial Code-Investment Securities; rules................... SB 402
FINANCIAL IDENTITY FRAUD; enact Personal Financial Security Act............... SB 513
FINANCIAL INSTITUTIONS (See Banking and Finance)
FINCHER, W. W., JR.; name highway Parkway to honor; Gordon County.............HR 954
FINES AND FORFEITURES Compensation to Municipalities for Role in Prosecuting Cases............................ SB 607 Driver Leaving Premises Without Paying for Dispensed Gasoline .....................HB 1578 Offense of Failure to Wear a Seat Safety Belt......................................................HB 1169 Sexual Offender Registration Fund; special account; add penalty........................ SB 545
FINGERPRINTS Criminal History Records of Prospective Renters; disclosure................................HB 122 Driver's License Applicant Fingerprinting; repeal requirement..............................HB 62 Driver's License Applicants; delete requirement provisions .................................. SB 164 Driver's License Issuance Requirements; religious exemption.............................. SB 439 Driver's Licenses and ID cards; repeal fingerprinting requirement......................... SB 2
FIRE ANTS; eradication, control; urge increased federal funds...............................HR 842
FIRE PROTECTION AND SAFETY Blasting or Excavating Near Underground Water, Sewage Facilities ................HB 1098 Buildings Presenting Special Hazards; assisted living facilities...........................HB 287 Buildings Presenting Special Hazards; conflicting codes, standards.................... SB 212 Crimes Involving Injury or Death of a Firefighter; punishment.......................... SB 618 Fire and Dangerous Hazards or Defective Conditions; code violations................ SB 608 Fire Departments; requirements to function; compliance....................................HB 1270 Fire Departments; search and rescue dogs; destroying or injuring....................HB 1425 Fire Insurance Rates; property location to responding fire station...................... SB 511 Fire Insurance; rating class variances; fire engine travel time ............................ SB 512 Firefighters; Hepatitis C Exposure; vaccination, screening.................................HB 1410 Firefighters' Pension Fund; benefits; spouse or beneficiary...................................HB 338 Firefighters' Pension Fund; creditable service; prior service ...............................HB 1071 Firefighters' Pension Fund; members; prior service credit ....................................HB 336
Refer to numerical index for page numbers

2370

JOURNAL OF THE SENATE

FIRE PROTECTION AND SAFETY (Continued) Firelighters' Pension; survivor benefits; secondary beneficiary...........................HB 1096 Firefighters' Recognition Day; observance ............................................................... SR 482 Firemen; death or bodily injury; indemnification ................................................... SB 592 Firemen's Pension Fund; membership; expand eligible firefighters ..................... SB 128 Fireworks Displays; magazine licenses; storage for use other state..................... SB 311 OCGA Title 25; code revisions and modernizations .............................................HB 1228 Volunteer Fire Departments Consolidating Into Nonprofit Corporation................ SB 30
FIREARMS AND WEAPONS Brady Law Regulations; dealer inquiries; GCIC telephone service ......................HB 290 Crimes Committed While Wearing Bulletproof Body Armor; penalties ............... SB 425 Firearms Kept on Property or Premises; denial of insurance coverage............... SB 562 Firearms Possession by Convicted Felons and First Offender Probationers; felony cases; trial upon accusation .................................................................................HB 1306 Firearms Protection for Minors; unsafe storage of a loaded gun; criminal liability; statewide referendum ............................................................................................. SB 190 Georgia Drugs and Narcotics Agency; personnel; retention of weapons................HB 92 Handguns; concealed weapons; storage of firearms in private vehicle...............HB 1360 Pistols or Revolvers; accidents among children; criminal negligence of parents or guardian to allow access; gun safety training..................................................... SB 407 Pistols, Revolvers; license prohibited for felony drug conviction........................... SB 350 Students Bringing Weapons to School Punishable by Expulsion............................ SB 92 Unlawful Transportation of a Firearm; driver's license revoked .......................... SB 443 Use of Deadly Force Against an Intruder to Prevent Entry ................................. SB 476 Use of Deadly Force to Defend Personal Property; justification........................... SB 596
FIREFIGHTERS' PENSION FUND Benefits; member dies after 15 years but not retired; survivors..........................HB 338 Creditable Service; fireman or volunteer fireman; prior service...........................HB 336 Creditable Service; 5 years of prior eligible service .............................................HB 1071 Firemen's Pension Fund; membership; expand eligible firefighters ..................... SB 128
FIREWORKS; storage for public exhibitions; magazine licenses.............................. SB 311
FIRST BAPTIST CHURCH OF SPRINGFIELD 150TH ANNIVERSARY............... SR 729
FISHING (Also See Game and Fish) Commercial Crab Fishermen Licensing; trap permits; catch records.................HB 1444 Commercial Fishing Boats; sales tax exemption for motor fuel............................ SB 362 Fishing Tournaments; courtesy licenses; disabled veterans................................... SB 649 Fishing Tournaments; courtesy licenses for disabled veterans............................HB 1633 Honorary Licenses for Peace Officers....................................................................... SB 422 Licenses; salt-water; shrimp boats, sport bait; charter fishing vessels and piers; oneday license fees......................................................................................................HB 1352 Lifetime Sportsman Licenses; proceeds for Wildlife Endowment Fund .............HB 1640 Salt-water Species; seasons; creel, possession and size limits.............................HB 1351 Salt Waters; commercial fishing boats and food shrimp cast netting ................HB 1315 Sport Fishing; limit liability of owner, operators; warning signs .......................HB 1633 Trout Waters; seasons, fishing methods; criminal violations...............................HB 1087
Refer to numerical index for page numbers

INDEX

2371

FLAGS, SEALS, AND OTHER SYMBOLS (Also See State Symbols) POW/MIA, National League of Families Flag; public display............................... SB 426
FLETCHER, WILL; commend ...................................................................................... SR 504
FLOYD COUNTY Ad Valorem; school taxes; homestead exemption; senior citizens .......................HB 1736 Rome and Floyd County Consolidation; advisory referendum election ..............HB 1737
FOGG, B.C. Ill; Claims Against the State; compensate............................................HR 784
FOLKSTON, CITY OF; change corporate limits ......................................................HB 1732
FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies or Public Health) Adulterated or Misbranded Foods Detained or Embargoed; violations ..............HB 1209 Chewing Gum; include in definition applicable to littering...................................HB 248 Food for Nonprofit Pantries and Feeding Centers; state SNAP grants..............HB 1253 Food Sales by and to Girl and Boy Scouts; sales tax exemption........................HB 1656 Food Sales of Fresh or Frozen Seafood, Meat or Poultry From a Mobile Vehicle; licensing; inspection................................................................................................ SB 500 Nonprofit Food Sales at Fairs or Festival Events; permits..................................HB 1576 OCGA Title 26; code revisions and modernizations .............................................HB 1228 Perishable Foods Sold at Retail; labeled expiration date......................................... SB 96 Retail Eating and Drinking Industry; employer income tax deduction..............HB 1437
FOREIGN GOVERNMENTS; Consular Corps License Plates; change provisions...................................................................................................................HB 1430
FORESTRY Foresters; professional ethics code; State Board authority ..................................HB 1195 Professional Licenses; suspend, deny for student loan nonpayment ....................HB 884
FORFEITURE OF PROPERTY Medicaid Fraud; seizure of property; bonds; unintentional errors......................HB 1440 Street Gang Terrorism and Prevention Act...........................................................HB 1391
FORGERY AND RELATED OFFENSES (Also See Crimes and OfFenses) False Identification Documents; sales to a minor or illegal alien......................... SB 199 Felony Crimes; certain offenses; trial upon accusations ......................................HB 1306 Financial Identity Fraud, Criminal Offense of; penalties...................................... SB 513 Inmates; transfer of property to avoid reimbursement to state................................ SB 3 Insurance Fraud Against Persons 60 Years of Age; increased penalties..............HB 233 Insurance Fraud; false claims to procure payment of benefits .............................HB 493 Medicaid Fraud; seizure of property; bonds; unintentional errors......................HB 1440 Telecommunications Companies; falsifying customer authorization ...................HB 1130
FORSYTH COUNTY Superior Court; Blue Ridge Circuit; judges; salary supplement.........................HB 1894 Superior Court; new Bell-Forsyth Judicial Circuit created...................................... SB 77
FORT GAINES, CITY OF; new charter; incorporation; powers .............................HB 1873
FOSTER CARE Child Fatalities; investigatory process; open records laws..................................... SB 473 Children With Disabilities; assistance to families adopting.................................... SB 24
FOUR-H DAY AT THE CAPITOL; observance........................................................... SR 515
Refer to numerical index for page numbers

2372

JOURNAL OF THE SENATE

FRANCHISE BUSINESSES Franchise Fees and Conditions, Public Rights of Way and Tax Implications of Competitive Markets; committee to study............................................................ SR 544 Marketing and Contract rights ................................................................................. SB 246
FRANKLIN COUNTY; Property Conveyance; road improvements; Rice Mill Road.............................................................................................................HR 825
FREEPORT INVENTORY EXEMPTION ON AD VALOREM Agricultural processing.............................................................................................HB 1178
FRIVOLOUS LAWSUITS Attorney's Fees, Expenses; orders granting, denying awards; appeals................. SB 623 Prisoner Litigation; civil actions; cases requiring an application......................... SB 370
FULTON COUNTY Ad Valorem; school taxes; exempt full value of homestead at age 75.................. SB 285 Atlanta-Fulton County Recreation Authority; additional members ....................HB 1803 Atlanta-Fulton County Recreation Authority; chief executive officer; maximum compensation .........................................................................................................HB 1697 Atlanta Urban Enterprise Zone Act; criteria for designation..............................HB 1629 Atlanta Urban Enterprise Zone Act; duration of mixed use zones.....................HB 1630 Joint County Hospital Authority; membership; appointment procedures............ SB 580 Municipal Community Improvement Districts; members; tax credit..................HB 1710 Property Conveyance; Freedom Parkway; grant lease to Carter Center.............. SR 638 Property Conveyance; Freedom Parkway right of way; lease to Carter Center, Inc. and to City of Atlanta for parks, multi-use trails.............................................HR 1067 Property Taxes; one payment date for taxes due County, City, State................. SB 506 Purchasing; expenditures less than $50,000; bids; advertisements ....................HB 1452 Superior Court; Atlanta Judicial Circuit; two additional judges............................. SB 77 Superior Court; authorize a Family Court Division pilot project........................HB 1674 Ted Turner Stadium; urge name baseball field to honor Henry Aaron................. SR 77
FUNDRAISERS, SOLICITORS Charitable Organizations; registration; financial statements..............................HB 1143 Nonprofit Food Sales at Fairs or Festival Events; permits..................................HB 1576 Telephone Solicitors; blocking unsolicited calls; PSC database...............................HB 71
FUNERALS AND FUNERAL ESTABLISHMENTS Contracts; failure to pay; liens upon property for indebtedness .........................HB 1214 Private Passenger Automobile Insurance; medical payment coverage ................. SB 224 Sales Taxes; exempt funeral merchandise purchased for crime victims ............HB 1656
FUTURE BUSINESS LEADERS, HOMEMAKERS Vocational Student Organizations; Senate Study Committee................................ SR 596 Vocational Student Programs; joint committee to study........................................ SR 557
FUTURE COMMUNITIES COMMISSION; Local Government Authorities Sunset Act............................................................................................... SB 561
Refer to numerical index for page numbers

INDEX

2373

FUTURE HOMEMAKERS OF AMERICA, CELEBRATING FAMILIES DAY Commend..................................................................................................................... SR 630
G
GAINESVILLE, CITY OF Independent School District; distribution of sales tax proceeds............................ SB 502 Independent School District; share proceeds of certain sales tax......................... SB 646
GAME AND FISH (Also See Natural Resources) Fishermen; commercial crabbing; licensing; regulations; sanctions....................HB 1444 Fishing; honorary licenses for peace officers........................................................... SB 422 Fishing; licenses; commercial and recreational; change provisions.....................HB 1352 Fishing Locations; warning sign; owner not liable for injury, death..................HB 1633 Fishing; salt-water; seasons; creel, possession, size limits...................................HB 1351 Fishing Tournaments; courtesy licenses for disabled veterans............................HB 1633 Fishing Tournaments Sponsored by Disabled Veterans; free licenses.................. SB 649 Fishing; Trout Waters; seasons and methods; criminal violations......................HB 1087 Hunting Big Game; disabled persons; special crossbow permit..........................HB 1532 Hunting Licenses; automation of; archery or primitive weapons season; legal firearms; deer; feral hogs; birds ..........................................................................HB 1352 Land, Water, Wildlife, and Recreation Heritage Fund; creation........................... SR 532 Lifetime Sportsman License for Hunting and Fishing; provide..........................HB 1640 Natural Resources Law Enforcement Officers; conservation rangers................... SB 514 River Basins; management plans; local advisory committees .............................HB 1592 Shrimping; use of cast net and seines; licenses; commercial and noncommercial; bait or food shrimp; seasons; allowable limits...........................................................HB 1315 Water Fowl, Game Birds; regulate retail sales from mobile vehicles...................SB 500 Wildlife Endowment Fund; establish; dedicated proceeds ...................................HB 1640 Wildlife Habitats; conservation, protection; Heritage Fund created..................... SB 496 Wildlife, Land, Water and Recreation Heritage Fund; tax proceeds ..................HB 1551 Wildlife Management Areas; permitted hunting; termination procedure............. SB 475
GAMING, GAMBLE, WAGERING Coin Operated Amusement Machines; licensees; decals; redefine terms ...........HB 1294 Lottery Funds; use for high school technology education programs..................... SB 462 Lottery Vendors, Lobbyist for Casinos, Pari-mutuel or Gambling Operations; contributions to public officials prohibited...........................................................SB 606
GARBAGE (See Waste Management or Landfills)
GARDEN CITY, CITY OF Corporate Limits; extend; annex certain land; referendum.................................HB 1658 Referendum Question; alcoholic beverage sales in restaurants ..........................HB 1692
GARNISHMENT; Corporate Garnishees; persons authorized to represent............. SB 477
GAS, GASOLINE, PETROLEUM PRODUCTS Gas Companies; franchise fees; public rights of way; study committee............... SR 544 Gas Utility Companies; customer payment centers................................................ SB 653 Gas Utility Companies; customer payment centers; contract terms..................... SB 654 Low-emission Vehicles Not Using Petroleum Based Fuel; tax credits................HB 1161 Low-emission Vehicles Operating on Clean Fuel; grant tax credit.....................HB 1596
Refer to numerical index for page numbers

2374

JOURNAL OF THE SENATE

GAS, GASOLINE, PETROLEUM PRODUCTS (Continued) Motor Fuel Excise Taxes; exemption; agricultural field use vehicles .................HB 1175 Motor Fuel Used in Commercial Fishing; sales tax exemption ............................ SB 362 Retail Gasoline Fuel Sales; driver leaving premises without paying.................HB 1578
GENERAL ASSEMBLY Adjournment; January 16 to January 26.................................................................HR 810 Adjournment; recess schedule; Wednesdays; Sine Die on March 19 ..................HR 1165 Appropriating Lottery Proceeds; specify educational priorities............................. SR 529 Appropriating Lottery Proceeds; specify educational purposes............................HR 1002 Bills for Revenue or Appropriate Money May Originate in Senate........................ SR 55 Campaign Contribution Disclosure Reports in Electronic Format........................ SB 441 Convening of Special Veto Consideration Sessions; provide for............................ SR 498 Convening Special Veto Consideration Sessions; amend Constitution ...............HR 1035 Elect Members of State Board of Education; amend Constitution ......................... SR 37 Fair and Open Grants Act; Historic Preservation Program funding.................... SB 446 Fiscal Affairs Subcommittees; budget unit transfers.............................................. SB 197 General Bills Authorizing State Taxes, Fees, Assessments or Charges; requires approval by 2/3's of General Assembly................................................................. SR 147 General Bills Creating Taxes, Fees, Assessments; requires 2/3s vote.................. SR 248 Georgia General Assembly Training Institute; create ..........................................HB 1225 Georgia Youth Legislature; create............................................................................. SR 162 Health Insurance Benefit Bills; review and cost assessment................................ SB 207 House of Representatives; Districts 84 and 87; descriptions...............................HB 1702 House of Representatives; Districts 156, 157, 165, 166, 172, 173 and 174; change composition.............................................................................................................HB 1502 Joint Session; Budget message from Governor; January 15..................................HR 728 Joint Session; invite Supreme Court Justices and Appellate Judges ...................HR 729 Joint Session; State of State message from Governor; January 13 ......................HR 727 Joint Session; Supreme Court Chief Justice Robert Benham message ................HR 730 Joint Study Committee, Wireless Enhances 911 Charges; 2002 Session............. SB 572 Legislation Affecting Housing Affordability; explanatory statement.................... SB 275 Legislation Naming State Property for Public Officials; restrict.......................... SB 453 Legislative Counsel; employee members of State Bar; retirement .......................HB 751 Local Acts Proposing to Annex Commercial Property; requirements................... SB 251 Members; acceptance of goods, services from lobbyists prohibited.......................SB 177 Members; creditable service under Teachers Retirement System......................... SB 277 Members; election campaign expenditures; maximum allowable limits............... SB 248 Members; random drug test each year; public inspection of results.................... SB 455 Members; terms of office; limit to six two-year terms ........................................... SR 216 Notify Governor; General Assembly convened.........................................................HR 726 Privileged Resolutions; authorize introducing jointly sponsored........................... SB 559 Public Employees Disclosing Fraud, Waste, Abuse; identity not disclosed; retaliatory actions prohibited..................................................................................................HB 1511 Reports; health insurance costs for treatment of mental disorders...................... SB 620 Senate Members; election to four-year terms; amend Constitution...................... SR 161 Senate Members; minimum age to be elected; amend Constitution....................... SR 41 Senator Ralph David Abernathy; censure for misconduct actions........................ SR 459
Refer to numerical index for page numbers

INDEX

2375

GENERAL ASSEMBLY (Continued) Senatorial Districts 3 and 6; change descriptions .................................................. SB 644 Senatorial Districts 34 and 44; change descriptions .............................................. SB 642 Senatorial Districts 48 and 56; change descriptions .............................................. SB 250 State Government Waste Task Force; present recommendations.......................... SR 171 State Office Campaign Finance Joint Study Committee; create........................... SR 255 State Office Campaign Finance Study Committee; create..................................... SR 254 250th Anniversary of Representative Assembly in Georgia; planning .................HR 998
GENEVA, CITY OF; new charter...............................................................................HB 1882
GEORGIA ACADEMY OF FAMILY PHYSICIANS; congratulate ............................ SR 657
GEORGIA AMBULANCE NETWORK; commend ...................................................... SR 682
GEORGIA BOARD FOR PHYSICIAN WORKFORCE; creation............................... SB 533
GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)
GEORGIA BUREAU OF INVESTIGATION, GBI Crime Information Center; background check of foster care homes..................... SB 244 Crime Information Center; duties; juvenile identification records........................ SB 421 Crime Information Center; firearms dealer telephone inquiries...........................HB 290 Crime Information Center; identifying data; juveniles fingerprinted................... SB 458 Criminal History Records; Prospective Renters; disclosure ...................................HB 122 Drugs and Narcotics Agency; enforcement; Pharmacy Practice Act.....................HB 330 Drugs and Narcotics Agency; personnel retain weapons, badge.............................HB 92 Duties; sexual offender identification; registrant information............................... SB 545 Duties; sexually violent predators; registration violations..................................... SB 498 Firearms; carrying in public places; active or retired officers............................... SB 427 Forensic Scientists; public disclosure not required on records revealing personal identification..........................................................................................................HB 1499 Georgia Drugs and Narcotics Agency; recognizing................................................. SR 654 Records; sexually violent predator registration......................................................... SB 39 Sex Crime Offenders; notify of release and expected residency............................ SB 375
GEORGIA CITIZENS FOR THE ARTS; commend.................................................... SR 580
GEORGIA CODE (See Code of Georgia)
GEORGIA COLLISION DAMAGE WAIVER LAW..................................................... SB 167
GEORGIA COMMISSION ON WOMEN; clarify official activities, expenses..........HB 761
GEORGIA CONFERENCE OF BLACK MAYORS; welfare reform concerns.......... SR 111
GEORGIA CONSERVATIVE COMMISSION ON WOMEN; urge creation............. SR 672
GEORGIA DRUGS AND NARCOTICS AGENCY Director, agents; retention of weapon and badge upon leaving agency .................HB 92 Enforcement Powers Under Georgia Pharmacy Practice Act................................HB 330 Recognizing.................................................................................................................. SR 654
GEORGIA DUI STUDY COMMISSION; create ......................................................... SR 680
GEORGIA EMERGENCY MANAGEMENT AGENCY; powers; emergency 911 telephone communications; landline or wireless....................................................................... SB 572
GEORGIA FARM BUREAU FEDERATION; commend............................................. SR 534
Refer to numerical index for page numbers

2376

JOURNAL OF THE SENATE

GEORGIA HIGHER EDUCATION LOAN PROGRAM; Persons Defaulting on Student Loans; suspend professional licenses........................................................................HB 884
GEORGIA HUMANITIES COUNCIL; recognizing..................................................... SR 651
GEORGIA INFORMATION TECHNOLOGY POLICY COUNCIL; powers; duties............................................................................................................................ SB 433
GEORGIA INSTITUTE OF TECHNOLOGY; GA Tech Football Team and Coach George O'Leary; honoring....................................................................................................... SR 609
GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY Hotel-Motel Excise Tax Levy to Support; conditions..............................................HB 706
GEORGIA JUDICIAL RETIREMENT SYSTEM; creation ........................................HB 751
GEORGIA MILITARY COLLEGE; Scholarship Grants for certain students........HB 1552
GEORGIA MUSIC HALL OF FAME AUTHORITY; transfer functions to Department of Community Affairs; Advisory Committee created................................................... SB 569
GEORGIA OUTREACH PARENT TRAINING NETWORK DAY; observance......... SR 537
GEORGIA POWER COMPANY; Grant Utility Easement; McDuffie County.......... SR 530
GEORGIA PUBLIC TELECOMMUNICATIONS COMMISSION; Employees Retirement...................................................................................................................HB 885
GEORGIA REGISTRY OF HISTORIC PLACES; enact State Preservation Program ...................................................................................... SB 446
GEORGIA SEED LAW; Honeybee Pollination; herbicides; protect gallberry bushes.......................................................................................................... SB 480
GEORGIA SOCCER FOUNDATION; commend......................................................... SR 584
GEORGIA STREET GANG TERRORISM AND PREVENTION ACT; designated felonies .......................................................................................................................HB 1391
GEORGIA STREET GANGS ACT OF 1998; enact ..................................................HB 1391
GEORGIA STUDENT FINANCE COMMISSION HOPE Scholarships, Grants; criteria to qualify; remedial courses....................... SB 430 National Guard Members; service cancelable educational loans.........................HB 1516 Scholarship Grant Program; North Georgia College ROTC Students ................HB 1552 Student Loans; failure to pay; deny, suspend professional licenses.....................HB 884
GEORGIA YOUTHBUILD PROGRAM ACT................................................................. SB 68
GERIATRIC MEDICINE; encourage curricula at medical universities................... SR 587
GILBERT, RALPH MARK; designate Civil Rights Museum to honor..................... SB 366
GILL, L. CARLTON; name highway to honor; Bryan County ................................HR 1106
GILLIS, ANNE; honoring.............................................................................................. SR 713
GILLIS, HUGH MARION; Senator District 20; commend........................................ SR 822
GILMER COUNTY Board of Commissioners; purchasing; competitive bids........................................HB 1668 Ellijay-Gilmer County Water and Sewerage Authority; membership.................HB 1925
GIRLS AND WOMEN IN SPORTS DAY; recognizing............................................... SR 598
GLANTON, PAM; Senator, District 34; commend...................................................... SR 828
Refer to numerical index for page numbers

INDEX

2377

GLYNN ACADEMY NATIONAL HONOR SOCIETY; commend.............................. SR 688
GLYNN COUNTY Ad Valorem Taxes; homestead exemption; senior citizens..................................... SB 651 Coastal Region Aquarium, Maritime Facility feasibility study ............................. SR 185 Designate; Mack Mattingly Highway; portion of 1-95 ............................................ SR 648 State Court Clerk; nonpartisan nomination and election...................................... SB 417 State Court Solicitor-general; nonpartisan nomination and election.................... SB 418 Surface Water Withdrawal; permits; coastal zone counties................................... SB 415
GODDARD, MAJOR GENERAL; Air Logistics Center, Warner Robins; remarks..................................................................................................................... Page 898
GOIZUETA, MRS. ROBERTO; widow of late Coca Cola CEO; remarks.............. Page 208
GOIZUETA, ROBERTO CRISPULO; former CEO of Coca-Cola; honoring............. SR 574
GOLF HALL OF FAME AUTHORITY ACT; enact..................................................HB 1126
GOOCH, GLENN; name highway By-Pass to honor; Union County........................HR 994
GOODMAN, GWENDOLYN P.; commend................................................................... SR 824
GORDON COUNTY Designate; W. W. Fincher, Jr., Parkway; Gordon County.......................................HR 954 Property Conveyance; abandoned railroad right of way; sell to Bill Walraven and Stanley Simpson......................................................................................................HR 935
GOVERNOR Duties; Appointment of Members to Certain Hospital Authority......................... SB 580 Election by Majority of Votes Cast; procedures....................................................... SB 454 Executive Branch Organization; create service delivery regions.........................HB 1650 General Assembly; Budget message........................................................................ Page 38 General Assembly Convened; notify Governor ........................................................HR 726 General Assembly Joint Session; budget message; January 15 ............................HR 728 General Assembly Joint Session; State of State message; January 13................HR 727 General Assembly; State of the State message...................................................... Page 69 Governor's Emergency Fund; grants to local governments..................................HB 1364 Office of Planning and Budget; Year 2000 computer compliance issue..............HB 1166 Vetoes; General Assembly convene special veto consideration session................. SR 498 Vetoes; General Assembly convene special veto consideration session...............HR 1035 Zell Miller; appointments to boards, commissions..............Pages 921, 1231, 1542, 2055 Zell Miller; vetoes 1997 session ...............................................................................Page 13 Zell Miller; vetoes 1997 session; line item, appropriations..................................... Page 7
GRADY COUNTY; Designate; George T. Smith Highway; Grady County...............HR 813
GRADY MEMORIAL HOSPITAL; Joint County Hospital Authority; members ..... SB 580
GRAND JURIES (Also See Juries or Courts) Jurors; grand, trial; compilation of jury lists; minimum standards ..................... SB 253
GRANDPARENTS; Visitation Rights to Minor Child; filing actions........................ SB 631
GRANTS Charter Schools; public or private entities................................................................ SB 70 Education; School Choice Vouchers; joint committee to study ................................ SR 21 Education; School Choice Vouchers; Senate Committee to study............................ SR 22
Refer to numerical index for page numbers

2378

JOURNAL OF THE SENATE

GRANTS (Continued) Educational; HOPE or PROMISE grants, scholarships .......................................HB 1556 Educational; HOPE Scholarships; criteria to qualify; remedial work................... SB 430 Educational; joint after-school programs for at-risk students............................... SB 404 Educational Loans; service cancelable for National Guard Members.................HB 1516 Educational; overcrowded middle schools; merged school systems....................... SB 491 Educational Programs Targeting At-Risk Students; additional grants .................. SB 97 Educational; public tuition assistance for private schools ..................................... SB 259 Educational; scholarships for North Georgia College ROTC Students...............HB 1552 Emergency Food Providers; State Nutrition Assistance Program (SNAP).........HB 1253 Hospital Authorities; residency programs at teaching hospitals.........................HB 1101 Local Assistance Grants; joint committee to study allocating funds.................... SR 674 Lottery Funded Scholarships; eligibility of students in DCYS school..................HB 939 Multi-county Sites for Voter Registration, Early Voting........................................ SB 686 Primary Care Medical Education Scholarships and Loans.................................... SB 391 Public College or University Admissions and Scholarship Awards....................... SB 632 State; appropriation to local governments; requirements; audits .......................HB 1364 Volunteer Fire Departments Consolidating Into Nonprofit Corporation................ SB 30
GRASS SOD PRODUCERS; sales tax exemption ....................................................HB 1656
GREAT JUBILEE YEAR, 2000TH ANNIVERSARY, BIRTH OF JESUS Planning.....................................................................................................................HR 1075
GREEN COUNTY; Superior Court; Ocmulgee Judicial Circuit; additional judge.... SB 77
GREEN, HILDA BAILEY; commend ........................................................................... SR 762
GREEN RIVER BILL; Metropolitan River Protection Act........................................ SB 661
GREENE COUNTY Board of Commissioners; vacancies; provide for a county manager ...................HB 1904 Family Connection Commission; create..................................................................HB 1598
GRIFFIN, SENATOR FLOYD AND ARMED FORCES; service in Vietnam .......... SR 789
GRIFFIS, HENRY ELROY; Claims Against the State; compensate ........................HR 956
GRIFFITH, DR. J.A.; Commemorative Bridge; Highway 5, Cobb County.............HR 1106
GRIFFITH, DR. JAMES A.; honoring.......................................................................... SR 823
GRINER, LAUREN; commend...................................................................................... SR 620
GRINER, LEWIS H.; sympathy at the passing.......................................................... SR 801
GRIZZLE, REVEREND JOSEPH EDWARD; name bridge in Lumpkin County to honor ..........................................................................................................................HR 1064
GROUND WATER (See Waters or Natural Resources or Erosion)
GROVETOWN, CITY OF; new charter........................................................................ SB 564
GUARDIAN AND WARD Adults; Temporary Health Care Placement Decisions; procedures....................... SB 549 Agency Relationships; transfer of property ownership; restrictions........................!!!) 55 County Guardians as County Administrators; appointment................................. SB 136 Durable Power of Attorney for Health Care; appointment of a guardian............ SB 184 Guardians of Incapacitated Adults; protection orders; appeals............................. SB 582
Refer to numerical index for page numbers

INDEX

2379

GUARDIAN AND WARD (Continued) Guardians of Minors; dissolution of appointed temporary guardians................... SB 180 Guardianships of Incapacitated Adults; evaluation of proposed ward.................. SB 179 Guardianships of Incapacitated Adults; protection of ward's rights..................... SB 181 Incapacitated Adults; emergency guardians; out-of-state evaluations.................... SB 37 Juvenile Deprivation Cases; appointment of guardian ad litem.........................HB 1288 Minors; custodian of moneys arising in settlement of tort cases.......................... SB 655 Power of Attorney; clarify when agent's authority terminates.............................. SB 183 Wills, Trusts, Estates; guardian ad litem; Revised Probate Code ......................HB 1226
GUIN, BELLE J.; honoring........................................................................................... SR 712
GUNS (Also See Firearms) Brady Law Regulations; dealer inquiries; GCIC telephone service......................HB 290 Firearms Protection for Minors; loaded firearms; negligent storage.................... SB 190 Handguns; concealed weapons; storage of firearms in private vehicle...............HB 1360 Pistols or Revolvers; accidents among children; criminal negligence................... SB 407 Pistols or Revolvers; authority to carry; law enforcement officers........................ SB 427 Pistols or Revolvers; authority to carry; law enforcement officials.....................HB 1425 Pistols, Revolvers; license prohibited for felony drug conviction........................... SB 350 Students Bringing Weapons to School Punishable by Expulsion............................ SB 92 Unlawful Transportation of a Firearm; driver's license revoked .......................... SB 443 Use of Deadly Force to Defend Personal Property; justification ........................... SB 596 Wearing Bulletproof Vest During Commission of a Crime; penalty ..................... SB 425
GUY, WANDA; commend.............................................................................................. SR 510
GUVS AUTOMOTIVE; claims against the State; compensate.................................HR 733
GWINNETT COUNTY Ad Valorem; school taxes; homestead exemption; elderly or disabled.................. SB 708 Board of Commissioners; compensation................................................................... SB 583 Hospital Authority; vacancies; appointment of new members.............................HB 1874 Juvenile Court; judge; compensation......................................................................HB 1867 Magistrate Court; chief magistrate; compensation ...............................................HB 1868 Merit System Board; members; Executive Secretary, authority.........................HB 1821 Prohibit Use Discrimination or Preferential Treatment Criterion......................HB 1806 Property Conveyance; long-term lease; Gwinnett/Rockdale/Newton Creative Enterprises, Inc.......................................................................................................HR 935 Public Health Funds; prohibit certain medical care for minors without parental consent....................................................................................................................HB 1924 Recorder's Court; judges, clerk and solicitor; change compensation...................HB 1871 Sheriff; Superior Court Clerk; Probate Court Judge; Tax Commissioner; compensation .........................................................................................................HB 1869 State Court; judges and solicitor; change compensation......................................HB 1870 Superior Court; create seventh judgeship................................................................ SB 509 Superior Court; Gwinnett Judicial Circuit; additional judge................................... SB 77
GWINNETT JUDICIAL CIRCUIT Superior Court; additional judge; increasing number to seven............................... SB 77 Superior Court; create seventh judgeship................................................................ SB 509
GWINNETT/ROCKDALE/NEWTON CREATIVE ENTERPRISES; lease ................HR 935
Refer to numerical index for page numbers

2380

JOURNAL OF THE SENATE

GYNECOLOGY; women's access to direct health care; health insurance............... SB 665
H
HABERSHAM COUNTY Board of Commissioners; geographical election districts......................................HB 1695 Designate; Tommy Irvin Parkway; Georgia Highway 365 ..................................... SR 639 Habersham County State Court; judge, solicitor; compensation...........................HB 727
HABITUAL OFFENDERS (Also See DUI or Motor Vehicles) Driver's License; suspension upon certain violation point counts......................... SB 705 DUI Violations; licenses to bear identifying words, CONVICTED DUI................. SB 82 Habitual Violators Convicted of DUI; punishment; parole limitations................. SB 321
HAGAN, CITY OF; City Council and Mayor; staggered terms ..............................HB 1618
HALL COUNTY Ad Valorem; school taxes; homestead exemption; senior citizens .......................HB 1624 District Attorney; Northeastern Judicial Circuit; salary supplement.................HB 1841 Sales Tax for Education; method to distribute among school districts ................ SB 502 Sales Tax for Education; proceeds distribution among school systems................ SB 646 Superior Court; judges; salary supplement............................................................HB 1840
HANCOCK COUNTY Board of Commissioners; compensation .................................................................HB 1820 Board of Elections and Registration; create ............................................................HB 976 Property Conveyance; surplus National Guard Armory; Sparta........................... SR 560 Superior Court; Ocmulgee Judicial Circuit; additional judge.................................. SB 77
HANDGUNS (See Guns or Firearms)
HANDICAPPED PERSONS Abuse of a Vulnerable Adult; warrantless arrests; officer training...................... SB 159 Adapted Sports After-school Programs; committee to study.................................. SR 263 Adult Disability; problems associated with treatment of strokes .......................HR 1000 Assisted Living Facilities; licensing; Medicaid payment waivers ..........................HB 287 Blind Vendors; guide dogs on premises; repeal option of using service capuchin monkeys in lieu of service dogs.............................................................................HB 714 Disability Commissions; establishment by local governments........:...................... SB 383 Hunting Big Game; disabled persons; special crossbow permit ..........................HB 1532 Physically Disabled Persons; rights to facilities; use of trained service capuchin monkeys....................................................................................................................HB 351
HARALSON COUNTY; County Hospital Authority; membership..........................HB 1850
HARBISON, SENATOR ED AND ARMED FORCES; service in Vietnam.............. SR 790
HARDEGREE, MR. AND MRS. OLIVER; commend................................................. SR 701
HARDWICK, BEAUTINE WILLIAMS; commend ...................................................... SR 811
HARRELL, JIMMY W.; Claims Against the State; compensate...............................HR 786
HARRIS COUNTY Board of Education; per diem compensation.........................................................HB 1669 Designate; Pearl Harbor Memorial Highway; portion of I-85..............................HR 1092 Probate Court Judge; salary supplement...............................................................HB 1399
Refer to numerical index for page numbers

INDEX

2381

HARRIS COUNTY (Continued) Sheriff and Deputies; salary supplement...............................................................HB 1397 Superior Court Clerk; salary supplement..............................................................HB 1400 Superior Court; judges; county salary supplement................................................. SB 584 Tax Commissioner; salary supplement...................................................................HB 1398
HART COUNTY; Industrial Development Authority; eliminate a provision expressing intention of General Assembly ................................................................................HB 1817
HART, DR. DERYL; formerly of Duke University; name road to honor................. SR 490
HAYES, JAMES A.; Claims Against the State; compensate.....................................HR 789
HAYES, REVEREND CHARLES WALTER; Designate Memorial Highway and Bridge; Whitfield County......................................................................................................... SR 252
HAZARDOUS MATERIALS Chemical Weapons; proposed incinerator in Alabama; public hearings............... SR 152 Lead-based Paint; abatement activities; regulate firms and workers................... SB 481 Nuclear Fuel and Radioactive Waste; transportation on public roads ................. SB 548 Properties Listed Hazardous Site Inventory; redevelopment, reuse..................... SB 486 Public Water Systems; failure comply EPA orders; per day penalties................. SB 486
HEAD INJURED PERSONS Brain and Spinal Cord Injuries; create trust fund to meet costs......................... SB 110 Brain and Spinal Injury Trust Fund; allocate certain DUI penalties.................. SR 144
HEALTH (Also See Mental Health, Public Health or Health Care Facilities) Abortion; Woman's Informed Consent Act............................................................... SB 699 Acupuncturists and Detox Specialists; licensure; registration................................. SB 65 Assisted Living; new category of facility; licensing at different levels; delete and replace term 'personal care homes'.......................................................................HB 287 Bathhouses; sexual conduct violating sodomy laws................................................ SB 442 Birth Certificates; naming of child's father for certain children........................... SB 195 Birth Registration; filing in county in which birth mother resides...................... SB 579 Blood Glucose Measuring Strips; diabetic supplies; exempt sales tax ...............HB 1656 Boxing, Professional Matches; State Boxing Commission regulate.......................HB 396 Brain and Spinal Injury Rehabilitative Care; create trust fund........................... SB 110 Brain and Spinal Injury Trust Fund; allocate certain DUI penalties.................. SR 144 Breast Cancer Patient Care; coverage of hospital inpatient stay .........................SB 431 Children; affirming Senate commitment to ensure their welfare ......................... SR 388 Clinical Laboratories; quality assurance program; test accuracy.......................... SB 560 Community Health Centers in Underserved Areas; urge Congress prohibit noncompete clauses in federally funded clinics ................................................... SR 692 Cosmetologists, Hairdressers, Nail Technicians; sanitary conditions ................... SB 615 County Boards, Departments of Health and Wellness; change in name ...........HB 1412 County Boards; membership; school superintendent or designee ......................... SB 666 Durable Power of Attorney for Health Care; appointment of a guardian............ SB 184 Emergency Medical Ambulances Operated for Employees Free of Charge ......... SB 424 Emergency Medical Paramedics, Technicians; training, certification ................... SB 543 Emergency Nonconsensual Medical Treatment for Attempted Suicide.................. SB 36 Emergency Responders; cardiac dysrhthmias; patient defibrillation.................... SB 566
Refer to numerical index for page numbers

2382

JOURNAL OF THE SENATE

HEALTH (Continued) Emergency 911 Communications Center; performance report; inspection ...........HB 278 Facial Covering for Medical Treatment; exception to prohibition......................... SB 428 Family Caregiving Expenses for the Disabled; income tax credit.......................HB 1513 Fetal Injury; offense of feticide by a pregnant woman........................................... SB 405 Food Detained or Embargoed as Adulterated or Misbranded; violations...........HB 1209 Health Care for Rural and Underserved Georgians Day; recognizing................. SR 652 Health Districts; delivery of services; define service area ..................................... SB 317 Hospital Authorities; sale or lease transactions; terms, conditions...................... SB 220 Hospital Authorities; teaching hospitals; local funds contributed.......................HB 1222 Hospitals; medical doctors; denial of staff privileges............................................HB 1156 Incapacitated Adults; emergency medical guardianships....................................... SB 549 Infectious; Hepatitis C protection; firelighters, EMS, public safety officers ......HB 1410 Insurance Costs; self-employed persons; income tax deduction...........................HB 1116 Insurance; coverage; bone density testing for Osteoporosis.................................HB 1086 Insurance; coverage; children's cancer therapy; patient care costs....................... SB 603 Insurance; coverage; diabetes out-patient self-management.................................. SB 452 Insurance; coverage; diabetes outpatient self-management..................................... SB 55 Insurance; coverage; females under age 29; chlamydia screening......................HB 1565 Insurance; coverage for services; PeachCare for Kids Act..................................... SB 410 Insurance; coverage; hospital inpatient postsurgical care...................................... SB 589 Insurance; coverage; mastectomy surgery, breast reconstruction......................... SB 528 Insurance; coverage; Medicaid recipient; medical expense co-payment................ SB 527 Insurance; coverage; Morbid Obesity Anti-discrimination Act.............................. SB 490 Insurance; coverage; Morbid Obesity Surgical Intervention Act........................... SB 648 Insurance; coverage of treatment of mental disorders; parity............................... SB 245 Insurance; coverage; retiring and retired Public School Employees...................HB 1273 Insurance; coverage; treatment of mental disorders; premium costs ................... SB 620 Insurance; covered services; payment solely to health care provider................... SB 526 Insurance; health; Managed Care Responsibility Act of 1997............................... SB 211 Insurance; HMO plans; marketing, enrollment of medicaid recipients..............HB 1408 Insurance; legislative proposals mandating coverage; prerequisites..................... SB 207 Insurance; managed care plans; claims denied; grievance procedure................... SB 667 Insurance; uninsured children; support private market initiatives...................... SR 525 Insurers; Appropriate Patient Care Act................................................................... SB 330 Insurers; discriminatory acts against victims of violence or abuse ...................... SB 186 Insurers; Mastectomy Patient Care Act..................................................................... SB 54 Insurers; prompt payment of claims; late payment penalty.................................. SB 658 Lead-based Paint Hazards; abatement activities; enforcement............................. SB 481 Liver Diseases and Prevention Awareness Month; designating............................ SR 592 Living Wills, Durable Power of Attorney or Agency for Health Care.................. SB 478 Long-term and Retirement Care; senior housing; committee to study................. SR 600 Long-term Care Financing; medical care savings account program..................... SB 279 Managed Health Care Plans; covered medical treatment; patient receive services within certain time period .....................................................................................HB 106 Medicaid; hospital inpatient services; uniform reimbursement rate .................... SB 575 Medicaid; providers committing certain offenses; bar participation....................... SB 44 Medicaid; Study Committee on Appropriate Medicaid Reform ............................. SR 371
Refer to numerical index for page numbers

INDEX

2383

HEALTH (Continued) Medical Assistance Department; prescription drug approval process................... SB 139 Medical Care Savings Account and Trust Act; funds for future needs................ SB 279 Medical Care Savings Account and Trust for Long-term Care Needs ................. SB 163 Medical Education Fellowships in Geriatrics; encourage creation........................ SR 587 Medical Physicians; state board develop training programs ................................. SB 533 Medical Treatment; unconventional or experimental procedures.......................... SB 307 Medically Underserved Areas; primary care physicians; scholarships................. SB 391 Mental; community service boards; repeal automatic repealer ...........................HB 1131 Mental; evaluation of law enforcement officers; employee disclosure................... SB 599 Mental; involuntary treatment; emergency examination orders ............................. SB 99 Mental; psychological evaluation of law enforcement officers .............................HB 1410 Mental; treatment of metal disorders; health insurance coverage........................ SB 620 Mobile New Health Services; certificate of need exemption.................................... SB 22 OCGA Title 31; code revisions and modernizations .............................................HB 1228 Pain Management for Terminally 111 Patients; create Advisory Committee to state examining boards.................................................................................................... SB 670 Parenting Education; teenage students receiving public assistance....................... SB 41 Perishable Foods Sold at Retail; labeled expiration date......................................... SB 96 Persons Absent from Home Due to Health; grant homestead exemption..........HB 1174 Pharmacy Practice Act and Third-party Prescription Program Law....................HB 330 Physician's Assistants; training; reduce language, cultural barrier ..................... SB 662 Public Swimming Pools; regulations; cite as "Michelle's Law".............................. SB 438 Records; psychological evaluations; law enforcement officers..............................HB 1410 Rural Areas; primary care physicians; steps to promote availability.................HB 1798 Rural Areas; primary health care providers; expanding access to ....................... SB 594 Rural Hospitals; closings; economic pressures; committee to study..................... SR 841 School Health Care Joint Study Committee............................................................ SR 677 School Health Care Policies; administration of student medications ................... SB 547 Sex Education Courses; consequences of parenthood; child support ..................HB 1654 Sexually Transmitted Diseases; persons convicted of pandering for prostitution; release of test results ............................................................................................. SB 158 Stroke Awareness and Impact on Victims; committee to study ..........................HR 1000 Suicide Prevention Programs; supporting development and initiatives............... SR 585 Surrogacy; assisted reproductive technology; contracts.......................................... SB 451 Temporary Health Care Placement Decision Maker for an Adult Act................. SB 549 Venereal Diseases; chlamydia screening; health insurance coverage .................HB 1565 Welfare and Health Care Reforms; committee to study impact............................ SR 395 Women; equity in public health policies; committee to study............................... SR 543 Women's Health Care Issues Study Committee; create......................................... SR 340
HEALTH CARE FACILITIES, HOSPITALS (Also See Nursing Homes or Medical Practice) Abortion; prohibited medical procedure; partial-birth abortion............................. SB 123 Abortion; prohibited medical procedure; partial-birth abortion............................. SB 348 Abortion; require informed consent; Woman's Right to Know Act........................ SB 153 Abortion, Sterilization Procedures; Woman's Right to Know Act.......................... SB 216 Advisory Committee on Pain Management for Terminally 111 Patients ............... SB 670 Assisted Living; new category of facility; regulate; licensing................................HB 287
Refer to numerical index for page numbers

2384

JOURNAL OF THE SENATE

HEALTH CARE FACILITIES, HOSPITALS (Continued) Breast Cancer; inpatient care following surgery for mastectomies....................... SB 431 Certificate of Need; exemption; institutions practicing treatment by spiritual means....................................................................................................................... SB 124 Certificate of Need; exemption; mobile new institutional services ......................... SB 22 Dental Facilities; conscious sedation of patients; anesthetists............................HB 1158 Durable Power of Attorney for Health Care; temporary placement decisions for adults unable to consent.................................................................................................... SB 549 Emergency Medical Paramedics, Technicians; training, certification ................... SB 543 Emergency Medical Technicians; study creating state pension system................ SR 681 Emergency Nonconsensual Medical Treatment for Attempted Suicide.................. SB 36 Health Care Providers; enrollment in PeachCare for Kids Program.................... SB 410 Hospital Authorities; directors; conflicts of interest restrictions........................... SB 261 Hospital Authorities; powers granted to operate facilities...................................HB 1101 Hospital Authorities; sale or lease transactions; terms, conditions...................... SB 220 Hospital Authorities; teaching hospitals; local funds contributed.......................HB 1222 Hospital Inpatient Care Following Surgery; coverage by insurers ....................... SB 330 Hospital Postsurgical Inpatient Care; health insurance coverage ........................ SB 589 Hospitals; Boating Accident Victims; notify law enforcement .............................HB 1394 Hospitals; denial of medical staff privileges..........................................................HB 1156 Hospitals; rural and urban; uniform Medicaid reimbursement rate .................... SB 575 Hospitals; staff privileges; podiatrists, osteopaths, dentists.................................. SB 138 Hospitals, Teaching; primary care residency training; state grants..................... SB 391 Insurers; coverage for diabetes outpatient self-management services.................... SB 55 Insurers; health; prompt payment of claims; late payment penalty..................... SB 658 Living Wills, Durable Power of Attorney or Agency; prescribed forms................ SB 478 Long-term Care Facilities, Certificate of Need Study Committee......................... SR 600 Mastectomy Patients; inpatient care; health insurers coverage.............................. SB 54 Medicaid Patients; medical assistance copayment pilot program.......................... SB 260 Medicaid Providers; payment disputes; hearing on decisions..............................HB 1387 Medical Consent Law; applicability to abortion, sterilization ............................... SB 216 Medical Education Training in Primary Care Specialties ..................................... SB 391 Mental Health Emergency Receiving Facilities; evaluation orders......................... SB 99 Mental Health Facilities; Medicaid adolescent behavioral services ....................HB 1179 Physician's Assistants; training within or outside the U.S.................................... SB 662 Radiology Services Independent of a Hospital; Medicaid enrollment................... SB 238 Records Sought in Civil Actions from a Nonparty Hospital or Health Care Facility; notice to all parties.................................................................................................HB 395 Rural, Essential Health Care Providers; address shortage, access to.................. SB 594 Rural Hospitals; severe economic pressures; committee to study......................... SR 841 Temporary Health Care Placement Decision Maker for an Adult........................ SB 549 Workers' Compensation; medical service provider billing errors........................... SB 384
HEALTH CARE FOR RURAL AND UNDERSERVED GEORGIANS DAY............ SR 652
HEALTH MAINTENANCE ORGANIZATIONS (Also See Insurance, Health) Claims for Delivery of Health Care Services; payment to providers.................... SB 526 County Officers and Employees; election of health benefits plan......................... SB 485 Managed Care Responsibility Act; services to enrollees ........................................ SB 211
Refer to numerical index for page numbers

INDEX

2385

HEALTH MAINTENANCE ORGANIZATIONS (Continued) Marketing Plans; Enrollment of Medicaid Recipients; regulate..........................HB 1408 Medicaid; enrollment of recipients; marketing contract restrictions .................... SB 390 Medical Reimbursement Claims When Insured Compensated for Damages .......HB 553 Participating Providers; contracting physicians in rural areas............................. SB 594 Patient Treatment or Services; receipt within certain time period ......................HB 106
HEARD COUNTY Board of Commissioners; cost-of-living; longevity increases ................................HB 1758 Superior Court; judges; salary supplement.............................................................. SB 677 West Point Lake Water Level Demands; urge federal action................................ SR 353
HEARD, R.G.; Claims Against the State; compensate...............................................HR 787
HEARING IMPAIRED PERSONS; TDD Telecommunication Devices; Public Safety training compliance ....................................................................................................HB 812
HEART OF GEORGIA ARMED FORCES VETERANS Designate Memorial Intersection in Dodge County ..............................................HR 1106 Urge designate memorial to...................................................................................... SR 775
HEARTS OF FIRE; sang inspirational songs............................................................ Page 89
HENRY COUNTY; State Court; creation; jurisdiction, powers, terms .................... SB 709
HENSON, CATHY; Georgia PTA; presentation to Lieutenant Governor ...........Page 1703
HEPATITIS C PROTECTION; firefighters, EMS, public safety workers..............HB 1410
HERALD NEWSPAPER OF SAVANNAH; commend................................................. SR 839
HERITAGE FUND FOR CONSERVATION AND PRESERVATION; creation; tax proceeds........................................................................................................................ SB 496
HERSHEY, MAYOR SANFORD E.; regrets at the passing...................................... SR 716
HICKS, CHARLES; Black Civil War Veteran; recognizing....................................... SR 642
HICKS, DR. CLAIRE; honoring.................................................................................... SR 617
HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation) Bridges; weight and load limitations; designated local truck routes..................HB 1470 County Roads, Municipal Streets, Bridges; maximum weight loads, local truck routes; signage....................................................................................................................HB 1470 Designate; Betty Porterfield Memorial Bridge; Cobb County ..............................HR 1106 Designate; C. W Bradley Highway; Floyd Hulett-Monroe Steelman Memorial Bridge; Will Ross-Charlie Wilson Memorial Bridge; Murray County ...........................HR 1101 Designate; Charles A. Pannell, Sr. Highway; Murray County.............................HR 1102 Designate; David Nipper Memorial Bridge; Coffee County ................................... SR 613 Designate; David P. Ridgeway Bridge; Butts County .............................................HR 847 Designate; Davis Love III Highway; 1-95 from Mclntosh County line...............HR 1097 Designate; Dewey D. Rush Highway; Romie Waters Highway; Clinton Oliver Highway; Tattnall County ......................................................................................HR 812 Designate; Don Saggus, Jr. Memorial Bridge; Wilkes County ............................HR 1154 Designate; Donald Ridley Bridge; Putnam County...............................................HR 1029 Designate; Dr. Deryl Hart Road; Marion County.................................................... SR 490 Designate; Dr. J.A. Griffith Commemorative Bridge; Cobb County ....................HR 1106 Designate; Duane Allman Boulevard; R. Berry Oakley Bridge; Macon............... SR 653
Refer to numerical index for page numbers

2386

JOURNAL OF THE SENATE

HIGHWAYS, BRIDGES AND FERRIES (Continued) Designate; Evelyn S. Wade Highway on Highway 120, Buchanan.........................SR 48 Designate; George B. Culpepper Highway; Peach County ...................................HR 1031 Designate; George T. Smith Highway; Grady County ............................................HR 813 Designate; George W. Ross Highway; City of Eton; Murray County....................HR 215 Designate; George W. Ross Highway in City of Eton............................................. SR 251 Designate; Gerald H. Leonard Parkway; Murray County......................................HR 955 Designate; Glenn Gooch Bypass East of Blairsville ...............................................HR 994 Designate; Heart of Georgia Armed Forces Veterans Memorial Intersection; Dodge County ....................................................................................................................HR 1106 Designate; Holly Michials Memorial Bridge; Cobb County..................................HR 1106 Designate; Hubert Ervin H. E. Hobbs Highway ...................................................HR 1106 Designate; Hugh Alton Carter Bridge; west of Plains, Webster County.............. SR 655 Designate; Hugh L. Logan Interchange in Athens-Clarke County........................... SR 9 Designate; L. Carlton Gill Highway .......................................................................HR 1102 Designate; Lacoda Trail Memorial Parkway; Jackson County ..............................HR 292 Designate; Lauren 'Bubba' McDonald Parkway; Veterans' Memorial Parkway; Jackson County ....................................................................................................................HR 1054 Designate; Matthew A. Towery Bridge; over 1-285 in Cobb County...................HR 1111 Designate; Pearl Harbor Memorial Highway; 1-85 through Troup and Harris Counties..................................................................................................................HR 1092 Designate; portions of 1-95 to honor Tom Coleman and Mack Mattingly............ SR 648 Designate; Reddish-Warren Bypass; Wayne County...............................................HR 741 Designate; Reverend Charles Walter Hayes Memorial Highway and Bridge...... SR 252 Designate; Reverend Joseph Edward Grizzle Bridge; Lumpkin County ............HR 1064 Designate; S.C. Cadwell Road.................................................................................HR 1106 Designate Sign; Sergeant J. D. 'Eddie' Miles Bridge, Bacon County..................HR 1342 Designate; The Captain Bobbie Brown Highway; Laurens County ......................HR 931 Designate; Tommy Irvin Parkway; Habersham County......................................... SR 639 Designate; urge memorial to Heart of Georgia Armed Forces Veterans.............. SR 775 Designate; Vickie E. Bell Memorial Bridge; Woodstock .........................................HR 844 Designate; W. W. Fincher, Jr., Parkway; Gordon County.......................................HR 954 Designate; Wendy Bagwell Parkway; Paulding County.......................................... SR 316 Designate; William "Billy" Shaw Abney Highway.................................................HR 1106 Designate; William Jackson Moogie Lee Highway; Lanier-Clinch County.........HR 1034 Designating State Highways, Roads, Bridges for Public Officials ........................ SB 453 Developmental Highway System; revise; delete Outer Perimeter......................... SB 314 Federal ISTEA Reauthorization; create committee to study impact..................... SR 303 Gateway Center Safety Rest Area, Welcome Center; Cobb County...................... SB 693 Hazardous Materials; transporting nuclear fuel or radioactive waste ................. SB 548 Highway Safety; committee to study accidents, review driver safety.................HR 1066 Indemnification of State DOT Highway Employees Killed or Disabled............... SB 117 Indemnification of State Highway Employees; amend Constitution....................... SR 64 Mass Transportation; local transit services; contracts; elections ..........................HB 236 Motor Carriers; commercial vehicle safety; enforcement officers.......................... SB 553 Naming or Designation of Roads and Bridges; procedures; signage..................... SB 122 Outdoor Advertising Signs Adjacent Interstate Highways; change 500 foot zone restrictions .............................................................................................................HB 1304
Refer to numerical index for page numbers

INDEX

2387

HIGHWAYS, BRIDGES AND FERRIES (Continued) Outdoor Advertising Signs Legally Erected; tree trimming, vegetation removal regulations; violations............................................................................................. SB 337 Outdoor Lighting Applications Which Impair Vision of Drivers........................... SB 329 Pedestrian Walkways and Bicycle Facilities; include as DOT projects................. SB 145 Property Condemnation; procedures; advertise highway location; compensation hearings; assessors..................................................................................................HB 155 Public Property Not Needed for Road Purposes; disposition................................... SB 76 Public Roads; commercial driveways; DOT acquire for future roads .................HB 1747 Regional Transportation Plans; support Atlanta Regional Commission.............HR 1100 Roads and Streets; traffic-control devices; uniform regulations............................ SB 706 Roadside Enhancement and Beautification; revenues from special wildflower license plates........................................................................................................................ SB 337 Roadside Enhancement, Beautification of Public Rights of Way; funded by tree trimming permit fees, Wildflower license plates................................................. SR 559 Seat Safety Belts; passenger vehicles; requirements; exemption.......................... SB 591 Speed Detection Devices; permits; regulate use in certain areas .........................HB 190 Speed Restrictions; maximum lawful speeds for six wheel trucks ....................... SB 505 Traffic-control Devices; placement and maintenance............................................HB 1747 Transportation, Joint Committee to Study; reauthorization of federal ISTEA legislation and impact on state-wide system.......................................................HR 464 Travel Lanes; alternative fueled vehicles; reduce special user fee .....................HB 1430 Truck Routes; municipal powers; control on municipal streets............................. SB 641 Trucks Using Three-lane Roads, Highways; operate in right-hand lane ............. SB 504 Vehicle Dimensions; truck tractors-semitrailers; length; overhang....................... SB 272 Vehicle Emergencies; require certain reflectors, roadway placement................... SB 394
HILDRETH, DR. ETHAN J.D.; Henry County STAR Teacher; commend............... SR 649
HILL, MATTHEW Sargeant-at-Arms for Georgia Senate; commend.................................................... SR 740 Sergeant at Arms; President welcomed back after illness.................................. Page 968
HISTORIC SITES AND PRESERVATION Acquiring Historic Areas; grants; creation of a Heritage Fund............................ SR 532 Bill of Rights Day; celebrate the anniversary of ratification...............................HB 1434 Civil War Battlefields; issuance of commemorative license plates........................HB 110 Civil War Commission; historic sites acquisition; special fund............................. SB 178 Enact State Historic Resources Preservation Program.......................................... SB 446 Georgia's Historical Records; documentary heritage; commend............................ SR 616 Heritage Fund, Land, Water, Wildlife and Recreation; creation........................... SB 496 Historic Preservation and Heritage Tourism; committee to study........................ SR 302 Historic Preservation, Heritage, Eco-tourism; committee to study....................... SR 552 Holocaust History Education; state commission created to implement..............HB 1664 Lacoda Trail Used by the Cherokee People; naming Memorial Parkway............HR 292 Land, Water, Wildlife and Recreation Heritage Fund; tax proceeds ..................HB 1551 Official State Designation; Ralph Mark Gilbert Civil Rights Museum................ SB 366 Outdoor Lighting Applications; misdirected light interference.............................. SB 329 Planning Commission on the 250th Anniversary of Representative Assembly in Georgia in Year 2001..............................................................................................HR 998 Stone Mountain Park; define purposes; use of revenue funds.............................. SB 367
Refer to numerical index for page numbers

2388

JOURNAL OF THE SENATE

HOBBS, HUBERT ERVIN H.E.; Name Highway 520 through Cusseta to honor ..........................................................................................................................HR 1106
HODGES, J. ROLAND; honoring the life of............................................................... SR 798
HODGKINS, BERNIE; recognizing.............................................................................. SR 561
HOLDER, JACKIE; commend....................................................................................... SR 631
HOLIDAYS; Observe Veterans Day, November 11; close public schools ................. SB 519
HOLMES, GARY M.; commend.................................................................................... SR 832
HOLOCAUST, GEORGIA COMMISSION ON THE; creation ................................HB 1664
HOLTON, JAMES N, JR.; commend........................................................................... SR 690
HOME EDUCATION WEEK IN GEORGIA; declaring............................................HB 1450
HOME HEALTH CARE Family Caregiving Expenditures for the Disabled; income tax credit................HB 1513 Health Planning; substantially revise Hospital Authorities Law........................HB 1101
HOME SCHOOLS Evidence of Enrollment; forms to obtain a driver's license................................... SB 602 Home Education Week in Georgia; declaring........................................................HB 1450 Home Education Week; recognizing.......................................................................... SR 700 Home Study Graduates; state employment; unrestricted qualifications.............. SB 412 Joint Study Committee on Home Study Programs; create........................................SR 4 Students Completing Home Study Program; HOPE Grants, Scholarships........HB 1556
HOMELAND, CITY OF; change corporate limits.....................................................HB 1733
HOMELESS PERSONS (Also See Indigent Persons) Emergency Food Funded by State Nutrition Assistance Program (SNAP)........HB 1253 Housing Needs; utilize youth job skills training program to build......................... SB 68
HOMESTEAD EXEMPTION Ad Valorem; exemption; senior citizens age 65 with certain income.................... SB 663 Ad Valorem; tax for educational purposes; exempt persons age 70...................... SB 550 Ad Valorem Taxation of Property; exempt senior citizens 65 or over.................. SB 626 Applicants Seeking Ad Valorem Tax Exemption; filing deadlines ......................HB 1464 Application for Exemption; qualification; ownership; recorded deed..................HB 1474 Atlanta; ad valorem school tax exemption; senior citizens.................................... SB 286 Atlanta, City of; ad valorem tax exemption; increase for elderly .........................HB 535 Barrow County; Ad Valorem exemption; senior age and income ........................HB 1767 Barrow County; ad valorem; homestead exemption ...............................................HB 984 Barrow County; ad valorem school taxes; exemption; age and income................HB 985 Bryan County; Ad Valorem School Taxes; senior citizens exemption................... SB 619 Carroll County; Ad Valorem school taxes; exempt certain residents..................HB 1690 Carrollton, City of; school taxes; exempt senior citizens......................................HB 1689 Catoosa County; ad valorem taxes; exemption; certain age, income ..................HB 1310 Catoosa County School District Taxes; Exemption; elderly residents ................HB 1309 Chatham County-City of Savannah School District Ad Valorem Taxes .............HB 1608 Chattooga County; Ad Valorem school tax; senior citizen exemption.................HB 1836 Cherokee County; ad valorem; exemption of $5,OOO.............................................HB 1671 Chickamauga, City of; ad valorem school tax exemption ....................................HB 1921 Coweta County; School Taxes; exempt elderly or disabled persons....................HB 1653
Refer to numerical index for page numbers

INDEX

2389

HOMESTEAD EXEMPTION (Continued) Crisp County; Ad Valorem Taxes; senior citizen exemption................................HB 1632 Dade County; ad valorem taxes; elderly citizens, certain income.......................HB 1912 Dalton, City of; Ad Valorem; exempt senior citizens, certain income.................HB 1807 Fannin County; Ad Valorem; school taxes; senior citizen exemption .................HB 1830 Fulton County; ad valorem school tax exemption; senior citizens........................ SB 285 Glynn County; Ad Valorem Taxes; exemption for age and income....................... SB 651 Gwinnett County; ad valorem school taxes; exempt elderly, disabled.................. SB 708 Hall County; Ad Valorem; school taxes; exempt senior citizens..........................HB 1624 Jasper County; ad valorem taxes; homestead exemption.....................................HB 1862 Liberty County; Ad Valorem; school taxes; senior citizen exemption.................HB 1828 Liberty County; Ad Valorem Tax; $5,000 exemption............................................HB 1827 Liberty County; Ad Valorem Tax; senior citizen exemption ................................HB 1826 Liberty County; Ad Valorem Taxes; exemption for senior citizens....................... SB 704 Oconee County Ad Valorem Taxes; exempt certain age, income.........................HB 1336 Oconee County School District Taxes; exempt certain age, income....................HB 1334 Walker County; ad valorem school taxes; exemption; senior citizens.................HB 1922 Walker County; ad valorem taxes; exemption; senior citizens ............................HB 1920 Ware County; Ad Valorem; county taxes; exemption; senior citizens.................HB 1917 Ware County; Ad Valorem; school taxes; exemption; senior citizens ..................HB 1916 Waycross, City of; ad valorem; exemption; senior citizens...................................HB 1918
HOMICIDE; vehicular; victim's rights for a speedy trial............................................ SB 83
HONEYBEES; plant pollination; protect gallberry bushes from herbicides............ SB 480
HOPE SCHOLARSHIP PROGRAM Lottery Funded Grants; criteria to qualify; remedial courses............................... SB 430 Lottery Proceeds; appropriations; specify educational priorities........................... SR 529 Lottery Proceeds; appropriations; specify purposes, programs............................HR 1002 Qualifications; residency, academic grades, enrollment, drug-free conduct, not in default on student loans.......................................................................................HB 1556 Students Completing Education in a DCYS School; eligibility.............................HB 939
HORSES; Police Horses; punishment to destroy or intentionally injury................. SB 697
HORTICULTURE TRADE ALLIANCE, ENVIRONMENTAL DAY; recognize........ SR 554
HOSPITALS (See Health Care Facilities or Health or Human Resources)
HOTELS AND MOTELS Excise Tax Levy; cap aggregate amount of total sales taxes imposed .................HB 609 Excise Tax Levy; purpose; certain international trade center; museum ..............HB 706 Excise Tax Levy to Fund Multipurpose Domed Stadium; extend date..............HB 1631
HOUSE OF REPRESENTATIVES Bills for Revenue or Appropriate Money May Originate in Senate........................ SR 55 Districts 156, 157, 165, 166, 172, 173 and 174; change descriptions .................HB 1502 Districts 84 and 87; descriptions ............................................................................HB 1702 Privileged Resolutions; jointly sponsored by House and Senate member............ SB 559 Senate Convened; notify House of Representatives................................................ SR 461
HOUSING (See Buildings and Housing)
Refer to numerical index for page numbers

2390

JOURNAL OF THE SENATE

HOWARD, LT. GOVERNOR PIERRE Birthday Congratulations........................................................................................... SR 567 Recognize and Commend ........................................................................................... SR 783 Recognizing.................................................................................................................. SR 796
HUDSON, TED; former House member; Highway to honor; Turner County .......HR 1095
HUFF, HENRY; Walton County Deputy Sheriff; commend...................................... SR 549
HUGHES, MRS. LULA E.; commend.......................................................................... SR 689
HULETT, FLOYD; name railroad bridge to honor; Murray County......................HR 1101
HUMAN RESOURCES (Also See Social Services or Health) Abused, Neglected Children; CASA/Court Appointed Special Advocates Fund, Give Children A Change; special license plates ........................................................... SB 487 Adoption; termination of parental rights; surrender forms; placement.................. SB 27 Adoptions; special needs children; financial assistance to families ........................ SB 24 AFDC Recipients; require name child's father on birth certificate....................... SB 195 Aging Programs; Silver-Haired Legislature; tax refund donations....................... SB 151 Assisted Living Facilities; licensing; Medicaid payment waivers..........................HB 287 Brook Run Mental Health Facility Serving Retarded Patients; commend and urge continued funding....................................................................................................HR 298 Child Abuse Cases; investigatory process; reporting certain deaths .................... SB 473 Child Care Facilities; shopping malls, office complexes; licensure........................ SB 222 Child Support; out-of-wedlock births; Fatherhood Responsibility Act.................... SB 58 Child Support Recovery Registry; employer reports of persons hired................HB 1307 Child Welfare Agency Laws; health, safety regulations; violations ...................... SB 202 Children in State Custody; education services; litigation expenses....................HB 1183 Department; assume duties for EMS personnel training, certification................ SB 543 Department; licensure of acupuncturists and detox specialists .............................. SB 65 Department; powers; health districts, mental health services .............................. SB 317 Family and Childrens Services; finding of facts; cases of child abandoned, tortured, chronically abused or sexually abuse..................................................................HB 1585 Financial Accounts for TANF Recipients; urge 2-year pilot project....................... SR 49 Foster Care Home Parents, Other Residents; criminal records check.................. SB 244 Medicaid; adolescents receiving mental health behavioral services....................HB 1179 Medicaid; create PeachCare for Kids Program; health care benefits.................... SB 410 Medicaid; enrollment of independent diagnostic radiology services...................... SB 238 Medicaid Fraud; forfeiture; search warrants; unintentional billing errors ........HB 1440 Medicaid; health benefits; establish pilot program to reduce costs...................... SB 260 Medicaid; providers committing certain offenses; deny participation..................... SB 44 Medicaid Providers; payment denied; administrative hearings...........................HB 1387 Medicaid Recipients; medical expenses; co-payment; health insurance................ SB 527 Medicaid; recipients; regulate marketing plans to enroll in HMO .....................HB 1408 Medicaid; uniform reimbursement rate; rural and urban hospitals..................... SB 575 Medical Assistance Department; enrolling Medicaid recipients in HMOs........... SB 390 Medical Assistance Department; pharmacy program; unrestricted prescription drug formulary.................................................................................................................. SB 139 Mental Health; hospitals, regional boards; employee terminations...................... SB 360 Pharmacy Practice Act and Third-party Prescription Program Law....................HB 330
Refer to numerical index for page numbers

INDEX

2391

HUMAN RESOURCES (Continued) Public Assistance; social assistance register of groups or individuals willing to assist recipients.................................................................................................................. SB 267 Public Assistance; teenage recipients; parenting education..................................... SB 41 Rehabilitative Services; brain and spinal cord injuries; trust fund...................... SB 110 Sexually Violent Predators; likelihood of repeat acts; evaluation......................... SB 413 TANF/Temporary Assistance for Needy Families; qualified aliens....................... SB 531 Women's Health Care Issues Study Committee; create......................................... SR 340 Women's Health, Office of; public health policies; study committee..................... SR 543
HUNTING (Also See Game and Fish) Big Game; persons with permanent disabilities; crossbow permit .....................HB 1532 Licenses; weapons requirements; nonresidents; hogs; small, big game..............HB 1352 Licensing Agents; automated licensing technology; sales receipts......................HB 1352 Lifetime Sportsman Licenses; fees for Wildlife Endowment Fund .....................HB 1640 Wildlife Management Areas; permitted hunting; termination procedure............. SB 475
HURT, MOSES; honoring.............................................................................................. SR 629
HYGIENIST Dentistry, State Board of; membership; practicing dental hygienist..................HB 1491 Industrial; workplace environment; scope of practice; use of title........................ SB 482
HYPNOSIS, HYPNOTHERAPIST; Hypnotherapist Licensure Act.......................... SB 345
I
IDENTIFICATION DOCUMENTS Driver's License; applicant fingerprints; prohibit without consent....................... SB 164 Forgery; false ID documents; sales to a minor or illegal alien............................. SB 199 ID Cards, Driver's License; repeal applicant fingerprint requirement..................... SB 2 Marriage Licenses; documentation required of non U.S. citizens.......................... SB 577 Voter Identification; proper documents; present at polling place............................ SB 43
IMMIGRANTS (Also See Alien Residents) Access to Health Care; reduce language barrier; physician Training.................. SB 662 Assist Qualified Aliens Under Georgia TANF Program Until 1999..................... SB 531 False ID Documents; unlawful possession; increased penalty to sell................... SB 199 Illegal Aliens Prohibited Employment on Public Works Projects.......................... SB 257 Marriage Licenses; documentation required of non U.S. citizens.......................... SB 577 Marriage Licenses; requirements for issuance; non U.S. citizens ......................... SB 578
IMPACT MINISTRIES; Legislative Aides; commend................................................. SR 683
IN VITRO FERTILIZATION; gestational surrogacy contracts ................................. SB 451
INCOME TAX (Also See Revenue and Taxation) Corporations; apportionment of income; new or expanded facilities...................HB 1353 Credit; caregiving expenses for disabled family members ...................................HB 1513 Credit for Purchase, Lease or Conversion to a Low-emission Vehicle................HB 1161 Credits; Low-emission, 'Clean Fuel' Vehicles in Ozone Alert Area.....................HB 1596 Deduction; employer social security tax credit; employee tips............................HB 1437 Deduction; medical care insurance costs of self-employed taxpayers .................HB 1116
Refer to numerical index for page numbers

2392

JOURNAL OF THE SENATE

INCOME TAX (Continued) Disabled Persons; tax credit; homes with accessibility features .........................HB 1621 Exemption; interest earned on a medical care savings account............................ SB 279 Exemptions; adjustments to reflect economic inflation on taxpayers................... SB 539 Exemptions; increase amount of taxpayer and dependent deductions ...............HB 1162 Jobs Tax Credit; business investments, retraining; carry-forward......................HB 1596 Jobs Tax Credit; increasing product exports, port facility traffic........................HB 1667 Nonprofit Organizations With Tax Exempt Status; food sale permits...............HB 1576 Refunds; contributions to Silver-Haired Legislature Special Fund....................... SB 151 Retirement Income; raise exclusion amount beginning tax-year 1999...............HB 1424 State Income Tax Structure; study commission to evaluate.................................. SR 593 Tax Refund Setoff; persons owing money to public agencies.................................HB 674 Taxpayer Refund; unappropriated surplus funds in state treasury...................... SR 533
INDEMNIFICATION OF PUBLIC OFFICERS State DOT Highway Employees Working Hazardous Conditions ......................... SB 117 State Highway Employees Killed or Permanently Disabled in Line of Duty; amend Constitution............................................................................................................... SR 64
INDIAN HERITAGE AND CONCERNS Adoption; affidavit of mother; disclose American Indian heritage........................ SB 571 Historic Preservation of Native American Cultural Items, Property.................... SB 446 Information Disclosure; Indian heritage of child's biological father .......................SB 27
INDIGENT PERSONS Assist Qualified Aliens Under Georgia TANF Program Until 1999..................... SB 531 Disadvantaged Youth; job skills training; construction trades................................ SB 68 Emergency Food for Needy Residents; Nutrition Assistance Program...............HB 1253 Indigent Defense Council; utilization of private funds.........................................HB 1323 Insurers; discrimination against low income areas prohibited................................ SB 45 Social Assistance Register; persons willing to help DFACS recipients ................ SB 267 Welfare Reform; concerns of Georgia Conference of Black Mayors....................... SR 111
INDUSTRY, TRADE AND TOURISM Business and Industry Recruitment; specific identity protected............................. SB 12 Commissioner; economic review panel; taxation of corporations.........................HB 1353 Electronic Records, Signatures, Contracts; legal authenticity............................... SB 433 Emergency Medical Ambulances Operated Exclusively for Employees................ SB 424 Goods Purchased Out-of-State; taxable value; expand sales tax base................HB 1656 Historic Preservation, Heritage Tourism, Revitalization; study of........................ SR 552 Industrial Hygiene; factors in workplace causing worker sickness ...................... SB 482 Industrial Scrap Tires; economic incentives to consumers for reuse.................... SR 758 Regional Development Centers; contracts with nonprofit contractors.................. SB 474 Retail Industries; newspaper advertising inserts; exempt sales tax...................HB 1656
INITIATIVE PETITION Process for People to Propose, Amend Laws in State-wide Referendums................ SR 8 Process for the People to Enact or Reject Statutes and Amendments to Constitution......................................................................................................... SR 176 Process for the People to Propose, Amend, Enact or Reject Laws........................ SR 146
Refer to numerical index for page numbers

INDEX

2393

INMATES (Also See Corrections or Jails or Probation) Claims for Alleged Property Damage; no state compensation paid...................... SB 423 Corrections Department; educational programs; re-employ teachers.................... SB 156 Costs of Incarceration; reimbursement to state.......................................................... SB 3 Crime Victim Restitution; adult offenders; theft; property damage ...................HB 1165 Crime Victims Emergency Fund; additional probation supervision fee ............... SB 409 Crimes Involving Injury or Death of Law Enforcement Officer, Firefighter or EMS Personnel; no parole................................................................................................ SB 618 Criminal Restitution; damages arising out of a criminal act................................HB 399 Drug Addiction; rehabilitation programs, supervised treatment........................... SR 780 Escape; aiding or encouraging; criminal street gangs; punishment ...................HB 1391 Escape and Offenses Related to Confinement; trial upon accusations...............HB 1306 Felony Crimes; no parole or early release; serve 90% of sentence....................... SB 494 Felony Criminal Offenders; not eligible parole or reduced sentence........................ SB 4 Felony Criminal Offenders Shall Serve Full Sentence Without Parole................ SB 100 Felony, Serious Crimes; punishment; no parole or early release; serve 90% of term imposed..................................................................................................................... SB 448 Halfway Houses or Drug Rehab Locations; proposed zoning decisions................ SB 600 Juvenile Felons; Rehabilitation Training Camps; establishment............................ SB 18 Pardons and Parole; abolish for persons convicted certain crimes ....................... SR 463 Pardons, Paroles; authority vested in General Assembly; abolish State Board of Pardons and Paroles ............................................................................................... SR 215 Parole Considerations; citizen inquiries; electronic call system.............................. SB 23 Parolees; approved services, programs; require payment of fees .......................... SB 449 Persons Convicted Crimes Against Children; no parole, early release................. SB 470 Persons Convicted Crimes Against Children; supervised probation..................... SB 467 Prisoner Litigation; civil actions; appeals require an application......................... SB 370 Prisons and Jails; cost analysis of construction costs ............................................ SR 172 Probation Supervision; eliminate 2-year limit; court may extend......................... SB 581 Projected Release Date of Inmate; notification to certain persons ....................... SB 671 Sentencing Documents; transmittal to Commissioner of Corrections.................HB 1254 Sentencing; truth in sentencing plan; state commission to examine.................... SR 477 Serious Violent Felony Offenders; ineligible parole, early release........................ SB 162 Serious Violent Felony Offenders; mandatory imprisonment term; not eligible first offender probation treatment ...............................................................................HB 1164 Serious Violent Felony Offenders; punishment; life without parole ..................... SB 461 Sex Offenders; parolees; disclosure in real estate transactions ..........................HB 1274 Sexually Violent Predators Likely to Engage Repeat Acts; detention..................SB 413 Sexually Violent Predators; violating registration requirements .......................... SB 498
INSURANCE Agents and Other Personnel; license suspension; nonpay student loan...............HB 884 Bone Mass Measurement Coverage Act; testing for osteoporosis.......................HB 1086 Commissioner; elected by majority of votes cast; procedures................................ SB 454 Commissioner; election by plurality vote...............................................................HB 1529 Dependent; define family member legally entitled to support.............................. SB 457 Federal Crop Insurance Program; urge protect farmers against losses ...............HR 856 Fire; property rate classification; responding fire station...................................... SB 511
Refer to numerical index for page numbers

2394

JOURNAL OF THE SENATE

INSURANCE (Continued) Fire; rate class variances; location responding fire station ................................... SB 512 Fraud Against Persons 60 Years of Age; increased penalties................................HB 233 Fraud; false claims, statements to procure payment of benefits...........................HB 493 Health and Liability; damage claims arising from tortious injury....................... SB 636 Health Care and Impact of Welfare Reform on Working Georgians; study......... SR 395 Health; children's health care; support private market initiatives....................... SR 525 Health; continuation of spousal coverage................................................................. SB 320 Health; county officers and employees; election of benefits plan.......................... SB 485 Health; coverage; Breast Cancer Patients; postsurgical care ................................ SB 431 Health; coverage; children's patient care cost; cancer therapy.............................. SB 603 Health; coverage; chlamydia screening tests; females under age 29..................HB 1565 Health; coverage; conversion rights; adopted child; women's access to health care; preexisting conditions; GHIAS assignment systems........................................... SB 665 Health; coverage; diabetes out-patient self-management....................................... SB 452 Health; coverage; diabetes outpatient self-management services............................ SB 55 Health; coverage for mental disorders; parity in treatment limits....................... SB 245 Health; coverage; inpatient care; Mastectomy Patient Care Act............................. SB 54 Health; coverage; mastectomy surgery, breast reconstruction............................... SB 528 Health; coverage; Morbid Obesity Anti-discrimination Act.................................... SB 490 Health; coverage; Morbid Obesity Surgical Intervention Act................................ SB 648 Health; coverage of bone density testing for osteoporosis....................................HB 1086 Health; coverage of retired public school employees ............................................HB 1273 Health; coverage of uninsured children; PeachCare for Kids Act......................... SB 410 Health; coverage; postsurgical care; Appropriate Patient Care Act...................... SB 589 Health; coverage; postsurgical care; Appropriate Patient Care Act...................... SB 330 Health; coverage; treatment of mental disorders; premium costs......................... SB 620 Health; covered services; payment directly to health care provider..................... SB 526 Health; HMO plans; marketing and enrollment of medicaid recipients ............HB 1408 Health; HMOs; covered medical treatment; patient receive services within certain time period...............................................................................................................HB 106 Health; HMOs; enrollment of Medicaid recipients; marketing contracts............. SB 390 Health; individual medical care savings, higher deductible plans........................ SB 279 Health; insurer prompt payment of claims; late payment penalty....................... SB 658 Health Insurers; discriminatory acts; victims of violence or abuse...................... SB 186 Health Insurers; Rural Health Care Provider Access..........................................HB 1798 Health; legislative proposals mandating coverage; prerequisites.......................... SB 207 Health; managed care plans; denial of claims; grievance procedure.................... SB 667 Health; Medicaid recipients co-pay medical expenses; pilot program................... SB 527 Health; participating providers; Rural Health Care Provider Access................... SB 594 Health Plans; associations, multiple employer welfare arrangements; opposing inadequate federal standards................................................................................. SR 766 Health Plans; associations, multiple employer welfare arrangements; opposing state insurance oversight exemption ............................................................................HR 1278 Health; proof of coverage; motorcycle operators...................................................... SB 682 Health; self-employed persons; income tax deduction for insurance ..................HB 1116 Health; services to enrollees; Managed Care Responsibility Act.......................... SB 211
Refer to numerical index for page numbers

INDEX

2395

INSURANCE (Continued) Homeowners' Policy; mortgage escrow agreements; liability of lender for failing to pay premium on time.....................................................................................................HB 478 Indemnification of National Guard Members and Firemen................................... SB 592 Indemnification of State Highway DOT Employees Killed or Disabled............... SB 117 Insurers; certificate of authority; filing statement; public record......................... SB 542 Insurers; countersignature requirements; exemption .............................................HB 862 Insurers; rate discrimination based on postal ZIP Code prohibited..................... SB 507 Insurers; redlining or discrimination policies prohibited......................................... SB 45 Insurers; surplus line insurers; inapplicable provisions......................................... SB 358 Liability; owner of land zoned commercial use; torts............................................. SB 388 Life; child support orders; amount of the premium................................................ SB 231 Life; group plans; insured employees payment of premiums ..............................HB 1687 Life; group policies; premiums paid from employee contributions........................ SB 681 Medical Care Savings Account and Trust for Long-term Care Needs ................. SB 163 Medical Reimbursement Claims When Insured Compensated for All Damages; settlements; restrict setoffs....................................................................................HB 553 Motor Vehicle; actions for injuries; certain drivers denied damages.................... SB 240 Motor Vehicle; collision damage waivers; rental vehicle agreements ................... SB 167 Motor Vehicle; coverage of claims against uninsured motorist policy.................. SB 436 Motor Vehicle; governmental ownership; damage liability insurance..................... SB 42 Motor Vehicle; medical and funeral expenses caused by accident........................ SB 224 Motor Vehicle; premium discount for automobile security systems...................... SB 696 Motor Vehicle; prohibited cancellations, surcharges; no prior claims................... SB 361 Motor Vehicle; proof of required insurance for vehicle registration...................... SB 538 Motor Vehicle; Taxicab Self-insurers; exception; certain counties.......................HB 1448 Motor Vehicle; uninsured motorist coverage; claims; restrict setoff ...................HB 1240 Motor Vehicle; uninsured motorist coverage; refusal to pay claim....................... SB 657 Motor Vehicle; uninsured motorists; minimum coverage enforcement ...............HB 1620 Motor Vehicle; uninsured motorists; restrict damage recovery; court costs; subrogation rights of insurers..................................................................................................... SB 635 Motor Vehicle; uninsured operators; damages; court costs.................................... SB 650 Motor Vehicles, Motorcycle Policies; grounds for cancellation or nonrenewal; committee to study.................................................................................................. SR 273 Motor Vehicles Operated Without Consent of Insured; coverage.......................... SB 364 Municipal Employee Benefits; define dependent family member.......................... SB 456 Mutual Insurers; reorganization plans, mergers, or demutualization.................. SB 595 Pharmaceuticals; claims; Third-party Prescription Program Law ........................HB 330 Policies; prohibit deny coverage when firearms kept on property........................ SB 562 Rates; use of insured's consumer credit history prohibited................................... SB 652 Workers' Compensation; disability and death benefits, claims; insolvent self-insurer obligations..............................................................................................................HB 1327 Workers' Compensation; group self-insurance funds; examiners........................... SB 656 Workers' Compensation; Injury Trust Fund settlements; impact of ADA on employers; joint committee to study......................................................................................... SR 279 Workers' Compensation; medical service provider billing errors........................... SB 384 Workers' Compensation; premium discount; drug-free workplace credit.............. SB 155 Workers' Compensation; self-insured employers; solvency; security..................... SB 166
Refer to numerical index for page numbers

2396

JOURNAL OF THE SENATE

INTEREST RATES (Also See Banking or Commerce) Housing Authorities; loans to private entities not usurious................................HB 1604 Vehicle Title Pawn Transactions; excessive interest, fees...................................... SB 239
INTERMODAL TRANSPORTATION; Atlanta Metropolitan Planning to Meet Air Quality; support for ..................................................................................................HE 1100
INTERNATIONAL BUILDING SAFETY WEEK; proclaim.....................................HR 1155
INTERNET Bulletin Boards, Web Sites, Home Pages Containing Materials Deemed Harmful to Minors; prohibited advertising............................................................................... SB 312 Electronic Campaign Contribution Disclosure Reports Via Internet.................... SB 441
INTERSTATE HIGHWAYS Outdoor Advertising Signs; change certain location restrictions.........................HB 1304 State Developmental Highway Projects; revise; delete Outer Perimeter ............. SB 314 Traffic Accidents; committee to study driver safety issues..................................HR 1066
INTRUDERS; Preventing Unlawful Entry; use of threat or force ........................... SB 476
IRVIN, TOMMY; Agriculture Commissioner; designate Parkway to honor ............ SR 639
ISAKSON, JOHNNY; Chairman, State Board of Education; remarks .................Page 313
ISRAEL, STATE OF; recognizing 50th Anniversary.................................................. SR 706
IVORY COAST, WEST AFRICAN COUNTRY; declare as sister state..................HR 1004
IZLAR, ROBERT LEE; commend................................................................................. SR 736
J
JACKSON COUNTY County Funds; selection of a depository; abolish Treasurer's office ...................HB 1518 Designate; Lauren McDonald Parkway; Veterans' Memorial Parkway...............HR 1054
JACKSON, ROY L.; commend...................................................................................... SR 807
JAILS, JAILERS Municipal Correctional Officers; peace officer certification....................................HB 791 Municipal Jails; funding for construction, operation, staffing; criminal or traffic law penalties................................................................................................................... SR 331 Municipal Probation Officers; training and certification......................................HB 1216 Prison and Jail Construction Cost Analysis; committee to study.........................SR 172
JAMES, D. RAY; commend ........................................................................................... SR 480
JASPER COUNTY Ad Valorem taxes; homestead exemption...............................................................HB 1862 Board of Education; election districts.....................................................................HB 1860 Office of Sheriff; vacancies; elections; chief deputy ..............................................HB 1061 Superior Court; Ocmulgee Judicial Circuit; additional judge.................................. SB 77
JEFFERSON COUNTY Board of Commissioners; compensation; expense allowances..............................HB 1772 State Court; judge; compensation...........................................................................HB 1890 State Court; solicitor-general; compensation .........................................................HB 1889
Refer to numerical index for page numbers

INDEX

2397

JEKYLL ISLAND STATE PARK AUTHORITY; Taxes or assessments; leasehold interests not exempt................................................................................................... SB 643
JESUP POLICE FORCE AND WAYNE COUNTY SHERIFF'S DEPARTMENT Commend.....................................................................................................................HR 973
JEWISH EDUCATION ALLIANCE; commend........................................................... SR 808
JOBS TAX CREDIT BEST Act Incentives; carry-forward period; investments, retraining.................HB 1596 BEST Act Incentives; increasing product exports, port traffic............................HB 1667
JOCKISCH, THEODORE; property exchange; Causton Bluff, Chatham County... SR 489
JOHNSON, DR. OTIS S.; commend............................................................................. SR 816
JOHNSON, REVEREND WILLIE J.; commend......................................................... SR 699
JOINT BOARD OF FAMILY PRACTICE; redesignate as Georgia Board for Physician Workforce..................................................................................................................... SB 533
JOINT GEORGIA TRANSPORTATION STUDY COMMITTEE...............................HR 464
JOINT STATE INCOME TAX REFORM STUDY COMMISSION ........................... SR 593
JOINT STREAM BUFFER STUDY COMMITTEE .................................................... SR 644
JOINT STUDY COMMITTEE ON HISTORIC PRESERVATION ............................ SR 552
JOINT STUDY COMMITTEE ON LOCAL ASSISTANCE GRANTS....................... SR 674
JOINT STUDY COMMITTEE VOCATIONAL STUDENT ORGANIZATIONS....... SR 557
JONES COUNTY Board of Commissioners; salary; purchases, bids; advertisements .....................HB 1746 Probate Court; judge; compensation, expenses......................................................HB 1781 Sheriff; travel expense reimbursement...................................................................HB 1780 Superior Court Clerk; travel expenses...................................................................HB 1783 Superior Court; Ocmulgee Judicial Circuit; additional judge.................................. SB 77 Tax Commissioner; compensation and expenses ...................................................HB 1782
JONES, GEORGE E. AND RACHEL C.; 50th Wedding Anniversary; honoring.... SR 737
JONES, HOLLIE REBECCA; expressing regrets at the passing............................. SR 802
JONES, J. B.; commend................................................................................................. SR 516
JONES, JASON; Prudential Spirit of Community Award; commend ...................... SR 637
JOYNER, REVEREND JOHN R.; commend............................................................... SR 745 JUDGES (Also See Courts)
Appellate Court; composition; four divisions with 13 judges................................... SB 78 Appellate Court; retirement; reduce age to 60 years ...............................................HB 56 Appellate Court; senior judges and justices; compensation................................... SB 369 Civil Actions Brought Against Judicial Officers; expenses; recovery..................HB 1730 Courts Requesting Assistance of Additional Judge on Permanent Basis............. SB 688 Judicial Assistance to Other Courts; senior judges appointment........................HB 1642 Judicial Budget Administration; salaries and other expenses.............................HB 1617 Juvenile Court; specialized training; matters of child protection............................ SB 75 Juvenile Court; training expenses; court orders ...................................................HB 1290 Magistrates; training and certification; mentor program.....................................HB 1200 Municipal Courts Training Council; members; appointment method.................HB 1199
Refer to numerical index for page numbers

2398

JOURNAL OF THE SENATE

JUDGES (Continued) Nonpartisan Election Without Prior Nonpartisan Primary ...................................HB 820 Probate; appointment of county administrators; certain counties......................... SB 136 Probate Court; retirement; maximum income used to compute benefits .............HB 780 Probate Courts; training requirements and certification .......................................HB 516 Probate, Magistrate; Election Qualifying Fees; percent of salary.......................HB 1202 Public Records Revealing Home Address or Other Personal Information; disclosure not required...........................................................................................................HB 1499 State and Federal Courts; authorize perform marriage ceremonies.....................HB 249 Superior Court; retirees; benefit increase for certain service..................................HB 88 Superior Court; transfer to new Judicial Retirement System...............................HB 751 Trial Courts; continuances; grounds; party presiding as a judge; maximum number of continuances............................................................................................................. SB 299
JUDGMENTS (Also See Liens or Property) Appeals; claims for litigation expenses for frivolous actions ................................. SB 623 Civil Actions on Commercial Accounts; rejection of settlement offer................... SB 524 Damages Arising Out of a Criminal Act; criminal restitution..............................HB 399 Dispossessory Proceedings Against Tenant for Rent Due; appeals....................... SB 488 Dispossessory Proceedings; tenant rent payments pending appeal...................... SB 525 Insurers; medical reimbursement claims; settlement; restrict setoff....................HB 553 Prisons; inmates; costs of incarceration; reimbursement to state............................. SB 3 State Courts; orders for deferred partial payments on judgments......................... SB 35
JUDICIAL CIRCUITS Atlanta Circuit; Family Court Division; Fulton County Superior Court............HB 1674 Atlanta Circuit; superior court; two additional judges............................................. SB 77 Bell-Forsyth Circuit; new circuit of the Superior Courts composed of Forsyth County created........................................................................................................................SB 77 Blue Ridge Circuit; superior court; decrease number of judges; transfer proceedings to newly created circuit............................................................................................ SB 77 Blue Ridge Circuit; superior court; judge; county supplements..........................HB 1894 Chattahoochee Circuit; superior court; judges; salary supplements..................... SB 584 Cobb Circuit; superior court; judges; salary supplements....................................HB 1731 Coweta Circuit; superior court; judges; county salary supplement....................... SB 677 Douglas Circuit; superior court; additional judge..................................................... SB 77 Gwinnett Circuit; superior court; additional judge................................................... SB 77 Gwinnett Circuit; superior court; create seventh judgeship.................................. SB 509 Northeastern Circuit; superior court judges; salary supplement........................HB 1840 Ocmulgee Circuit; superior court; additional judge.................................................. SB 77 Office of Senior Court Reporter; provide for............................................................ SB 210 Prosecuting Attorneys in Cases Involving Controlled Substances........................ SB 523 Stone Mountain Circuit; superior court; additional judge ....................................... SB 77 Stone Mountain Circuit; superior court; judges; salary supplement..................HB 1723 Western Circuit; superior court judges; salary supplement................................... SB 483
JURIES (Also See Courts) Appeals from Magistrate Court; bench trials in lieu trial by jury .....................HB 1186 Intimidation, Terroristic Threats to Jurors or Court Officers .............................HB 1391 Jurors; grand, trial; compilation of jury lists; eligible citizens.............................. SB 253
Refer to numerical index for page numbers

INDEX

2399

JURIES (Continued) Jurors; peremptory challenges; allow state same number as accused.................... SB 64 Jurors; peremptory challenges; panels; misdemeanor, felony trials...................... SB 114 Probate Courts; jury trials in civil matters; certain counties................................ SB 540 Superior Court Clerks Performing Additional Juror Duties; salary..................... SB 689 Trial Jurors for Misdemeanor, Felony Trials; peremptory challenges.................. SB 690
JUVENILE JUSTICE DEPARTMENT Employees With Peace Officer Powers; retirement membership...........................HB 759 Juvenile Delinquents; disposition; counseling; custody to relative........................ SB 660 Juvenile Rehabilitation Training Camps; develop and implement......................... SB 18 Juveniles Charged With Felony Crimes; fingerprints; records access .................. SB 421 Juveniles Committing Designated Felony or Previous Delinquent Acts; release releasing name of child ........................................................................................HB 1290 Juveniles Fingerprinted for Criminal Offenses; reports to GCIC ......................... SB 458 Lottery Funded Scholarships; eligibility of students in DCYS school ..................HB 939 Youth Services; establish construction job skills training program........................ SB 68
JUVENILE PROCEEDINGS (Also See Courts or Minors or Juvenile Justice Department) CASA/Court Appointed Special Advocates Fund, Give Children A Chance......... SB 487 Child Custody Disputes Alleging Abuse; juvenile court jurisdiction ...................... SB 74 Children and Youth Services Department; employees; retirement .......................HB 759 Children in State Custody; education services; litigation expenses....................HB 1183 Children Placed State Custody; Juvenile Court ordered child support................ SB 334 Court Orders for Counseling; custody granted to relative to age 18.................... SB 660 Deprived Children; substance abuse by persons having custody........................HB 1717 Guardian Ad Litem for a Minor; attorney or special advocate...........................HB 1288 Guardians of Minors; dissolution of appointed temporary guardians................... SB 180 Judicial Findings; reasons requiring removal of child from home; child's health and safety paramount concern; permanency plans...................................................HB 1585 Jurisdiction, Venue; transfer orders; counseling; when child's name released; records retention; judge's training; hearings ...................................................................HB 1290 Juvenile Court; former judges; appointment to senior judge status...................HB 1642 Juvenile Court Judges; required training; child protection matters....................... SB 75 Juvenile Criminal Records; identification data, files; disclosure........................... SB 421 Juvenile Felons; Rehabilitation Training Camps; establishment............................ SB 18 Juvenile Felony Offenders; records disclosure; School Safety Act......................... SB 161 Juveniles Fingerprinted for Criminal Offenses; reports to GCIC ......................... SB 458 Juveniles; probation conditions; school attendance, passing grades..................... SB 106 Malicious Damage to Another's Property; parent, guardian liability..................... SB 89 Records; use in subsequent criminal proceedings as evidence..............................SB 157 Street Gangs Act of 1998; criminal activities; enhanced penalties.....................HB 1391 Street Gangs; crimes committed while wearing bulletproof vests ........................ SB 425 Students Completing DCYS School; HOPE scholarship eligibility .......................HB 939
K
KALEIDOSCOPE '98; commend................................................................................... SR 749
Refer to numerical index for page numbers

2400

JOURNAL OF THE SENATE

KELLEY, CHIEF ROBERT L. CHUCK; Stone Mountain Public Safety; Commend..................................................................................................................... SR 622
KELLY, EMMA THOMPSON; Lady of 6,000 Songs; recognize................................ SR 597
KENNEDY, JOSEPH E.; tribute to ............................................................................. SR 641
KENNESAW, CITY OF; change corporate limits .....................................................HB 1839
KIDS VOTING GEORGIA; commend .......................................................................... SR 741
KIM, HYON CHU; commend........................................................................................ SR 684
KINGDOM KIDS CHOIR; sang inspirational songs.................................................Page 80
KINGSTON, CONGRESSMAN JACK; introduced, remarks.................................. Page 782
KUCHAR, MATT; commend.......................................................................................... SR 518
KUZAVA, KATHY M.; commend................................................................................... SR 702
L
LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security or Workers' Compensation) Commissioner; Election by Plurality Vote..............................................................HB 1529 Communities of Color or Inner City; prohibit insurers discriminate ..................... SB 45 Employee Wage Deductions for Political Purposes; regulate................................. SB 691 Employee Wage Deductions Unlawfully Withheld for Political Purposes............. SB 497 Employee Wages; deductions for political purposes; prohibitions ......................... SB 617 Employees; payment of group life insurance premiums......................................... SB 681 Employer, Employee Medical Care Savings Account Contributions..................... SB 279 Employers; actions against employee; government agency proceedings............... SB 283 Employers; medical care savings account program for employees........................SB 163 Georgia School Workforce Preparation Program; creation..................................... SB 499 Health Insurance Costs; self-employed persons; income tax deduction..............HB 1116 Income Tax; deduction; employer social security tax credit.................................HB 1437 Industrial Hygiene, Practice of; evaluating workplace environment.................... SB 482 Labor Commissioner; election by majority of votes cast........................................ SB 454 Minimum Wages; increase to federal poverty level; annually adjust................... SB 629 Municipal Police Officer's Compensation; mediation procedures........................... SB 585 OCGA Title 34; code revisions and modernizations .............................................HB 1228 Professional Employer Organizations; employee staffing; licensure..................... SB 126 Public Employees; hours worked overtime; compensation..................................... SB 700 Public Employees Labor Relations Act; collective bargaining............................... SB 668 Public Employees; prohibition against labor strikes, work stoppage..................HB 1373 Unemployment Compensation; employer contributions; payment waivers .......... SB 557 Unemployment Compensation; insurance trust fund; employer rates; weekly benefit amount; child support enforcement.....................................................................HB 1140 Unemployment Insurance; request state project to run own UI System............. SR 351 Wages; increase hourly amount to be paid to federal minimum........................... SB 432 Wages; unclaimed payroll checks; disposition; revert to issuer............................. SB 217 Workers' Compensation; basis for computing; injured National Guard ............... SB 592 Workers' Compensation; compensable injuries; temporary or permanent partial disability; income payments; fraud .....................................................................HB 1327
Refer to numerical index for page numbers

INDEX

2401

LABOR AND INDUSTRIAL RELATIONS (Continued) Workers' Compensation; decisions of State Board; appeal procedure..................... SB 34 Workers' Compensation; group self-insurance funds; examiners........................... SB 656 Workers' Compensation; Injury Trust Fund; ADA impact on employers............. SR 279 Workers' Compensation; insolvent self-insurer obligations..................................HB 1327 Workers' Compensation; insureds with drug-free workplace programs................ SB 155 Workers' Compensation; medical service provider billing errors........................... SB 384 Workers' Compensation; Self-insurers Guaranty Trust Fund................................ SB 166 Workers' Compensation; state board decisions; appeals; time period................... SB 368
LACODA TRAIL MEMORIAL PARKWAY; designating Highway 334 in Jackson County..........................................................................................................................HR 292
LAGRANGE, CITY OF City Council; new election districts; conform consent order, decree...................HB 1670 Downtown Development Authority; members; represent property owners........HB 1543
LAKE CITY, CITY OF; corporate boundaries; Clayton County................................ SB 695
LAKE OCONEE; Boating Safety Zones; prohibited vessels, houseboats ...............HB 1315
LAKES Boating Safety Zones; designated lakes; restricted vessels .................................HB 1315 State Park Lakes, Lands; regulate certain activities; compliance ........................ SB 484 West Point Lake water level problems; urge federal action.................................. SR 353
LANCETTE, SEAN J.E.; commend.............................................................................. SR 820
LAND, MRS. ANNE WOLFSHOHL; honoring the memory of................................. SR 831
LAND RECORDS; Judicial Sales; legal description in advertisement..................... SB 563
LAND USE PLANS (Also See Zoning and Local Government) Land Surveying; platting sewer connections; training certification...................... SB 647 Metropolitan River Protection Act; regulate development adjacent major stream corridors; protect public water supply .................................................................. SB 661 Property Rezoning; hearings on proposed decisions; signage................................ SB 521 Stream Buffer Requirements; variance requests; committee to study ................. SR 644 Surface Mining Regulations; exclude certain borrow pits......................................HB 844 Transfer of Property Development Rights; procedures.........................................HB 1540 Zoning Procedures; ordinances; special use permits; final decision...................... SB 573
LAND, WATER, WILDLIFE AND RECREATION HERITAGE FUND; creation... SB 496
LANDFILLS (See Waste Management)
LANGDALE, JOHN W; expressing regrets at his passing....................................... SR 723
LANGDALE, W. P. "BILLY"; elected member of State Transportation Board....... Page 64
LANGFORD, ARTHUR; placement of portrait at State Capitol.............................. SR 287
LANGSTON, D.M. (MAX); commend........................................................................... SR 707
LANIER COUNTY; Designate; William Jackson Moogie Lee Highway.................HR 1034
LAURENS COUNTY Designate; The Captain Bobbie Brown Highway; Laurens County ......................HR 931 Dublin-Laurens County Commission on Children, Youth and Families.............HB 1763
LAVAUGHN, GAIL; sang "Georgia On My Mind"..................................................... Page 63
Refer to numerical index for page numbers

2402

JOURNAL OF THE SENATE

LAVENDER, APRIL; commend .................................................................................... SR 730
LAW ENFORCEMENT OFFICERS AND AGENCIES Abandoned, Unattended Motor Vehicles; removal; disposition of fines................ SB 249 Arrest of a Peace Officer; required information on arrest affidavit......................HB 258 Arrests for Not Yielding Right of Way to Emergency Vehicles............................. SB 516 Corrections; Board, Department, Commissioner; change name to Georgia Bureau of Prisons...................................................................................................................... SB 671 Crime Information Center; duties; juvenile identification records........................ SB 421 Crime Information Center; records; fingerprints of juveniles................................ SB 458 Crimes Involving Injury or Death of an Officer; punishment............................... SB 618 Department of Juvenile Justice or former DCYS Employees With Peace Officer Powers; retirement membership............................................................................HB 759 Disability Benefits Under Employees' Retirement System.................................... SB 291 Drugs and Narcotics Agency; director, agents; retain weapon, badge....................HB 92 Duties; cases of abuse against vulnerable adults; arrests; training..................... SB 159 Emergency Calls for Assistance; criminal offense to interfere.............................. SB 460 Emergency Nonconsensual Medical Treatment; apparent suicide attempt............ SB 36 Emergency Responders; cardiac arrest; use of defibrillator equipment............... SB 566 Emergency Telephone Number 911; duties of public safety responders .............. SB 379 Emergency Telephone 911 System Funds; authorized disbursements.................. SB 237 Emergency 911 Telephone Systems; performance reports; inspection..................HB 278 Enforcement Powers, Duties Under Georgia Pharmacy Practice Act...................HB 330 Firearms Possession; authority to carry pistol or revolver ..................................HB 1425 GCIC Criminal History Records of Prospective Renters; disclosure.....................HB 122 GCIC Criminal Records; firearms dealer telephone service hours........................HB 290 Georgia DUI Study Commission; create .................................................................. SR 680 Hepatitis C Exposure in Performance of Duty; vaccination, screening..............HB 1410 Law Libraries; maintain codification of county ordinances; funding.................... SB 134 Municipal Law Enforcement Employment Study Committee................................ SR 633 Municipal Police Officer's Compensation; negotiations; mediation ....................... SB 585 Municipal Probation Officers; training and certification......................................HB 1216 Murder of a Peace Officer Engaged in Official Duties; punishment.................... SB 570 Natural Resources Law Enforcement Officers; conservation rangers................... SB 514 OCGA Title 35; code revisions and modernizations .............................................HB 1228 Officers; engaging in political activities; rights; prohibitions.................................. SB 53 Officers; fitness for duty; psychological evaluations; disclosure ..........................HB 1410 Peace Officer Certification; municipal correctional officers; administrative investigators.............................................................................................................HB 791 Peace Officers; honorary fishing licenses................................................................. SB 422 Peace Officers; minimum salaries; recognize need for funding............................. SR 586 Peace Officers; official oath of office; file in agency records..................................HB 458 Peace Officers; state and local; training; appropriation of funds.......................... SB 200 Peace Officers; training requirements; county probation systems ........................ SB 142 Radar Speed Detection Devices; permit conditions; regulate use .........................HB 190 Records Revealing Home Address or Other Personal Information; public disclosure not required...........................................................................................................HB 1499 Sex Crime Offenders; duties of sheriffs, police chiefs ............................................ SB 375 Sexually Violent Predators; registration information; forward to GBI................... SB 39
Refer to numerical index for page numbers

INDEX

2403

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Sheriffs; qualifications for office; peace officer training......................................... SB 142 Sheriffs Retirement; benefits when spouse predeceases member .........................HB 464 State Patrol; eligibility for appointment; change requirements ............................ SB 586 Stone Mountain Memorial Association; police powers............................................ SB 604 Street Gang Terrorism and Prevention; enforcement; training...........................HB 1391 Testing of Suspect for DUI Alcohol or Drugs; implied consent law...................... SB 659
LAW LIBRARIES; maintain codification of county ordinances; funding................. SB 134
LEAD POISONING; Lead-based Paint Hazards; removal; enforcement.................. SB 481
LEASES Rental Rates; false advertising of vehicle rental rates .......................................... SB 621 Rental Vehicles; excise tax on cash or credit charges; reporting........................HB 1582 Used Motor Vehicle Dealers; security interest; disclose to lessee......................... SB 196 Vehicles Leased to Disabled Veterans; ad valorem tax exemption ....................... SB 489
LEE COUNTY Chehaw Park Authority; change membership provisions.....................................HB 1614 Lee County Utilities Authority; compensation of members.................................HB 1847 Magistrate Court; chief magistrate; nonpartisan election....................................HB 1843 Magistrate Court; law library fees .........................................................................HB 1845 Probate Court Judge; nonpartisan elections ..........................................................HB 1844
LEE, EDWIN DOMINIQUE; Most Valuable Basketball Player; honoring.............. SR 819
LEE, JOHN; commend .................................................................................................. SR 773
LEE, WILLIAM JACKSON MOOGIE; name portion Highway 122 to honor.......HR 1034
LEGAL ADVERTISING Georgia Procurement Registry; advertizing bid opportunities............................... SB 437 Insurers; repeal requirement to publish annual financial statement................... SB 542 Judicial Sales; legal description of property in advertisement.............................. SB 563 Zoning Actions on Annexed or Deannexed Property; hearing notices.................. SB 600
LEGISLATIVE RETIREMENT SYSTEM; Survivor Benefits; payment to a secondary beneficiary..................................................................................................................HB 1096
LEONARD, GERALD H.; name highway Parkway to honor; Murray County........HR 955
LIBERTY COUNTY Ad Valorem; school taxes; homestead exemption; senior citizens .......................HB 1828 Ad Valorem Tax; $15,000 homestead exemption; senior citizens ........................HB 1826 Ad Valorem Tax; $5,000 homestead exemption.....................................................HB 1827 Ad Valorem Taxes; homestead exemption; senior citizens..................................... SB 704 Officers; no fees, commission or compensation other than salary ......................HB 1809 Surface Water Withdrawal; permits; coastal zone counties................................... SB 415 Tax Commissioner; annual salary...........................................................................HB 1810
LIBRARIES, LIBRARIANS Information Technology Relating to Technical Institutes and Public Libraries Study Committee................................................................................................................ SR 334 Law Libraries; maintain codification of county ordinances; funding.................... SB 134 Materials Deemed Harmful to Minors; restrict computer access to..................... SB 312
Refer to numerical index for page numbers

2404

JOURNAL OF THE SENATE

LIBRARIES, LIBRARIANS (Continued) Public Libraries; encourage placement of child parenting books.......................... SR 579 Public or School; restrict access by minors to harmful materials........................... SB 40 Read Across America Campaign; endorsing............................................................ SR 678
LICENSE PLATES (Also See Motor Vehicles) Automobile Registration, Taxation; joint committee to study................................ SR 271 Automobiles Registration and Taxation; committee to study................................ SR 272 Certificate of Titles; pledged in vehicle title pawn transactions........................... SB 239 Display on both front and rear of vehicles after January 1, 2002........................SB 363 Fleet Registration Plans; enrollment and registration of vehicles......................HB 1430 Plates and Decals; issuance to owners; transfer between vehicles....................... SB 115 Recently Acquired Vehicles; purchaser temporary notices...................................HB 1430 Registration and Title Records; release to business for marketing...................... SB 622 Registration; title, plates, decals; vehicle transfers; replacements; consular corps charge; liens for child support collection ............................................................HB 1430 Special; antique, hobby or special interest; change dimensions............................ SB 471 Special; Civil War historic sites license plate.......................................................... SB 178 Special; Give Children A Chance; proceeds to fund CASA/Court Appointed Special Advocates Training ................................................................................................. SB 487 Special; honor veterans of Chosin Reservoir Campaign, North Korea...............HB 1430 Special; honoring Veterans; Chosin Reservoir Campaign in North Korea; Eighth Air Force during WWII................................................................................................. SB 518 Special; ILEV/Inherently Low-emission Alternative Fueled Vehicles................... SB 554 Special; issuance; Wildflowers; fees dedicated for special fund............................. SR 559 Special; manufacturing cost fees; transfer between vehicles...............................HB 1430 Special; promote recycling; fees dedicated solid waste trust fund.......................... SB 63 Special; retention by retired U.S. military reservists............................................. SB 198 Special; Shrine Hospitals for Children; Civil War Battlefields .............................HB 110 Special; U.S. Disabled Athletes Fund; renewal provisions...................................HB 1538 Special; wildflower plates; revenues for roadside beautification........................... SB 337 Tag Fees; proceeds not paid into general fund; amend Constitution.................... SR 132 Transfer of Title on Second-hand or Used Vehicles; prior ownership .................. SB 530 Used Motor Vehicles; selling unlawfully titled, registered vehicles...................... SB 692 Vehicle Certificate of Title; joint interest; surviving owners .................................HB 387 Vehicle Registration Period; calendar month of owner's birthday......................... SB 601 Vehicle Registration; prohibit without proof of liability insurance....................... SB 538 Vehicle Registration; used vehicles offered for sale; requirement.......................HB 1683
LIENS Abandoned Motor Vehicles; sales pursuant to foreclosures ................................... SB 249 Deed to Secure Debt; debt paid in full; proper cancellation................................HB 1144 Funeral Service Contracts; failure to pay; liens upon property ..........................HB 1214 Investments and Property Securities; Uniform Commercial Code rules.............. SB 402 Marine Vessels, Outboard Motors, Charter Boats, Marinas, Dealers; certificate of title ........................................................................................................................... SB 515 Mechanics and Materialmen's; failure to file; voiding of record .........................HB 1696 Mechanics' and Materialmen's Liens; building permits for property improvement or construction; printed text on forms.....................................................................HB 1337 Mechanics' and Materialmen's Upon Real Estate; process to void record...........SB 508
Refer to numerical index for page numbers

INDEX

2405

LIENS (Continued) Motor Vehicle Liens; certificate of title; perfection; enforcement ........................HB 1430 Motor Vehicle Repairs; disputed transactions ......................................................... SB 225
LIEUTENANT GOVERNOR Elected by Majority of Votes Cast; election procedures.......................................... SB 454 Pierre Howard; birthday congratulations................................................................. SR 567 Pierre Howard; recognize and commend.................................................................. SR 783 Pierre Howard; recognizing....................................................................................... SR 796
LIMOUSINE CARRIER SERVICES; Regulations; permits; eligibility; chauffeurs; safety; licenses......................................................................................................................... SB 310
LINCOLN COUNTY; Board of Education; nonpartisan elections ..........................HB 1757
LINGAM, SASHI KIRAN; Henry County STAR Student; commend....................... SR 650
LIPSCOMB, JAMIE PRICE; commend........................................................................ SR 697
LISTER, HOVIE; gospel singer; President introduced............................................ Page 545
LITHIA SPRINGS, CITY OF; corporate limits; deannex property.........................HB 1911
LITTER Beverage Container Recycling and Litter Reduction Incentives ........................... SB 191 Littering; definition includes cigarette butts and chewing gum............................HB 248
LITTLE, CANDICE; Miss Georgia 1997; honoring.................................................... SR 647
LIVELY, RALPH AFORD; commend ........................................................................... SR 486
LIVER DISEASES AND PREVENTION AWARENESS MONTH; designating...... SR 592
LIVESTOCK Ad Valorem Tax Exemption.....................................................................................HB 1350 Special Sales by Georgia 4-H Clubs and FFA Chapters; bond exemption.........HB 1460
LIVING WILLS Adults; Temporary Health Care Placement Decisions; procedures....................... SB 549 Execution of Documents and Forms; effect, duration, revocation......................... SB 478
LOANS Secured Transactions; debt paid in full; cancellation of record ..........................HB 1144 Small Consumer Loan Industry; joint committee to study.................................... SR 668 Small Consumer Loan Industry Study Committee................................................. SR 698
LOBBYISTS, REGISTERED AGENTS Casinos, Pari-mutuel or Gambling Businesses; prohibit campaign contributions to public officers........................................................................................................... SB 606 Ethics; General Assembly members prohibited accept goods, services................. SB 177 Georgia Commission on Women; acting official capacity not lobbying.................HB 761
LOCAL GOVERNMENT (Also See Counties or Municipalities) Ad Valorem; assessment notices; refund taxes when difference between assessed value and lower sales price.................................................................................... SB 529 Ad Valorem; conservation use property; breach of renewal covenants...............HB 1365 Ad Valorem; exemption; livestock............................................................................. SB 419 Ad Valorem; exemption; livestock, farm products, trees and plants...................HB 1350 Ad Valorem; homestead exemptions; applicant filing deadlines..........................HB 1464
Refer to numerical index for page numbers

2406

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued) Ad Valorem; property appraisal; no more than purchase price value.................. SR 558 Ad Valorem; Residential Property Assessment; freeze existing values ................ SR 472 Ad Valorem; taxation of heavy-duty equipment motor vehicles..........................HB 1324 Alcoholic Beverage Sales; minimum distance from churches, schools.................. SB 298 Alcoholic Beverages; permitting, licensing retail sales; locations ......................... SB 111 Annexation; effective date; zoning; land classification objections .......................HB 1603 Annexation of Commercial Property by a Municipality; requirements ................ SB 251 Authorities; officers, employees; abuse of office; property sales..........................HB 1542 Authorities; registration process; reporting names of members..........................HB 1557 Authorities; utility services; contract terms; rates, fees, charges .......................HB 1160 Bond Elections; date of November general election; exception.............................. SB 256 Bond Issuance Practices, Procedures; committee to study..................................... SR 290 Budgets and Audits of Financial Operation; expenditure controls; project-length balanced budgets; state grant funds...................................................................HB 1364 Building Permit Forms; printed text; property subject lien laws........................HB 1337 Cities or Counties; employee insurance and benefits; extend only to spouses and dependent children.................................................................................................. SB 435 Computer Software Failure; dates beginning Year 2000; no liability................... SB 638 Consolidated Governments; redevelopment powers; financing projects..............HB 1485 Contracts; bid procedures; buildings to be leased to state agencies; vendors and multiyear contracts ...................................................................................................HB 32 Contracts; Public Works; bids; requirements; emergency situations .................... SB 229 Counties; appropriations of lottery proceeds; limit annual amount...................... SB 333 Counties; Capitol Felony Expense Act........................................................................ SB 56 Counties; employment benefits; prohibit in lieu cash compensation...................... SB 32 Counties; minimum salaries of officers; satellite courthouses.............................HB 1413 Counties, Municipal Roads, Streets, Bridges; maximum weight limits..............HB 1470 Counties, Municipalities; election qualifying fees.................................................HB 1202 Counties of 180,000; courts requesting judicial assistance.................................... SB 688 Counties of 180,000 or More; assistance of an additional judge.........................HB 1642 Counties of 180,000 or More; county administrators; appointment...................... SB 136 Counties of 400,000 or More; charitable grants or contributions.......................... SB 567 Counties of 550,000 or More; purchasing; public letting and bids .....................HB 1452 Counties of 58,000 or More; sales of alcoholic beverages on Sunday................... SB 537 County Boards, Departments of Health and Wellness; change in name ...........HB 1412 County Boards of Health; role in rural areas without hospitals .......................... SR 841 County Boundary Lines; petitions to change; procedures...................................... SB 380 County Law Libraries; funding; maintain ordinance code; trustees..................... SB 134 County, Municipal Hospital Authorities; public health functions.......................HB 1101 County Officers and Employees; election of health benefits plan......................... SB 485 County Property; sale or disposition; sites for public schools .............................HB 1550 County Property; use as a public school site; leases or exchanges....................... SB 612 County Treasury; moneys from fines, forfeitures; distribution ............................. SB 607 Disability Commissions; establish; coordinate programs for disabled.................. SB 383 Discrimination or Preferential Treatment Prohibited in Cobb County..............HB 1374 Drinking Water Regulations; compliance; private owned public systems ............ SB 252 Elections; electronic voting, optical scanning tabulators; antifraud warning; poll watchers; elector lists; official's training............................................................HB 1268
Refer to numerical index for page numbers

INDEX

2407

LOCAL GOVERNMENT (Continued) Elections; multi-county sites for voter registration, early voting.......................... SB 686 Elections, Nonpartisan; judges, county offices, school boards ...............................HB 820 Elections; training and duties of local officials; violations..................................... SB 593 Emergency Telephone 911 System Funds; authorized disbursements.................. SB 237 Emergency 911 Telephone Services; regulations; contracts; funding.................... SB 572 Eminent Domain Powers; toll roads, bridges; contracts.......................................HB 1486 Employees; overtime hours; compensation; fair employment practices................ SB 700 Erosion Control Measures Along Banks of State Waters.....................................HB 1593 Excise Tax, Hotel-Motel; exemptions; cap aggregate tax rate at 13%..................HB 609 Excise Tax, Hotel-Motel; fund multipurpose stadium; termination date ...........HB 1631 Excise Taxes Funding Certain Public Facilities; moratorium on sewer connections not applicable ................................................................................................................... SB 19 Fines Relating to Abandoned Motor Vehicles; disposition of moneys................... SB 249 Fire Departments; requirements to function; compliance....................................HB 1270 Fire Insurance Rates; property location to responding fire station...................... SB 511 Fire Insurance; rating class variances; fire engine travel time ............................ SB 512 Firefighters; expand membership eligibility; Firemen's Pension Fund................. SB 128 Franchise Fees and Conditions, Public Rights of Way and Revenue Implications; joint committee to study.................................................................................................. SR 544 Government Agencies; Regulatory Reform Act of 1998.......................................... SB 416 Grants; parks and recreational facilities; Heritage Fund proceeds ...................... SB 496 Highways; local ground transit services; contracts; election..................................HB 236 Historic Preservation Projects Strengthens Tax Base; study committee.............. SR 552 Historic Properties; assistance under a state preservation program; strengthen central business districts........................................................................................ SB 446 Hospital Authorities; teaching hospitals; local funds contributed.......................HB 1222 Housing Authorities; prohibit loitering; loans to private entities.......................HB 1604 Law Enforcement; active or retired officers; carrying of firearms........................ SB 427 Law Enforcement Officers; mental health evaluations; disclosure ....................... SB 599 Law Enforcement Officers; psychological evaluations; disclosure .......................HB 1410 Local Assistance Grants; equitable distribution of funds; study of...................... SR 674 Local School Superintendents; provide for election of.............................................. SR 76 Metropolitan Area Planning and Development Commissions; membership ........ SB 556 Motor Vehicles; insurance to cover liability for damages......................................... SB 42 Motor Vehicles Purchased Public Funds; visible identifying markings................HB 624 Multijurisdictional Service Commissions; agreements between cities, counties..................................................................................................................... SR 564 Municipal Courts of Consolidated Governments; repeal provisions....................HB 1441 Municipal Courts Training Council; members; appointment method.................HB 1199 Municipal Election Code; merge provisions into general laws.............................. SB 630 Municipal Elections; notice of candidacy; change filing day.................................. SB 112 Municipal Elections; official state-wide poll watchers designation....................... SB 466 Municipal Law Enforcement Employment Study Committee................................ SR 633 Municipal Solid Waste Disposal; long-term reduction goals.................................... SB 98 Municipal Streets; establishment of truck routes................................................... SB 641 Municipalities; employees and member benefits; define dependent..................... SB 456 Municipalities Less Than 20,000; police officer compensation.............................. SB 585
Refer to numerical index for page numbers

2408

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued) Municipalities; noncompetitive acts against service providers.............................. SB 343 Municipalities; water or sewer systems; contract with private firms................... SB 318 OCGA Title 36; code revisions and modernizations .............................................HB 1228 Outdoor Lighting; advertising signs, luminairies; regulate use of........................ SB 329 Property Owners; transfer of development rights; procedures............................HB 1540 Property Tax Equity; local taxing jurisdictions; study committee ........................ SR 274 Property Taxes; equity in taxation; joint committee to study............................... SR 275 Public Employees Labor Relations Act; collective bargaining............................... SB 668 Public Employees; prohibitions against labor strikes...........................................HB 1373 Public Office; persons ineligible to hold; defaulting taxpayer ................................... SR 6 Public Officials; oath of office; unaccounted public moneys...................................HB 458 Public Safety Communication; dispatch center officer; TDD training..................HB 812 Public Works Contracts; withdrawal of bid without forfeiting bond...................HB 1666 Public Works Projects; contractors; prohibit employ illegal aliens ....................... SB 257 Records Management Practices; historical preservation; commend...................... SR 616 Recovery of Debts or Moneys Due; collection procedure........................................HB 674 Recreation Grants; revenues raised from Real Estate Transfer Tax.................... SR 532 Redevelopment Powers Law; financing projects; tax obligations.........................HB 1485 Regional Development Centers; for-profit corporations.......................................... SB 389 River Basin Management Planning; local advisory committees..........................HB 1592 Roads and Streets; traffic-control devices; uniform regulations............................ SB 706 Roads; surveying, right of way deed preparation; DOT contracts ......................HB 1747 Rock Quarry Operations; limit impact on underground water supply................. SB 679 Sales Tax for Education; proceeds distribution formula by local Act.................HB 1520 Sales Tax; local option for education; resolution to impose tax............................ SB 517 Sales Tax; special county 1%; expenditures for voting equipment .....................HB 1467 Sales Tax; unidentifiable proceeds; allocation of pro rata share.........................HB 1784 Speed Detection; radar use permits; employ certified peace officer .....................HB 190 State Government Services; create 12 delivery regions by counties...................HB 1650 Vehicle License, Registration Fees; prorations; amend Constitution.................... SR 132 Vehicles Purchased With Public Funds; identifying markings............................HB 1461 Volunteer Fire Departments Consolidating Into Nonprofit Corporation................ SB 30 Water, Public Systems; violations; noncompliance EPA orders............................. SB 486 Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager; return of certain fines paid.................................. SB 319 Water Resources Authorities; creation; powers; amend Constitution................... SR 545 Zoning Classifications; actions on annexed or deannexed property; notice requirements for certain facilities......................................................................... SB 600 Zoning; hearings on proposed decisions; signage on property............................... SB 521 Zoning Procedures; special use permits; final decision; ordinances...................... SB 573 Zoning; regulations governing land located drainage basins, streams................. SB 661
LOGAN, HUGH L.; designate highway interchange; Athens-Clarke County............. SR 9
LOITERING Housing Authority Premises; Non-resident Loitering Prohibited........................HB 1604 School Premises or Functions; disruptive conduct prohibited ............................... SB 406
LOMAX, WALTER P., JR., M.D.; honoring.................................................................. SR 764
Refer to numerical index for page numbers

INDEX

2409

LONG COUNTY; Surface Water Withdrawal; permits; coastal zone counties........ SB 415
LONG COUNTY HIGH SCHOOL LEADERSHIP PROGRAM; recognizing............ SR 686
LOTSON, THE REVEREND GRIFFIN; commend..................................................... SR 522
LOTTERY FOR EDUCATION ACT Funding High School Technology Education Programs.......................................... SB 462 Funds for Scholarships or Grants; eligibility of students completing Department of Children and Youth Services school......................................................................HB 939 Georgia Lottery Corporation; employee retirement membership option .............. SB 290 Georgia Lottery Corporation; officers, employees; retirement plan ......................HB 441 HOPE or PROMISE Grants, Scholarships; award amount; appropriations.......HB 1556 HOPE Scholarships, Grants; criteria to qualify; remedial courses....................... SB 430 Lottery Proceeds; appropriations; specify educational priorities........................... SR 529 Lottery Proceeds; specify purposes and programs may be expended.................HR 1002 Lottery Vendors; prohibit contributions to public officers...................................... SB 606 Proceeds from Ticket Sales; limit amount each county entitled........................... SB 333 Public Education Reform Act of 1997; funding from lottery revenue................... SB 387
LOVE, DAVIS, III; 1997 PGA Golf Champion; name segment of 1-95 to honor...HR 1097
LOWNDES COUNTY Board of Commissioners; regular meetings ...........................................................HB 1699 Valdosta, City of; expand corporate limits.............................................................HB 1835
LUMPKIN COUNTY Designate; Reverend Joseph Edward Grizzle Bridge at Yahoola Creek.............HR 1064 Magistrate Court; chief magistrate; annual salary...............................................HB 1833 Property Conveyance; sell tract in Blackburn State Park to County................... SR 581
M
MABRY, W. L. 'PUG'; honoring.................................................................................... SR 521
MACON, CITY OF Designate; Duane Allman Boulevard and Raymond Berry Oakley Bridge.......... SR 653 Macon-Bibb County Cherry Blossom Festival Officials; commend........................ SR 671 Macon-Bibb County Industrial Authority; projects; site development..................HB 710 Macon-Bibb County Joint Board of Health; repeal upon referendum; establish Bibb County Board of Health.......................................................................................HB 1849 Macon-Bibb County, Taste of Macon Day in Atlanta; welcoming......................... SR 556
MACON COUNTY; Board of Education; election districts......................................HB 1846
MADISON, CITY OF State Court of Morgan County; creation; locate in Madison................................. SB 674 State Court of Morgan County; creation; locate in Madison................................. SB 675
MADISON COUNTY Board of Commissioners; compensation.................................................................HB 1895 County Employees; eliminate mandatory retirement...........................................HB 1017 Salary Supplements; sheriff, superior court clerk, tax commissioner, probate court judge.......................................................................................................................HB 1842 Type of Governing Authority; questions to voters; referendum elections to determine preference...............................................................................................................HB 1794
Refer to numerical index for page numbers

2410

JOURNAL OF THE SENATE

MAGISTRATE COURTS Appeals to Superior or State Courts; bench trials; nonjury calendar ................HB 1186 Civil Actions Brought Against Judicial Officers; expenses; recovery..................HB 1730 Civil Claims; monetary jurisdiction; increase amount to $15,000 ........................ SB 325 Clerk of Court; selection; minimum compensation...............................................HB 1413 Judges; judicial assistance; senior judges; permanent assistance.......................HB 1642 Jurisdiction; citations for fire and other dangerous hazards................................. SB 608 Magistrates; election qualifying fees; percent of minimum salary......................HB 1202 Magistrates; training and certification; mentor program.....................................HB 1200
MALONE, JEANA; sang "Star Spangled Banner"...................................................... Page 1
MALPRACTICE (See Medical Malpractice or Physicians) Civil Actions; testimony by expert witnesses in same profession......................... SB 640 Liability Immunity; voluntary health care providers...........................................HB 1641
MANAGED CARE RESPONSIBILITY ACT OF 1997 ............................................... SB 211
MANASSAS, CITY OF; new charter..........................................................................HB 1525
MANDATES UPON STATE AND LOCAL GOVERNMENTS; Health Insurance Benefit Bills; prerequisite for introduction............................................................................ SB 207
MANUAL, TRAYVIS; commend.................................................................................... SR 506
MANUFACTURERS Beverage Container Requirements; refundable value for redemption.................. SB 191 Distribution of a Controlled Drug Requires Annual Registration......................... SB 208 Jobs Creation; income tax credit; extend carry forward period...........................HB 1596 Jobs Creation; increased product exports, port traffic; tax credit.......................HB 1667 Motor Vehicle Air Bags Disconnected or Turned Off by Vehicle Owner; immunity from civil liability for injuries ...............................................................................HB 978 Pharmaceuticals; wholesalers, distributors; revise laws regulating......................HB 330
MANUS, RAY, ROSWELL HIGH SCHOOL COACH; commend.............................. SR 788
MAPS, PLATS Georgia Coordinate System; Actions Against Land Surveyors for Errors, Omissions; time period.............................................................................................................HB 1154 Georgia Coordinate System; County Boundary Lines; petitions to change; procedures................................................................................................................ SB 380
MARIETTA, CITY OF Cobb County-Marietta Water Authority; membership; chairperson....................HB 1834 Property Conveyance; authorization to lease and convey land tract.................... SR 489
MARIJUANA; Felony Drug Conviction; prohibit license to carry a pistol.............. SB 350
MARION COUNTY Board of Education; change compensation.............................................................HB 1559 Designate; Dr. Deryl Hart Road, Georgia Highway 137 ........................................ SR 490 Superior Court; judges; county salary supplement................................................. SB 584
MARITIME TRADE CENTER; Hotel-Motel Excise Tax Levy for; conditions.........HB 706
MARKET BASED MEDICAID REFORM ACT........................................................... SB 260
Refer to numerical index for page numbers

INDEX

2411

MARRIAGE Adoption; who may adopt a child; define legally married couples........................ SB 434 Covenant Marriage Act; enact................................................................................... SB 440 Dependent; define family member legally entitled to support.............................. SB 457 Divorce; grounds; counseling; 'children first rule'................................................... SB 309 License Application; documentation required of non U.S. citizens........................ SB 577 Licenses; issuance by probate court at satellite courthouse annex ....................HB 1413 Licenses; legal entry documentation required of non U.S. citizens....................... SB 578 Marriage Ceremonies; state, federal court judges may perform...........................HB 249 Municipal Employee Benefits; define dependent family members........................ SB 456
MARRIAGE AND FAMILY THERAPISTS (See Professions or Therapists)
MARTA Board of Directors; terms; appointments; spouses ineligible................................. SB 315 Contracts; awards; competitive bidding; informal procedures.............................HB 1094 Public Transit Buses, Rapid Rail Cars, Stations; prohibited conduct.................. SB 444 Reserve Funds; authorize additional investments ................................................HB 1219
MASON, JOAN; Director, Red Cross, Americus; introduced, remarks................. Page 949
MASSAGE THERAPISTS, MASSEURS; create state licensing board..................... SB 300
MASTECTOMY Breast Cancer Patient Care Act; coverage of hospital inpatient stay.................. SB 431 Health Insurance Coverage; mastectomy surgery, breast reconstruction ............ SB 528 Mastectomy Patient Care Act; health insurers required coverage.......................... SB 54
MATTINGLY, MACK; former U.S. Senator; name 1-95 Glynn County to honor.... SR 648
MAYFIELD, CURTIS; songwriter and guitarist; honoring........................................ SR 484
MCALISTER, ROBERT; commend............................................................................... SR 805
MCBRAYER, LAUREN; commend................................................................................ SR 626 MCCLINTON, EMORY C.; elected member of State Transportation Board.......... Page 63
MCCOY, CHRIS; Heisman Trophy candidate; introduced, remarks.....................Page 900
MCCOY, FRANK, JR.; commend.................................................................................. SR 551
MCDONALD, LAUREN 'BUBBA; Designate Parkway to honor; Jackson County.........................................................................................................HR 1054
MCDONALD, THE LATE CONGRESSMAN LARRY; gratitude for......................HR 1350
MCDUFFIE COUNTY; Property Conveyance; easement to Georgia Power............ SR 530
MCINTOSH COUNTY Board of Education; per diem compensation.........................................................HB 1884 Designate; Davis Love III Highway; segment of 1-95...........................................HR 1097 Surface Water Withdrawal; permits; coastal zone counties................................... SB 415
MCKINNEY, HONORABLE CYNTHIA AND SISTER TO SISTER DAY Commend.....................................................................................................................SR 578
MCKISSICK, CHASE; commend.................................................................................. SR 503
MECHANICS AND MATERIALMEN'S; Property Liens; voiding of record ............ SB 508
Refer to numerical index for page numbers

2412

JOURNAL OF THE SENATE

MEDICAID (Also See Public Assistance) Assisted Living Facilities; licensing; Medicaid payment waivers ..........................HB 287 Enrollment of Recipients in HMO plans; improper marketing...........................HB 1408 Health Care for Children in Families Below Federal Poverty Income Level; PeachCare for Kids Program ................................................................................. SB 410 Market Based Reform Act; patient incentives; reduce costs.................................. SB 260 Patients; prescription drugs; change prior approval, restrictions ......................... SB 139 Providers Committing Certain Offenses; bar to participation................................. SB 44 Providers; dispute of reimbursement for services; hearings ................................HB 1387 Recipients; enrollment in HMOs; marketing contracts.......................................... SB 390 Reimbursement; clinical social workers for nursing homes................................... SB 308 Reimbursement; independent diagnostic radiology services .................................. SB 238 Study Committee on Appropriate Medicaid Reform............................................... SR 371
MEDICAL CARE SAVINGS ACCOUNT AND TRUST ACT..................................... SB 163
MEDICAL CARE SAVINGS ACCOUNT AND TRUST ACT..................................... SB 279
MEDICAL CONSENT LAW Abortion, Sterilization Procedures; Woman's Right to Know Act.......................... SB 216 Abortion; Woman's Informed Consent Act............................................................... SB 699 Abortion; Woman's Right to Know Act..................................................................... SB 153 Adults Unable to Consent; temporary health care placement decisions.............. SB 549 Attempted Suicide; emergency nonconsensual medical treatment.......................... SB 36
MEDICAL EDUCATION Consolidated Board for Primary Care Medical Education; create ........................ SB 391 Graduate Fellowships in Geriatrics; encourage creation........................................ SR 587 Hospital Authorities; teaching hospitals; local funds contributed.......................HB 1222 Physician Workforce Needs; state board develop training programs.................... SB 533
MEDICAL EXAMINERS, CORONERS, AUTOPSIES (Also See Public Officers) Coroners; compensation; duties at state correctional institutions ......................HB 1413 Investigation of Child Deaths; duty of medical examiner...................................... SB 464 Investigation of Child Deaths; duty of medical examiner...................................... SB 473
MEDICAL PRACTICE (Also See Physicians or Name of Specialty or Professions) Abortion; physician must provide female certain medical facts............................ SB 153 Abortion; prohibited procedure; partial-birth abortion method............................. SB 123 Abortion, Sterilization Procedures; Woman's Right to Know Act.......................... SB 216 Abortion; unlawful procedure; partial-birth abortion method................................ SB 348 Abortion; Woman's Informed Consent Act............................................................... SB 699 Acupuncturists; licensure; registration of non-physicians........................................ SB 65 Anesthesiology Staff, Nurse Anethetists; sedation of dental patients................HB 1158 Cancer Therapy; clinical trials; children's insurance coverage.............................. SB 603 Children and Teachers Right to Safe School Health Act....................................... SB 547 Chiropractors; license renewal; continuing education requirements...................HB 1435 Chiropractors; voluntary health care services; liability exemption.....................HB 1641 Clinical Laboratories; human specimen examination; test accuracy.................... SB 560 Dentistry, State Board of; membership; practicing dental hygienist..................HB 1491 Drugs Used for Adverse Reaction to Vaccines; authority to possess...................... SB 20 Emergency Medical Technicians; study creating state pension system................ SR 681 Emergency Nonconsensual Medical Treatment for Attempted Suicide.................. SB 36
Refer to numerical index for page numbers

INDEX

2413

MEDICAL PRACTICE (Continued) Emergency Physicians; pre-hospital care report; defibrillation............................. SB 566 Essential Rural Health Care Provider Access Act.................................................. SB 594 Facial Covering for Medical Treatment; exception to prohibition......................... SB 428 Georgia Academy of Family Physicians; congratulate............................................ SR 657 Health Care Services for Medicaid Recipients; co-payment program................... SB 527 Health Care Services; insurance claims; payment directly to provider................ SB 526 Health Professional Shortage Areas; federally funded clinics; urge Congress prohibit noncompete clauses................................................................................................. SR 692 Hospital Staff Privileges; podiatrists, osteopaths, dentists.................................... SB 138 Incapacitated Adult Temporarily Out of State; emergency evaluation................... SB 37 Industrial Hygienist for the Workplace Environment; qualifications................... SB 482 Insurance; health; managed care plans; denial of treatment................................ SB 667 Insurance; health; Managed Care Responsibility Act of 1997............................... SB 211 Insurers; health; prompt payment of claims ........................................................... SB 658 Medicaid Health Providers; medical assistance copayment program ................... SB 260 Medicaid Patients; change restrictions on prescription drugs............................... SB 139 Medicaid Providers Committing Certain Offenses; bar participation..................... SB 44 Medicaid Providers; fraud; property seizure; unintentional errors.....................HB 1440 Medicaid Providers; payment denied; administrative hearings...........................HB 1387 Medical Care Savings Account and Trust for Long-term Care Needs ................. SB 163 Medical Care Savings Accounts for Health Care Expenditures............................ SB 279 Medical Doctors; denial of hospital staff privileges..............................................HB 1156 Medical Education Fellowships in Geriatrics; encourage creation........................ SR 587 Medical or Surgical Treatment; refusal to accept; living wills.............................. SB 478 Medical Practitioners; licensing, discipline by independent agency......................HB 932 Mental Disorders; prohibit health insurers impose treatment limits................... SB 245 Mental Health Providers; Medicaid adolescent behavioral services ...................HB 1179 Morbid Obesity Anti-discrimination Act; health insurance coverage.................... SB 490 Morbid Obesity Surgical Intervention; health insurance coverage....................... SB 648 Optometry, Doctor of; change definitions relating to practice............................... SB 408 Pain Management for Terminally 111 Patients; Advisory Committee.................... SB 670 Patient Medical Treatment Under HMO Plans; time period to receive...............HB 106 Pharmaceuticals; dispensing of drugs; licensing of pharmacists, interns; Georgia Pharmacy Practice Act...........................................................................................HB 330 Physical Therapists; voluntary health care services; exemption.........................HB 1641 Physician Workforce, Georgia Board for; creation .................................................. SB 533 Physician's Assistants; training within or outside the U.S.................................... SB 662 Physicians; unconventional or experimental medical practices............................. SB 307 Psychologists; licenses to persons licensed other state; board investigations of complaints................................................................................................................HB 274 Radiology; independent diagnostic services; Medicaid enrollment........................ SB 238 Records Sought in Civil Actions from a Nonparty Practitioner............................HB 395 Rural Health Care; promote availability of primary care services.....................HB 1798 Rural Hospitals; closings; economic pressures; committee to study..................... SR 841 Surgery Performed Under Anesthesia; inpatient care; insurance......................... SB 589 Surgical Procedures; length of inpatient care; physician determines................... SB 330 Treatment of Boating Accident Victims; notify law enforcement........................HB 1394
Refer to numerical index for page numbers

2414

JOURNAL OF THE SENATE

MEDICAL PRACTICE (Continued) Voluntary Health Care Providers; liability immunity ......................,...................HB 1641 Welfare and Health Care Reforms; committee to study impact............................ SR 395 Women; disparities in public health policies; committee to study........................ SR 543 Women's Health Care Issues Study Committee...................................................... SR 340 Women's Right to Health Care; mastectomies; breast reconstruction.................. SB 528 Workers' Compensation; erroneous billing for covered treatment......................... SB 384 Workers' Compensation; panel of treating physicians..........................................HB 1327
MENTAL HEALTH Adolescents; Behavioral Health Care; use of state funds by Medicaid..............HB 1179 Brook Run Mental Health Facility; commend; urge continued funding...............HR 298 Children Placed State Custody; Juvenile Court ordered child support................ SB 334 Clinical Social Workers; Medicaid enrollment and reimbursement...................... SB 308 Community Mental Health Services; define service area boundaries .................. SB 317 DHR Mental Health Hospitals, Regional Boards; terminated personnel............. SB 360 Emergency Receiving Facilities; involuntary treatment evaluations...................... SB 99 Employees of Community Boards, State Agencies; licensing exception .................HB 96 Guardians of Incapacitated Adults; protection orders; appeals............................. SB 582 Guardianships; incapacitated adults; evaluation of a proposed ward .................. SB 179 Guardianships of Incapacitated Adults; protection of ward's rights..................... SB 181 Health Insurance Coverage; prohibit impose treatment limits............................. SB 245 Health Insurance Coverage; treatment of mental disorders.................................. SB 620 Incapacitated Adults; emergency guardians; out of state evaluation..................... SB 37 Incapacitated Adults; temporary health care placement decisions....................... SB 549 Law Enforcement Officers; evaluation; fitness for duty; disclosure...................... SB 599 Law Enforcement Officers; psychological evaluations; disclosure .......................HB 1410 Mental Health Institute; Briarcliff Road, DeKalb County; sale of....................... SR 635 Mentally Retarded Children; education services; legal actions...........................HB 1183 Physically, Mentally Impaired Vulnerable Adults; cases of abuse........................ SB 159 Respite Care for Mentally Retarded Persons; revise certain terms......................HB 287 Service Delivery; community boards; repeal automatic repealer ........................HB 1131 Sexually Violent Predators Likely to Engage Repeat Acts; commitment............. SB 413 Suicide Prevention Programs; supporting development and initiatives............... SR 585
MERIT SYSTEM Employees; performance based salary increases; periodic review......................... SB 698 Employment Eligibility; Military Selective Service registration ...........................HB 946 Personnel; adverse actions; appeals; State Administrative Hearings.................HB 1423 Personnel; DHR Division of Mental Health; employee terminations.................... SB 360
MERIWETHER COUNTY Board of Education; per diem for members...........................................................HB 1181 Probate Court; judge also serve as Chief Magistrate...........................................HB 1914 Superior Court; judges; salary supplement.............................................................. SB 677
METROPOLITAN AREA PLANNING AND DEVELOPMENT (See Development Authorities or Authorities)
METROPOLITAN RIVER PROTECTION ACT; stream corridors, drainage basins........................................................................................................................... SB 661
METTER-CANDLER COUNTY AIRPORT AUTHORITY; terms of members.......HB 1756
Refer to numerical index for page numbers

INDEX

2415

MICHIALS, HOLLY; naming Memorial Bridge in Cobb County............................HR 1106
MIGHTY EIGHTH AIR FORCE HERITAGE MUSEUM; commend........................ SR 670
MILES, SERGEANT J.D. 'EDDIE'; honorary naming of bridge; Bacon County...HR 1342
MILITARY AFFAIRS (Also See Veterans) Ad Valorem; exemption; vehicles owned by former POW's; referendum............HB 1145 Adoption Petitions; disclosure biological father's military service......................... SB 571 Designate; Veterans' Memorial Parkway; by-pass around Commerce ................HR 1054 Disaster Volunteers; paid leave; certain certified state employees.....................HB 1266 Employees Retirement; creditable service; military service; teachers employed by US Defense Department............................................................................................... SB 109 Georgia National Guard Future Mission Requirements Study Committee ......... SR 382 License Plates; special; retention by retired military reservists........................... SB 198 Military Selective Service Registration; state employment....................................HB 946 Military Status of a Child's Biological Father; disclosure by mother..................... SB 27 National Guard; active duty; workers' compensation; indemnification ................ SB 592 National Guard Members; service cancelable educational loans.........................HB 1516 National Guard Retirement Benefits; create a Military Pension Fund................ SB 168 National Guard Retirement Benefits; create a Military Pension Fund................ SB 322 OCGA Title 38; code revisions and modernizations .............................................HB 1228 POW/MIA, National League of Families Flag; public display............................... SB 426 Veterans Day, November 11; close public schools to honor veterans................... SB 519 Veterans' Funerals; National Guard personnel serve as honor guards................ SB 463 Veterans Memorial Plaza; designate for Commissioner Pete Wheeler................. SR 583 Veterans Memorial Plaza; designate for Commissioner Pete Wheeler .................HR 996 Veterans of Chosin Reservoir Campaign in North Korea and WWII Eighth Air Force; special license plates to honor............................................................................... SB 518
MILK PRICES; create a Southern Daily Compact Commission to regulate........... SB 420
MILLER, GERALD AND JOY; Barrow County Farm Family of Year..................... SR 465
MINES Rock Quarry Operations; prohibit vicinity of local water supply.......................... SB 679 Surface Mining; certain borrow pits not regulated.................................................HB 844
MINORITIES Discrimination of or Preferential Treatment to Any Person Prohibited .............. SB 243 Insurance Rates; classification based on postal ZIP code prohibited.................... SB 507 Insurers; discriminatory practices against communities prohibited....................... SB 45 Public School Language Instruction; prohibit teaching of Ebonics......................... SB 51
MINORS Adopted Children; health insurance coverage; effective date................................ SB 665 Adoption; who may adopt a child; define legally married couples........................ SB 434 Adoptions; placement following termination of parental rights .............................. SB 27 Adoptions; special needs children; financial aid to families.................................... SB 24 Alcoholic Beverage Licensees; sales to underage persons; penalties .................... SB 266 Alcoholic Beverages Consumed on Premises; admission prohibited ..................... SB 378 Alcoholic Beverages; possession by person under age 21; punishment................ SB 206 Alcoholic Beverages; violations; purchase or possession penalty...........................HB 908 Boating; operation restrictions; age limitation, supervision ................................HB 1394
Refer to numerical index for page numbers

2416

JOURNAL OF THE SENATE

MINORS (Continued) Boating Safety Violations; 0-tolerance for use of alcohol or drugs .....................HB 1393 Boxing, Professional Matches; admittance, participation restrictions ..................HB 396 Child Abuse; death investigations when in custodial care; Statewide Prevention Panel, Protocol Committees.................................................................................... SB 473 Child Abuse, Neglect, Delinquency Issues; training for judges............................... SB 75 Child Care Facilities; shopping malls, office complexes; licensure........................ SB 222 Child Custody; committee to study Presumption of Joint Legal and Physical Custody and Shared Parenting............................................................................................. SR 233 Child Custody; decisions from court given expedited consideration....................... SB 73 Child Custody Disputes Alleging Abuse; juvenile court jurisdiction ...................... SB 74 Child Custody; evidence of abuse; supervised parental visitation.......................... SB 71 Child Custody; joint legal and physical custody parenting plan........................... SB 187 Child Custody; parenting time rights; presumption of equal access .................... SB 188 Child Custody Study Committee; create.................................................................. SR 321 Child Day Care Facilities; health, safety laws; repeat violations......................... SB 202 Child Fatalities; investigations; duty of medical examiner.................................... SB 464 Child Molesters; parole conditions; hormonal chemical treatment ...........................SB 5 Child Sexual or Physical Abuse Cases; admissible evidence................................. SB 459 Child Support; orders; life insurance; amount of the premium ............................ SB 231 Child Support Recovery Registry; employer reports of persons hired................HB 1307 Children First Rule; consideration in custody, support, alimony.......................... SB 309 Children's Health Insurance; support private market initiatives......................... SR 525 Computer Materials Deemed Pornographic or Obscene; advertising electronic address or access code; prohibitions.................................................................................... SB 312 Crimes Against Children; child molestation; indecent acts involving touching penalties...................................................................................................................HB 957 Crimes Against Children; offenses of family violence; penalties........................... SB 510 Crimes Against Children; persons convicted not eligible for parole..................... SB 470 Crimes Against Children; rape or aggravated sodomy; punishment....................HB 801 Crimes Against Children; supervision of offenders on probation.......................... SB 467 Driver Education; high school curriculum credit....................................................HB 409 Driver Education in Public Schools as a Prescribed Course ................................. SB 588 Driver Training; curriculum credits; local school grants........................................ SB 445 Driver Training; instructors in secondary schools; qualifications.......................HB 1299 Driver's Education to Improve Young Drivers; committee to study........................ SR 17 Driver's License; allow apply driving record from another state.......................... SB 492 Driver's License; eligibility; private or home school enrollment........................... SB 602 Driver's License; new provisional Class D License; restrictions............................. SB 17 Driver's License; persons under age 18; require driver education........................ SB 241 Driver's License; persons who became age 15 prior 7-1-97 ................................... SB 493 Driver's License; previous driving record; limited driving permit........................ SB 503 Driver's License; 16 year olds; learner's permit requirements.............................. SB 403 Drug Paraphernalia or Syringes; items marketed to resemble; prohibit sale to minors........................................................................................................................... SB 6 Drug Use Among Teenagers; Random Student Drug Testing Study Committee.... SR 5 Drugs; controlled stimulant drugs; unlawful purchase, possession ...................... SB 208 DUI; violations; drivers under age 21 .02 grams or more; testing......................... SB 66
Refer to numerical index for page numbers

INDEX

2417

MINORS (Continued) Educational Grants; tuition assistance to attend private school........................... SB 259 False ID Documents; unlawful possession; increased penalty to sell................... SB 199 Firearms; accessible loaded firearms; accidental shootings ................................... SB 190 Foster Care Home Parents, Other Residents; criminal records check.................. SB 244 Georgia Youth Legislature; create............................................................................. SR 162 Georgia Youthbuild Employment Skills Training Program; establish.................... SB 68 Grandparent Visitation Rights; filing an original action....................................... SB 631 Guardians, Appointed Temporary; continuation or dissolution............................. SB 180 Health Care Coverage for the Uninsured; PeachCare for Kids Program............. SB 410 Health Insurance Coverage; patient care costs for cancer therapy...................... SB 603 Health Services; family-planning services prohibited............................................. SB 575 Inheritance; guardians of minor child; Revised Probate Code of 1998...............HB 1226 Judicial Findings; reasons requiring removal of child from home; efforts to reunify family; permanency plans ....................................................................................HB 1585 Juvenile Court; jurisdiction when child placed state custody................................ SB 334 Juvenile Proceedings; appointment of a child's guardian ad litem;....................HB 1288 Juvenile Proceedings; orders for counseling; custody granted to relative to Age 18; periodic reports........................................................................................................ SB 660 Juveniles Age 17 Who Refuse Discipline or Threaten Family Violence; petitions to end parent-child relationship................................................................................. SB 385 Juveniles Felons Age 10 to 16; training camps to rehabilitate............................... SB 18 Juveniles on Probation; require school attendance, passing grades ..................... SB 106 Libraries; school and public; restrict harmful materials to minors........................ SB 40 Malicious Damage to Another's Property; parent, guardian liability..................... SB 89 Mental Health; adolescent behavioral health care; Medicaid services ...............HB 1179 Moneys Arising in Settlement of Tort Cases with no Legal Guardian................ SB 655 Motorcycle Driver's Licenses; operator safety training; headgear........................... SB 86 Motorcycles; operator licensing; training and headgear requirements................. SB 682 Newborn Children; content of audio recordings provided by State ...................... SB 468 Parent and Child Relationship; gestational surrogacy contracts .......................... SB 451 Parenting Education in Home Economics Course; grades seven or eight.............. SB 41 Parents Subjecting Child to Abandonment, Torture, Chronic Abuse and Sexual Abuse; termination of parental rights .............................................................................HB 1585 PeachCare for Kids Act; health care program for certain children...................... SB 410 Pistols or Revolvers; accidents among children; criminal negligence of parent or guardian; gun safety training................................................................................ SB 407 Public Colleges and Universities; uniform student admission system ................. SB 632 School Attendance; mandatory age; change from age 16 to 17 years .................. SB 106 School Choice Vouchers; create joint committee to study........................................ SR 21 School Choice Vouchers; create Senate Committee to study................................... SR 22 School Discipline; standards for expulsion; alternative placement....................... SB 614 School Health Care; liability of teachers and school personnel............................ SR 677 Sex Education Courses; consequences of parenthood; child support ..................HB 1654 Sexually Explicit Material; minors not allowed premises where sold..................SB 669 Solicitation by Others to Perform Acts of Prostitution Prohibited ....................... SB 158 Stalking; protection for minors; restraining orders to protect.............................HB 1639 Student Code of Conduct; acts punishable by expulsion, suspension..................... SB 92 Students Suspended or Expelled May Be Placed Alternative Classroom ............ SB 129
Refer to numerical index for page numbers

2418

JOURNAL OF THE SENATE

MISDEMEANOR OFFENSES (Also See Crimes or Sentence and Punishment) Furnishing Alcoholic Beverages to Underage Persons; punishment .....................HB 908 Municipal Courts of Unified Governments; repeal certain provisions................HB 1441 Theft by Shoplifting; property value defines misdemeanor or felony .................HB 1392 Trial Jurors in Misdemeanor Cases; number of peremptory challenges.............. SB 114 Trial Jurors; number of peremptory challenges allowed........................................ SB 690
MITCHELL-BAKER HIGH SCHOOL BASKETBALL TEAM; commend................. SR 771
MITCHELL, JAMES HARLEY; condolences upon the passing................................ SR 791
MOBILE HOMES (See Buildings and Housing)
MONKEYS Capuchin Monkeys; repeal provisions relating to disabled persons......................HB 714 Capuchin Monkeys; right of physically disabled persons to use...........................HB 351
MONROE COUNTY; Coroner; salary; cost-of-living increase .................................HB 1861
MONTICELLO, CITY OF; change corporate limits.................................................HB 1909
MOODY, WAYMON; in remembrance of..................................................................... SR 746
MOONEY, MARY-CATHRYN; commend..................................................................... SR 693
MORGAN COUNTY Magistrate Court; Chief Magistrate; nonpartisan elections................................... SB 672 Probate Court; judge; nonpartisan elections............................................................ SB 673 State Court of Morgan County; creation; jurisdiction, powers.............................. SB 674 State Court of Morgan County; creation; locate in Madison................................. SB 675 Superior Court; Ocmulgee Judicial Circuit; additional judge.................................. SB 77
MORTGAGES (Also See Property or Banking or Real Estate) Banks; change numerous provisions; brokers and lender licenses .....................HB 1354 Broker Licensing; out-of-state brokers; physical place of business .....................HB 1496 Lenders; escrow agreement; homeowners' insurance premium; liability..............HB 478 Secured Transactions; debt paid in full; proper cancellation ..............................HB 1144
MOTOR FUEL AND ROAD TAX Excise Taxes; exemption; motor fuel for vehicle used in agriculture .................HB 1175 Urge Congress Eliminate on Low Sulphur Fuels to Achieve Cleaner Air........... SR 591
MOTOR SPORT ROAD RACE TRACKS; Alcoholic Beverage sales on Sunday..... SB 537
MOTOR VEHICLES AND TRAFFIC Abandoned; duty of persons removing; liens; disposition of fines......................... SB 249 Ad Valorem; exemption; vehicles owned by former POW's; referendum ............HB 1145 Ad Valorem; motor vehicle taxes; expand disabled veteran exemption................ SB 489 Ad Valorem Taxation of Heavy-duty Equipment Vehicles; procedures...............HB 1324 Air Bags Disabled by Owner; injuries caused by failure to deploy......................HB 978 Air Quality Goals; vehicle travel demand and emission results .........................HR 1100 Alcoholic Beverages; open containers; passengers prohibited possess.................. SB 203 Approach of Emergency Vehicles; not yielding right of way; arrests.................... SB 516 Car Theft; use of threat or force against intruder to prevent entry.................... SB 476 Certificate of Title; joint interest in vehicle with survivorship.............................!!!} 387 Certificate of Title; salvaged or rebuilt vehicles; designation................................ SB 302 Certificate of Titles; vehicle title pawn transactions; regulation.......................... SB 239 Driver Education for Young Drivers; public school prescribed course.................. SB 588
Refer to numerical index for page numbers

INDEX

2419

MOTOR VEHICLES AND TRAFFIC (Continued) Driver Education; high school curriculum credit; grants to support ....................HB 409 Driver Education; local school system grants; curriculum credits........................ SB 445 Driver Safety; outdoor lighting applications which impair vision......................... SB 329 Driver Safety Upon Highways and Interstates; committee to study..................HR 1066 Driver's Education to Improve Young Drivers; committee to study........................ SR 17 Driver's License; applicant fingerprinting; delete requirements ........................... SB 164 Driver's License; change certain restriction as to birth date ................................ SB 493 Driver's License; drivers under age 18; educational requirements......................... SB 38 Driver's License; drivers 16 years old; provisional Class D license........................ SB 17 Driver's License; eligibility; proof of school enrollment.......................................... SB 602 Driver's License; fingerprinting of applicants; religious exemption...................... SB 439 Driver's License, ID Cards; fingerprint records; repeal requirement....................... SB 2 Driver's License; limited driving permits for certain offenders............................. SB 503 Driver's License or Permits; replacement of original; fingerprints .........................HB 62 Driver's License; persons age 16; driving record from another state................... SB 492 Driver's License; persons age 16; meeting eligibility requirements...................... SB 403 Driver's License; persons under age 18; require driver education........................ SB 241 Driver's License; placement of red stripe or words "CONVICTED DUI"............... SB 82 Driver's License; points assessed; alcoholic beverage open container................... SB 203 Driver's License; prerequisite restrictions not apply persons age 16 issued license by another state............................................................................................................ SB 536 Driver's License; records; courts sending conviction reports ................................. SB 616 Driver's License; revocation; unlawfully transporting a firearm........................... SB 443 Driver's License; speed limit offenses; limited driving permits............................. SB 495 Driver's License; suspension; driver not paying for gasoline...............................HB 1578 Driver's License; suspension; habitual violation point counts............................... SB 705 Driver's License; suspension; reports of student misconduct, school absenteeism or drop-out.................................................................................................................... SB 678 DUI; additional assessment for Brain and Spinal Injury Trust Fund................. SB 110 DUI; additional penalties for Brain and Spinal Injury Trust Fund..................... SR 144 DUI Alcohol or Drugs; testing of suspect; implied consent law............................ SB 659 DUI; commission to study drunken driving safety issues...................................... SR 680 DUI Convictions; licenses to bear red stripe or identifying words......................... SB 82 DUI; eliminate plea of nolo contendere to charge of driving DUI.......................... SB 61 DUI; nonresident offender; increase fine in lieu community service...................... SB 31 DUI Suspects; chemical tests; legality of implied consent notices......................HB 1378 DUI; violations; drivers under age 18; license suspended 12 months.................... SB 88 DUI; violations; drivers under age 21 .02 grams or more; testing......................... SB 66 DUI; 0-tolerance for drivers under age 21; no nolo contendere plea...................... SB 17 Emergency Reflectors for Disabled Vehicles; requirements ................................... SB 394 Emission Standards; Alternative Fueled Vehicles; license plates ......................... SB 554 Equipment; windows or windshields; prohibit affix certain material................... SB 568 Governmental Entities; motor vehicles; visible identifying markings ..................HB 624 Identification, ID Cards; forgery offenses; increased penalties ............................. SB 199 Insurance Companies; coverage of claims against uninsured motorists .............. SB 436 Insurance; motor vehicle; prohibit surcharge when no prior claims..................... SB 361 Insurance Policies; grounds for cancellation; committee to study......................... SR 273
Refer to numerical index for page numbers

2420

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued) Insurance; premium discount for automobile security alarm systems................. SB 696 Insurance; private passenger automobiles; medical payments coverage.............. SB 224 Insurance to Cover Liability for Damages; government owned vehicles................ SB 42 Insurance; uninsured motorist coverage; claims; restrict setoffs ........................HB 1240 Insurance; uninsured motorist coverage enforcement; insurer reports ..............HB 1620 Insurance; uninsured motorists; recoverable damages; court costs; subrogation rights of insurers................................................................................................................ SB 635 Insurance; uninsured operators; recoverable damages; court costs ...................... SB 650 Insurance; vehicles operated without consent of insured; uninsured................... SB 364 License and Registration Fees; prorations; amend Constitution........................... SR 132 License Plates, Decals; issue to owners; transfers between vehicles.................... SB 115 License Plates; display on front and rear of vehicles............................................. SB 363 License Plates; special; change dimensions of certain plates................................ SB 471 License Plates; special; Civil War historic sites program...................................... SB 178 License Plates; special; Give Children A Chance; designate proceeds ................. SB 487 License Plates; special; honoring Veterans; Chosin Reservoir Campaign in North Korea; Eighth Air Force during WWII................................................................. SB 518 License Plates; special; ILEV/Inherently Low-emission Vehicles.......................... SB 554 License Plates; special; promote recycling; solid waste trust fund......................... SB 63 License Plates; special; retention by retired military reservists........................... SB 198 License Plates; special; Shrine Hospitals; Civil War Historic Sites......................HB 110 License Plates; special; U.S. Disabled Athletes Fund; renewal...........................HB 1538 License Plates; special; wildflowers; dedicate fees to special fund ....................... SR 559 License Plates; special; wildflowers; roadside beautification funds ...................... SB 337 Licensing and Registration; Plates, Decals, Titles, Liens ....................................HB 1430 Limousine Carriers; qualifications; temporary permits; safety............................. SB 310 Low-emission, 'Clean Fuel' Vehicles; grant income tax credit.............................HB 1596 Low-emission Vehicles Not Using Petroleum Based Fuel; tax credits................HB 1161 Motor Carriers; commercial vehicle enforcement; transfer functions to Public Safety Department from PSC............................................................................................ SB 553 Motor Fuel Excise Tax; exemption; agricultural field use vehicles.....................HB 1175 Motor Fuel Tax on Low Sulphur Fuels; urge reduce to encourage use............... SR 591 Motor Vehicle Repairs; unlawful practices; customer protections......................... SB 225 Motorcycle Operators; safety training; age required to wear headgear ................. SB 86 Motorcycles; operator licensing requirements; headgear exception....................... SB 682 OCGA Title 40; code revisions and modernizations .............................................HB 1228 Radar Speed Detection Devices; regulate use; permit conditions .........................HB 190 Registration and Taxation; committee to study simplify methods........................ SR 272 Registration and Taxation; joint committee to study methods.............................. SR 271 Registration and Title Records; release to businesses for marketing................... SB 622 Registration Period; calendar month in which birthday occurs ............................ SB 601 Rental Motor Vehicle Agreements; collision damage waivers................................ SB 167 Rental Vehicle Charges; excise tax accounting; deduct bad debts......................HB 1582 Safe Drivers' Awareness Day; declaring................................................................... SR 669 Salvage Vehicles Recovered by Insurers; tag, title, registration .........................HB 1430 School Buses; equipment requirements; passenger seat belts............................... SB 293 Seat Safety Belts; failure to wear fines; no additional penalty ..........................HB 1169 Seat Safety Belts in Passenger Vehicles; requirements; exemption...................... SB 591
Refer to numerical index for page numbers

INDEX

2421

MOTOR VEHICLES AND TRAFFIC (Continued) Secured Transactions; default in payment; repossession of vehicle...................... SB 624 Speed Limit Offenses; assessable points; limited driving permits........................ SB 495 Speed Restrictions; maximum lawful speeds for six wheel trucks ....................... SB 505 Taxicab Self-insurers; asset requirements; extend exception...............................HB 1448 Title Pawn Transactions; loans; excessive interest, fees; liens.............................. SB 239 Traffic-control Devices; signs and signals; uniform regulations............................ SB 706 Truck Tractor-semitrailers; change maximum length certain roadways.............. SB 272 Trucks Using Multi-lane Highways; operate in most right-hand lane................. SB 504 Trucks; weight and load limitations; designated local routes; signs ..................HB 1470 Use of Threat or Force in Defense of Self or Personal Property.........................HB 1360 Used Motor Vehicle Dealers; certain disclosures to purchasers............................ SB 196 Used Motor Vehicles; dealer required notify buyer prior use of ...........................SB 530 Used Motor Vehicles; offering for sale without title prohibited ............................SB 692 Used Vehicles Offered for Sale; title and registration requirement....................HB 1683 Vehicle Emission Standards; ozone compliance; enforcement..............................HB 1707 Vehicle Owner Registration; prohibit without liability insurance......................... SB 538 Vehicle Rental Companies; false advertising of rental rates................................. SB 621 Vehicles Purchased With Public Funds; identifying markings............................HB 1461
MOTORCYCLES Insurance; nonrenewal, surcharge; no claims by insured past 5 years................ SB 361 Insurance Policies; grounds for cancellation; committee to study......................... SR 273 Motorcycle Awareness and You Month; recognizing............................................... SR 368 Operator Licensing; safety training; change headgear requirements................... SB 682 Operator Licensure; safety training; age required to wear headgear..................... SB 86 Salvage Laws; exemption for motorcycles over 25 years old...............................HB 1430
MOWRER, CATHY; McDuffie County Teacher of Year; commend........................... SR 725
MUNICIPALITIES (Also See Local Government) Alcoholic Beverages; permitting, licensing retail sales; locations ......................... SB 111 Annexation; effective date; zoning; land classification objections .......................HB 1603 Annexation of Commercial Property; proposed Acts of General Assembly.......... SB 251 Authorities; registration process; reporting names of members..........................HB 1557 Bond Elections; date of November general election; exception.............................. SB 256 Building Permit Forms; printed text; property subject lien laws........................HB 1337 Cities of 300,000 or More; services by judges pro hac vice .................................HB 1238 Cities or Counties; employee insurance and benefits; extend only to spouses and dependent children.................................................................................................. SB 435 Compensation from Fines, Forfeitures for Role in Prosecuting Cases.................. SB 607 Computer Software Failure; processing Year 2000 dates; no liability.................. SB 638 Contracts; bid procedures; buildings constructed for lease to state agencies; vendors and multiyear contracts............................................................................................HB 32 Contracts; competitive bidding procedures; multiyear contracts.............................HB 32 Contracts for Private Toll Roads, Bridges, Highway Approaches .......................HB 1486 Contracts; Public Works; bids; requirements; emergency situations .................... SB 229 Correctional Officers; peace officer training certification.......................................HB 791 Disability Commissions; establish to meet needs of the disabled......................... SB 383 Election Qualifying Fees for Certain Municipal Offices.......................................HB 1202
Refer to numerical index for page numbers

2422

JOURNAL OF THE SENATE

MUNICIPALITIES (Continued) Elections; notice of candidacy; change filing day.................................................... SB 112 Elections; official state-wide poll watchers; designation......................................... SB 466 Elections, Primaries; merge provisions into general Election Code...................... SB 630 Elections; voting by absentee ballot without giving reason...................................HB 543 Elections; write-in candidates; notice of intent filing deadline ............................. SB 532 Franchise Fees and Conditions, Public Rights of Way and Revenue Implications; joint committee to study.................................................................................................. SR 544 Governing Authorities; employees, members; dependent benefits ........................ SB 456 Hospital Authorities Law; substantially revise provisions...................................HB 1101 Hospital Authority Operating Largest State Facility; membership...................... SB 580 Hotel-Motel Excise Tax; cap aggregate tax rates; guest charges..........................HB 609 Hotel-Motel Excise Tax; International-Maritime Trade Center; museums ..........HB 706 Hotel-Motel Excise Tax; levy for multipurpose stadium; extend date................HB 1631 Jail Construction, Operation; additional penalties, fees to fund........................... SR 331 Law Enforcement Officers; study of compensation, work conditions.................... SR 633 Local Authorities; abuse of government office; property sales ............................HB 1542 Metropolitan Area Planning and Development Commissions; membership ........ SB 556 Motor Vehicles; insurance to cover liability for damages......................................... SB 42 Motor Vehicles Purchased Public Funds; visible identifying markings................HB 624 Multijurisdictional Service Commissions; cities, counties create .......................... SR 564 Municipal Courts; jurisdiction; offense of theft by shoplifting ............................HB 1206 Municipal Courts of Consolidated Governments; repeal provisions....................HB 1441 Municipal Courts Training Council; members; appointment...............................HB 1199 Municipal Employees; retirement; survivor benefits; beneficiary........................HB 1096 Municipal Street Systems; establishment of truck routes ..................................... SB 641 Officers; official oath of office; file with probate court...........................................HB 458 Police Officer's Compensation; negotiations; mediation procedures...................... SB 585 Public Employees; prohibitions against labor strikes ...........................................HB 1373 Recovery of Debts or Money Due; debt collection procedures ...............................HB 674 Redevelopment Powers Law; city business improvement districts .....................HB 1485 Roads and Streets; traffic-control devices; uniform regulations............................ SB 706 Roads, Bridges on State Highway Systems; procedure to name, rename............ SB 122 Roads; surveying, right of way deed preparation; DOT contracts ......................HB 1747 Sales Tax; local option for education; resolution to impose tax............................ SB 517 Sales Tax; local special purpose taxation; referendum elections........................... SB 264 Sales Tax; special county 1%; proceeds; audit report requirements...................HB 1433 Sales Tax; unidentifiable proceeds; allocation of pro rata share.........................HB 1784 Services; restrict noncompetitive acts against private providers.......................... SB 343 Solid Waste Management; long-term reduction goals............................................... SB 98 Streets, Bridges; vehicle weight, load limits; truck routes; signs .......................HB 1470 Utility Services; electric, natural gas or water; contracts....................................HB 1160 Volunteer Fire Departments Consolidating Into Nonprofit Corporation................ SB 30 Water or Sewer Systems; authorize contract private firm to operate.................. SB 318 Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager................................................................................... SB 319 Water Supply Source; restriction on rock quarry operations................................. SB 679 Zoning Classifications; actions on annexed or deannexed property; locating certain drug rehabilitation facilities................................................................................... SB 600
Refer to numerical index for page numbers

INDEX

2423

MUNICIPALITIES (Continued) Zoning or Rezoning; transfer of property development rights.............................HB 1540 Zoning Ordinances; uses and development standards of property........................ SB 573 Zoning, Rezoning Decisions; posting signs prior to hearing date ......................... SB 521
MURDER (Also See Crimes or Sentence) Crimes Committed While Wearing Bulletproof Body Armor; penalties ............... SB 425 Offense of Murder of a Certified Peace Officer; punishment................................. SB 570
MURRAY COUNTY Designate; C. W. Bradley Highway; Floyd Hulett-Monroe Steelman Memorial Bridge; Will Ross-Charlie Wilson Memorial Bridge........................................................HR 1101 Designate; Charles A. Pannell, Sr. Highway; Chatsworth...................................HR 1102 Designate; George W. Ross Highway in City of Eton............................................. SR 251 Designate; George W. Ross Highway in the City of Eton ......................................HR 215 Designate; Gerald H. Leonard Parkway; Murray County......................................HR 955
MUSCOGEE COUNTY; Property Conveyance; sewer easement; Columbus........... SR 530
MUSEUMS Historic Preservation Grant Program; creation; eligibility.................................... SB 446 Official designation; Ralph Mark Gilbert Civil Rights Museum........................... SB 366
MUSIC HALL OF FAME AUTHORITY; transfer function, Board of Community Affairs........................................................................................................................... SB 569
N
NATIONAL COUNCIL OF NEGRO WOMEN, INC. (NCNW); commend............... SR 576
NATIONAL GUARD Active State Service; workers' compensation; indemnification.............................. SB 592 Employees Retirement; creditable service; active military service ....................... SB 109 Georgia National Guard Future Mission Requirements Study Committee ......... SR 382 Members on Active Duty; honor guards for veterans' funerals............................. SB 463 Members; postsecondary educational service cancelable loans............................HB 1516 National Guard Day; declaring................................................................................. SR 555 Retirement Allowances, Benefits; create Military Pension Fund.......................... SB 168 Retirement Allowances, Benefits; establish a Military Pension Fund.................. SB 322
NATURAL DISASTERS (See Disaster Emergencies or Emergency Management)
NATURAL RESOURCES AND CONSERVATION (Also See Game or Environmental or Waters) Air Quality Standard; low-emission, clean fuel vehicles; tax credit...................HB 1596 Bird Islands Citizens Advisory Committee and DNR Staff; commend................. SR 628 Civil War Historic Sites Acquisition and Preservation Program........................... SB 178 Clean Air Standards; vehicle emissions; violations; unlawful acts.....................HB 1707 Coastal Ground-Water Resources Joint Study Committee; create ........................ SR 225 Coastal Marshlands; grant easement; Bull River Yacht Club Marina................. SR 627 Drinking Water Standards; privately-owned public water systems...................... SB 252 Environmental Violations; enforcement rights of citizens affected....................... SB 174 Environmental Violations; reparation of damages; Trust Fund.............................. SR 86
Refer to numerical index for page numbers

2424

JOURNAL OF THE SENATE

NATURAL RESOURCES AND CONSERVATION (Continued) Fishermen; commercial crabbing regulation; traps; daily catch..........................HB 1444 Fishing; automated licenses; regulate commercial, noncommercial....................HB 1352 Fishing; salt-water species; possession, size limits; seasons................................HB 1351 Fishing Tournaments; participating disabled veterans; free license...................HB 1633 Fishing Tournaments Sponsored by Disabled Veterans; free licenses.................. SB 649 Foresters; professional ethics code; unethical conduct..........................................HB 1195 Groundwater; permit to withdraw; application; public interest test.................... SB 414 Hazardous Site Reuse and Redevelopment; qualifying property; purchaser corrective action plans.............................................................................................................. SB 486 Historic and Cultural Heritage; properties, districts, museums, state preservation program; grant funding.......................................................................................... SB 446 Hunting; licenses; automated technology; legal weapons; seasons......................HB 1352 Jekyll Island-State Park Authority; property leases subject taxes...................... SB 643 Land, Water, Wildlife, and Recreation Heritage Fund; creation........................... SR 532 Law Enforcement Officers; new designation of conservation rangers .................. SB 514 Lead-based Paint Hazards; toxic substance controls; abatement.......................... SB 481 Low-emission Vehicles; air quality certification; income tax credit ....................HB 1161 Marine Vessels, Outboard Motors, Charter Boats, Marinas, Dealers; certificate of title ........................................................................................................................... SB 515 Metropolitan River Protection Act; regulate land use criteria.............................. SB 661 Permits, Variances; prohibit impose certain requirements..................................HB 1592 Recycling and Litter Reduction; refundable beverage containers ......................... SB 191 Recycling and Solid Waste Reduction Fund; amend Constitution.......................... SR 56 River Basins; management plans; local advisory committees .............................HB 1592 Rock Quarry Operations; prohibit in vicinity local water supply ......................... SB 679 Soil and Water Conservation Districts; education projects; expenses.................HB 1301 Soil Erosion Control Along Banks of State Waters; variances............................HB 1593 Solid Waste Management; long-term reduction goals............................................... SB 98 Solid Waste Trust Fund; scrap tire fees; enumerated uses................................... SR 758 State Parks, Historic Sites, Forests, Wildlife Management Areas; designated dark area preserves; misdirected outdoor lighting....................................................... SB 329 State Parks, Historic Sites, Lakes; enforce regulations; entry permits; boating restrictions............................................................................................................... SB 484 Stone Mountain Memorial Association; police powers............................................ SB 604 Stone Mountain Park; define purposes; use of revenue funds.............................. SB 367 Stone Mountain Park Projects; lease contracts; requirements.............................. SB 274 Stream Buffer Requirements; variance requests; committee to study ................. SR 644 Surface Mining; borrow pits; excavating ordinary fill............................................HB 844 Surface Water Withdrawal; coastal zone counties; permit requirement............... SB 415 Waste-water Pollutants; sewer overflow treatment facilities; enforcement; state privatization oversight..........................................................................................HB 1163 Waste-water Pollution Control Plants; excess phosphorus discharge ................... SB 611 Waste-water Treatment Plants; construction; meeting discharge level................ SB 610 Water Pollutants; swine feeding operations; committee to study.......................... SR 840 Water Pollution and Surface-water Use; permits; grounds for refusal...............HB 1432 Water, Public Systems; violation of EPA orders; per day penalty........................ SB 486 Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager................................................................................... SB 319
Refer to numerical index for page numbers

INDEX

2425

NATURAL RESOURCES AND CONSERVATION (Continued) Water Resources Authority; create; protect rivers from pollution......................... SR 545 Water Resources; pollutant discharge facilities; permit to operate....................... SB 347 Water Treatment Purification Technology; urge pilot project................................ SR 478 Wildflowers and Trees; public roadside projects; outdoor advertising.................. SB 337 Wildflowers; Roadside Enhancement and Beautification Fund created............... SR 559 Wildlife Endowment Fund; establish; wildlife and fisheries resource management and habitat acquisition; sportsman license to fund..................................................HB 1640 Wildlife Management Areas; permitted hunting; termination procedure............. SB 475 Wildlife Management; trout waters; seasons, fishing methods ...........................HB 1087
NEW ZION MISSIONARY BAPTIST CHURCH 100TH ANNIVERSARY.............. SR 720
NEWS MEDIA Advertising; printed inserts in newspapers; exempt sales tax............................HB 1656 Judicial Sales; legal advertisements; property description..................................HB 1406
NEWTON COUNTY Board of Elections and Registration; create ..........................................................HB 1790 Board of Elections and Registration; creation......................................................... SB 687
NICHOLLS, CITY OF; recreation/beautification grant advisory committee ........... SR 731
NIPPER, DAVID; designate Memorial Bridge for; Coffee County............................ SR 613
NONPROFIT ORGANIZATIONS (Also See Commerce or Corporations) Charitable Contributions; insolvent estates; bankruptcy exemption .................... SB 479 Charitable Grants by Authorities in Counties of 400,000 or More ...................... SB 567 Charitable Organizations; registration; financial statements..............................HB 1143 Debts Owed to Public Agencies; collection procedures ...........................................HB 674 Emergency Food Banks; State Nutrition Assistance Program (SNAP) ..............HB 1253 Fishing Tournaments Sponsored by Paralyzed Veterans; free licenses..............HB 1633 Food Sales and Service at Fairs or Festival Events; permits..............................HB 1576 Girl and Boy Scout Fundraising; food sales; exempt sales tax...........................HB 1656 Historic Preservation Grant Program; creation; selection process........................ SB 446 Public Funds Paid Nonprofit Contractors; financial accountability...................... SB 474 Social Assistance Register of Groups or Individuals Willing to Assist Recipients of Public Assistance..................................................................................................... SB 267 Solicitation of a Monetary Charitable Contribution and the Use of a Courier to Obtain; telemarketing conduct violations...........................................................HB 1420
NORCROSS HIGH SCHOOL CONCERT BAND; commend.....................................SR 468
NORFOLK SOUTHERN CORPORATION; Easement for railroad crew parking; Macon........................................................................................................................... SR 530
NORMAN PARK, CITY OF; Mayor and Council; 4-year terms..............................HB 1896
NORTH GEORGIA COLLEGE; Reserve Officer Training; scholarship grants .....HB 1552
NORTH KOREA; Chosin Reservoir Campaign Veterans; special license plates..... SB 518
NORTHEASTERN JUDICIAL CIRCUIT District attorney; salary supplement; Hall and Dawson Counties......................HB 1841 Superior Court; judges; salary supplement; Hall and Dawson Counties ...........HB 1840
NOTARIES; Electronic Signatures; legal authenticity............................................... SB 433
Refer to numerical index for page numbers

2426

JOURNAL OF THE SENATE

NUCLEAR FUEL AND RADIOACTIVE WASTE; regulate routes and shipment...................................................................................................................... SB 548
NUDITY AND SEXUAL CONDUCT; minors not admitted where exhibited.......... SB 669
NUISANCES Property Where Accusations of Illegal Drug Activities Occur................................... SB 7 Realty Used for Conducting Criminal Street Gang Activity................................HB 1391
NURSES Advisory Committee on Pain Management for Terminally 111 Patients ............... SB 670 Dental Facilities; sedation of patients; nurse anesthetist....................................HB 1158 Drugs Used for Adverse Reaction to Vaccines; authority to possess...................... SB 20 School Health Care Joint Study Committee............................................................ SR 677
NURSING AND PERSONAL CARE HOMES Assisted Living; new category of facilities; licensing of different levels; delete and replace term 'personal care homes'.......................................................................HB 287 Long-term Care Facilities; senior housing; regulatory environment..................... SR 600 Long-term Care Financing; medical care savings account program..................... SB 279 Medicaid Providers; payment denied; administrative hearings...........................HB 1387 Medicaid Reimbursement; clinical social workers for nursing homes .................. SB 308
NUTRITION EDUCATION, GEORGIA COALITION FOR; commend..................... SR 751
NUTRITION, STATE ASSISTANCE PROGRAM (SNAP); emergency food banks..........................................................................................................................HB 1253
o
OAKLEY, RAYMOND BERRY; musician; designate Bridge to honor; Macon........ SR 653
OBESITY ANTI-DISCRIMINATION ACT Health Insurance Coverage; Morbid Obesity Anti-discrimination Act.................. SB 490 Health Insurance Coverage; Morbid Obesity Surgical Intervention Act.............. SB 648
OBSTETRICIANS; women's access direct health care; insurance coverage............ SB 665
OCILLA, CITY OF; Councilmembers; districts 1 and 4; time for election............HB 1688
OCMULGEE JUDICIAL CIRCUIT; Superior Court; additional judge; increasing number to five............................................................................................................... SB 77
OCONEE COUNTY Ad Valorem; county taxes; homestead exemption; age, income...........................HB 1336 Ad Valorem; school taxes; homestead exemption; certain age, income...............HB 1334 Board of Commissioners; bonds; powers, duties....................................................HB 1335 Board of Elections and Registration; membership; terms....................................HB 1338 Superior Court; judges; salary supplement.............................................................. SB 483
OCONEE REGIONAL MEDICAL CENTER; purchase property Baldwin County.......................................................................................................................... SR 493
OFF-ROAD VEHICLES Agricultural Field Use Vehicles; Motor Fuel Excise Tax exemption...................HB 1175 All Terrain Vehicles; exempt seat safety belts requirements ................................ SB 591
OFFENDER REHABILITATION (See Corrections)
Refer to numerical index for page numbers

INDEX

2427

OFFICE OF PLANNING AND BUDGET Director; economic review panel; taxation of corporations...................................HB 1353 Duties; Year 2000 computer compliance issues; appropriations..........................HB 1166 State Departments, Agencies; expenditures; establish limitation......................... SR 177
OFFICIAL CODE OF GEORGIA (See Code of Georgia)
OGLETHORPE COUNTY; Magistrate Court; chief magistrate election................HB 1439
OLIVER, CLINTON; designate the Clinton Oliver Highway, Tattnall County ......HR 812
OPTOMETRISTS Optometrists and VISION USA; commend.............................................................. SR 673 Optometry; vision and eye care; change definitions............................................... SB 408
ORGAN DONORS (See Anatomical Gifts or Health)
OSTEOPATHS Hospital Staff Privileges; prohibit deny based upon certain license .................... SB 138 Primary Care Physicians; medical training; scholarships, loans........................... SB 391
OSTEOPOROSIS; Bone Mass Measurement, Testing; insurance coverage...........HB 1086
OUTER PERIMETER HIGHWAY; delete Developmental Highway System Projects........................................................................................................... SB 314

PANNELL, CHARLES A., SR.; portion Highway 61 to honor; Chatsworth..........HR 1102
PARAMEDICS (See Emergency Medical Services)
PARDONS AND PAROLES (Also See Probation, Corrections or Inmates) Felony Criminal Offenders; not eligible parole or reduced sentence........................ SB 4 Felony Criminal Offenders Shall Serve Full Sentence Without Parole................ SB 100 Felony Offenders Serve 90% Sentence Imposed Before Eligible Parole............... SB 494 Inmates; sentencing documents; transmittal of information ...............................HB 1254 Pardons and Parole; abolish for persons convicted certain crimes ....................... SR 463 Parole Abolition and Sentencing Reform; Bipartisan Study Commission............ SR 477 Parole Officers Injured in Line of Duty; disability benefits .................................. SB 326 Parole Restrictions; persons convicted crimes against children ............................ SR 487 Persons Convicted Crime Involving Injury or Death of Law Enforcement Officer, Firefighter or EMS Personnel; no parole ............................................................. SB 618 Persons Convicted Crimes Against Children; no parole, early release................. SB 470 Persons Convicted of a Serious Felony; no parole or early release until serve 90% of sentence imposed..................................................................................................... SB 448 Prison and Jail Construction Cost Analysis; committee to study......................... SR 172 Probation Condition; community service; required hours in work day................ SB 633 Probationers Charged With a Misdemeanor Involving Injury or Threats ............. SB 46 Serious Violent Felony Offenders; ineligible parole, early release........................ SB 162 Serious Violent Felony Offenders Not Eligible First Offender Probation Treatment ..............................................................................HB 1164 Serious Violent Felony Offenders; punishment; life without parole ..................... SB 461 Sexually Violent Predators, Child Molesters; chemical castration............................ SB 5 State Board; abolish; authority to pardon or parole vested in General Assembly.................................................................................................................. SR 215
Refer to numerical index for page numbers

2428

JOURNAL OF THE SENATE

PARDONS AND PAROLES (Continued) State Board; electronic calling system for citizen inquiries..................................... SB 23 State Board; parolees; require offender pay fee for services ................................. SB 449 State Board; votes cast by members; release for public inspection...................... SB 201
PARENT AND CHILD (Also See Domestic Relations or Minors) Adoption; revise legal documents relating to biological parents........................... SB 571 Adoption; who may adopt a child; define legally married couples........................ SB 434 Child Custody; committee to study joint custody; shared parenting.................... SR 233 Child Custody; decisions from court given expedited consideration....................... SB 73 Child Custody; evidence of abuse; supervised parent visitation ............................. SB 71 Child Custody; joint legal and physical custody parenting plan........................... SB 187 Child Custody; parenting time rights; presumption of equal access .................... SB 188 Children Age 17; petition to end parent legal obligation....................................... SB 385 Children in Need of Supervision, Treatment; Juvenile Court orders................... SB 334 Deprivation Case; appointment of a child's guardian ad litem...........................HB 1288 Deprived Children; alcohol or drug abuse by persons having custody...............HB 1717 Firearms Protection for Minors; loaded guns; criminal negligence....................... SB 190 Foster Care Home Parents, Other Residents; require background check............ SB 244 Grandparent Visitation Rights to a Minor Child.................................................... SB 631 Judicial Findings; reasons requiring removal of child from home; safety of child; family reunification, permanency plans..............................................................HB 1585 Juvenile Proceedings; reunification orders; residence of parent..........................HB 1290 Negligence; parent liability; malicious property damage by a minor..................... SB 89 Pistols or Revolvers; accidents among children; criminal negligence of parent or guardian................................................................................................................... SB 407 Property; rebuttable presumption of a gift by the parent to child....................... SB 230 Public Libraries; encourage placement of child parenting books.......................... SR 579 Surrogate Parenting; contract between couples; affirm parent status ................. SB 451 Termination of Parental Rights; evidence; surrender forms; adoptions ................. SB 27
PARHAM, BOBBY EUGENE; naming Central State Hospital Food Service Facility to honor............................................................................................................................ SR 588
PARKER, ALBERT; tribute to...................................................................................... SR 748
PARKING LOTS; Public Transit Facilities; prohibited conduct; fines..................... SB 444
PARKS AND RECREATION Blackburn State Park; sale of surplus land; Lumpkin County............................. SR 581 Dark Area Preserves; state owned parks; outdoor lighting standards................. SB 329 Jekyll Island-State Park Authority; property leases subject taxes...................... SB 643 Land, Water, Wildlife, and Recreation Heritage Fund; creation........................... SR 532 Land, Water, Wildlife and Recreation Heritage Fund; grants............................... SB 496 Land, Water, Wildlife and Recreation Heritage Fund; tax proceeds ..................HB 1551 Outdoor Advertising Signs; change certain location restrictions.........................HB 1304 Pandering for Prostitution Prohibited Within Areas Used Primarily by Persons Under Age 17....................................................................................................................... SB 158 Public Property Not Needed for Road Purposes; dedicated for a park .................. SB 76 State Parks, Historic Sites, Lakes; regulate certain activities.............................. SB 484 State Property; private leasehold interest subject tax assessment....................... SB 645
Refer to numerical index for page numbers

INDEX

2429

PARKS AND RECREATION (Continued) Stone Mountain Memorial Association; police powers............................................ SB 604 Stone Mountain Park; define purposes; use of revenue funds .............................. SB 367 Stone Mountain Park; lease contracts; comply master planning.......................... SB 274 West Point Lake Problems; water level demands; urge federal action................. SR 353
PARKVIEW HIGH SCHOOL Boys' Swim Team; commend ..................................................................................... SR 726 Cheerleaders; commend.............................................................................................. SR 739 Football Team and Varsity Cheerleaders; commend............................................... SR 572 Football Team; commend............................................................................................ SR 542 Football Team; commend............................................................................................ SR 571 Women's Swimming and Diving Team; commend................................................... SR 727
PATERNITY Birth Certificates; naming of child's father for certain children........................... SB 195 Fatherhood Responsibility Programs; enforcement of duty of support................... SB 58
PATIENTS (Also See Medical or Health Care or Insurance) Appropriate Patient Care Act; postsurgery care; coverage by insurers................ SB 330 Appropriate Patient Care Act; postsurgery; insurance coverage........................... SB 589 Diabetes; outpatient self-management services; health insurance.......................... SB 55 Mastectomy Patient Care Act; health insurers required coverage.......................... SB 54 Medical Treatment Covered Under HMO Plans; time period to receive .............HB 106 Medical Treatment; unconventional or experimental procedures.......................... SB 307
PAUL, REBECCA;.President Ga. Lottery Corporation; commend............................ SR 553
PAULDING COUNTY Designate; Wendy Bagwell Parkway; Paulding County.......................................... SR 316 Paulding County Building Association; commend................................................... SR 471 Paulding County Chamber of Commerce; commend............................................... SR 569 Paulding County High School Color Guard.............................................................. Page 1 Property Conveyance; title to land; Mary Jo and J. Cliff Shipp...........................HR 935
PAWNBROKERS; Vehicle Title Pawn Transactions; excessive interest, fees.......... SB 239
PEACE OFFICERS (Also See Law Enforcement) Accused of Committing an Offense; arrest affidavit; false statement ..................HB 258 Annuity and Benefit Fund; membership; certain DCYS employees .....................HB 759 Firearms Possession; authority to carry pistol or revolver ..................................HB 1425 Honorary Fishing Licenses for Peace Officers......................................................... SB 422 Murder of an Officer Engaged in Official Duties; punishment............................. SB 570 Natural Resources Law Enforcement Officers; conservation rangers................... SB 514 Official Oath of Office; requirements .......................................................................HB 458 Radar Speed Detection Devices; operation by certified officer ..............................HB 190 Salaries; recognize critical need to establish minimum compensation................. SR 586 Standards and Training Council; appropriation of funds ...................................... SB 200 Stone Mountain Memorial Association; police powers............................................ SB 604 Training; courses required; Street Gang Terrorism and Prevention ..................HB 1391 Training; municipal corrections officers; administrative investigator...................HB 791 Training; municipal probation officers certification..............................................HB 1216
Refer to numerical index for page numbers

2430

JOURNAL OF THE SENATE

PEACE OFFICERS (Continued) Training; qualifications for office of sheriff; certification....................................... SB 142 Training Regarding Elder Abuse, Abuse of Vulnerable Adults............................. SB 159
PEACH COUNTY; Designate; George B. Culpepper Highway; Fort Valley..........HR 1031
PEACH FESTIVAL DAY AT THE CAPITOL; celebrating ........................................ SR 611
PEACHCARE FOR KIDS ACT; enact.......................................................................... SB 410
PEANUTS Agricultural Commodity Commission for Peanuts; Overview Committee............ SB 365 Official State Peanut Monument; peanut sculpture in Turner County..............HB 1490
PEARL HARBOR MEMORIAL HIGHWAY...............................................................HR 1092
PEDESTRIAN WALKWAYS; include within projects, purposes of DOT................. SB 145
PEDIATRIC CANCER THERAPY; clinical trial programs; insurance coverage..... SB 603
PENAL INSTITUTIONS (See Corrections)
PERRY, CHRISTENE; Miss Cobb County; commend................................................ SR 705
PERSONAL CARE HOMES (See Nursing Homes or Health Care Facilities)
PERSONAL FINANCIAL SECURITY ACT; enact..................................................... SB 513
PERSONS AND THEIR RIGHTS Discrimination of or Preferential Treatment to Any Person Prohibited .............. SB 243 Hospital Authorities; prohibit quota based preferential treatment ....................HB 1101 Insurers; redlining or discrimination against communities prohibited .................. SB 45 Public Colleges and Universities Admissions and Scholarship Awards ............... SB 632 State Government; criterion for employment, granting of contracts .................... SB 472
PESTICIDES AND PEST CONTROL Herbicides, Defoliants, Chemicals; protection of gallberry bushes........................ SB 480 Pesticide Licenses; sanctions for failure repay student loan.................................HB 884 State Structural Pest Control Commission; membership.....................................HB 1212
PETROLEUM PRODUCTS (See Gasoline)
PETTY, CARLTON; recognize conservation efforts on Conasauga River................ SR 594
PHARMACISTS, PHARMACIES Advisory Committee on Pain Management for Terminally 111 Patients ............... SB 670 Controlled Drugs; phenylpropanolamine; sales to minors prohibited................... SB 208 Diabetes; medically necessary pharmacologic agents; insurance ............................ SB 55 Diabetic Supplies; blood glucose measuring strips; exempt sales tax ................HB 1656 Drugs and Narcotics Agency; director, agents; retain weapons, badge..................HB 92 Georgia Pharmacy Practice Act; licensure, controls, regulations ..........................HB 330 Medicaid Patients; change prior approval of prescription drugs........................... SB 139 Pharmacists; license suspension for nonpayment of student loan........................HB 884 Third-party Prescription Program Law; regulate certain practices ......................HB 330
PHYSICAL THERAPISTS; Voluntary Health Care Services; liability immunity....................................................................................................................HB 1641
PHYSICIANS (Also See Medical Practice or Professions or Health) Abortion; prohibited medical procedure; partial-birth method.............................. SB 348 Abortion, Sterilization Procedures; Woman's Right to Know Act.......................... SB 216
Refer to numerical index for page numbers

INDEX

2431

PHYSICIANS (Continued) Abortion; Woman's Informed Consent Act............................................................... SB 699 Abortion; Woman's Right to Know Act..................................................................... SB 153 Chiropractors Who Provide Voluntary Health Care Services; exemption from liability unless gross negligence.........................................................................................HB 1641 Civil Actions; discovery of documents; records from nonparties ...........................HB 395 Clinical Laboratories; quality assurance program; test accuracy.......................... SB 560 Dental Facilities; conscious sedation of patients; anesthetists ............................HB 1158 Drugs Used for Adverse Reaction to Vaccines; delegate authority......................... SB 20 Essential Rural Health Care Provider Access Act.................................................. SB 594 Essential Rural Health Care Provider Access Act................................................HB 1798 Evaluation of Incapacitated Adults in Proposed Guardianship Cases ................. SB 179 Experimental or Unconventional Medical Practices ............................................... SB 307 Health Care Services; insurance claims; payment solely to provider................... SB 526 Health Professional Shortage Areas; federally funded clinics; urge Congress prohibit noncompete clauses................................................................................................. SR 692 Hospital Staff Privileges; podiatrists, osteopaths, dentists.................................... SB 138 Hospitals; denial of medical staff privileges..........................................................HB 1156 Incapacitated Adult Temporarily Out of State; emergency evaluation................... SB 37 Medicaid Providers Committing Certain Offenses; deny participation................... SB 44 Medicaid Providers; dispute of reimbursement for services; hearings ...............HB 1387 Medical Service Provider; workers' compensation billing errors........................... SB 384 Optometry, Doctor of; change definitions relating to practice............................... SB 408 Physician Workforce, Georgia Board for; redesignate the Joint Board of Family Practice..................................................................................................................... SB 533 Physician's Assistants; training within or outside the U.S.................................... SB 662 Podiatrists, Osteopaths, Dentists; hospital staff privileges.................................... SB 138 Primary Care Specialties; medically underserved areas; scholarships................. SB 391 Psychologists; licensure; persons licensed other state; board investigations of complaints................................................................................................................HB 274 Regulatory Agency; State Board of Examiners; give independent status ............HB 932 Rural Hospitals; closings; economic pressures; committee to study..................... SR 841
PIKE COUNTY Board of Commissioners; appointment of county manager..................................HB 1831 Probate Court; nonpartisan elections .....................................................................HB 1832
PINEWOOD CHRISTIAN ACADEMY FOOTBALL TEAM; commend .................... SR 548
PINEWOOD CHRISTIAN ACADEMY LADY SOFTBALL TEAM; commend......... SR 547
PISTOLS (See Firearms and Guns)
PITTS, DAN; commend.................................................................................................. SR 756
PLANNING COMMISSIONS (See Authorities or Development Authorities)
PODIATRISTS; Hospital Staff Privileges.................................................................... SB 138
POLICE OFFICERS (Also See Law Enforcement) Accused of Committing an Offense; arrest affidavit; false statement ..................HB 258 Compensation for Duties; minimum salaries; recognizing needs.......................... SR 586 Emergency Calls for Police Protection; offense of interfering................................ SB 460 Firearms; authority to carry in public places on or off duty................................. SB 427
Refer to numerical index for page numbers

2432

JOURNAL OF THE SENATE

POLICE OFFICERS (Continued) Firearms Possession; authority to carry pistol or revolver..................................HB 1425 Municipal Law Enforcement Employment Study Committee................................ SR 633 Municipal Officers; compensation disputes; mediation procedures....................... SB 585 Murder of a Peace Officer Engaged in Official Duties; punishment.................... SB 570 Police Dog or Horse; destroying or injuring; punishment...................................... SB 697 Public Safety Communications; dispatch center officers; training........................HB 812 Training; appropriation of funds; percentage of employed officers....................... SB 200
POLLUTION CONTROL Air Pollution; encourage use of Low Sulphur Motor Fuels; reduce tax............... SR 591 Air Quality Goals; support Regional Transportation Planning...........................HR 1100 Air Quality; vehicle emissions standards; compliance; enforcement...................HB 1707 Alternative Fueled Vehicles/ILEV; special license plates....................................... SB 554 Coastal Ground-Water Resources Joint Study Committee; create........................ SR 225 Environmental Violations; reparation of damages; Trust Fund.............................. SR 86 Recycled, Chlorine-free Paper Products; state purchasing guidelines .................. SB 255 Toxic Pollutants; violation; enforcement right of citizens affected........................ SB 174 Waste-water Discharge; sewer connections moratorium; exempt certain publicly funded facilities......................................................................................................... SB 19 Waste-water Pollution Control Plants; excess phosphorus discharge ................... SB 611 Waste-water Treatment Facilities; pollutant discharge violations; private contractor to operate; state oversight........................................................................................HB 1163 Waste-water Treatment; plant construction; meeting discharge level.................. SB 610 Wastewater, Sewage Treatment; water quality emergencies; state appoint interim manager to improve................................................................................................ SB 319 Water; Middle Chattahoochee Water Resources Authority; jurisdiction............... SB 520 Water Quality; improper usage of surface waters; history of violations; grounds for refusal of use permits...........................................................................................HB 1432 Water Resources Authority; create; manage nonconforming facilities.................. SR 545 Water Treatment Purification Technology; urge pilot project................................ SR 478 Waters, Wetlands; pollutant discharge facilities; permit to operate ..................... SB 347
POOLER, CITY OF Convention and Visitors Bureau Authority; create................................................. SB 625 Expand corporate limits...........................................................................................HB 1010 Mayor and Aldermen; 4-year terms of office .........................................................HB 1759
POPULATION BILLS Cities of 300,000 or More; services by judges pro hac vice .................................HB 1238 Counties Between 81,300-89,000; time for ad valorem tax digests ...................... SB 137 Counties of Less Than 100,000; persons taking depositions; waivers.................. SB 185 Counties of 180,000; courts requesting judicial assistance.................................... SB 688 Counties of 180,000 or More; county administrators; appointment...................... SB 136 Counties of 400,000 or Less; exception for Taxicab Self-insurers.......................HB 1448 Counties of 400,000 or More; authorities of; charitable grants............................. SB 567 Counties of 50,000 or Less; Intangible Recording Tax collection ........................HB 1522 Counties of 550,000; purchasing; expenditures less than $50,OOO......................HB 1452
Refer to numerical index for page numbers

INDEX

2433

POPULATION BILLS (Continued) Counties of 58,000 or More; sales of alcoholic beverages on Sunday at motor sport road race tracks....................................................................................................... SB 537 Counties Under 96,000; probate court jurisdiction in civil cases.......................... SB 540
PORCH, LUDLOW; commend....................................................................................... SR 538
PORNOGRAPHY AND OBSCENITY Computer Materials Deemed Harmful to Minors; restrict advertising................ SB 312 Libraries; sexually explicit materials; restrict access to minors ............................. SB 40
PORTERFIELD, BETTY Expressing regrets at the passing............................................................................ SR 803 Name Memorial Bridge for; Cobb County .............................................................HR 1106
PORTS AUTHORITY, GEORGIA; Businesses Increasing Product Exports, Port Traffic; tax credits..................................................................................................................HB 1667
POULAN, CITY OF; new charter; incorporation and powers.................................HB 1859
POULTRY PRODUCTS; Selling Poultry, Domestic Fowl or Game Birds From Mobile Vehicles........................................................................................................................ SB 500
PREFERENTIAL TREATMENT (Also See Persons and Their Rights) Hospital Authorities; prohibit quota based preferential treatment ....................HB 1101 Public Colleges and Universities; uniform student admission system................. SB 632 State Agencies; prohibit discrimination or preferential treatment....................... SB 243 State Government; criterion for employment, granting of contracts .................... SB 472
PREFILED LEGISLATION Counties, Municipalities; construction projects; bidding procedure ........................HB 32 Driver's License, ID cards; repeal fingerprint requirement....................................... SB 2 Georgia Golf Hall of Fame Authority Act..............................................................HB 1126 Income Tax; deduction; self-employed health care insurance costs ....................HB 1116 Mental Health; community service boards; repeal automatic repealer ..............HB 1131 Telecommunications Marketing Act of 1998; violations; unauthorized changes of a customer's service carrier; abusive telemarketing acts.....................................HB 1130 Unemployment Compensation; insurance trust funds; employer drug-free workplace rates; weekly benefits; administrative costs.......................................................HB 1140
PREGNANT WOMEN; Offense of Feticide; injury to unborn child......................... SB 405
PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)
PRESLEY, ALLISON; commend................................................................................... SR 619
PRICE, GERALDINE; commend.................................................................................. SR 825
PRINTERS, PRINTING EQUIPMENT Commercial Printing; certain services not subject to taxation............................HB 1535 Printed Advertising; Newspaper Inserts; sales tax exemption............................HB 1656
PRISONS (See Corrections)
PRISONS, GEORGIA BUREAU OF; designate as new name for Corrections Department, Industries, Board and Commissioner................................................. SB 671
Refer to numerical index for page numbers

2434

JOURNAL OF THE SENATE

PRIVATE OR NONPUBLIC SCHOOLS Home Study Programs; create joint committee to study ........................................... SR 4 School Choice Vouchers; create joint committee to study........................................ SR 21 School Choice Vouchers; create Senate Committee to study ................................... SR 22
PRIVATIZATION OF GOVERNMENTAL SERVICES Examiners for Workers' Compensation Group Self-insurance Funds................... SB 656 Housing Authorities; loans to private entities not usurious................................HB 1604 Local Governments; contracts for private toll roads, bridges ..............................HB 1486 Municipal Corporation Free Enterprise Encouragement Act................................. SB 343 Municipal Water or Sewer Systems; authorize contract private firms................. SB 318 Property Leases Subject Taxes; Jekyll Island-State Park Authority................... SB 643 Public Property; private leasehold interest subject tax assessment..................... SB 645 Public Waste-water Facilities Discharging Pollutants; state oversight; private contractor operate until corrected.......................................................................HB 1163
PRIVILEGED COMMUNICATIONS; Parties to Pending Action Concerning a Matter of Common Interest........................................................................................................ SB 634
PROBATE COURTS Agents; restrict power of attorney to transfer property ownership ........................HB 55 Cases Involving Title to Land and Equity; concurrent jurisdiction with superior courts........................................................................................................................ SR 661 Civil Actions Brought Against Judicial Officers; expenses; recovery..................HB 1730 Civil Cases; jury trials and appeals in certain counties; notices.......................... SB 540 Cobb County Probate Court Pilot Project; jurisdiction; equity cases.................... SB 609 Counties of 180,000 or More; appointment of county administrator.................... SB 136 County Boundary Lines; filing of petitions to change; procedures ....................... SB 380 Guardians of Incapacitated Adults; protection orders; appeals............................. SB 582 Judges; custodial fees; funds paid to minors without legal guardian................... SB 655 Judges; Election Qualifying Fees; percent of minimum salary ...........................HB 1202 Judges; minimum annual salaries; satellite courthouses.....................................HB 1413 Judges; retirement; maximum income used to compute benefits..........................HB 780 Judges; training requirements and certification .....................................................HB 516 Jurisdiction With Superior Courts in Certain Trust Issues .................................. SB 541 Marriage Ceremony; authority of state and federal court judges.........................HB 249 Recording Registered Local Government Authorities...........................................HB 1557 Wills, Trusts, Estates; Pre-1998 Probate Code; Revised Probate Code..............HB 1226
PROBATION Authority to Pardon or Parole Vested in General Assembly; abolish State Board of Pardons and Paroles ............................................................................................... SR 215 Convicted Street Gang Members; prohibit contact other gang members...........HB 1391 Correctional Officers Disabled in Line of Duty; disability benefits...................... SB 326 First Offender Probationers; felony cases involving firearms possession; trial upon accusations .............................................................................................................HB 1306 First Offenders Committing Serious Violent Felonies; imprisonment not probated...........................................................................................................HB 1164 Habitual Violators Convicted of DUI; parole limitations....................................... SB 321 Municipal Courts; failure pay costs, fines; writ of fieri facias .............................. SB 125 Municipal Probation Officers; training and certification......................................HB 1216
Refer to numerical index for page numbers

INDEX

2435

PROBATION (Continued) Parolees; services, programs as condition of release; fee payment....................... SB 449 Parolees; supervised probation; eliminate 2-year limit.......................................... SB 581 Persons Convicted Certain Crimes; abolish parole or reduced sentence.............. SR 463 Persons Convicted Crimes Against Children; restrict granting parole................. SR 487 Persons Convicted Crimes Against Children; supervised probation..................... SB 467 Persons Convicted of a Serious Felony; no parole or early release ...................... SB 448 Persons Convicted Offense of Stalking; probation conditions..............................HB 1639 Persons Sentenced to Perform Community Service; hours in work day .............. SB 633 Probationers Charged With a Misdemeanor Involving Injury or Threats ............. SB 46 Probationers; increase monthly supervision fee; purpose defined......................... SB 409 Serious Violent Felony Offenders; ineligible parole, early release........................ SB 162 Serious Violent Felony Offenders Not Eligible First Offender Probation Treatment.............................................................................................HB 1164 Sexually Violent Predators; registration within ten days of release ...................... SB 39
PROFESSIONAL PRACTICES COMMISSION; Abolish; transfer functions relating to educators to Professional Standards Commission................................................... SB 535
PROFESSIONAL SOCIAL WORK CENTENNIAL ANNIVERSARY; recognize..... SR 769
PROFESSIONS AND BUSINESSES (Also See Commerce and Trade) Acupuncturists and Detox Specialists; licensure; registration................................. SB 65 Advertising; printed inserts in newspapers; exempt sales tax............................HB 1656 Alcoholic Beverage Retail Dealers; permits and licenses....................................... SB 111 Alcoholic Beverages; brewpubs; sales to dealers; brewery tours........................... SB 289 Architectural and Engineering Firms; predesign phase of a state project; selection process...................................................................................................................... SB 437 Boxing, Professional Matches; State Boxing Commission regulate.......................HB 396 Charitable Organizations; registration; financial statements..............................HB 1143 Civil Actions Alleging Professional Malpractice; expert witnesses ....................... SB 640 Conditioned Air Contractors; violation; unlicensed persons; penalty...................HB 300 Cosmetology Services; licensure; education; training; registration ....................... SB 615 Dentistry, State Board of; membership; practicing dental hygienist..................HB 1491 Driver Schools; standards; requirements for drivers under age 18...................... SB 241 Driver Training; instructors in secondary schools; qualifications .......................HB 1299 Electricians; Journeyman Licensing Act; qualifications; renewal.......................... SB 597 Fireworks Exhibitions; licenses; storage for use in another state........................ SB 311 Foresters; professional ethics code; State Board authority ..................................HB 1195 Franchise Businesses; marketing and contract rights............................................ SB 246 Funeral Directors; service contracts; liens for failure to pay ..............................HB 1214 Hypnotherapist Licensure Act................................................................................... SB 345 Industrial Hygienist; scope of practice; use of title................................................ SB 482 Insurance Fraud Against Persons 60 Years of Age; increased penalties..............HB 233 Insurers; countersignature requirements; exemption.............................................HB 862 Insurers; surplus line insurers; inapplicable provisions......................................... SB 358 Land Surveying; training certification; platting sewer connections...................... SB 647 Land Surveyors; errors, omissions; damage action limitation period.................HB 1154 Land Surveyors; surveys or plats; damage actions; limitation period.................. SB 147 Lead Hazard Abatement Firms and Workers; certification................................... SB 481
Refer to numerical index for page numbers

2436

JOURNAL OF THE SENATE

PROFESSIONS AND BUSINESSES (Continued) Licenses Revoked for Persons Defaulting on Student Educational Loans ...........HB 884 Limousine Carriers; requirements to operate; chauffeurs' permits....................... SB 310 Massage Therapists; create state licensing board to regulate............................... SB 300 Medical Doctors; denial of hospital staff privileges..............................................HB 1156 Medical Practitioners; licensing, discipline by independent agency......................HB 932 Medical Practitioners; Pain Management for Terminally 111 Patients.................. SB 670 Minimum Wages; increase to federal poverty level; adjustments......................... SB 629 Mortgage Broker or Lender Licenses; standards; suspension; records...............HB 1354 Mortgage Brokers; licensing of out-of-state brokers .............................................HB 1496 Mortgage Lenders; liable for homeowners insurance premium payments...........HB 478 Nurses, Physician Assistants; authority to possess certain drugs.......................... SB 20 Obstetricians and Gynecologists; insured's right to direct access......................... SB 665 OCGA Title 43; code revisions and modernizations .............................................HB 1228 Optometry, Doctors of; change definitions relating to practice............................. SB 408 Pharmacists and Pharmacies; revise laws regulating profession..........................HB 330 Physician's Assistants; training; reduce language, cultural barrier ..................... SB 662 Physicians; enact Essential Rural Health Care Provider Access Act................... SB 594 Physicians; Essential Rural Health Care Provider Access Act ...........................HB 1798 Physicians, Primary Care; recruitment for underserved areas; loans.................. SB 391 Physicians, Psychologists; emergency guardianship evaluations............................. SB 37 Physicians; unconventional or experimental medical procedures.......................... SB 307 Professional Counselor, Mental Health Therapists; license exception....................HB 96 Professional Counselors, Marriage and Family Therapists; mental health emergency evaluation orders....................................................................................................... SB 99 Professional Employer Organization Act; employee leasing companies ............... SB 126 Professional Licenses; state examining boards revocation decisions .................... SB 344 Prohibition of Negative Check-off Plans; withholding funds due.......................... SB 450 Psychologists; licensure; persons licensed other state; board investigations of complaints ................................................................................................................HB 274 Real Estate Appraisers, Brokers, Salespersons; regulate; sanctions ..................HB 1263 Real Estate Owners, Agents; information disclosure; exemption........................HB 1274 Securities Investment Advisers, Planners, Salespersons; regulate.....................HB 1372 State Structural Pest Control Commission; membership.....................................HB 1212 Unemployment Compensation; employer contributions; payment waivers .......... SB 557 Used Motor Vehicle Dealers; licensees; define, redefine terms ............................. SB 692 Used Motor Vehicle Dealers; security interest; disclose to purchaser.................. SB 196 Used Motor Vehicles Offered for Sale; require title, registration .......................HB 1683
PROPERTIES COMMISSION (See Property Conveyances or State Government)
PROPERTY Abatement of Public Nuisances; realty used for conducting criminal street gang activity....................................................................................................................HB 1391 Accusations of Illegal Drug Activities; may be declared a nuisance......................... SB 7 Actions for Damage to Realty Arising from Synthetic Stucco.............................HB 1157 Ad Valorem; exemption; properties owned by religious organizations................HB 1388 Ad Valorem; printing services granted no situs for tax purposes.......................HB 1535 Ad Valorem Tax; assessment notices; refund taxes when difference between assessed value and the sales price ....................................................................................... SB 529
Refer to numerical index for page numbers

INDEX

2437

PROPERTY (Continued) Ad Valorem Tax; conservation use; certain penalties not apply..........................HB 1365 Ad Valorem Tax Digests; completion by July 1; statewide application................ SB 137 Ad Valorem Tax; eliminate state taxes on tangible property................................ SR 541 Ad Valorem Tax; exemption; full value of homestead; persons age 70 ................ SB 550 Ad Valorem Tax; exemption; livestock...................................................................... SB 419 Ad Valorem Tax; exemption; livestock, farm and nursery products ...................HB 1350 Ad Valorem Tax Exemption; persons absent from home due to health.............HB 1174 Ad Valorem Tax; homestead exemption; qualification; recorded deed................HB 1474 Ad Valorem Tax; homestead exemption; senior citizens age 65............................ SB 626 Ad Valorem Tax; homestead exemption; senior citizens; referendum................... SB 663 Ad Valorem Tax; homestead exemptions; filing deadlines ...................................HB 1464 Ad Valorem Tax; preferential or current use assessment; approved applications; filing, indexing and recording.........................................................................................HB 1189 Ad Valorem Tax; property appraisal; purchase price value................................... SR 558 Ad Valorem Tax; residential property value not changed due to new construction, additions or improvements..................................................................................... SR 472 Ad Valorem Taxes; claims less than $5.; statute of limitations..........................HB 1368 Agents Holding Power of Attorney; transferring property ownership.................... HB 55 Bankruptcy and Intestate Insolvent Estates; exemption; contributions............... SB 479 Building Permit Forms; printed text; property subject lien laws........................HB 1337 Cases Involving Title to Land and Equity; court jurisdiction............................... SR 661 Cemeteries or Memorials; criminal offense of vandalism; punishment ................HB 840 Commercial Property Proposed to be Annexed by a Municipality........................ SB 251 Condemnation; selection of assessors; costs; acquisition for highway purposes; notices and advertisements; compensation hearings........................................................HB 155 Development Adjacent Major Streams; Metropolitan River Protection................ SB 661 Dispossessory Proceedings Against Tenant for Rents Due; appeals.....................SB 488 Dispossessory Proceedings; rents allegedly owed; tender of payment.................. SB 525 Divorce; court awards of real property; filing, recording deed..............................HB 408 Eminent Domain Powers of Local Governments; toll roads, bridges..................HB 1486 Fire Insurance Rates; location to responding fire station...................................... SB 511 Fire Insurance; rating class variances; fire engine travel time ............................ SB 512 Fishing Locations; warning sign; owner not liable for injury, death..................HB 1633 Guardians of Incapacitated Adults; protection orders; appeals............................. SB 582 Hazardous Site Reuse and Redevelopment Act....................................................... SB 486 Home Improvement Contract Regulation Act.......................................................... SB 295 Insurance; homeowners; escrow agreements; mortgage lender liability...............HB 478 Insurance; prohibit deny coverage when firearms kept on premises ................... SB 562 Insurers; damages for bad faith refusal to pay insured for loss........................... SB 657 Insurers; rate classification based on postal ZIP Code prohibited........................ SB 507 Judicial Sales; advertisement of property; legal description.................................. SB 563 Judicial Sales; legal advertisements; property description ..................................HB 1406 Land Belonging to Parent in Possession of Child; presumption of gift................ SB 230 Land Surveying; platting sewer connections; training certification...................... SB 647 Land Surveyors; surveys or plats; damage actions; limitation period.................. SB 147 Land Zoned for Commercial Use; tort liability of owner; insurance .................... SB 388 Landowners; erosion control along streams; variance requests; study................. SR 644
Refer to numerical index for page numbers

2438

JOURNAL OF THE SENATE

PROPERTY (Continued) Landowners; tort liability for hazardous conditions; negligence........................... SB 213 Landowners; transfer property development rights to city or county ................HB 1540 Liens; abandoned or derelict vehicles; removal and storage costs........................ SB 249 Liens; disputed motor vehicle repair transactions.................................................. SB 225 Liens in Favor of Funeral Directors; failure to pay contract terms ...................HB 1214 Mechanics and Materialmen Liens; failure to file; voiding record......................HB 1696 Mechanics' and Materialmen's Liens; process to void record of lien.................... SB 508 Minors; malicious damage to another's property; parent liability.......................... SB 89 Motor Vehicle Certificate of Title; joint interest; surviving owner .......................HB 387 OCGA Title 44; code revisions and modernizations .............................................HB 1228 Offenses of Theft and Property Damage; victim restitution................................HB 1165 Outdoor Luminaires Spilling Direct Light Beyond Property Boundaries ............ SB 329 Pawnbrokers; vehicle title pawn transactions; regulation...................................... SB 239 Personal; use of deadly force in defense of; justification........................................ SB 596 Power of Attorney; clarify when agent's authority terminates.............................. SB 183 Property Tax Equity, Differing Exemptions; committee to study......................... SR 274 Property Taxes, Joint Committee to Study; equity of taxation............................. SR 275 Public Transit Facilities, Buses, Rapid Rail; prohibited conduct.......................... SB 444 Real Estate Appraisers, Brokers, Salespersons; regulate; sanctions ..................HB 1263 Real Estate; loans; mortgage brokers, lender licenses.........................................HB 1354 Real Estate Transactions; information disclosure; exemption; certain prior criminal activity....................................................................................................................HB 1274 Real Estate Transfer Tax; increase rate; Heritage Fund proceeds....................... SB 496 Real Estate Transfer Tax; increase rate; remit Heritage Fund..........................HB 1551 Rental Dwellings; prospective renters' criminal records; disclosure .....................HB 122 Rental; owners, managers; disclose name, address, telephone number............... SB 281 Rental Property; premises repaired by tenant; deduct from rent due................. SB 223 Residential; homes with handicap accessible features; tax credit.......................HB 1621 Residential; Lead-based Paint Hazards; abatement activities............................... SB 481 Roadside Enhancement, Beautification of Public Rights of Way .......................... SR 559 Roadsides; outdoor advertising sign regulations; trimming permits..................... SB 337 Secured Transactions; debt paid in full; proper cancellation ..............................HB 1144 Secured Transactions; default in payment; repossession of vehicle...................... SB 624 Securities and Financial Assets; Uniform Commercial Code rules....................... SB 402 State; leases subject taxation; Jekyll Island-State Park Authority..................... SB 643 State Property; naming for current elected public officials................................... SB 453 State Property No Longer Needed for Road Purposes; disposition......................... SB 76 State Property; private leasehold interest subject tax assessment....................... SB 645 Surface Mining; certain borrow pits not regulated.................................................HB 844 Tax Executions; selling and transferring in lot blocks...........................................HB 185 Theft by Shoplifting; Municipal Court jurisdiction...............................................HB 1206 Theft by Shoplifting; value defines misdemeanor or felony penalty...................HB 1392 Threats of Physical, Economic Harm or Damage; felony criminal acts .............HB 1391 Trespass Upon or Damage to Realty; periods of limitation of actions .................HB 251 Trespassers; recovery of damages; apportion among persons liable..................... SB 637 Trust Issues Arising in Probate Court Cases; jurisdiction.................................... SB 541 Unclaimed Property; abandonment of unpaid wages; revert to issuer................. SB 217
Refer to numerical index for page numbers

INDEX

2439

PROPERTY (Continued) Use of Threat or Force Against Intruder to Prevent Unlawful Entry.................. SB 476 Use of Threat or Force in Defense of Self or Personal Property.........................HB 1360 Used Motor Vehicles; restrict selling or advertising without title........................ SB 692 Used Vehicles Parked, Displayed for Sale; unlawful activities............................HB 1683 Vandalism to a Place of Worship Causing Injuries; penalty ................................. SB 226 Wills, Trusts, Estates; Pre-1998 Probate Code; Revised Probate Code..............HB 1226 Zoning Classification Changes on Annexed or Deannexed Property.................... SB 600 Zoning Hearings; signs posted by local governing authority................................. SB 521 Zoning Procedures; special use permits; final decision; ordinances...................... SB 573
PROPERTY CONVEYANCES (Also See State Government) Baldwin County; old State Capitol; deed certain parcels to Presbyterian and Episcopal Churches................................................................................................. SR 495 Baldwin County; sell surplus lands and 72 houses and parcels........................... SR 493 Baldwin County; sell surplus tract to American Red Cross Chapter................... SR 494 Baldwin County; sell 72 surplus houses and parcels............................................. SR 496 Baldwin County; state properties inventory; committee to study......................... SR 151 Bibb, Chatham, Clarke, DeKalb, Dougherty, McDuffie, Muscogee, Richmond, Union Counties; grant easements..................................................................................... SR 530 Bibb County; certain tract for road improvements;................................................HR 829 Blackburn State Park; sell surplus land to Lumpkin County............................... SR 581 Chatham County; Bull River Yacht Club Marina; restaurant facility.................. SR 627 Chatham County; Causton's Bluff area; Theodore I. Jockisch.............................. SR 489 Chatham County; exchange marshland, highground Causton Bluff area............ SR 527 Cobb County; lease agreement with City of Marietta............................................ SR 489 Cobb, Gwinnett, Paulding and Gordon Counties. ...................................................HR 935 DeKalb County; authorize sale of Brook Run Mental Health Campus................ SR 481 DeKalb County; Ga. Mental Health Institute Campus; authorize sale................ SR 635 Douglas-Coffee County Industrial Authority; property exchange.......................... SR 488 Douglas-Coffee County Industrial Authority; property exchange.......................... SR 489 Franklin, Bibb and Richmond Counties; road improvements................................HR 825 Fulton County; lease Freedom Parkway right of way to Carter Center, Inc. and to City of Atlanta.......................................................................................................HR 1067 Fulton County; roadside park, Freedom Parkway; Carter Center lease.............. SR 638 Hancock, Appling and Atlanta-Fulton Counties; authorizing................................ SR 560 Savannah; DHR Regional Office Building; City building new facility ...............HR 1187 Tift County Development Authority; quitclaim deed; affirm title.........................HR 778 White County; resolving encroachment; Sidney W. and Sherry Shortt................ SR 489
PROSECUTING ATTORNEYS' COUNCIL; Training Personnel Employed by District Attorneys...................................................................................................................... SB 523
PROSTITUTION; offense of pandering; increase penalties, fines; publish conviction notice; release test results......................................................................................... SB 158
PSYCHOTHERAPY PRACTITIONERS (Also See Therapists) Clinical Social Workers for Nursing Homes; Medicaid reimbursement................ SB 308 Emergency Evaluation; incapacitated adults temporarily out of state................... SB 37 Hypnotherapist Licensure Act; scope and duties of practice................................. SB 345 Mental Disorders; prohibit health insurers impose treatment limits................... SB 245
Refer to numerical index for page numbers

2440

JOURNAL OF THE SENATE

PSYCHOTHERAPY PRACTITIONERS (Continued) Mental Health Involuntary Treatment Emergency Evaluation Orders.................. SB 99 Professional Counselors; licensing; exception; employees of certain state agency or department.................................................................................................................HB 96 Psychologists; licenses to persons licensed other state; board investigation of complaints ................................................................................................................HB 274 Treatment of Mental Disorders; health insurance coverage.................................. SB 620
PUBLIC ASSISTANCE (Also See Social Services or Human Resources or Medicaid) AFDC Benefits; require name child's father on birth certificate.......................... SB 195 Children's Health Insurance Coverage for the Uninsured; co-payments ............. SB 410 Health Care Expenses; co-payments; Market Based Medicaid Reform Act......... SB 527 Medicaid; children's health insurance; private market initiatives........................ SR 525 Medicaid; create PeachCare for Kids Program; health care services.................... SB 410 Medicaid; enrolling recipients in an HMO; marketing restrictions ...................... SB 390 Medicaid; enrollment of recipients in HMO plans; improper marketing ...........HB 1408 Medicaid Fraud; seizure of property; bonds; unintentional errors......................HB 1440 Medicaid, Market Based Reform Act; establish pilot program.............................. SB 260 Medicaid Patients; prescription drug services; change restrictions....................... SB 139 Medicaid; providers committing certain offenses; deny participation..................... SB 44 Medicaid Providers; payment denied; administrative hearings...........................HB 1387 Medicaid; reimbursement; clinical social workers for nursing homes .................. SB 308 Medicaid; reimbursement; independent diagnostic radiology services.................. SB 238 Medicaid; reimbursement to institutions for mental diseases.............................HB 1179 Medicaid; Study Committee on Appropriate Medicaid Reform; create................. SR 371 Teenage Recipients; require parenting education and home economics................. SB 41 Unwed Mothers; liability of fathers for child support; enforcement....................... SB 58
PUBLIC EDUCATION REFORM ACT OF 1997........................................................ SB 387
PUBLIC ENVIRONMENTAL ENFORCEMENT ACT OF 1997............................... SB 174
PUBLIC HEALTH County Boards, Departments of Health and Wellness; change in name ...........HB 1412 Infectious Diseases; testing for sexually transmitted diseases; prostitution convictions................................................................................................................ SB 158 Nonprofit Food Sales at Fairs or Festivals; permits.............................................HB 1576 Public Swimming Pools; regulations; cite as 'Michelle's Law'............................... SB 438 Venereal Diseases; female chlamydia screening; insurance coverage.................HB 1565
PUBLIC MEETINGS, RECORDS Hospital Authorities; business transactions; financial disclosure ......................... SB 220 Pardons and Paroles Board; citizen input; electronic call system........................... SB 23 Pardons and Paroles Board; votes cast by members; release to public................ SB 201 Records Disclosure; sexually violent predators.......................................................... SB 39 Sex Crime Offenders; notices of release; residency restrictions............................ SB 375 State Agencies; records disclosure; privacy of personal information .................... SB 135
PUBLIC OFFICERS AND EMPLOYEES (Also See State Government or Specific Agency) Abuse of Government Office; certain personal property sales.............................HB 1542 Agriculture Commissioner; powers; subpoenas; records inspection....................... SB 102
Refer to numerical index for page numbers

INDEX

2441

PUBLIC OFFICERS AND EMPLOYEES (Continued) Attorney General; legal opinion; campaign contribution violations...................... SB 546 Commissioner of Corrections; change name to Commissioner of Prisons............ SB 671 Commissioner of Transportation; membership on Information Technology Policy Council...................................................................................................................... SB 555 Confidentiality in Disclosing Fraud, Waste, Abuse in State Programs to General Assembly Members; retaliatory actions prohibited...........................................HB 1511 Conflicts of Interest; state organizations; nonprofit contractors ........................... SB 474 Correctional Officers Disabled in Line of Duty; disability benefits ...................... SB 326 County Officers and Employees; election of health benefits plan......................... SB 485 District Attorneys; retirees; reestablishing health coverage................................HB 1423 Drug Testing for Illegal Drugs; certain elected state officers................................ SB 455 Elected Officials; candidates for office; prohibited agency mailings..................... SB 268 Elections; campaign financing; small contributors; study of................................. SR 270 Elections; primaries to nominate candidates; change the dates ........................... SB 204 Employment Eligibility; Military Selective Service registration ...........................HB 946 Executive Officers Qualifying as Candidates for Re-election; prohibit mass mailing at state expense ...........................................................................................................HB 873 General Assembly Members; crediting time toward Teachers Retirement.......... SB 277 General Assembly Members; election campaign expenditure limitations ............ SB 248 General Assembly Members; term limitations; six two-year terms...................... SR 216 General Assembly Training Institute; create ........................................................HB 1225 Hours Worked Overtime; compensation; fair employment practices..................... SB 700 Indemnification; DOT Highway Employees working hazardous conditions......... SB 117 Indemnification of National Guard Members and Firemen................................... SB 592 Information Technology Policy Council; additional members...............................HB 1404 Judicial Budget Administration; salaries and other expenses.............................HB 1617 Judicial Retirement System, Georgia; create; combine 3 systems........................HB 751 Law Enforcement; active or retired officers; carrying of firearms........................ SB 427 Law Enforcement Officers Engaging in Political Activities..................................... SB 53 Law Enforcement Officers; fitness for duty; mental health records..................... SB 599 Law Enforcement Officers; psychological evaluations; disclosure .......................HB 1410 Local School Superintendents; provide for election .................................................. SR 76 Medical Examiners; duties; investigation of child deaths...................................... SB 464 Medical Examiners; duties; investigation of child deaths; reports ....................... SB 473 Merit System Personnel; adverse actions; appeals; hearing notice.....................HB 1423 National Guard; serve as honor guards for veterans' funerals............................. SB 463 OCGA Title 45; code revisions and modernizations .............................................HB 1228 Official Oath of Office; not holder of unaccounted public moneys........................HB 458 Peace Officers; minimum salaries; need for adequate funding.............................. SR 586 Public Employees; prohibition against labor strikes, work stoppage..................HB 1373 Public Office; persons ineligible; defaulting taxpayers............................................... SR 6 Public Officers; nomination as candidates by political bodies............................... SB 551 Public Officials Holding Elective Office; recall petitions........................................HB 942 Public Officials; restrict the naming of state property for..................................... SB 453 Public Service Commission; elections; 5 single-member districts ...........................HB 95 Records Revealing Personal ID; when disclosure not required...........................HB 1499 Secretary of State; membership on State Properties Commission........................ SB 172
Refer to numerical index for page numbers

2442

JOURNAL OF THE SENATE

PUBLIC OFFICERS AND EMPLOYEES (Continued) Senate Members; election to four-year terms; amend Constitution...................... SR 161 Senate Members; minimum age to be elected; amend Constitution....................... SR 41 Soil and Water Conservation District Supervisors; financial data......................HB 1295 Southern Dairy Compact Commission to Regulate Milk Prices; create............... SB 420 Sports Hall of Fame Authority; members; per diem; powers, duties..................HB 1419 State Board of Education; election of members by General Assembly................... SR 37 State Office Campaign Finance Joint Study Committee; create........................... SR 255 State Office Campaign Finance Study Committee; create..................................... SR 254 State School Superintendent; nonpartisan election................................................ SR 612 State School Superintendent; qualifications for office............................................ SR 170 State School Superintendent; qualifications; repeal provisions............................. SB 236
PUBLIC RECORDS Birth Registration; filing in county in which birth mother resides...................... SB 579 Business and Industry Recruitment; specific identity protected............................. SB 12 Criminal History Records of Prospective Renters; disclosure................................HB 122 Disclosure Not Required for Records Identifying Judges, Prosecutors, Law Enforcement or Correctional Employees.............................................................HB 1499 Emergency 911 Systems; performance reports; public inspection.........................HB 278 Financial Institutions; departmental records; confidentiality..............................HB 1354 Historical Records Management, Documentary Heritage; commend.................... SR 616 Inmate Parole Considerations; citizen input; electronic call system....................... SB 23 Inspection; drug tests results; certain elected state officers.................................. SB 455 Motor Vehicle Registration Records; release of personal information .................. SB 622 Open Records; investigations; death of child in custodial care............................. SB 473 Pardons and Paroles Board; votes cast by members; public inspection............... SB 201 Public Inspection Compliance; enforcement by Attorney General ......................HB 1549 Sexually Violent Predators; registration with sheriffs office; posting information; notices to educational institutions........................................................................... SB 39 Social Security Numbers Are Confidential, Not Subject to Disclosure.................HB 744 State Agencies; restrict disclose certain personal information..............................SB 135 State Agencies; scheduled or called meetings; posting notices.............................. SB 469
PUBLIC RETIREMENT SYSTEMS STANDARDS LAW (See Retirement and Pensions)
PUBLIC SAFETY (Also See Motor Vehicles or Law Enforcement) Commercial Vehicle Safety Division; state enforcement officers........................... SB 553 Department; joint Driver Education course in public schools............................... SB 588 Department; motor vehicle registrants; verify owners have required liability insurance; reinstatement fees................................................................................ SB 538 Department; patrol Gateway Center Safety Rest Area; Cobb County.................. SB 693 Dispatch Center Communications Officers; required TDD training.....................HB 812 Driver's License; eligibility; private or home school enrollment........................... SB 602 Driver's License; fingerprinting of applicants; religious exemption...................... SB 439 Driver's License, ID Cards; repeal fingerprinting requirement................................. SB 2 Driver's Licenses; delete fingerprint requirements................................................. SB 164 Emergency Telephone Number 911; duties of public safety responder................ SB 379 Emergency 911 Telephone Systems; performance reports; inspection..................HB 278 Law Enforcement Personnel Injured Line of Duty; disability benefits ................ SB 291 Motor Vehicle Registration and Titles; records inspection, release....................... SB 622
Refer to numerical index for page numbers

INDEX

2443

PUBLIC SAFETY (Continued) Peace Officers; honorary fishing licenses................................................................. SB 422 Peace Officers; minimum salaries; recognizing critical needs ............................... SR 586 State Patrol; applicants for position of trooper; eligibility..................................... SB 586 Training Center; appropriated funds; percentage of employed officers................ SB 200 Vehicle Emergencies; require certain reflectors, roadway placement................... SB 394
PUBLIC SCHOOL EMPLOYEES RETIREMENT Retired Members or Beneficiaries; increase monthly benefits...............................HB 381 Retirees; health insurance coverage ......................................................................... SB 534 Retiring and Retired Employees; health insurance coverage..............................HB 1273 Survivor Benefits; payment to a secondary beneficiary.......................................HB 1096 Unmarried Retirees; establishing spousal benefits upon marriage ....................HB 1082
PUBLIC SCHOOLS (See Education or Schools)
PUBLIC SERVICE COMMISSION Exemption from Regulation of Certain Private Toll Roads, Bridges..................HB 1486 Limousine Carriers; certificate of public convenience; requirements.................... SB 310 Members; election from 5 single-member districts; qualifications..........................HB 95 Motor Carriers; commercial vehicle enforcement; transfer functions from PSC to Public Safety Department...................................................................................... SB 553 Regulate Routes and Shipment of Nuclear Fuel and Radioactive Waste............. SB 548 Telecommunications Companies; service charges; customer authorize................. SB 680 Telecommunications Marketing Act of 1998; violations; sanctions.....................HB 1130 Telephone Companies; charges for new or changed customer services................ SB 522 Telephone Subscribers; inclusion on PSC database to block unsolicited calls; $5.00 fee charge.........................................................................................................................HB 71 Utilities; municipal service providers; nondiscrimmatory access.......................... SB 343
PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation) Blasting or Excavating Near Underground Water, Sewage Facilities................HB 1098 Electricians; Journeyman Licensing Act; qualifications; renewal.......................... SB 597 Emergency Telephone 911 System Funds; authorized disbursements.................. SB 237 Emergency Telephone 911 Systems; expand state-wide; impose charges to wireless, mobile connection users; Advisory Committee..................................................... SB 572 Franchise Fees and Conditions, Public Rights of Way and Tax Implications; joint committee to study.................................................................................................. SR 544 Gas, Electric, Telephone Companies; customer payment centers.......................... SB 653 Gas, Electric, Telephone Company Payment Center Contracts............................. SB 654 Highways; revise state developmental highway projects........................................ SB 314 Local Governing Authorities Providing Utility Services; contracts.....................HB 1160 Municipal Corporation Free Enterprise Encouragement Act................................. SB 343 OCGA Title 46; code revisions and modernizations .............................................HB 1228 Outdoor Advertising Signs; permits; regulations; tree trimming.......................... SB 337 Public Service Commission; elections; 5 single-member districts ...........................HB 95 Public Transit Buses, Rapid Rail; prohibited conduct; penalties.......................... SB 444 Telecommunication Companies; service charges; customer authorize................... SB 680 Telecommunications Marketing Act of 1998; enact...............................................HB 1130 Telephone Companies; customer invoices; new or changed services..................... SB 522
Refer to numerical index for page numbers

2444

JOURNAL OF THE SENATE

PUBLIC UTILITIES AND TRANSPORTATION (Continued) Telephone Customer's Primary Long Distance or Local Carrier, Study Committee on Unauthorized Changes ........................................................................................... SR 732 Telephone Subscribers; blocking unsolicited calls; PSC database...........................HB 71 Transportation Projects; pedestrian walkways, bicycle facilities........................... SB 145
PUTNAM COUNTY Designate; Donald Ridley Bridge on State Route 24............................................HR 1029 Superior Court; Ocmulgee Judicial Circuit; additional judge.................................. SB 77
PUTNAM COUNTY HIGH SCHOOL LADY BASKETBALL TEAM; commend..... SR 753
Q
QUALITY BASIC EDUCATION ACT (Also See Education) Blue Ribbon Study Committee on Funding; reauthorization................................. SR 467 Charter Schools Act of 1998; enact; provide Office of Compliance .......................HB 353 Educational Grants for Lengthening School Year to 200 or 220 Days.................HB 244 Educational Information Network; status of students; reports to PSD................ SB 678 Employees Participation in J. William Fulbright Exchange Program ................HB 1185 Funding Formula; joint after-school programs for at-risk students...................... SB 404 Funding Formula; student enrollment count; high school programs.................... SB 565 Funding Formula; student program counts; high schools...................................... SB 447 Funding; waiver for certain middle schools; phase-in reductions for merged systems; hire foreign language teachers .............................................................................. SB 491 Georgia Education Local Control Act of 1997......................................................... SB 381 Grant Programs Targeting At-Risk Students; local systems may apply................ SB 97 Grants; middle school programs; delete certain qualifying provision................... SB 331 Joint Schools or Schools; interdistrict governing body to manage........................ SB 576 Local Fair Share Formula; alternative method of calculating............................... SB 193 Local Fair Share Funds; systems experiencing increased student count............. SB 192 Local School Districts Capital Outlay Expenditures; funding method................. SB 377 Local School Systems; contracts with other educational entities.......................... SB 336 Public Education Reform Act of 1997 ...................................................................... SB 387 QBE Formula; program weights; instructional programs; media center..............HB 409 QBE; midterm adjustment amount; personnel training and experience.............. SB 194 QBE; program weights; maximum K-2 students taught by one teacher............... SB 60
QUALLS, COTRELL; sang inspirational song......................................................... Page 817
QUITMAN COUNTY; Water and Sewerage Authority; create ...............................HB 1574
R
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT, RICO Street Gang Terrorism and Prevention Act...........................................................HB 1391
RADAR SPEED DETECTION DEVICES; permits; regulate use certain areas .....HB 190
RADIOLOGY; independent diagnostic services; Medicaid reimbursement.............. SB 238
RADIOS; Amateur Operators and Clubs Field Day; honoring.................................. SR 485
RAHMAN, MALIKA ABDUR; commend ..................................................................... SR 765
Refer to numerical index for page numbers

INDEX

2445

RAILROADS Norfolk Southern Railroad Freight Facility in Austell; opposing.......................... SR 614 Relative Conrail Acquisition Plan; support balanced competition, competitive freight service and rail passenger corridors ..................................................................... SR 178 Surface Transportation Programs; create committee to study.............................. SR 303 Transportation Facilities and Impact on State; committee to study....................HR 464
RALSTON, DAVID; Senator, District 51; commend................................................... SR 817
RAMPLEY, C.D.; commend........................................................................................... SR 734
RAPE Crimes Against Children; persons not eligible parole, early release.................... SB 470 Health Insurers; discriminatory acts against victims of violence ......................... SB 186 Sexual Crimes Against Children; rape; punishment; death penalty....................HB 801
RAWLINGS, LARRY; commend.................................................................................... SR 565
READ ACROSS AMERICA CAMPAIGN; endorsing.................................................. SR 678
REAL ESTATE (Also See Property or Professions) Actions for Damage to Realty Arising from Synthetic Stucco.............................HB 1157 Agents; restrict power of attorney to transfer property ownership ........................HB 55 Appraisers, Brokers, Salespersons; licensure; classification; trust, escrow accounts; prohibited conduct; sanctions...............................................................................HB 1263 Appraisers; license suspension; nonpayment of student loan................................HB 884 Condemnation Procedures; assessors; costs; acquisitions; notices.........................HB 155 Housing Affordability; effect of proposed legislation, agency rules....................... SB 275 Information Disclosure; exemption; state, federal Fair Housing law..................HB 1274 Land Surveyors; surveys or plats; damage actions; limitation period.................. SB 147 Land Zoned for Commercial Use; tort liability of owner; insurance .................... SB 388 Loans; mortgage brokers, lender licenses; revise banking provisions ................HB 1354 Mortgage Lenders; homeowners insurance premiums; payment liability ............HB 478 Property Liens; request to have lien marked void of record................................. SB 508 Property; rebuttable presumption of a gift by the parent to child....................... SB 230 Real Estate Transfer Tax; increase by $1.00; amend Constitution....................... SR 532 Real Estate Transfer Tax; increase rate; proceeds for Land, Water, Wildlife and Recreation Heritage Fund...................................................................................... SB 496 Transfer Tax; increase rate; proceeds for certain Heritage Fund.......................HB 1551 Trespass Upon or Damage to Realty; periods of limitation of actions.................HB 251
REAPPORTIONMENT House of Representatives; Districts 84 and 87; descriptions...............................HB 1702 House of Representatives; reapportion election districts 156, 157, 165, 166, 172, 173 and 174...................................................................................................................HB 1502 Senatorial Districts 3 and 6; change descriptions .................................................. SB 644 Senatorial Districts 34 and 44; change descriptions .............................................. SB 642 Senatorial Districts 48 and 56; change descriptions .............................................. SB 250
RECORDINGS, AUDIO; provided by State for Newborn Children; content........... SB 468
RECREATION AND PARKS ASSOCIATION, GEORGIA; recognizing.................... SR 608
RECYCLING Beverage Containers; refundable deposit-redemption incentives .......................... SB 191 Recycling and Economic Development Study Committee; create.......................... SR 112
Refer to numerical index for page numbers

2446

JOURNAL OF THE SENATE

RECYCLING (Continued) Recycling and Solid Waste Reduction Fund; amend Constitution .......................... SR 56 Scrap Tire Management Fees; legislative intent; industrial reuses...................... SR 758 Special License Plates to Promote; fees for solid waste trust fund........................ SB 63 State Institutions; use of recycled content paper; 95% requirement.................... SB 574
REDDISH-WARREN FAMILIES OF WAYNE COUNTY; honor by naming highway Bypass..........................................................................................................................HR 741
REGIONAL DEVELOPMENT CENTERS Creation of For-profit Corporations; participate in federal program .................... SB 389 Nonprofit Contractors for State Programs; financial accountability..................... SB 474 Vehicles Purchased With Public Funds; identifying decal or seal ......................HB 1461
RELIGIOUS BELIEFS Facial Coverings for Religious Belief; exception to prohibition............................. SB 428 Religious Beliefs; exempt driver's license fingerprint requirement....................... SB 439 Religious Freedom Amendment to U.S. Constitution; urge support of................. SR 761
RENTAL TRANSACTIONS (Also See Landlord) Excise Taxes on Rental Vehicles; filing return; accounting method ...................HB 1582 False Advertising of Vehicle Rental Rates; penalty................................................ SB 621 Landlord and Tenant; dispossessory procedures; payment of rent....................... SB 525 Landlord and Tenant; dispossessory proceedings for rent due; appeals............... SB 488 Landlords; premises in need of repairs; remedies for tenants.............................. SB 223 Owners of Rental Dwellings; criminal records of prospective renters..................HB 122 Rental Motor Vehicle Agreements; collision damage waivers................................ SB 167 Rental Property; landlords; disclose name, address, telephone number.............. SB 281
RESIDENTIAL PROPERTY; Home Improvement Contract Regulation Act........... SB 295
RESTAURANTS (See Food Service Establishments)
RETIREMENT AND PENSIONS District Attorneys; transfer to new Judicial Retirement System..........................HB 751 Emergency Medical Technicians; study a public retirement system .................... SR 681 Employees of Legislative Counsel and Attorney General's Office; membership in new Georgia Judicial Retirement System.....................................................................HB 751 Employees' Retirement; transfer membership due employment change ..............HB 661 Employees Retirement; transfer of credit; certain court employees ...................HB 1088 Employees' System; appellate court judges; reduce retirement age .......................HB 56 Employees System; benefit calculation; highest average compensation ...............HB 886 Employees' System; creditable service; legislative branch employees ................HB 1103 Employees System'; creditable service; military service; former teachers employed by U.S. Defense Department....................................................................................... SB 109 Employees' System; disability benefits; law enforcement personnel..................... SB 291 Employees' System; disability benefits; parole, probation officers........................ SB 326 Employees' System; members; retire after 25 years; reduced benefits.................HB 443 Employees' System; membership; employees of district attorneys........................HB 724 Employees' System; membership; employees of district attorneys........................HB 937 Employees System; membership options; Lottery Corporation employees...........HB 441
Refer to numerical index for page numbers

INDEX

2447

RETIREMENT AND PENSIONS (Continued) Employees' System; options for employees of Lottery Corporation....................... SB 290 Employees' System; options; persons first employed age 60 or later ...................HB 936 Employees' System; prior service credit; employees of Foundation for Public Broadcasting............................................................................................................HB 885 Employees' System; prior service credit; executive branch employee...................HB 944 Employees' System; retirees; spousal benefit option...............................................HB 442 Firelighters' Fund; creditable service; 5 years prior service................................HB 1071 Firelighters' Pension Fund; benefits; member dies but not retired ......................HB 338 Firefighters' Pension Fund; members; prior service credit ....................................HB 336 Firemen's Pension Fund; expand membership to certain firefighters.................. SB 128 Georgia Lottery Corporation Employees; retirement plan options........................HB 441 Georgia Military Pension Fund; creation................................................................. SB 168 Georgia Military Pension Fund; creation................................................................. SB 322 Income Tax; retirement income; increase exclusion amount ...............................HB 1424 Judicial Retirement System, Georgia; new retirement system created................HB 751 National Guard Members; create a Georgia Military Pension Fund.................... SB 168 National Guard Members; establish a Georgia Military Pension Fund............... SB 322 OCGA Title 47; correct errors and omissions........................................................HB 1227 Peace Officers' Fund; membership; certain DCYS employees ...............................HB 759 Probate Court Judges; computation of benefits; increase salary cap....................HB 780 Public School Employees; retirees, beneficiaries; increase benefits ......................HB 381 Public School Employees; retirees; health insurance coverage.............................. SB 534 Public School Employees; retirees; health insurance coverage............................HB 1273 Public School Employees; retirees; spousal benefits upon marriage...................HB 1082 Sheriffs Fund; benefits when spouse predeceases retired member.......................HB 464 Superior Court Clerks' Fund; investing assets; benefit increases.........................HB 571 Superior Court Judges; retirees; 16 service years; benefit increase .......................HB 88 Superior Court Judges; transfer to new Judicial Retirement System..................HB 751 Survivor Benefits; allow payment to a secondary beneficiary.............................HB 1096 Teachers Retirement; beneficiaries under Regents Retirement Plan....................HB 943 Teachers Retirement; beneficiary accepting employment....................................... SB 558 Teachers Retirement; change in employment; transfer of membership ...............HB 661 Teachers Retirement; creditable service; accumulated sick leave .........................HB 203 Teachers Retirement; creditable service; forfeited leave .......................................... SB 79 Teachers Retirement; creditable service; teaching in private school.................... SB 328 Teachers Retirement; creditable service; U.S. Defense Department..................... SB 108 Teachers Retirement; crediting of time; General Assembly members.................. SB 277 Teachers Retirement; membership; employees of charter schools........................... SB 70 Teachers Retirement; retiree benefits; person predeceases member...................HB 1081 Trial Judges and Solicitors; transfer to Judicial Retirement System...................HB 751
REVENUE AND TAXATION Ad Valorem; assessment notices; refund taxes when difference between assessed value and lower sales price.................................................................................... SB 529 Ad Valorem; conservation use property assessment; renewal covenants ...........HB 1365 Ad Valorem; distribution of delinquent tax penalties, interest ...........................HB 1178 Ad Valorem; eliminate state taxes on tangible property; exception...................... SR 541
Refer to numerical index for page numbers

2448

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued) Ad Valorem; exempt commercial printing performed for a nonresident ............HB 1535 Ad Valorem; exemption; livestock............................................................................. SB 419 Ad Valorem; exemption; livestock, farm products, trees and plants...................HB 1350 Ad Valorem; exemption; properties owned by religious organizations................HB 1388 Ad Valorem; exemption; vehicles leased to disabled veterans............................... SB 489 Ad Valorem; exemption; vehicles owned by former POW's; referendum............HB 1145 Ad Valorem; freeport exemption; agricultural and inventory property ..............HB 1178 Ad Valorem; homestead exemption; absence due to health reasons...................HB 1174 Ad Valorem; homestead exemption; qualification; recorded deed........................HB 1474 Ad Valorem; homestead exemption; senior citizens age 65 or over...................... SB 626 Ad Valorem; homestead exemptions; applicant filing deadlines..........................HB 1464 Ad Valorem; homestead property exemption based senior age, income ............... SB 663 Ad Valorem; homestead property tax exemption; persons age 70......................... SB 550 Ad Valorem; preferential or current use tax assessment of property.................HB 1189 Ad Valorem; property appraisal; no more than purchase price value.................. SR 558 Ad Valorem; Residential Property Assessment; freeze existing values ................ SR 472 Ad Valorem Tax Digests; time for revisions, assessments, appeals...................... SB 137 Ad Valorem; taxation of heavy-duty equipment motor vehicles..........................HB 1324 Ad Valorem; taxpayer appeals of assessments; time period.................................. SB 137 Ad Valorem; vehicles subject to taxation; plates issued to owners....................... SB 115 Alcoholic Beverage Licensees; sales to underage persons; penalties.................... SB 266 Alcoholic Beverages; permitting, licensing retail sales; locations ......................... SB 111 Appropriations, Amend SFY 1997-1998; reallocate certain funds.......................HB 1167 Appropriations, General SFY 1998-1999................................................................HB 1250 Appropriations, Supplemental; Year 2000 computer compliance issues.............HB 1166 Appropriations; taxpayer refund of unappropriated surplus funds....................... SR 533 Appropriations; total outlays; prohibit exceed revenue sources ............................ SR 248 Automobile Taxation; joint committee to study simpler methods......................... SR 271 Automobile Taxation; Senate committee to study simpler methods..................... SR 272 Bond Issuance Practices, Procedures; committee to study..................................... SR 290 Business and Occupation Taxes; assisted living facilities......................................HB 287 Coin Operated Amusement Machines; annual permit decal................................HB 1294 Commercial Printing Behalf of a Nonresident; grant no situs status................HB 1535 DUI Penalties; allocate for Brain and Spinal Injury Trust Fund......................... SR 144 Emergency Telephone System Fund; collection of monthly charges..................... SB 572 Excise Tax on Rental Vehicles; cash, credit charges; filing return.....................HB 1582 Excise Taxes; exemption; motor fuel for vehicle used in agriculture .................HB 1175 Excise Taxes Funding Certain Public Facilities; moratorium on sewer connections not applicable ................................................................................................................... SB 19 Excise Taxes; hotel-motel; guest charges; cap aggregate tax rate ........................HB 609 Excise Taxes; hotel-motel; levy for certain trade center; museums ......................HB 706 Excise Taxes; hotel-motel; levy for multipurpose domed stadium ......................HB 1631 Exemption; ad valorem for educational purposes; persons age 70 ....................... SB 550 Exemption; ad valorem; senior citizens age 65; referendum................................. SB 663 Exemption; ad valorem tax on leased vehicles; disabled veteran......................... SB 489 Exemption; ad valorem taxes; surviving spouses age 65 or over.......................... SB 626 General Assembly; fiscal affairs subcommittees; budget transfers....................... SB 197 Grants to Local Governments; certify as to use of state funds...........................HB 1364
Refer to numerical index for page numbers

INDEX

2449

REVENUE AND TAXATION (Continued) Income Tax; corporations; apportionment formula; new facilities.......................HB 1353 Income Tax; credit; caregiving expenses for disabled family member................HB 1513 Income Tax; credit; disabled persons; certain home expenses.............................HB 1621 Income Tax; credit; jobs created; investments; carry-forward period..................HB 1596 Income Tax; credit; product exports, port traffic creating jobs ...........................HB 1667 Income Tax; credits; low-emission, 'Clean Fueled' vehicle ownership ................HB 1161 Income Tax; credits; low-emission, 'Clean Fueled' Vehicles.................................HB 1596 Income Tax; deduction; employer social security tax credit.................................HB 1437 Income Tax; deduction; self-employed health care insurance costs ....................HB 1116 Income Tax; exclusion of retirement income; increase amount...........................HB 1424 Income Tax; exemption; interest earned on medical savings accounts................. SB 279 Income Tax; exemptions, deductions; economic inflation adjustments................. SB 539 Income Tax Reform; create joint commission to study........................................... SR 593 Income Tax Refund Setoff; persons owing money to public agencies...................HB 674 Income Tax; refunds; contribution to Silver-Haired Legislature Fund................. SB 151 Income Tax; taxpayer personal deduction allowance; increase amount..............HB 1162 Intangible Recording Tax; person responsible for collecting................................HB 1522 Internal Revenue Code; incorporate federal law into Georgia law.....................HB 1596 Judicial Sales; advertisements; legal description of property..............................HB 1406 Land, Water, Wildlife, and Recreation Heritage Fund; creation........................... SR 532 Legislation for Revenue or to Appropriate Money; introduction............................. SR 55 Legislation Providing or Increasing State Taxes, Fees, Assessments or Charges; approval by 2/3's of General Assembly................................................................. SR 147 Local Assistance Grants; joint committee to study funds allocation.................... SR 674 Local Government Authorities Sunset Act; obligations and assets....................... SB 561 Local Option Sales Tax; referendum elections to decide imposition..................... SB 264 Local Revenue-Sharing; Multijurisdictional Service Commissions........................ SR 564 Local Tax Obligations; projects under Redevelopment Powers Law...................HB 1485 Marine Vessels, Outboard Motors, Charter Boats, Marinas, Dealers; registration, number, title............................................................................................................ SB 515 Motor Vehicle Registration Period; calendar month of birthday........................... SB 601 OCGA Title 48; code revisions and modernizations .............................................HB 1228 Persons Defaulting on Taxes Owed Ineligible Hold Public Office............................. SR 6 Property Tax Revenues; Blue Ribbon Study Committee on Funding QBE.......... SR 467 Property Tax Study Committee; create.................................................................... SR 274 Property Taxes, Joint Committee to Study; create................................................. SR 275 Real Estate Transfer Tax; increase rate; proceeds for Heritage Fund...............HB 1551 Real Estate Transfer Tax; increase rate to fund Land, Water, Wildlife and Recreation Heritage Fund ......................................................................................................... SB 496 Real Estate Transfer Tax; increase tax to fund the Heritage Fund..................... SR 532 Revenue Bonds; Georgia Education Authority (University) GEA(U).................... SB 292 Revenue Bonds; issuance by Georgia Golf Hall of Fame Authority ...................HB 1126 Roadside Enhancement and Beautification Fund; dedicated revenues ................ SR 559 Roadside Enhancement and Beautification Projects; revenue from special wildflower license plate sales ................................................................................................... SB 337 Sales Tax; exempt commercial printing performed for a nonresident................HB 1535
Refer to numerical index for page numbers

2450

JOURNAL OF THE SENATE

REVENUE AND TAXATION (Continued) Sales Tax; exemption; diabetic supplies, grass sod, scout sales, ad inserts, victim caskets; tax out-out-state purchases ...................................................................HB 1656 Sales Tax; exemption; motor fuel used in commercial fishing.............................. SB 362 Sales Tax for Education; proceeds distribution formula by local Act.................HB 1520 Sales Tax; local option for education; resolution to impose tax............................ SB 517 Sales Tax; local special purpose taxation; referendum elections........................... SB 264 Sales Tax; reporting sales; deduction of bad credit card debts ...........................HB 1660 Sales Tax; special county 1%; contents of annual audit report...........................HB 1433 Sales Tax; special county 1%; expend proceeds for voting equipment ...............HB 1467 Sales Tax; state and local unidentifiable proceeds; distribution .........................HB 1784 State Sovereignty and Federal Tax Funds Act........................................................ SB 684 Tax Collectors and Commissioners; increase minimum annual salary ..............HB 1413 Tax Executions; ad valorem; less than $5.; statute of limitations......................HB 1368 Tax Executions; selling and transferring in lot blocks...........................................HB 185 Taxpayer Refunds; ad valorem, income taxes; amend Constitution ..................... SR 533
REVENUE BONDS Georgia Education Authority (University) GEA(U); funded projects.................... SB 292 Georgia Golf Hall of Fame Authority, Board; issuance; investments.................HB 1126 Local Tax Obligations; projects under Redevelopment Powers Law...................HB 1485 State and Local Bond Issuance Procedures; committee to study.......................... SR 290
RICEBORO, CITY OF; change corporate limits .......................................................HB 1503
RICHARDSON, KIBBIE; commend.............................................................................. SR 505
RICHMOND COUNTY Augusta-Richmond County Coliseum Authority; appointment of members.........HB 216 Augusta-Richmond County Coliseum Authority; membership; appointment......... SB 11 Board of Commissioners; tie votes; chairperson-mayor.............................................. SB 9 Boards, Commissions, Committees, Authorities; appointment................................ SB 10 Certain Elected County Officials; compensation for official duties.......................HB 766 Commission-Council; power of mayor to veto actions of commission..................... SB 49 Georgia Golf Hall of Fame Authority and Board; powers, duties.......................HB 1126 Property Conveyance; easement to BellSouth Telecommunications and to AT&T Corporation.............................................................................................................. SR 530 Property Conveyance; Phinizy Road intersection improvement ............................HR 825
RIDGEWAY, DAVID P.; name bridge over Towaliga River; Butts County..............HR 847
RIDLEY, DONALD; name bridge State Route 24 to honor; Putnam County.......HR 1029
ROADSIDE ENHANCEMENT AND BEAUTIFICATION Council to Formulate Policies Relative Outdoor Advertising Signs...................... SB 337 Provide by General Law for Creation of Dedicated Revenue Fund From Special License Plate Sales ................................................................................................. SR 559
ROBBERY AND ARMED ROBBERY (Also See Crimes) Street Gang Terrorism and Prevention Act............................................................. SB 425
ROBERTS, RICHARD F. "BUDDY"; expressing condolences.................................... SR 747
ROCKDALE COUNTY; Board of Commissioner; filling of vacancies ....................HB 1721
RODGERS, JIMMY; condolences upon the passing................................................... SR 784
Refer to numerical index for page numbers

INDEX

2451

ROME FLOYD COUNTY CONSOLIDATION; advisory referendum election.......HB 1737
ROSS, GEORGE W. Commend; designate highway in City of Eton to honor........................................ SR 251 Designate highway to honor; Murray County.........................................................HR 215
ROSS, WILL; name railroad bridge to honor; Murray County...............................HR 1101
ROWE, GRANT G.; State Patrol Trooper; commend ................................................. SR 550
RURAL AREAS Access to Health Care; addressing shortage of essential providers...................... SB 594 Access to Rural Health Care Providers..................................................................HB 1798 Closing of Rural Hospitals; economic pressures; committee to study................... SR 841 Health Care for Rural and Underserved Georgians Day; recognizing................. SR 652 Health Manpower Shortage; recruitment of primary care physicians.................. SB 391 Health Professional Shortage Areas; federally funded clinics; urge Congress prohibit noncompete clauses................................................................................................. SR 692 Hospitals; rural and urban; uniform Medicaid reimbursement rate .................... SB 575 Physician Workforce Needs; state board develop training programs.................... SB 533
RUSH, DEWEY D.; designate the Dewey D. Rush Highway to honor....................HR 812
S
SACRED HEART CATHOLIC CHURCH OF ATLANTA; commend........................ SR 821
SADIE ACT; penalties to destroy or injure search and rescue dogs employed by fire departments...............................................................................................................HB 1425
SAFE DRIVERS' AWARENESS DAY; declaring......................................................... SR 669
SAFETY BELTS (See Seat Safety Belts or Motor Vehicles)
SAGGUS, DONALD R., JR.; name Bridge to honor memory; Wilkes County......HR 1154
SALES AND USE TAXES (Also See Revenue and Taxation) Dealer Reports; cash, credit sales; deduct bad credit card debts........................HB 1660 Exemption; blood glucose measuring strips; grass sod, scout sales, ad inserts, victim caskets....................................................................................................................HB 1656 Exemption; commercial printing performed for nonresident person...................HB 1535 Exemption; motor fuel used in commercial fishing ................................................ SB 362 Local Option for Educational Purposes; resolution requirements......................... SB 517 Local Taxes; cap aggregate tax rate levied upon hotel-motel charges..................HB 609 Out-of-State Purchases.............................................................................................HB 1656 Sales Tax for Education; proceeds distribution formula by local Act.................HB 1520 Special County 1% or Joint County-Municipal; referendum elections.................. SB 264 Special County 1%; proceeds; audit reporting requirements...............................HB 1433 Special County 1%; proceeds; expenditures for voting equipment......................HB 1467 Tax Funds; unidentifiable proceeds; distribute pro rata shares..........................HB 1784
SALES TECHNOLOGIES, INC. AND RONALD D. BROWN; recognize................. SR 754
SALTER, MRS. MARY ETTA ARKANSAS GUNN; 100th Birthday; congratulate................................................................................................................. SR 624
SANCHEZ, HONORABLE LORETTA AND SISTER TO SISTER DAY; commend...................................................................................................................... SR 604
Refer to numerical index for page numbers

2452

JOURNAL OF THE SENATE

SAVANNAH, CITY OF Ad Valorem; School District Taxes; senior citizen exemption..............................HB 1608 Chatham-Savannah Authority for the Homeless; membership; purposes..........HB 1811 City Manager; supervision of city personnel .........................................................HB 1031 Corporate Limits; change and expand....................................................................HB 1646 Property Conveyance; DHR Offices; City building new facility ..........................HR 1187 Ralph Mark Gilbert Civil Rights Museum; official state museum ....................... SB 366 St. Patrick's Day Parade Committee and Grand Marshal; commend................... SR 621
SAVANNAH HIGH SCHOOL MEN'S BASKETBALL TEAM; commend................. SR 759
SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance) Financial Accounts for TANF Recipients; urge 2-year pilot project....................... SR 49
SCHOLASTIC APTITUDE TESTS; Students Achieving Perfect Score; recognize...................................................................................................................... SR 563
SCHOLASTIC APTITUDE TESTS; SAT Review; test-taking skills course............... SB 85
SCHOOLS (Also See Education or Colleges or Teachers) Adapted Sports After-school Programs; committee to study.................................. SR 263 Buildings, Grounds; minimum distance for alcoholic beverage sales ................... SB 298 Care Teams for Educationally Challenged, Underperforniing Schools................. SB 447 Charter Schools Act of 1998; enact; provide Office of Compliance .......................HB 353 Computer Bulletin Boards, Web Sites, Home Pages Containing Materials Deemed Harmful to Minors; prohibited advertising.......................................................... SB 312 Disciplinary Procedures; committee to study concerns, reforms ........................... SR 632 Disruptive Students; disciplinary proceedings; expulsion; placement................... SB 614 Driver Education; high school curriculum credit; grants to support ....................HB 409 Driver Training; instructors in secondary schools; qualifications .......................HB 1299 Driver Training Programs; grants to support; curriculum credit......................... SB 445 Dropout Prevention; disadvantaged youth; job skills training................................ SB 68 Educational; Charter School Applications; learning improvement plans ............... SB 70 Funding Overcrowded Middle Schools; foreign language instruction................... SB 491 High School Students; career education; technology related training.................. SB 499 High School Technology Education Programs; use of lottery proceeds................. SB 462 Holidays; close November 11 to observe Veterans Day.......................................... SB 519 Home Study Programs; create joint committee to study ........................................... SR 4 Language Instruction; prohibit teaching of Ebonics................................................. SB 51 Loitering or Disruptive Conduct Prohibited; penalty............................................. SB 406 Mandatory School Attendance Age; change from age 16 to 17 years................... SB 106 Middle School Program Grants; delete certain qualifying provision .................... SB 331 Nutritionists, Food Service, Bus Drivers, Maintenance Staff................................ SR 646 POW/MIA Flag; display in public buildings and schools....................................... SB 426 Prescribed Courses; home economics including parenting education ..................... SB 41 Private; public tuition equalization scholarships .................................................... SB 259 Public School Facility Sites; county property; sale or disposition.......................HB 1550 Public School Sites, Facilities; exchange, lease of county property....................... SB 612 Random Student Drug Testing; committee to study issues, problems ..................... SR 5 School Buses; equipment requirements; passenger seat belts............................... SB 293 School Choice; public tuition assistance to attend private school......................... SB 259 School Choice; Study Committee on Controlled School Choice ............................. SR 366
Refer to numerical index for page numbers

INDEX

2453

SCHOOLS (Continued) School Choice Vouchers; create joint committee to study........................................ SR 21 School Choice Vouchers; create Senate Committee to study................................... SR 22 School Dropout Prevention; enrollment; driver's license requirements..................SB 38 School Dropouts; mandatory education to age 17; juvenile probationer .............. SB 106 School Support Personnel Study Committee; create............................................... SR 397 School Year; lengthening student days to 200 or 220; grants...............................HB 244 Sex Crime Offenders; prohibit reside proximity schools upon release................. SB 375 Student Code of Conduct; acts punishable by expulsion, suspension..................... SB 92 Student Discipline; chronic problems; when not readmitted classroom............... SB 129 Student Discipline; require uniform student dress code........................................ SB 305 Student Discipline; School Safety Act; juvenile criminal records.......................... SB 161 Students, Grades K-2; maximum number who may be taught by a teacher........ SB 60 Students in 3rd, 5th, 8th Grades; test scores for promotion................................. SB 429 Teachers and Personnel; medical assistance liability; study of............................. SR 677 Teachers, Food Service, Bus Drivers; decrease in salary supplements. ................ SB 29 Teachers; school year contracts; term of years renewable ..................................... SB 386 Test-taking Skills Course; preparation for SAT, other tests.................................... SB 85
SCOTT, BRANDELYN; commend................................................................................. SR 513
SCOTT, MRS. JANETTE; commend............................................................................ SR 837
SCOUT ORGANIZATIONS; fundraising food sales; Sales Tax Exemption...........HB 1656
SEAFOOD Commercial Fishing; motor fuel used to operate boats; tax exemption............... SB 362 Fishing; Creel, Possession, Size limits; seasons; certain species.........................HB 1351 Selling Seafood, Fish or Shellfish, From Mobile Vehicles; regulate...................... SB 500 Shrimping; commercial, noncommercial use of cast net and seines; licenses; seasons; allowable limits .....................................................................................................HB 1315 Shrimping; identification of boats; salt-water separation point ..........................HB 1352
SEAT SAFETY BELTS (Also See Motor Vehicles) Offense of Failure to Wear Seat Safety Belt; fines; no assessments ..................HB 1169 Requirements in Passenger Vehicles; redefine; provide an exemption................. SB 591
SECRETARY OF STATE Campaign Contribution Disclosure Reports in Electronic Format........................ SB 441 Duties; licensing of Professional Employer Organizations..................................... SB 126 Duties; official early voting ballots; additional voting sites................................... SB 686 Election by Majority of Votes Cast; procedures....................................................... SB 454 Election to Office by Plurality Vote........................................................................HB 1529 Electors; voter identification documents; present at polling place.......................... SB 43 Georgia Election Code; general and local laws; merge provisions........................ SB 630 Membership on State Properties Commission; serve as secretary........................ SB 172
SECURITIES Dealers and Salesmen; certain split commissions not unethical............................. SB 13 Investment Advisers, Salespersons; regulations; conform federal Act................HB 1372 Personal Financial Security; offense of financial identity fraud ........................... SB 513 Telephonic Solicitations; sale of securities; deceptive practices...........................HB 1420 Uniform Commercial Code-Investment Securities; rules revision......................... SB 402
Refer to numerical index for page numbers

2454

JOURNAL OF THE SENATE

SELLERS, WILLIAM L.; regrets at the passing........................................................ SR 708
SELLING AND OTHER TRADE PRACTICES Alcoholic Beverage Retailers; sales to underage persons; penalties..................... SB 266 Alcoholic Beverages; brewpubs; sales to dealers; brewery tours........................... SB 289 Alcoholic Beverages; distilled spirits, wines; advertising prices.............................. SB 52 Alcoholic Beverages; permitting, licensing retail sales; locations ......................... SB 111 Alcoholic Beverages; violations relating to underage persons...............................HB 908 Beverage Containers; refundable value for deposit-redemption............................ SB 191 Candy, Toys, Novelty Items; objects packaged like drug paraphernalia; prohibit sale to minors...................................................................................................................... SB 6 Pood Detained or Embargoed as Adulterated; removal or disposal for human consumption unlawful...........................................................................................HB 1209 Perishable Foods Sold at Retail; labeled expiration date......................................... SB 96 Retail Gasoline Fuel Sales; driver leaving premises without paying.................HB 1578 Retail Installment Contracts; buyer refund upon repayment; raise allowable amount retailer deducts for cost........................................................................................HB 1349 Sales of Seafood, Meat or Poultry From a Mobile Vehicle; regulate .................... SB 500 Sales of Tickets for Admission to Events; limit service charges........................... SB 639 Telemarketing Calls to Induce Purchase of Goods, Services; regulate................. SB 694 Telephone Solicitors; unsolicited calls; cease and desist orders..............................HB 71 Used Motor Vehicle Dealers; notify buyer of prior ownership, uses..................... SB 530 Used Motor Vehicles; no advertising or selling without a title............................. SB 692 Used Vehicle Sales, Leases; disclosure of any security interest............................ SB 196
SEMINOLE COUNTY Board of Education; nonpartisan elections ............................................................HB 1779 County Surveyor; abolish elected office; provide for appointment ......................HB 1777
SEMINOLE COUNTY HIGH SCHOOL BASKETBALL TEAM; commend............. SR 752
SENATE Bills for Revenue or Appropriating Money May Originate Senate......................... SR 55 Children; affirming commitment to ensure their welfare...................................... SR 388 Deputy Secretary of the Senate, Alice E. Enright; recognizing ............................ SR 797 Doorkeepers of the Senate; commend....................................................................... SR 842 Election of Members; four-year term of office; amend Constitution..................... SR 161 Members; minimum age to be elected; amend Constitution.................................... SR 41 Morning Roll Call dispensed with ..............................................Pages 167, 281, 713, 745 Morning Roll Calls.......................... Pages 1, 36, 53, 62, 79, 89, 119, 141, 149, 185, 207, 242, 262, 309, 333, 368, 426, 512, 572, 664, 781, 817, 884, 938, 968, 1016, 1064, 1119, 1182, 1223, 1283, 1392, 1541, 1703, 1921 Notify House of Representatives; Senate convened................................................ SR 461 Privileged Resolutions; jointly sponsored by Senate and House member............ SB 559 Rules; adopted for 1998 session................................................................................. Page 3 Rules; amend and adopt for 1998 Session............................................................... SR 460 Rules; amend; recognition of student's perfect score on SAT or ACT.................. SR 563 Rules; amend Rules relating to Decorum, committee membership ...................... SR 535 Rules; Senator or Staff; prohibit criminal actions involving moral turpitude, alcohol or drugs.................................................................................................................... SR 458 Secretary of the Senate Staff; commend.................................................................. SR 833
Refer to numerical index for page numbers

INDEX

2455

SENATE (Continued) Senate Secretaries; recognize and commend ........................................................... SR 804 Senator Ralph David Abernathy; censure for misconduct actions........................ SR 459 Senatorial Districts 3 and 6; change descriptions .................................................. SB 644 Senatorial Districts 34 and 44; change descriptions .............................................. SB 642 Senatorial Districts 48 and 56; change descriptions .............................................. SB 250
SENATOR ABERNATHY Relating to censure.................................................................................................... Page 22 Vote on HB 1352 explained..................................................................................Page 1245
SENATOR CAGLE; absence from Morning Roll Call explained............................ Page 885
SENATOR CHEEKS Excused from Voting on SB 337 pursuant Rule 175...........................................Page 296 Excused from Voting on HB 1304 pursuant Rule 175 ......................................Page 1808 Vote explained on HB 1167....................................................................................Page 498
SENATOR GILLIS Absence from Morning Roll Call explained.......................................................... Page 885 Vote on HB 1565 explained pursuant to Senate Rule 18................................. Page 1620
SENATOR GRIFFIN; appointment; Chairman of Interstate Cooperation Committee.................................................................................................................Page 22
SENATOR JAMES; absences explained .................................................Pages 149, 241, 262
SENATOR JOHNSON, DIANA HARVEY; absence from Morning Roll Calls Explained .........................................................................Pages 665, 938, 1182, 1223, 1541
SENATOR KEMP Absence during vote on Local Calendar explained............................................ Page 1292 Excused from voting on SB 337 pursuant to Rule 175.......................................Page 288
SENATOR LANGFORD; absence from Morning Roll Calls explained.................................................................................................Pages 141, 665, 938
SENATOR MADDEN; absence from Morning Roll Call explained .......................Page 885
SENATOR RAGAN Absence from Morning Roll Call explained ..........................................................Page 885 Absence from vote on HB 1556 explained.......................................................... Page 1647 Absence from vote on HB 1777 explained.......................................................... Page 1709 Absence from vote on HB 1863 explained.......................................................... Page 1548 Absence from vote on HB 571 explained..............................................................Page 674
SENATOR RALSTON; absence from Morning Roll Call explained....................... Page 885
SENATOR ROBERTS; vote on SB 440 explained...................................................Page 771
SENATOR THOMPSON Excused from voting pursuant Rule 175.................................... Pages 104, 170, 171, 189 Vote on SB 432 explained....................................................................................... Page 516
SENIOR CITIZENS (See Elderly)
SENIOR WEEK AT CAPITOL; declaring January 26-30.......................................... SR 519
Refer to numerical index for page numbers

2456

JOURNAL OF THE SENATE

SENTENCE AND PUNISHMENT Alcoholic Beverages; possession by persons under age 21; punishment.............. SB 206 Alcoholic Beverages; violations relating to persons under age 21 ........................HB 908 Crimes Against Family Members; minimum period of imprisonment.................. SB 510 Crimes Involving Injury or Death of Law Enforcement Officer, Firefighter or EMS Personnel; punishment........................................................................................... SB 618 Crimes of Assault, Battery Against Family Members; family violence.................. SB 67 Criminal Sentencing; state commission examine, restructure system.................. SR 477 Death Penalty Cases; pretrial proceedings; review procedures............................. SB 296 Felony Criminal Offenders; not eligible parole or reduced sentence........................ SB 4 Felony Criminal Offenders Shall Serve Full Sentence Without Parole................ SB 100 Fine Increased in Lieu Community Service; nonresident DUI offender ................ SB 31 Habitual Violators Convicted of DUI; punishment; parole limitations................. SB 321 Juvenile Criminal Records Identifying Felons; judicial access.............................. SB 421 Mandatory Prison Sentences Requiring More Prisons, Jails; study of................. SR 172 Offense of Murder of a Certified Peace Officer; punishment................................. SB 570 Persons Convicted Crimes Against Children; no parole, early release................. SB 470 Persons Convicted Crimes Against Children; supervised probation..................... SB 467 Persons Convicted of a Felony Serve 90% of Sentence Imposed........................... SB 494 Persons Convicted of a Serious Felony; no parole or early release ...................... SB 448 Persons Required to Perform Work as Punishment; hours in work day.............. SB 633 Probationers Charged With a Misdemeanor Involving Injury or Threats ............. SB 46 Probationers; supervision may be extended by sentencing court.......................... SB 581 Prostitution; offense of pandering; publish conviction notice ................................ SB 158 Serious Violent Felony Offenders; mandatory imprisonment term; not eligible first offender probation treatment...............................................................................HB 1164 Serious Violent Felony Offenders Must Serve 85% of Sentence............................ SB 162 Serious Violent Felony Offenders; punishment; life without parole ..................... SB 461 Stalking; consider certain factors in sentencing; psychological; criminal record; permanent restraining orders..............................................................................HB 1639 Transmittal of Information on Convicted Persons; sentence packages...............HB 1254
SEWERAGE (Also See Waste Management) Blasting or Excavating Near Underground Sewage Utility Facilities ................HB 1098 Environmental Compliance; waste water introduced in jurisdictional waters of Middle Chattahoochee Water Resources Authority.......................................................... SB 520 Land Surveying; platting residential sewer connections........................................ SB 647 Municipal Water or Sewer Systems; authorize contract private firms................. SB 318 Waste-water Pollution Control Plants; excess phosphorus discharge ................... SB 611 Waste-water; public treatment facilities; pollutant discharges; environmental compliance; state oversight; privatization ..........................................................HB 1163 Waste-water Treatment Plants; consecutive months of compliance...................... SB 610 Water Pollution Control; sewer connections moratorium; exemption ..................... SB 19 Water Quality Emergencies Due to Sewage Wastewater Treatment; state appoint interim operations manager................................................................................... SB 319 Water Resources Authority; create; control pollution of rivers.............................. SR 545 Water Treatment Purification Technology; urge pilot project................................ SR 478
Refer to numerical index for page numbers

INDEX

2457

SEXUAL OFFENSES Child Molestation; indecent acts involving touching; penalties.............................HB 957 Child Molestation; subsequent offenses; hormonal chemical treatment................... SB 5 Child Sexual or Abuse Cases; evidence; testimony of child under 16.................. SB 459 Crimes Against Children; persons convicted not eligible for parole..................... SB 470 Crimes Against Children; rape or aggravated sodomy; death penalty.................HB 801 Prostitution; offense of pandering; soliciting others to perform............................ SB 158 Prostitution; penalties; publication of notice of conviction..................................... SB 158 Sex Crime Offenders; notices of release; residency restrictions............................ SB 375 Sex Offenders; residency disclosure; real estate transactions .............................HB 1274 Sexually Explicit Material Harmful to Minors; prohibit on premises.................. SB 669 Sexually Explicit Materials; libraries restrict access by minors............................. SB 40 Sexually Violent Predators; determination; commitment procedures................... SB 413 Sexually Violent Predators; failure to register; felony penalty............................. SB 498 Sexually Violent Predators; registration requirements; compliance ..................... SB 545 Sexually Violent Predators; registration; failure to register penalty...................... SB 39 Sodomy; when sexual conduct occurring privately and consensually between adults not constitute violation of law............................................................................... SB 442
SHERIFFS (Also See Law Enforcement) Duties; executing Municipal Court writ of fieri facias........................................... SB 125 Duties; information concerning sexually violent predators...................................... SB 39 Duties; sexual offender identification; registration; funding.................................. SB 545 Election Qualifying Fees; percent of minimum salary .........................................HB 1202 Minimum Annual Salaries and Supplemental Compensation.............................HB 1413 Qualifications and Disqualifications to Hold Office................................................ SB 142 Retirement Fund; benefits when spouse predeceases retired member.................HB 464
SHIPP, MARY JO AND J. CLIFF; property conveyance; title to land....................HR 935
SHOPLIFTING, THEFT BY Municipal Court Jurisdiction; third offense of shoplifting theft..........................HB 1206 Theft by Shoplifting; property value defines misdemeanor or felony.................HB 1392
SHOPPING CENTERS; child care facilities; licensing, inspection........................... SB 222
SHORTT, SIDNEY AND SHERRY; resolving encroachment; White County.......... SR 489
SHRENKO, LINDA; State School Superintendent; addressed Senate..................Page 313
SHRINE HOSPITALS FOR CHILDREN; Special License Plate to Support...........HB 110
SHUMANS, DEREK; commend.................................................................................... SR 507
SILVER-HAIRED LEGISLATURE; Operating Costs; create special fund from tax refund donations......................................................................................................... SB 151
SIMPSON, STANLEY; purchase railroad right of way; Gordon County.................HR 935
SLATER, RODNEY E.; commend................................................................................. SR 667
SLOSHEYE TRAIL BIG PIG JIG BBQ COOKING CONTEST; recognize.............. SR 719
SMALL BUSINESSES Income Tax; deduction; self-employed medical care insurance costs ..................HB 1116 Medical Care Savings Account and Trust Act......................................................... SB 279 Regulatory Agencies; reform rule-making procedure; economic impact............... SB 416
Refer to numerical index for page numbers

2458

JOURNAL OF THE SENATE

SMALL CONSUMER LOANS Loan Transactions; Joint Committee to Study........................................................ SR 668 Loan Transactions to Lower Income Persons; committee to study....................... SR 698
SMALLS, REVEREND LEONARD; commend............................................................ SR 812
SMITH, GEORGE T.; former Speaker of House, Lt. Governor and Appellate Court Judge; name Highway to honor; Grady County ......................................................HR 813
SMITH, HILLARY; 1997-1998 National FFA President; commend ......................... SR 589
SMITH, MRS. DEAN DAY; National Mother of the Year; commend....................... SR 520
SMITH, NORA LAWRENCE; bequest for state peanut monument; Turner County...........................................................................................................HB 1490
SMITH, REVEREND EDDIE, SR.; commend............................................................. SR 696
SMOKING (See Tobacco Products)
SMYRNA, CITY OF Commend..................................................................................................................... SR 575 Corporate limits; change ..........................................................................................HB 1814
SNIPES, PASTOR FELIX AND SISTER JESSIE; commend.................................... SR 794
SOCIAL SECURITY Confidentiality of an Individual's Number; exempt public disclosure ..................HB 744 Financial Identity Fraud, Criminal Offense of; penalties...................................... SB 513 State Income Tax Deduction; employer excess tax payments .............................HB 1437 Violations; bar Medicaid participation........................................................................ SB 44
SOCIAL SERVICES (Also See Human Resources or Public Assistance) Children and Youth, Department of; employees; retirement .................................HB 759 Foster Care; special needs children; aid to families adopting................................. SB 24 Health Districts, Mental Health Services; define service areas............................ SB 317 Medicaid; adolescents receiving behavioral health care services ........................HB 1179 Medicaid; incentives to patients; medical assistance copayments......................... SB 260 Medicaid; reimbursement; clinical social workers for nursing homes .................. SB 308 Medicaid; Study Committee on Appropriate Medicaid Reform ............................. SR 371 OCGA Title 49; code revisions and modernizations .............................................HB 1228 Physician Workforce Needs; state board develop training programs.................... SB 533 Public Assistance; registry of groups or individuals willing to assist recipients.................................................................................................................. SB 267 Silver-Haired Legislature Fund; establish; tax refund donations......................... SB 151 TANF/AFDC Recipients; bank accounts without penalty; urge DHR conduct 2-year pilot project................................................................................................................ SR 49 TANF/Temporary Assistance for Needy Qualified Aliens; extend 1999 ............... SB 531 Youth Services; job skills training program; construction trades............................ SB 68
SOCIAL WORKERS (See Counselors or Professions)
SOD PRODUCERS; sales of grass sod; sales tax exemption..................................HB 1656
SODOMY, OFFENSE OF (Also See Sexual Offenses) Sex Crimes Against Children; punishment; impose death penalty.......................HB 801 Sexual Conduct Occurring Privately and Consensually Between Adults Not Constitute Violation of Law................................................................................... SB 442
Refer to numerical index for page numbers

INDEX

2459

SOLID WASTE (See Waste Management or Hazardous Materials)
SOUTH FULTON COUNTY LEGISLATIVE DAY AT CAPITOL; declaring........... SR 536
SOUTH GEORGIA TECHNICAL INSTITUTE IN AMERICUS; recognize............. SR 476
SOUTH GWINNETT HIGH SCHOOL FASTPITCH SOFTBALL; commend.......... SR 590
SOUTHWEST GEORGIA ACADEMY LADY BASKETBALL TEAM; commend..... SR 774
SOVEREIGN IMMUNITY OF STATE; Electronic Records, Signatures; legal integrity.............................................................................................................. SB 433
SPALDING COUNTY Board of Commissioners; candidate residency requirements...............................HB 1443 Spalding County Collaborative Authority for Families and Children................... SB 703
SPARKS, TOWN OF; Mayor and Council; election to 4 year terms......................HB 1824
SPEECH-LANGUAGE Language Instruction; prohibit teaching of Ebonics................................................. SB 51 QBE Funding of Foreign Language Instruction...................................................... SB 491
SPEED REGULATIONS Boating; personal watercraft; regulate operation; boat traffic.............................HB 1394 Limited Driving Permits; conviction for speed limit offensea................................ SB 495 Radar Detection Devices; regulate usage; permit certain officers.........................HB 190 Speed Restrictions; maximum lawful speeds for six wheel trucks ....................... SB 505
STADIUM, THE TED TURNER; urge name baseball field for Henry Aaron .......... SR 77
STAGGERED TAG SALES (See Motor Vehicles or License Plates)
STALKING, CRIME OF Sentencing of Persons Convicted; consider criminal record; psychological evaluation; permanent restraining orders ..............................................................................HB 1639 Unlawful Activities of Criminal Street Gangs; penalty........................................HB 1391
STAPLETON, CITY OF; change corporate limits ...................................................... SB 676
STATE AGENCIES Administrative Proceedings; offense of embracery; witness influence.................. SB 283 Agriculture Department; commissioner; powers; subpoenas.................................. SB 102 Appropriations; budget unit transfers; approval limitations ................................. SB 197 Civil War Commission; historic sites acquisition and preservation...................... SB 178 Composite State Board of Medical Examiners; allow function as separate independent agency to regulate medical practitioners..............................................................HB 932 Computer Software Failure; processing Year 2000 dates; no liability.................. SB 638 Corrections Department; alleged loss by an inmate not compensated................. SB 423 Corrections Department, Board, Commissioner; change name to Georgia Bureau of Prisons...................................................................................................................... SB 671 Corrections Department; income, expenditures; independent CPA audit............. SB 465 Decentralizing Delivery of Services, Agencies; committee to study...................... SR 523 Disaster Volunteers; paid leave; certain certified state employees.....................HB 1266 Discrimination of or Preferential Treatment to Any Person Prohibited .............. SB 243 DOT Highway Employees; indemnification for death or disability....................... SB 117 Effectiveness, Efficiency in Staffing, Training; study committee.......................... SR 367 Employees of Georgia Lottery Corporation; retirement plan.................................HB 441
Refer to numerical index for page numbers

2460

JOURNAL OF THE SENATE

STATE AGENCIES (Continued) Employees; performance based management; salaries; periodic reviews ............. SB 698 Employment Criterion; persons and their rights.................................................... SB 472 Employment Qualifications; home study graduates................................................ SB 412 Expenditures; establish limitations; amend Constitution ...................................... SR 177 Facilities; study of new central government complex along an Interstate transportation corridor ...........................................................................................HR 742 Historic Resources Preservation Program; planning, implementation.................. SB 446 Lottery Corporation, Georgia; retirement option for employees............................ SB 290 Motor Pool Vehicles; identifying markings, decals, seals .......................................HB 624 Natural Resources Department; regulation of state parks, historic sites, lakes; enforcement.............................................................................................................. SB 484 Nonprofit Contractors for State Programs; financial accountability..................... SB 474 Officers; candidates for election; mailing unrequested materials.......................... SB 268 Open and Public Meetings and Records; compliance; enforcement ....................HB 1549 Open Meetings; scheduled or called meetings; posting notice at county courthouse; mailing notice to members of public..................................................................... SB 469 Persons Owing Money to Public Agencies; collection procedures..........................HB 674 Projects Requiring Professional Services; predesign phase; bids .......................... SB 437 Property Leases; local government buildings; construction contracts.....................HB 32 Public Property; private leasehold interest subject tax assessment..................... SB 645 Public Records; confidentiality of Social Security Numbers ..................................HB 744 Purchasing; recycled, chlorine-free paper products; guidelines ............................. SB 255 Purchasing; use of recycled content paper products; 95% requirement............... SB 574 Records Disclosure; ensure confidentiality of personal information...................... SB 135 Regulations, Rules Affecting Residential Housing Costs; effect of........................ SB 275 Services to Local Governments; establish 12 delivery regions............................HB 1650 State Government Waste Task Force; create; powers, duties................................ SR 171 Stationery Used Shall Have Telephone Number for Public Contact ..................HB 1511 Vehicles Purchased With Public Funds; identifying markings............................HB 1461
STATE COURTS Appeals from Magistrate Courts; bench trials in lieu trial by jury....................HB 1186 Cities of 300,000 or More; services by judges pro hac vice .................................HB 1238 Civil Actions Brought Against Judicial Officers; expenses; recovery..................HB 1730 Court Sessions May be Held at Satellite Courthouse Annex ..............................HB 1413 Judges; judicial assistance; appointment to senior judge status.........................HB 1642 Judges; nonpartisan election without nonpartisan primary .................................. HB 820 Judgments for Liquidated Damages; orders; deferred partial payments ............... SB 35 Office of Senior Court Reporter; provide for............................................................ SB 210 Officers or Employees of Judges; transfer of retirement credit...........................HB 1088 Trial Judges and Solicitors; transfer to Judicial Retirement System...................HB 751
STATE DEFENSE FORCE (See Military Affairs or National Guard)
STATE EMPLOYEES (Also See Public Officers and Employees or Merit System) Corrections Department; educational programs; re-employ teachers.................... SB 156 Corrections Department; employees; compensation for teaching duties............... SB 613 DHR Mental Health Hospitals, Regional Boards; terminated personnel............. SB 360 Disaster Volunteers Certified by American Red Cross; paid leave.....................HB 1266
Refer to numerical index for page numbers

INDEX

2461

STATE EMPLOYEES (Continued) Disclosure of Fraud, Waste, Abuse in State Programs; identity confidential; retaliatory actions prohibited...............................................................................HB 1511 DOT Highway Employees; indemnification for death or disability....................... SB 117 Education Department; J. William Fulbright Exchange Program ......................HB 1185 Employment Eligibility; Military Selective Service registration ...........................HB 946 Georgia Music Hall of Fame Authority; personnel transferred to Department of Community Affairs.................................................................................................. SB 569 Health Insurance Plan; reestablishing coverage; district attorneys ...................HB 1423 Hours Worked Overtime; compensation; fair employment practices..................... SB 700 Indemnification of State Highway Employees; amend Constitution....................... SR 64 Jobs Outside Metro Atlanta; decentralize services; study committee................... SR 523 Law Enforcement Officers; political activities; rights; prohibition.......................... SB 53 Law Enforcement Personnel; fitness for duty; mental health records.................. SB 599 Law Enforcement; personnel records; when disclosure not required..................HB 1499 Merit System Personnel; adverse actions; appeals; hearing notice.....................HB 1423 Performance Based Management; periodic review; salary increases.................... SB 698 Public Employees Labor Relations Act; collective bargaining............................... SB 668 Race, Color, Creed, Gender or Origin; rights in hiring or firing.......................... SB 472 Retirement; National Guard members; create a Military Pension Fund............. SB 322 Retirement; National Guard members; provide a Military Pension Fund........... SB 168 Retirement System; benefit calculation; remove compensation limits..................HB 886 Retirement System; change in employment; transfer of credits ...........................HB 661 Retirement System; creditable service; executive branch service .........................HB 944 Retirement System; creditable service; legislative branch employees ................HB 1103 Retirement System; disability benefits; law enforcement personnel..................... SB 291 Retirement System; disability benefits; parole, probation officers........................ SB 326 Retirement System; membership; district attorney employees..............................HB 724 Retirement System; membership; employees of district attorneys .......................HB 937 Retirement System; options for employees of Lottery Corporation....................... SB 290 Retirement System; options; persons first employed age 60 or later ...................HB 936 Retirement System; prior service credit; employees of Georgia Public Telecommunications Commission ..........................................................................HB 885 Retirement System; retire after 25 years regardless of age..................................HB 443 Retirement System; retirees; spousal benefit option ..............................................HB 442 Retirement Systems; survivor benefits; secondary beneficiary............................HB 1096 State Government Waste Task Force; create; powers, duties................................ SR 171 State Institutions; improper staffing, training; study committee.......................... SR 367
STATE FINANCING AND INVESTMENT COMMISSION (SFIC); Director; membership on Georgia Education Authority (University).......................................................... SB 292
STATE GOVERNMENT (Also See Individually Named State Agencies) Agencies; scheduled or called meetings; county courthouse locations; posting or mailing public notices............................................................................................. SB 469 Agencies; use of recycled content paper products; 95% requirement.................... SB 574 Agency Rules Affecting Residential Housing Costs; requirements ....................... SB 275 Appropriations, Amend SFY 1997-1998; reallocate certain funds.......................HB 1167 Appropriations; budget unit transfers; approval process ....................................... SB 197 Appropriations, General SFY 1998-1999................................................................HB 1250
Refer to numerical index for page numbers

2462

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued) Appropriations; prohibit total outlays exceeding revenue sources; requirements of General Assembly.................................................................................................... SR 248 Appropriations; unappropriated surplus funds; taxpayer refund.......................... SR 533 Blue Ribbon Commission on State Government Facilities.....................................HR 742 Board of Regents; authority; sell or transfer certain works of art.....................HB 1201 Bond Issuance Practices, Procedures; committee to study..................................... SR 290 Business and Industry Recruitment; when public disclosure delayed.................... SB 12 Claims Against the State; Ailerua A. Newsome Crawford; compensate ............HR 1055 Claims Against the State; Ann C. Bennett; compensate........................................HR 782 Claims Against the State; computer software failures; no liability...................... SB 638 Claims Against the State; E. C. Fogg III; compensate...........................................HR 784 Claims Against the State; Emma Lee Byrd; compensate ......................................HR 788 Claims Against the State; George Cox; compensate...............................................HR 783 Claims Against the State; Guy's Automotive; compensate ....................................HR 733 Claims Against the State; Harold I. Brown; compensate ....................................HR 1024 Claims Against the State; Henry C. Batson; compensate....................................HR 1142 Claims Against the State; Henry Elroy Griffis; compensate.................................HR 956 Claims Against the State; inmates in custody; no compensation paid................. SB 423 Claims Against the State; James A. Hayes; compensate.......................................HR 789 Claims Against the State; Jimmy W. Harrell; compensate....................................HR 786 Claims Against the State; Loretta Cummings; compensate ..................................HR 866 Claims Against the State; Meredith B. Chandler; compensate.............................HR 861 Claims Against the State; R. G. Heard; compensate..............................................HR 787 Claims Against the State; Ronnie Cox; compensate...............................................HR 785 Claims Against the State; Tom Bradbury; compensate..........................................HR 790 Claims Against the State; Wanda Torbert; compensate.........................................HR 837 Commission on 250th Anniversary of a Representative Assembly .......................HR 998 Computer Software; failure to process time beginning Year 2000........................SB 638 Contracting With Nonprofit Organizations; financial accountability.................... SB 474 Corrections Department; employees; compensation for teaching duties............... SB 613 Decentralizing Delivery of Services, Main Offices; study committee.................... SR 523 Declaring Georgia's Sovereignty Under the U.S. Constitution................................ SR 74 Departments Shall Have Telephone Number on Stationery for Contact ...........HB 1511 Designate; Bobby Eugene Parham Food Service Facility; Central State Hospital.......................................................................................................... SR 588 Designate; Pete Wheeler Georgia War Veterans Memorial Plaza......................... SR 583 Designate; Pete Wheeler Georgia War Veterans Memorial Plaza.........................HR 996 Developmental Highway System; revise authorized projects................................. SB 314 Disaster Volunteers; paid leave; certain certified state employees .....................HB 1266 Discrimination of or Preferential Treatment to Any Person Prohibited .............. SB 243 Effectiveness and Efficiency; create committee to study........................................ SR 367 Elections by Plurality Vote; certain state-wide elected offices ............................HB 1529 Electronic Documents, Signatures; legal authority and integrity......................... SB 433 Employees; criterion for hiring or dismissing; prohibitions................................... SB 472 Employees; law enforcement officers; mental health evaluations......................... SB 599 Employees of DHR Division of Mental Health; transfers; terminations.............. SB 360 Employees; overtime hours; compensation; fair employment practices................ SB 700
Refer to numerical index for page numbers

INDEX

2463

STATE GOVERNMENT (Continued) Employees; performance based management; salaries; periodic reviews ............. SB 698 Employment Eligibility; Military Selective Service registration ...........................HB 946 Ethics and Efficiency in Government Act; General Assembly training..............HB 1225 Executive Officers Qualifying as Candidates for Re-election; prohibit certain mass mailing at state expense ........................................................................................HB 873 Expenditure Limitations; provide reserve funds, excess revenues........................ SR 177 General Assembly; allow convene special veto consideration sessions.................SR 498 General Assembly; convening special veto consideration session........................HR 1035 General Assembly; terms of office; limit to six two-year terms............................ SR 216 Georgia Commission on the Holocaust; creation...................................................HB 1664 Georgia Commission on Women; clarify official activities, expenses ....................HB 761 Georgia Education Authority (University); members, staff; projects.................... SB 292 Georgia General Assembly Training Institute; create..........................................HB 1225 Georgia Sovereignty Resolution of 1998; declaring boundaries............................. SR 479 Georgia Youth Legislature; create............................................................................. SR 162 Grants; Assistance for Historical or Cultural Preservation Projects.................... SB 446 Historic Resources; enact a state historic preservation program.......................... SB 446 Historic Resources; new partnerships; initiatives; study committee..................... SR 552 Income Tax Reform; create joint commission to study tax structure................... SR 593 Information Technology Policy Council; add DOT Commissioner .........................SB 555 Information Technology Policy Council; additional members...............................HB 1404 Information Technology Policy Council; powers; electronic documents................. SB 433 Law Enforcement Officers; psychological evaluations; disclosure .......................HB 1410 Laws and Statutes; define 'dependent' legally entitled to support....................... SB 457 Local Assistance Grants; joint committee to study distribution ........................... SR 674 Lottery Proceeds from Ticket Sales; amount each county entitled....................... SB 333 Merit System Personnel; adverse actions; appeals; hearing notice.....................HB 1423 Music Hall of Fame Authority; transfer functions, personnel to Department of Community Affairs; Advisory Committee created............................................... SB 569 Observance of Home Education Week; declare first week in February..............HB 1450 OCGA; classes of persons; 'gender' means the male and female sex .................HB 1774 OCGA Code Revisions and Modernizations; reenact statutes .............................HB 1228 OCGA Title 50; code revisions and modernizations .............................................HB 1228 Official Observances; designate "Bill of Rights Day"............................................HB 1434 Official State Museum; Ralph Mark Gilbert Civil Rights Museum...................... SB 366 Official State Peanut Monument; sculpture in Turner County...........................HB 1490 Officials; candidates for elective office; state funds for mailings.......................... SB 268 Open Meetings and Public Records; compliance; enforcement............................HB 1549 POW/MIA, National League of Families Flag; public display............................... SB 426 Projects Requiring Professional Services; predesign phase; bids .......................... SB 437 Properties Owned in Baldwin County; legislative inventory; study..................... SR 151 Property Conveyance; American Red Cross Chapter; Baldwin County................ SR 494 Property Conveyance; Baldwin County; sell surplus houses, parcels................... SR 496 Property Conveyance; Bibb County; highway improvements.................................HR 829 Property Conveyance; Blackburn State Park; Lumpkin County........................... SR 581 Property Conveyance; Brook Run Campus Site; sell to DeKalb County.............. SR 481 Property Conveyance; Chatham County; exchange marshland, highground ....... SR 527
Refer to numerical index for page numbers

2464

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued) Property Conveyance; Cobb, Gwinnett, Paulding and Gordon Counties ..............HR 935 Property Conveyance; Douglas-Coffee County Industrial Authority..................... SR 488 Property Conveyance; Fulton County; Freedom Parkway; Carter Center............ SR 638 Property Conveyance; Fulton County; Freedom Parkway right of way..............HR 1067 Property Conveyance; grant easement; Bull River Yacht Club Marina............... SR 627 Property Conveyance; grant easements; Bibb, Chatham, Clarke, DeKalb, Dougherty, McDuffie, Muscogee, Richmond, Union Counties................................................ SR 530 Property Conveyance; old State Capitol, Milledgeville; deed certain parcels to Presbyterian and Episcopal Churches .................................................................. SR 495 Property Conveyance; Savannah; DHR Regional Office Building.......................HR 1187 Property Conveyance; sell Ga. Mental Health Institute; DeKalb County............ SR 635 Property Conveyance; Tift County Development Authority...................................HR 778 Property Conveyances; Baldwin County; sell surplus lands, houses.................... SR 493 Property Conveyances; Franklin, Bibb and Richmond Counties; road improvements...........................................................................................................HR 825 Property Conveyances; Hancock, Appling and Fulton Counties............................ SR 560 Property Conveyances; White, Coffee, Chatham and Cobb Counties................... SR 489 Property Not Needed for Public Roads Pursuant to a Court Order....................... SB 76 Public Educational Institutions; facility sites; county property ..........................HB 1550 Public Employees Disclosing Fraud, Waste, Abuse; identity not disclosed; retaliatory actions prohibited..................................................................................................HB 1511 Public Employees Labor Relations Act; collective bargaining............................... SB 668 Public Funded Vehicles; identifying markings on doors; exceptions.....................HB 624 Public Initiative Petition Process; statewide referendums......................................... SR 8 Public Initiative Petition Process to Enact or Reject Statutes.............................. SR 176 Public Initiative Process to Propose, Amend, Enact or Reject Laws.................... SR 146 Public Office; persons ineligible hold; defaulting taxpayer........................................ SR 6 Public Officers; election by majority of votes cast; procedures.............................. SB 454 Public Officials; oath of office; unaccounted public moneys...................................HB 458 Public Records; confidentiality of Social Security Numbers ..................................HB 744 Public Records Inspection; votes cast by Pardons and Paroles Board.................. SB 201 Public Records; when disclosure not required; judicial and law enforcement officers, employees ...............................................................................................................HB 1499 Public Works Contracts; withdrawal of bid without forfeiting bond...................HB 1666 Public Works Projects; contractors; prohibit employ illegal aliens ....................... SB 257 Purchasing; recycled paper products; reduce unnecessary paper use................... SB 255 Regulatory Agencies; rule-making procedures; Regulatory Reform Act............... SB 416 Sales Tax; distribution of unidentifiable proceeds; pro rata share .....................HB 1784 Soil and Water Conservation Districts; surety bonds; financial data.................HB 1295 Sports Hall of Fame Authority; members; per diem; powers, duties..................HB 1419 State Agencies; establish 12 service delivery regions by counties......................HB 1650 State Agencies-Nonprofit Contractor Relationships; accountability...................... SB 474 State Agencies; records disclosure; privacy of personal information .................... SB 135 State Agencies; records management, archival preservation; commend .............. SR 616 State Commission on the Condemnation of Public Property; powers in water quality emergencies.............................................................................................................. SB 319 State Employment Qualifications; home study graduates..................................... SB 412 State Government Waste Task Force; create; amend Constitution....................... SR 171
Refer to numerical index for page numbers

INDEX

2465

STATE GOVERNMENT (Continued) State Officers; random drug testing; public inspection of results......................... SB 455 State Parks, Historic Sites, Lakes; regulate certain activities.............................. SB 484 State Properties Commission; add Secretary of State as member........................ SB 172 State Property; naming for current elected public officials................................... SB 453 State Sovereignty and Federal Tax Funds Act........................................................ SB 684 State Symbols; designation; Ralph Mark Gilbert Civil Rights Museum.............. SB 366 State Symbols; official state peanut monument; Turner County........................HB 1490 Stone Mountain Park; define purposes; natural areas; use of revenue................ SB 367 Stone Mountain Park Projects; lease contracts; requirements.............................. SB 274 Vehicles Purchased With Public Funds; identifying markings............................HB 1461 Water Pollution; public waste-water treatment facilities; state oversight; privatization requirements..........................................................................................................HB 1163 Wildlife Endowment Fund; establish trusteeship; revenue sources....................HB 1640
STATE PATROL; applicants for position of trooper; eligibility ................................ SB 586
STATE PROPERTIES COMMISSION (See Property Conveyances or State Government)
STATE SCHOOL SUPERINTENDENT Election by Majority of Votes Cast; procedures....................................................... SB 454 Nonpartisan Election; amend Constitution.............................................................. SR 612 Qualifications for Office; amend Constitution......................................................... SR 170 Qualifications; repeal certain provisions upon certain conditions......................... SB 236
STATE SYMBOLS Official State Museum; Ralph Mark Gilbert Civil Rights Museum...................... SB 366 Official State Peanut Monument; peanut sculpture in Turner County..............HB 1490
STATE WASTE-WATER PRIVATIZATION OVERSIGHT COMMITTEE ..............HB 1163
STEELMAN, MONROE; name railroad bridge to honor; Murray County ............HR 1101
STEPHENS COUNTY; Board of Commissioners; compensation ............................HB 1901
STEWART, NATALIE; commend.................................................................................. SR 501
STILLMORE, CITY OF; Emanuel County; new charter.........................................HB 1742
STOCKBRIDGE, CITY OF; extend corporate boundaries; special election...........HB 1762
STONE MOUNTAIN JUDICIAL CIRCUIT Superior Court; additional judge; increasing number to ten................................... SB 77 Superior Court; judges; salary supplement............................................................HB 1723
STONE MOUNTAIN MEMORIAL ASSOCIATION Exercise of Police Powers........................................................................................... SB 604 Natural and Historic Areas of Park; purposes; improvement funds..................... SB 367 Park Facilities; lease contracts; minimum requirements ....................................... SB 274
STREET GANGS Georgia Street Gangs Act of 1998; enact; designated felony offenses................HB 1391 Street Gang Terrorism and Prevention Act; Crimes Committed While Wearing Bulletproof Body Armor; penalties........................................................................ SB 425
STROKE AWARENESS MONTH IN GEORGIA; declaring ....................................HR 1000
STUDY COMMITTEE ON CABLE TV........................................................................ SR 566
Refer to numerical index for page numbers

2466

JOURNAL OF THE SENATE

STUDY COMMITTEE ON CREATION OF OFFICE OF WOMEN'S HEALTH WITHIN DHR............................................................................................ SR 543
STUDY COMMITTEE ON DECENTRALIZING STATE GOVERNMENT.............. SR 523
STUDY COMMITTEE ON FRANCHISE FEES AND CONDITIONS, RIGHTS OF WAY, AND TAX IMPLICATIONS OF COMPETITIVE MARKETS ................................ SR 544
STUDY COMMITTEE ON PRESUMPTION OF JOINT LEGAL AND PHYSICAL CHILD CUSTODY...................................................................................................... SR 233
STUDY COMMITTEE ON PUBLIC EDUCATION DISCIPLINARY REFORM ..... SR 632
STUDY COMMITTEE ON TECHNOLOGY EDUCATION........................................ SR 676
STUDY COMMITTEE ON VOCATIONAL STUDENT ORGANIZATIONS............. SR 596
STUDY COMMITTEES (See Committees, Study)
SUGAR HILL, CITY OF; change corporate limits ...................................................HB 1926
SUICIDE Attempted Suicide; emergency nonconsensual medical treatment.......................... SB 36 Suicide Prevention Programs; supporting development and initiatives............... SR 585
SUMTER COUNTY; Board of Education; nonpartisan elections............................HB 1793
SUNSET LAWS; Local Government Authorities Sunset Act.................................... SB 561
SUPERIOR COURTS (Also See Courts or Judicial Circuits) Appeals from Magistrate Courts; bench trials in lieu trial by jury....................HB 1186 Appeals from Probate Court; guardians of incapacitated adults........................... SB 582 Atlanta Circuit; two additional judges....................................................................... SB 77 Bell-Forsyth Circuit; new circuit created; proceedings transferred; appointment of initial judge................................................................................................................ SB 77 Blue Ridge Circuit; decrease number of judges; transfer proceedings to new Bell-Forsyth Circuit................................................................................................... SB 77 Blue Ridge Judicial Circuit; judges; county supplements ....................................HB 1894 Capital Felony Trial Expenses; counties eligible for reimbursement..................... SB 56 Cases Involving Title to Land and Equity; concurrent jurisdiction...................... SR 661 Chattahoochee Judicial Circuit; judges; salary supplements................................. SB 584 Civil Actions Brought Against Judicial Officers; expenses; recovery..................HB 1730 Clerk; duties; collection of Intangible Recording Taxes........................................HB 1522 Clerks; compensation; performing additional juror duties..................................... SB 689 Clerks; duties; recording disposition of property in divorce cases ........................HB 408 Clerks; election qualifying fees; percent of minimum salary...............................HB 1202 Clerks; membership on boards of trustees of county law libraries....................... SB 134 Clerks; retirement; post retirement benefit increases............................................HB 571 Clerks; retirement; surviivor benefits; secondary beneficiary..............................HB 1096 Condemnation Proceedings; appeals of assessors' awards; costs...........................HB 155 Courts Requesting Assistance by Another Judge; counties of 180,000................. SB 688 Coweta Judicial Circuit; judges; salary supplement............................................... SB 677 Decisions Relative Workers' Compensation Cases; direct appeals.......................... SB 34 Douglas Circuit; additional judge ............................................................................... SB 77 Employees' Retirement; certain secretaries; transfer service credit ...................HB 1088 Family Violence Petitions for Relief Involving Nonresidents................................. SB 160 Fulton County; authorize a Family Court Division pilot project.........................HB 1674
Refer to numerical index for page numbers

INDEX

2467

SUPERIOR COURTS (Continued) Gwinnett Circuit; additional judge............................................................................. SB 77 Gwinnett Judicial Circuit; create seventh judgeship.............................................. SB 509 Judges; access to juvenile records in subsequent criminal trials.......................... SB 157 Judges and Clerks; compensation; training; satellite courthouses......................HB 1413 Judges; Cobb Judicial Circuit; salary supplements ..............................................HB 1731 Judges; judicial assistance; appointment to senior judge status.........................HB 1642 Judges; nonpartisan election without nonpartisan primary ..................................HB 820 Judges; Northeastern Judicial Circuit; salary supplement..................................HB 1840 Judges; retirees; benefit increase for certain service................................................HB 88 Judges; retirement; survivor benefits; secondary beneficiary ..............................HB 1096 Judges Retirement System; transfer assets to new combined system..................HB 751 Judicial Budget Administration; salaries and other expenses.............................HB 1617 Judicial Review of Professional License Revocation Decisions.............................. SB 344 Jurisdiction; trust issues arising in probate court cases........................................ SB 541 Northeastern Judicial Circuit; district attorney; salary supplement..................HB 1841 Ocmulgee Circuit; additional judge ............................................................................ SB 77 Office of Senior Court Reporter; eligibility; salary................................................. SB 210 Recording Property Approved for Preferential Tax Assessment..........................HB 1189 Records; indexes of property liens; process to void record of lien......................... SB 508 Sheriffs; qualifications to hold office; disqualifying offenses ................................. SB 142 Stone Mountain Circuit; provide for tenth judge...................................................... SB 77 Western Judicial Circuit; judges; salary supplement.............................................. SB 483
SUPREME COURT Chief Justice Robert Benham; address General Assembly Joint Session ............HR 730 Civil Actions Brought Against Judicial Officers; expenses; recovery..................HB 1730 Joint Session; invite Supreme Court Justices and Appellate Judges ...................HR 729 Justices; judicial assistance; appointment to senior judge status.......................HB 1642 Justices; nonpartisan election without prior nonpartisan primary.......................HB 820
SURETY BONDS Breach of Bond; dealers in agricultural products; complaints.............................HB 1211 Exemption; special sales of livestock; 4-H Clubs and FFA Chapters.................HB 1460 Public Works Contracts; withdrawal of bid without forfeiting bond...................HB 1666 Soil and Water Conservation District Supervisors; financial data......................HB 1295
SWAIN, JIMMY; commend........................................................................................... SR 602
SWIMMING POOLS; Public Pools; regulations; cite as 'Michelle's Law'................ SB 438
SWINE Confined Feeding Operations; environmental risks; study committee.................. SR 840 Hog Industry; surface water use; history of pollutant violations........................HB 1432
T
TALBOT COUNTY; Superior Court; judges; county salary supplement................. SB 584
TATTNALL COUNTY Board of Education; nonpartisan elections ............................................................HB 1636 Designate; Dewey D. Rush Highway; Romie Waters Highway; Clinton Oliver Highway ...................................................................................................................HR 812
Refer to numerical index for page numbers

2468

JOURNAL OF THE SENATE

TAX COLLECTORS, COMMISSIONERS Ad Valorem; assessment notices; refund taxes when difference between assessed value and the sales price ....................................................................................... SB 529 Ad Valorem; distribution of delinquent tax penalties, interest ...........................HB 1178 Ad Valorem; preferential or current use assessment of property .......................HB 1189 Ad Valorem Tax Digests; completion by July 1; taxpayer appeals date............... SB 137 County Tax Officials; compensation and minimum annual salary .....................HB 1413 Election Qualifying Fees Based on Percent of Minimum Salary ........................HB 1202 Intangible Recording Tax; collecting officer in certain counties..........................HB 1522 Property Tax Equity in Evaluations, Exemptions; study committee.................... SR 274 Property Taxes; equity in taxation; joint committee to study............................... SR 275 Tax Executions; ad valorem; less than $5.; statute of limitations......................HB 1368 Tax Executions; selling and transferring in lot blocks...........................................HB 185
TAX EXECUTIONS Ad Valorem Taxes Due Less Than $5.; statute of limitations.............................HB 1368 Judicial Sales; advertisement of property; legal description.................................. SB 563 Judicial Sales; advertisements; legal description of property ..............................HB 1406 Municipal Courts; writ of fieri facias; failure to pay costs, fines.......................... SB 125 Selling and Transferring in Lot Blocks; comprehensive revisions........................HB 185
TAXATION (See Revenue and Taxation)
TAXICABS; Self-insurers; asset requirement exception; certain counties.............HB 1448
TAYLOR COUNTY; Superior Court; judges; county salary supplement.................. SB 584
TAYLOR, WES; commend ............................................................................................. SR 511
TB CONTROL PROGRAM IN GEORGIA; commend................................................. SR 770
TEACHERS (Also See Education) Certificated Personnel; classification; state salary schedule................................HB 1220 Corrections Department Employees; compensation for teaching duties............... SB 613 Corrections Department Programs; re-employment of certain teachers............... SB 156 Employment by a Charter School; protection of rights, benefits ............................ SB 70 HOPE or PROMISE Scholarship; eligibility; teaching agreements ....................HB 1556 J. William Fulbright Educational Exchange Program..........................................HB 1185 Maximum Students Who May be Taught by One Teacher; grades K-2................. SB 60 National Certification; paid leave to prepare for; salary increase......................HB 1183 Professional Performance, Ethics, Conduct; transfer authority to Professional Standards Commission........................................................................................... SB 535 Public Education Disciplinary Reform Study Committee....................................... SR 632 Public Education Reform Act of 1997; performance pay and incentives.............. SB 387 Public School Principals, Teachers and Employees Who Lost Their Lives in Line of Duty; honoring......................................................................................................... SR 704 Retired Teachers At the Capitol Day; declaring ..................................................... SR 470 Retirement; benefits; beneficiaries covered by Regents Plan ................................HB 943 Retirement; creditable service; accumulated sick leave days ................................ HB 203 Retirement; creditable service; forfeited annual and sick leave.............................. SB 79 Retirement; creditable service; teaching in certain private school........................ SB 328 Retirement; creditable service; U.S. Defense Department schools ........................ SB 108 Retirement; crediting of time; General Assembly members .................................. SB 277
Refer to numerical index for page numbers

INDEX

2469

TEACHERS (Continued) Retirement; members; restoration to service; benefits wrongly paid.................... SB 558 Retirement Membership; change in employment; transfer of credits...................HB 661 Retirement; retiree benefits; person predeceases the member............................HB 1081 Retirement; survivor benefits; payment to a secondary beneficiary ...................HB 1096 Salary Schedules; decrease in local supplements; limitations................................. SB 29 School Health Care Policies; administration of student medications ................... SB 547 School Support Personnel Study Committee; create..........................................SR 39 397 School Year Contracts; new teachers; term of years renewable............................ SB 386 Student Disciplinary Problems; consent to readmit to classroom......................... SB 161 Student Disciplinary Problems; filing objection to having in class....................... SB 129 Teacher Technology Training; funding; limit use of lottery proceeds................... SR 529 Teachers; computer technology access; use of Lottery proceeds..........................HR 1002
TECHNICAL AND ADULT EDUCATION Byrd, Henry; 1997 GOAL Technical Education Award; commend........................ SR 524 Commissioner; member of Information Technology Policy Council.....................HB 1404 Information Technology Relating to Technical Institutes and Public Libraries Study Committee................................................................................................................ SR 334 National Guard Members; service cancelable educational loans.........................HB 1516 Technology Education Study Committee; create ..................................................... SR 676 Technology Training Program to Prepare Students for Related Jobs................... SB 499 Vocational Student Organizations, Senate Study Committee................................ SR 596 Vocational Student Programs; resource allocation; study committee.................... SR 557
TEENAGE, UNMARRIED MINORS Fathers Liability for Support of His Child Born Out of Wedlock........................... SB 58 Public Assistance; recipients who are parents; parenting education...................... SB 41
TELECOMMUNICATIONS (Also See Public Utilities or Electronic) Arrest Warrant Applications; utilization of Video Conference............................... SB 411 Cable TV; committee to study concerns of subscribers.......................................... SR 566 Computers and Technology Training Program for High School Students............ SB 499 Consumer Privacy in the Marketplace; committee to study.................................. SR 301 Electronic Commerce Study Committee; abolition date, reports........................... SB 433 Electronic Records, Signatures, Contracts; legal authenticity............................... SB 433 Emergency Calls for Assistance; criminal offense to obstruct............................... SB 460 Emergency Telephone Number 911; duties of public safety responders .............. SB 379 Emergency Telephone 911 System Funds; authorized disbursements.................. SB 237 Emergency 911 Service, Charges; wireless, cell telephone users.......................... SB 572 Emergency 911 Systems; performance reports; public inspection.........................HB 278 Information Technology Policy Council; additional members...............................HB 1404 Information Technology Policy Council; duties; electronic records........................ SB 433 Information Technology Relating to Technical Institutes and Public Libraries Study Committee................................................................................................................ SR 334 Jobs Creation in Telecommunication Facilities; income tax credit .....................HB 1596 Jobs Creation; increased product exports, port traffic; tax credit.......................HB 1667 Pardons and Paroles Board; implement an electronic call system.......................... SB 23 Public Safety Dispatch Center Communications Officers; training ......................HB 812 Public Service Commission; elections; 5 single-member districts ...........................HB 95
Refer to numerical index for page numbers

2470

JOURNAL OF THE SENATE

TELECOMMUNICATIONS (Continued) Technology; commission to study promoting aerospace development, commercial space activities, and telecommunications.......................................................................... SR 46 Telecasts, Closed Circuit; Professional Boxing Matches; regulate ........................HB 396 Telecommunications Companies; service charges; customer invoices ................... SB 680 Telecommunications Marketing Act of 1998; violations; sanctions .....................HB 1130 Telemarketing Calls to Induce Purchase of Goods, Services; regulate................. SB 694 Telephone and Cable Companies; franchise fees; committee to study.................. SR 544 Telephone Companies; customer payment centers.................................................. SB 653 Telephone Companies; customer payment centers; contract terms....................... SB 654 Telephone Companies; customer to authorize new or changed services............... SB 522 Telephone Customer's Primary Long Distance or Local Carrier Unauthorized Changes; Committee to Study............................................................................... SR 732 Telephone Directory y Listings; state nonlocal business location .......................HB 1420 Telephone Subscribers Objecting to Receiving Unsolicited Calls; notice to PSC; solicitors prohibited call numbers listed.................................................................HB 71
TELEMARKETING Fraud; telephonic transactions; nonlocal business advertisements; improve person's credit history report..............................................................................................HB 1420 Motor Vehicle Registration Records; release records to businesses...................... SB 622 Telecommunications Companies; abusive telemarketing acts; sanctions............HB 1130 Telephone Calls to Induce Purchase of Goods, Services; disclosures.................... SB 694 Telephone Numbers of Subscribers Objecting to Unsolicited Calls; PSC maintain database; prohibited actions by solicitors...............................................................HB 71 Unlawful Practices; sale of securities; charitable solicitations ............................HB 1420
TELFAIR-WHEELER AIRPORT AUTHORITY ACT; create...................................HB 1908
THE ABCS FOR GEORGIA'S CHILDREN; commend.............................................HR 1185
THEFT Carjacking Alarm Systems; insurance premium discount, credits........................ SB 696 Crime Victim Restitution; adult offenders convicted of theft ..............................HB 1165 Felony Crimes Involving Theft, Forgery; trial upon accusations ........................HB 1306 Telemarketing Transactions; payment without delivery of goods .......................HB 1420 Theft by Shoplifting; Municipal Court Jurisdiction..............................................HB 1206 Theft by Shoplifting; property value defines misdemeanor or felony.................HB 1392
THERAPISTS Clinical Social Workers for Nursing Homes; Medicaid enrollment....................... SB 308 Georgia Board of Massage Therapists; creation; licensure.................................... SB 300 Marriage and Family; mental health emergenc evaluation orders......................... SB 99 Marriage Counseling; Covenant Marriage Act........................................................ SB 440 Mental Health; licensing exception; certain public employees................................HB 96
THOMAS, BEVERLY; commend................................................................................... SR 717
THOMAS COUNTY CENTRAL HIGH SCHOOL FOOTBALL TEAM; commend...................................................................................................................... SR 607
THOMAS, LANESE; commend..................................................................................... SR 691
THOMAS, PRISCILLA D.; commend........................................................................... SR 826
THOMASVILLE HIGH SCHOOL LADY BASKETBALL TEAM; commend............ SR 818
Refer to numerical index for page numbers

INDEX

2471

THORNTON, BRANDI; commend................................................................................ SR 500
TICKET SCALPING; Tickets Sold for Admission to Events; service charges ........ SB 639
TIFT COUNTY; Property Conveyance; affirm title to Development Authority......HR 778
TIFTON, CITY OF Corporate Limits; annexation referendum.............................................................HB 1278 Council Districts; change terms of office................................................................HB 1279
TIMBER; Investment and Securities; Uniform Commercial Code rules.................. SB 402
TIRES, SCRAP; fees for Solid Waste Trust Fund; legislative intent....................... SR 758
TOBACCO PRODUCTS Littering; discarded materials; cigarette butts and chewing gum ........................HB 248 Student Discipline; violations; cigarettes, tobacco related objects .......................... SB 92 Tobacco Companies; urge cease advertising to appeal to minors.......................... SR 703
TOLL ROADS, BRIDGES; projects of counties, municipalities; contracts ............HB 1486
TOMATO SPOTTED WILT VIRUS RESEARCH; urge increase federal funding...HR 843
TOMS, RONALD MYRON; expressing regret at the passing................................... SR 660
TORBERT, WANDA; Claims Against the State; compensate ...................................HR 837
TORTS Amount of Damages Recoverable by Uninsured Motor Vehicle Operators.......... SB 650 Amount of Damages Recoverable by Uninsured Motorists.................................... SB 635 Civil Actions; codefendants residing different counties; venue.............................. SB 372 Civil Damages for Injuries; deny or limit certain drivers recover........................ SB 240 Damage Actions on Commercial Accounts; rejected settlement offers ................. SB 524 Immunitty from Liability; motor vehicle air bags disabled by owner ..................HB 978 Landowners; questions of negligence regarding hazardous conditions................. SB 213 Liability Immunity; voluntary health care providers; chiropractors; physical therapists ...............................................................................................................HB 1641 Negligence; parent liability; malicious property damage by a minor..................... SB 89 Owners of Land Zoned Commercial Use; liability insurance ................................ SB 388 Recovery Against Joint Trespassers; apportion award of damages ...................... SB 637 Recovery of Special Damages Arising from Tortious Injury; evidence ................. SB 636 Settlement of Tort Case on Behalf of Minor Without Legal Guardian................ SB 655 Unliquidated Damages Interest Act; repeal; offers of settlement......................... SB 524 Wrongful Death Actions; recovery; share amount of surviving spouse ..............HB 1693
TOURISM Gateway Center Safety Rest Area, Welcome Center; Cobb County...................... SB 693 Heritage Sites; historic preservation initiatives; study committee ....................... SR 552 Heritage Tourism and Historic Preservation; committee to study........................ SR 302
TOWERY, MATTHEW A.; designate bridge over 1-285, Cobb County to honor...HR 1111
TOWING, WRECKER SERVICES; duty of persons removing or storing abandoned vehicles; lien foreclosure procedures......................................................................... SB 249
TRAFFIC (See Motor Vehicles and Traffic)
TRANSPORTATION (Also See Highways or Public Utilities) Commissioner; membership on Information Technology Policy Council............... SB 555 Commissioner; membership on Information Technology Policy Council.............HB 1404
Refer to numerical index for page numbers

2472

JOURNAL OF THE SENATE

TRANSPORTATION (Continued) Conrail Acquisition Plan; urge U.S. Department of Transportation consider rail passenger and competitive freight service............................................................ SR 178 Department; land-disturbing activities along stream corridors............................. SB 661 Department; projects; pedestrian walkways and bicycle facilities ........................ SB 145 Department; right to purchase commercial driveway for future road................HB 1747 Designate; Betty Porterfield Memorial Bridge; Cobb County..............................HR 1106 Designate; C. W. Bradley Highway; Floyd Hulett-Monroe Steelman Memorial Bridge; Will Ross-Charlie Wilson Memorial Bridge........................................................HR 1101 Designate; Charles A. Pannell, Sr. Highway; Murray County.............................HR 1102 Designate; David Nipper Memorial Bridge; Coffee County................................... SR 613 Designate; David P. Ridgeway Bridge; Butts County .............................................HR 847 Designate; Davis Love III Highway; 1-95 from Mclntosh County line...............HR 1097 Designate; Dewey D. Rush Highway; Romie Waters Highway; Clinton Oliver Highway; Tattnall County ......................................................................................HR 812 Designate; Don Saggus, Jr. Memorial Bridge; Wilkes County ............................HR 1154 Designate; Donald Ridley Bridge; Putnam County...............................................HR 1029 Designate; Dr. Deryl Hart Road; Marion County.................................................... SR 490 Designate; Dr. J.A. Griffith Commemorative Bridge; Cobb County....................HR 1106 Designate; Duane Allman Boulevard; R. Berry Oakley Bridge; Macon............... SR 653 Designate; Evelyn S. Wade Highway on Highway 120, Buchanan......................... SR 48 Designate; George B. Culpepper Highway; Peach County...................................HR 1031 Designate; George T. Smith Highway; Grady County ............................................HR 813 Designate; George W. Ross Highway; City of Eton, Murray County....................HR 215 Designate; George W. Ross Highway in City of Eton............................................. SR 251 Designate; Gerald H. Leonard Parkway; Murray County......................................HR 955 Designate; Glenn Gooch Bypass East of Blairsville ...............................................HR 994 Designate; Heart of Georgia Armed Forces Veterans Memorial Intersection; Dodge County....................................................................................................................HR 1106 Designate; Holly Michials Memorial Bridge; Cobb County..................................HR 1106 Designate; Hubert Ervin H.E. Hobbs Highway; Cusseta.....................................HR 1106 Designate; Hugh Alton Carter Bridge; west of Plains, Webster County.............. SR 655 Designate; L. Carlton Gill Highway; Bryan County .............................................HR 1106 Designate; Lacoda Trail Memorial Parkway; Jackson County ..............................HR 292 Designate; Lauren 'Bubba' McDonald Parkway; Veterans' Memorial Parkway; Jackson County ....................................................................................................................HR 1054 Designate; Matthew A. Towery Bridge; over 1-285 in Cobb County...................HR 1111 Designate; Pearl Harbor Memorial Highway; 1-85 through Troup and Harris Counties..................................................................................................................HR 1092 Designate; portions of 1-95 to honor Tom Coleman and Mack Mattingly............ SR 648 Designate; Reddish-Warren Bypass; Wayne County...............................................HR 741 Designate; Reverend Charles Walter Hayes Memorial Highway and Bridge...... SR 252 Designate; Reverend Joseph Edward Grizzle Bridge; Lumpkin County ............HR 1064 Designate; Roscoe Collins Drive in Union County and Ted Hudson Highway in Turner County.......................................................................................................HR 1095 Designate; S.C. Cadwell Road.................................................................................HR 1106 Designate Sign; Sergeant J. D. 'Eddie' Miles Bridge, Bacon County..................HR 1342 Designate; The Captain Bobbie Brown Highway; Laurens County ......................HR 931
Refer to numerical index for page numbers

INDEX

2473

TRANSPORTATION (Continued) Designate; Tommy Irvin Parkway; Habersham County......................................... SR 639 Designate; urge memorial to Heart of Georgia Armed Forces Veterans.............. SR 775 Designate; Vickie E. Bell Memorial Bridge; Woodstock.........................................HR 844 Designate; W. W. Fincher, Jr., Parkway; Gordon County.......................................HR 954 Designate; Wendy Bagwell Parkway; Paulding County.......................................... SR 316 Designate; William "Billy" Shaw Abney Highway; Walker County.....................HR 1106 Designate; William Jackson Moogie Lee Highway; Lanier-Clinch County.........HR 1034 Federal ISTEA Reauthorization; create committee to study impact..................... SR 303 Hazardous Materials; nuclear or radioactive waste; shipment routes.................. SB 548 Highway Safety Rest Area, Information; Gateway Center; Cobb County............ SB 693 Hways and Interstates; traffic accidents; driver safety study.............................HR 1066 Highways; Developmental Highway System; delete Outer Perimeter.................. SB 314 Highways; disabled vehicles; require emergency reflectors.................................... SB 394 Highways; maximum lengths, overhang; truck tractors-semitrailers................... SB 272 Highways; Roadside Enhancement and Beautification Fund................................ SR 559 Highways; roadside enhancement and beautification projects; additional revenue from special wildflower license plate sales.................................................................... SB 337 Indemnification of State Highway Employees; amend Constitution....................... SR 64 Joint Committee to Study; reauthorization of federal ISTEA legislation and impact on state-wide system....................................................................................................HR 464 Limousine Carriers; certificate of public convenience; requirements.................... SB 310 MARTA; Board of Directors; terms; appointments................................................. SB 315 MARTA; contracts; procedures which govern awards; dollar value....................HB 1094 MARTA; reserve funds; authorize additional investments...................................HB 1219 Motor Carriers; commercial vehicles; law enforcement functions; transfer to Public Safety Department from Public Service Commission.......................................... SB 553 Outdoor Advertising Signs; change certain location restrictions.........................HB 1304 Outdoor Advertising Signs; permits for trimming; regulations............................. SB 337 Property Acquisition for Highway Purposes; condemnation procedures...............HB 155 Public; mass transit services; local government contracts.....................................HB 236 Public Property Not Needed for Road Purposes Pursuant to Court Order........... SB 76 Public Transit Buses, Rapid Rail Cars, Stations; prohibited conduct.................. SB 444 Railroad Intermodal Facility in Austell; expressing opposition to........................ SR 614 Regional Transportation Plans; support Atlanta Regional Commission.............HR 1100 Roads and Streets; vehicle weight, load limitations; truck routes......................HB 1470 State Board; powers; naming or designation of roads and bridges ...................... SB 122 Toll Roads, Bridges; projects operated by private companies..............................HB 1486 Traffic-control Devices; signs and signals; uniform regulations............................ SB 706 Transit Authorities; local registration and reporting procedures........................HB 1557 Truck Routes; powers of municipality to regulate on streets................................ SB 641
TRANSPORTATION BOARD, STATE Emory C. McClinton elected member......................................................................Page 63 Tom Triplett elected member ...................................................................................Page 65 W. P. "Billy" Langdale elected member ...................................................................Page 64
TREES GROWN BY GEORGIA FARM PRODUCTS PRODUCERS; ad valorem exemption...................................................................................................................HB 1350
Refer to numerical index for page numbers

2474

JOURNAL OF THE SENATE

TRESPASS, CRIMINAL Offense of Vandalism to a Cemetery or Memorial; punishment ...........................HB 840 Trespass Upon or Damage to Realty; civil actions; limitation period ..................HB 251
TRIAL JUDGES AND SOLICITORS RETIREMENT; Survivor Benefits; payment to a secondary beneficiary ...............................................................................................HB 1096
TRIALS, PRETRIAL PROCEEDINGS Actions for Wrongful Death or Injury; time limitations........................................... SB 84 Civil Trials; juries consist of six persons; amend Constitution............................. SR 200 Continuances; grounds; party presiding as a judge; maximum number.............. SB 299 Death Penalty Cases; applications for appeal; review procedures........................ SB 296 Juries; peremptory challenges in misdemeanor and felony trials......................... SB 114 Jury Panels for Misdemeanor, Felony Trials; peremptory challenges .................. SB 690 Speedy Trial Victim's Rights Act; vehicular homicide and DUI............................. SB 83
TRIPLETT, TOM; elected member of State Transportation Board.........................Page 65
TROUP COUNTY Board of Commissioners; compensation .................................................................HB 1822 Designate; Pearl Harbor Memorial Highway; portion of 1-85..............................HR 1092 Superior Court; judges; salary supplement.............................................................. SB 677 West Point Lake Problems; water level demands; urge federal action................. SR 353
TROUT WATERS Soil Erosion Control Along Banks of Waters, Streams; buffer zones .................HB 1593 Stream Buffer Requirements; variance requests; committee to study ................. SR 644 Wildlife Management; fishing seasons, methods; violations ................................HB 1087
TRUCKS Ad Valorem Taxation of Heavy-duty Equipment Vehicles; procedures...............HB 1324 Highways; maximum length allowed; truck tractors-semitrailers......................... SB 272 Motor Carriers; create Commercial Vehicle Safety Division within Public Safety Department..............................................................................................................SB 553 Municipal Streets; establishment of truck routes................................................... SB 641 Seat Safety Belts in Passenger Vehicles; requirements; exemption...................... SB 591 Speed Restrictions; maximum lawful speeds for six wheel trucks ....................... SB 505 Trucks Using Multi-lane Highways; operate in most right-hand lane................. SB 504
TUCKER, WILLIAM A., 70TH BIRTHDAY; congratulating..................................... SR 795
TURNER COUNTY Designate Official State Peanut Monument; city limits of Ashburn ..................HB 1490 Designate; Ted Hudson Highway............................................................................HR 1095
TURNER, DONNA; commend....................................................................................... SR 714
TURNER, HONORABLE LOYCE W; Senator, District 8; commend....................... SR 666
TURNER, SCOTTY; commend...................................................................................... SR 601
TWIGGS COUNTY Board of Commissioners; compensation, expense..................................................HB 1855 Coroner; compensation; expenses; benefits ............................................................HB 1853 Magistrate Court; chief magistrate; compensation; expenses ..............................HB 1854 Probate Court; judge and employees; compensation; benefits.............................HB 1858 Sheriff and Employees; compensation; travel expenses; overtime ......................HB 1856
Refer to numerical index for page numbers

INDEX

2475

TWIGGS COUNTY (Continued) Superior Court; office of the clerk; expenses; compensation................................HB 1852 Tax Commissioner and Employees; compensation................................................HB 1857
TYRONE, TOWN OF Government Advisory Referendum Election..........................................................HB 1910 Mayor and Council; powers, duties; Code of Ethics; Prohibited Acts.................HB 1684
TYSINGER, JAMES W. (JIM); Senator, 41st District; commend............................. SR 466
U
UAW LOCAL 10 IN DORAVILLE, 50 YEARS SERVICE; commend....................... SR 733
UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)
UNFAIR BUSINESS PRACTICES (See Fair Business Practices or Selling or Commerce)
UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS Repeal........................................................................................................................... SB 402
UNIFORM COMMERCIAL CODE; Investment Securities; issue and issuer; certificates; registration; entitlements; savings clause; rules revision...................................... SB 402
UNINSURED MOTORISTS Insurance Coverage; claims; restrict setoffs..........................................................HB 1240 Insurance Coverage Enforcement; insurer reports; suspend license...................HB 1620 Insurers; bad faith refusal to pay a claim; liability for damages ......................... SB 657 Insurers; coverage of claims against uninsured motorists..................................... SB 436 Restrict Recoverable Damages; subrogation rights of insurers............................. SB 635 Vehicle Registration; prohibit without proof of liability insurance....................... SB 538
UNION CITY; mayor and council; election by plurality vote ................................... SB 393
UNION COUNTY Designate; Glenn Gooch Bypass East of Blairsville ...............................................HR 994 Designate; Roscoe Collins Drive; Blairsville..........................................................HR 1095 Property Conveyance; water and sanitary sewer line easement........................... SR 530
UNION POINT, CITY OF; change corporate limits.................................................HB 1601
UNIONS AND LABOR RELATIONS Electricians, Journeyman Licensing Act; applicant qualifications........................ SB 597 Employee Wage Deductions for Political Purposes; regulate................................. SB 691 Employee Wage Deductions Unlawfully Withheld for Political Purposes............. SB 497 Municipal Police Officer's Compensation; mediation procedures........................... SB 585 Political Contributions; deductions from employee earnings ................................. SB 617 Public Employees Labor Relations Act; collective bargaining............................... SB 668 Public Employees; prohibition against labor strikes, work stoppage..................HB 1373
UNIVERSITY OF GEORGIA Adams, Dr. Michael F.; new UGA President; recognize ......................................... SR 464 Georgia Basketball Lettermen Club, Inc.; commend.............................................. SR 645 UGA Football Team and Coach Jim Donnan; recognizing..................................... SR 610 UGA/Athens-Clarke County Young Democrats Chapter; commend...................... SR 750 Vinson Institute; Georgia General Assembly Training Institute ........................HB 1225
Refer to numerical index for page numbers

2476

JOURNAL OF THE SENATE

UNIVERSITY SYSTEM (Also See Colleges or Education or Regents Board) Academic Recognition Day, University System Scholars; commend..................... SR 787 Board of Regents; assign Georgia Board for Physician Workforce........................ SB 533 Board of Regents; sell or transfer certain works of visual art............................HB 1201 Faculty; criterion in hiring, firing; persons and their rights................................. SB 472 Georgia Education Authority (University); membership; GEA(U) revenue bond projects; accounts; staff........................................................................................... SB 292 Medical Education; teaching hospitals; audit of local funds................................HB 1222 Regents Optional Retirement Plan; payable benefits .............................................HB 943
UPCHURCH, RIMA; commend..................................................................................... SR 603
UPSON COUNTY; Water and Sewerage Authority; creation .................................HB 1876
U.S. GOVERNMENT (See Federal Government or Congress)
USED CARS, DISMANTLERS, SALVAGE Dealers; security interest on vehicles; disclosure to purchasers........................... SB 196 Salvage Vehicles; certificate of title; return of license plate................................HB 1430 Salvaged or Rebuilt Vehicles; designation on certificate of title........................... SB 302 Secured Transactions; default in payment; repossession of vehicle...................... SB 624 Used Motor Vehicle Dealers; notify buyer of prior ownership, uses..................... SB 530 Used Motor Vehicles; sales at temporary locations; prohibitions.......................... SB 692 Used Vehicles Offered for Sale; title and registration requirement....................HB 1683
UTILITIES (See Public Utilities and Transportation)
V
VALDOSTA, CITY OF; expand corporate limits.......................................................HB 1835
VALDOSTA HIGH SCHOOL BOYS BASKETBALL TEAM; commend.................... SR 664
VANDALISM Minors; malicious damage to another's property; parent liability.......................... SB 89 Offense of Vandalism to a Cemetery or Memorial; punishment ...........................HB 840 Vandalism to a Place of Worship Causing Injuries; penalty ................................. SB 226
VENEREAL DISEASES (Also See Health) Chlamydia Screening Tests; females under age 29; insurance coverage............HB 1565
VETERANS AFFAIRS (Also See Military Affairs) Ad Valorem; exemption; vehicles owned by former POW's; referendum............HB 1145 Designate; Pearl Harbor Memorial Highway; portion of I-85..............................HR 1092 Designate; Pete Wheeler Georgia War Veterans Memorial Plaza......................... SR 583 Designate; Pete Wheeler Georgia War Veterans Memorial Plaza.........................HR 996 Designate; Veterans' Memorial Parkway; by-pass around Commerce ................HR 1054 Disabled Veterans; exemption from motor vehicle ad valorem taxes................... SB 489 Fishing Tournaments; free licenses for disabled, paralyzed veterans ................HB 1633 Fishing Tournaments Sponsored by Disabled Veterans; free licenses.................. SB 649 Heart of Georgia Armed Forces Veterans Memorial Intersection; designate in Dodge County ....................................................................................................................HR 1106 Heart of Georgia Armed Forces Veterans; urge designate memorial to............... SR 775 License Plates; special; honoring Veterans of Chosin Reservoir Campaign in North Korea; WWII veterans of Eighth Air Force.......................................................... SB 518
Refer to numerical index for page numbers

INDEX

2477

VETERANS AFFAIRS (Continued) POW/MIA, National League of Families Flag; public display............................... SB 426 Veterans Day, November 11; close public schools to honor veterans ................... SB 519 Veterans' Funerals; National Guard personnel serve as honor guards................ SB 463 Veterans' Homes Administration; revise certain terms..........................................HB 287
VETERANS EXPRESS BUS, INC.; commend ............................................................ SR 665
VETERINARIANS; Report Suspected Animal Cruelty or Animal Fighting............ SB 697
VETOES BY GOVERNOR 1997 Session............................................................................................................... Page 13 1997 Session; line item, appropriations ....................................................................Page 7
VICTIMS OF CRIME Crime Victims Emergency Fund; additional probation supervision fee ............... SB 409 Funeral Expenses; funds for purchase drawn from Crime Victims Compensation Program; exempt sales tax...................................................................................HB 1656 Inmate Parole Considerations; citizen input; electronic call system....................... SB 23 Protective Orders in Criminal Cases; retaliation by street gangs ......................HB 1391 Restitution for Property Damage or Theft by Adult Offenders...........................HB 1165 Victims of a Sex Crime; prohibit offender to reside in proximity......................... SB 375
VIDEO RECORDINGS, MOVIES, VCRS Arrest Warrant Applications, Bond Hearings by Video Conference...................... SB 411 Coin Operated Amusement Machines; redefine regulated machines..................HB 1294
VIETNAM WAR; Urge Grant Citizenship to Hmong and Lao Soldiers Who Served with U.S. Armed Forces ...................................................................................................... SR 474
VITAL RECORDS Birth Certificates; child born out of wedlock; naming of father............................ SB 195 Birth Registration; filing in county in which birth mother resides...................... SB 579
VOCATIONAL STUDENT ORGANIZATIONS Joint Committee to Study Planning for Resources................................................. SR 557 Senate Committee to Study Means of Allocating Resources................................. SR 596
VOTER REGISTRATION AND VOTING Applications for Official Early Ballots; additional voting sites ............................. SB 686 Ballots; electronic voting; optical scanning tabulators; antifraud warning; poll watchers; elector lists; official training...............................................................HB 1268 Elections; designation of official state-wide poll watchers..................................... SB 466 Elections; voting by absentee ballot without giving reason...................................HB 543 Majority Votes Required for Election to Certain Public Offices............................ SB 454 Municipal Election Code; merge provisions into general laws.............................. SB 630 Voter Identification; valid documents; present at polling place .............................. SB 43 Voter Registrars; training; duties; lists; polling places; ballots............................. SB 593 Voter Signatures Required for Nomination of Candidates by Petition................. SB 149 Voting; votes for individual candidate or straight party ticket............................. SB 587
w
WACO, TOWN OF; corporate limits; annex certain territory.................................HB 1851
WADE, EVELYN S.; designate Highway 120, Buchanan to honor............................. SR 48
Refer to numerical index for page numbers

2478

JOURNAL OF THE SENATE

WAGES Employee Deductions for Political Purposes; regulate............................................ SB 691 Employee Deductions Unlawfully Withheld for Political Purposes....................... SB 497 Employee Wage Deductions Withheld for Political Purposes; regulate................ SB 617 Minimum Wages; increase hourly amount with annual adjustments .................. SB 432 Minimum Wages; increase to federal poverty level; annually adjust................... SB 629 Prohibition of Negative Check-off Plans; withholding funds due.......................... SB 450 Public Employees; hours worked overtime; compensation..................................... SB 700 Tortious Injury; claims for special damages; monetary recovery.......................... SB 636 Unclaimed Payroll Checks for More Than One Year; disposition......................... SB 217
WALKER COUNTY Ad Valorem; school taxes; homestead exemption; senior citizens .......................HB 1922 Ad Valorem Taxes; homestead exemption; senior citizens ...................................HB 1920 Designate; William "Billy" Shaw Abney Highway; Highway 193........................HR 1106
WALKER SCHOOL MEN'S SOCCER TEAM; commend........................................... SR 473
WALKER SCHOOL, THE; property conveyance; Cobb County................................HR 935
WALMART FLEET DISPATCH AND DISTRIBUTION CENTER IN DOUGLAS Commend..................................................................................................................... SR 760
WALRAVEN, BILL; purchase abandoned railroad right of way; Gordon County...HR 935
WARE COUNTY Ad Valorem; county taxes; homestead exemption; senior citizens ......................HB 1917 Ad Valorem; school taxes; homestead exemption; senior citizens .......................HB 1916
WAREHOUSE ACT Cotton Warehousing and Marketing Study Committee.......................................... SR 786 Dealers in Agricultural Products; grain dealers; breach of bond........................HB 1211 First Buyer of Cotton; assessments imposed; Boll Weevil Eradication..............HB 1242 Warehouses; electronic warehouse receipts issued for cotton................................ SB 544
WASHINGTON, MRS. HELEN; commend.................................................................. SR 814
WASTE MANAGEMENT (Also See Hazardous Materials or Landfills or Natural Resources) Authorities; local government registration; reporting procedures.......................HB 1557 Environmental Violations; enforcement rights of citizens affected....................... SB 174 Recycled, Chlorine-free Paper Products; state purchasing guidelines .................. SB 255 Recycling and Economic Development Study Committee; create.......................... SR 112 Recycling and Solid Waste Reduction Fund; amend Constitution .......................... SR 56 Recycling, Litter Reduction; beverage container deposit-redemption.................... SB 191 Recycling; solid waste trust fund; scrap tire fees; enumerate uses...................... SR 758 Recycling; state purchasing of recycled content paper; requirement.................... SB 574 Solid Waste; long-term reduction goals; legislative intent....................................... SB 98 Solid Waste Trust Fund; special license plates to promote recycling..................... SB 63 Waste-water Pollution Control Plants; excess phosphorus discharge ................... SB 611 Waste-water Treatment Plants; construction; meeting discharge level................ SB 610 Wastewater Sewer Connection Moratorium; exempt certain publicly funded facilities...................................................................................................................... SB 19 Wastewater Treatment; water quality emergencies; interim manager................. SB 319
Refer to numerical index for page numbers

INDEX

2479

WASTE MANAGEMENT (Continued) Water or Sewer Municipal Systems; authorize contract private firms................. SB 318 Water, Waste Water or Sewage Pipes; blasting or excavating near ...................HB 1098 Waters, Wetlands; pollutant discharge facilities; permit to operate..................... SB 347
WATER RESOURCES, PORTS AND WATERCRAFT (Also See Boats or Natural Resources) Boating; personal watercraft; regulate operation by minors; boat traffic; reportable accidents.................................................................................................................HB 1394 Boating Safety Violations; operating under influence alcohol/drugs...................HB 1393 Boating Safety Zones; designated sounds, lakes, ocean water areas..................HB 1315 Coastal Ground-Water Resources and Upper Floridan Aquifer and Salt-water Intrusion Issues; joint committee to study........................................................... SR 225 Crabbing; commercial fishermen licensing; regulations; violations.....................HB 1444 Drinking Water Regulations; privately-owned public water systems ................... SB 252 Environmental Trust Fund for Reparation of Damages; provide for...................... SR 86 Environmental Violations; enforcement rights of citizens affected....................... SB 174 Fishing Locations; warning sign; owner not liable for injury, death..................HB 1633 Fishing Tournaments; Disabled Veterans; free nonresident license ..................... SB 649 Groundwater; permit to withdraw; application; public interest test.................... SB 414 Land Development; soil erosion control along banks of state waters.................HB 1593 Land, Water, Wildlife, and Recreation Heritage Fund; creation........................... SR 532 Land, Water, Wildlife and Recreation Heritage Fund; creation............................ SB 496 Land, Water, Wildlife and Recreation Heritage Fund; tax proceeds ..................HB 1551 Marine Vessels, Outboard Motors, Charter Boats, Marinas, Dealers; registration, number, title............................................................................................................ SB 515 Metropolitan River Protection Act; comprehensive planning................................. SB 661 Middle Chattahoochee Water Resources Authority; jurisdiction ........................... SB 520 Municipal Water or Sewer Systems; authorize contract private firms................. SB 318 Natural Resources Law Enforcement Officers; conservation rangers................... SB 514 Public Water Systems; violations; imposition of civil penalties............................. SB 486 River Basins; management plans; local advisory committees .............................HB 1592 Salt-water Separation Point; fishing and boating licenses...................................HB 1352 Salt Waters; taking of shrimp; seasons; commercial, noncommercial use of cast nets, seines; allowable limits.........................................................................................HB 1315 State Park Lakes, Lands; regulate certain activities; compliance........................ SB 484 Stream Buffer Requirements; joint committee to study......................................... SR 644 Surface Water; permit to withdraw; counties in the coastal zone ........................ SB 415 Waste-water Pollution Control Plants; excess phosphorus discharge ................... SB 611 Waste-water Treatment Plants; construction; meeting discharge level................ SB 610 Water Pollutant Discharge; history of violations; refusal grounds for use permits ......................................................................................................HB 1432 Water Pollution by Public Waste-water Treatment Facilities; state oversight and private contractor operate until corrected..........................................................HB 1163 Water Pollution Control; sewer connections moratorium; exempt certain publicly funded facilities......................................................................................................... SB 19 Water Protection; watersheds of streams, ground water, river corridors, wetlands, coastal; Heritage Fund tax proceeds..................................................................... SB 496
Refer to numerical index for page numbers

2480

JOURNAL OF THE SENATE

WATER RESOURCES, PORTS AND WATERCRAFT (Continued) Water Quality Emergencies Due to Sewage Treatment; state appoint interim manager to improve operations............................................................................. SB 319 Water Resources Authority; creation; protect rivers from pollution ..................... SR 545 Water Resources; protection; standards; permits, variances................................HB 1592 Water Treatment Purification Technology; urge pilot project................................ SR 478 Water, Waste Water or Sewage Pipes; blasting or excavating near ...................HB 1098 Waters, Wetlands; pollutant discharge facilities; permit to operate ..................... SB 347 Wildlife Management; trout waters; seasons, fishing methods ...........................HB 1087
WATERS, ROMIE; Designate; Romie Waters Highway; Tattnall County ...............HR 812
WAYCROSS, CITY OF; Ad Valorem; homestead exemption; senior citizens.........HB 1918
WAYNE COUNTY Designate; Reddish-Warren Bypass; Wayne County ...............................................HR 741 Surface Water Withdrawal; permits; coastal zone counties................................... SB 415
WEAPONS (See Firearms or Guns or Crimes)
WEAVER, MARGIE; honoring...................................................................................... SR 722
WEBSTER COUNTY Board of Education; election districts.....................................................................HB 1796 Designate; Hugh Alton Carter Bridge over Choctohatchee Creek........................ SR 655
WEBSTER, DANIEL; Speaker of Florida House; introduced, remarks................Page 782
WELFARE (Also See Social Services or Human Resources or Public Assistance) AFDC Benefits; require name child's father on birth certificate.......................... SB 195 Assist Qualified Aliens Under Georgia TANF Program Until 1999..................... SB 531 Economically Disadvantaged Youth; job skills training program............................ SB 68 Medicaid; enrollment of recipients in HMOs; marketing contracts...................... SB 390 Medicaid Fraud; seizure of property; bonds; unintentional errors......................HB 1440 Medicaid; hospital inpatient services; uniform reimbursement rate .................... SB 575 Medicaid, Market Based Reform Act; patient incentives; reduce costs................ SB 260 Medicaid Patients; change prior approval of prescription drugs........................... SB 139 Medicaid; reimburse independent diagnostic radiology services ........................... SB 238 Medicaid; voluntary enrollment in HMOs; personal responsibility and health care incentives; committee to study .............................................................................. SR 371 Public Assistance; child born to unwed mother; enforce father's duty of support; claims of paternity.................................................................................................... SB 58 Public Assistance; teenage recipients; parenting education..................................... SB 41 Recipients of TANF; urge 2-year pilot project to allow develop bank account, establish self-sufficiency without penalty............................................................... SR 49 Social Assistance Register; persons willing to help DFACS recipients ................ SB 267 Welfare and Health Care Reforms; committee to study impact............................ SR 395 Welfare Reform; concerns of Georgia Conference of Black Mayors....................... SR 111
WELLS; Drinking Water; privately-owned public water system; standards ........... SB 252
WEST POINT LAKE WATER PROBLEMS; urge Congressman Bob Banhelp resolve.................................................................................................................. SR 353
WESTERN JUDICIAL CIRCUIT; Superior Court Judges; salary supplement; AthensClarke County and Oconee County.......................................................................... SB 483
Refer to numerical index for page numbers

INDEX

2481

WESTOVER HIGH SCHOOL BOYS BASKETBALL TEAM; congratulating.......... SR 779
WHEELER COUNTY; Telfair-Wheeler Airport Authority Act; create...................HB 1908
WHEELER, PETE Name Georgia War Veterans Memorial Plaza to honor......................................... SR 583 Name Georgia War Veterans Memorial Plaza to honor; Floyd Building..............HR 996
WHITE COUNTY Advisory Referendum on Adoption of Comprehensive Land Use Regulations for Unincorporated Areas...........................................................................................HB 1902 Property Conveyance; resolve encroachment; Sidney and Sherry Shortt............. SR 489
WHITE, OSCAR; commend........................................................................................... SR 835
WHITFIELD COUNTY; Designate; Reverend Charles Walter Hayes Memorial Highway and Bridge................................................................................................................... SR 252
WILDFLOWER PROJECTS Motor Vehicle License Plates; special issuance; fees to fund Roadside Enhancement and Public Rights of Way Beautification.............................................................. SR 559 Special License Plate Sales for Roadside Enhancement and Beautification Projects............................................................................................ SB 337
WILDLIFE (Also See Natural Resources or Game and Fish) Endowment Fund for Conservation, Management, Habitat Acquisition of Wildlife and Fisheries Resources; establish .............................................................................HB 1640 Land, Water, Wildlife, and Recreation Heritage Fund; creation........................... SR 532 Land, Water, Wildlife and Recreation Heritage Fund; creation............................ SB 496 Land, Water, Wildlife and Recreation Heritage Fund; tax proceeds ..................HB 1551 Natural Resources Law Enforcement Officers; conservation rangers................... SB 514 Wildlife Management Areas; permitted hunting; termination procedure............. SB 475
WILKES COUNTY; Designate; Don Saggus, Jr. Memorial Bridge ........................HR 1154
WILKINSON COUNTY; Superior Court; Ocmulgee Judicial Circuit; add judge...... SB 77
WILLIAMS, CHRIS; recognizing.................................................................................. SR 685
WILLIAMS, CHUCK; regrets at the passing.............................................................. SR 829
WILLS, MARK; commend............................................................................................. SR 695
WILLS, TRUSTS AND ESTATES Agents; restrict power of attorney to transfer property ownership ........................HB 55 County Guardians as County Administrators; appointment................................. SB 136 Electronic Records, Signatures; legal authenticity.................................................. SB 433 Equity Cases in Estate and Guardianship Issues; court jurisdiction................... SB 609 Estates; year's support for surviving spouse and minor children......................... SB 395 Guardians of Incapacitated Adults; protection orders; appeals............................. SB 582 Income Tax Exemption; increase amount allowed for estates, trusts.................HB 1162 Inheritance Without a Will; decedent's heirs; spouse's inheritance...................... SB 265 Intestate Insolvent Estates; bankruptcy exemption; contributions....................... SB 479 Living Wills, Durable Power of Attorney or Agency for Health Care.................. SB 478 Power of Attorney; clarify when agent's authority terminates.............................. SB 183 Probate; Pre-1998 Probate Code; The Revised Probate Code of 1998 ................HB 1226 Securities Dealers; split commissions with beneficiary, heir................................... SB 13 Trust Issues Arising in Probate Court Cases; jurisdiction.................................... SB 541
Refer to numerical index for page numbers

2482

JOURNAL OF THE SENATE

WILLS, TRUSTS AND ESTATES (Continued) Uniform Act Simplification of Fiduciary Security Transfers; repeal.................... SB 402 Uniform Commercial Code-Investment Securities; rules revisions....................... SB 402
WILSON, CHARLIE; name railroad bridge to honor; Murray County..................HR 1101
WILSON, GAIL MONTGOMERY; commend .............................................................. SR 599
WINDER, CITY OF; Public Facilities Authority; creation ......................................HB 1768
WINDOWS AND WINDSHIELDS; Motor Vehicles; prohibit affix certain material and glazing.......................................................................................................................... SB 568
WINES AND WINERIES (See Alcoholic Beverages)
WOMEN MARINES ASSOCIATION, DOGWOOD CHAPTER; commend............... SR 582
WOMEN'S ISSUES Abortion; prohibited medical procedure; partial-birth abortion............................. SB 123 Abortion; prohibited medical procedure; partial-birth abortion............................. SB 348 Abortion, Sterilization Procedures; Woman's Right to Know Act.......................... SB 216 Abortion; the female's right to know certain medical facts................................... SB 153 Abortion; Woman's Informed Consent Act............................................................... SB 699 Birth Registration; filing in county in which birth mother resides...................... SB 579 Breast Cancer Patients; postsurgical mastectomy care; insurance....................... SB 431 Georgia Commission on Women; clarify official activities; expenses ....................HB 761 Georgia Conservative Commission on Women; urge creation................................ SR 672 Gestational Surrogacy Contracts; parties claiming parental rights...................... SB 451 Girls and Women in Sports Day; recognizing.......................................................... SR 598 Health Insurance; right to direct access to health care; coverage of newly born or adopted children...................................................................................................... SB 665 Insurance; health coverage for a divorced or surviving spouse............................. SB 320 Insurers; discriminatory acts against victims of violence, abuse.......................... SB 186 Mastectomy Patient Care Act; health insurers required coverage.......................... SB 54 National Council of Negro Women, Inc. (NCNW); commend................................. SR 576 Offense of Feticide by a Pregnant Woman; injury to unborn child ...................... SB 405 Study Committee on Creation of Office of Women's Health Within DHR........... SR 543 Surgical Procedures Including Mastectomies; hospital inpatient care ................. SB 330 Venereal Diseases; chlamydia screening; health insurance coverage .................HB 1565 Women's Health Care Issues Study Committee; create......................................... SR 340 Women's Right to Health Care; insurance coverage for mastectomy surgery, breast reconstruction.......................................................................................................... SB 528
WOODS, MONICA DIONNE; regrets at the passing................................................ SR 573
WOODS, MRS. PAULINE; commend........................................................................... SR 834
WOODSTOCK, CITY OF Designate; Vickie E. Bell Memorial Bridge .............................................................HR 844 Mayor and Councilmembers; terms; add sixth ward and member .....................HB 1900
WOODVILLE, CITY OF; new charter .......................................................................HB 1597
WORKERS' COMPENSATION Appeals of Decisions of State Board After Superior Court Review........................ SB 34 Appeals of State Board Decisions; time periods to affirm..................................... SB 368
Refer to numerical index for page numbers

INDEX

2483

WORKERS' COMPENSATION (Continued) Benefits; compensable injuries; temporary or permanent partial disability; lab tests; change in physician; nonwork injury ..................................................................HB 1327 Civil Actions; Recovery of Damages from Tortious Injury; evidence .................... SB 636 Group Self-insurance Funds; private examiners to verify solvency...................... SB 656 Insurance; premium discounts; drug-free workplace programs............................. SB 155 Medical Service Provider Billing Errors; covered employee injuries.................... SB 384 National Guard Injured on State Active Duty; average weekly wage.................. SB 592 Self-insurers Guaranty Trust Fund; change provisions.......................................HB 1327 Self-insurers Guaranty Trust Fund; trustees; powers; immunity......................... SB 166 Subsequent Injury Trust Fund; impact of ADA on small employers ................... SR 279
WRECKERS (See Towing, Wrecker Services)
WRONGFUL DEATH ACTIONS; Amounts Recovered; surviving spouse's share...........................................................................................................................HB 1693
Y
YEARTA, BILL; commend............................................................................................. SR 517
YOUNG DRIVERS (Also See Minors, Motor Vehicle or Driver's Licenses) Driver Education in Public Schools as a Prescribed Course ................................. SB 588 Driver's Education Study Committee; create............................................................. SR 17 Driver's License; allow apply driving record from another state.......................... SB 492 Driver's License; change certain restriction as to birth date................................ SB 493 Driver's License; eligibility; private or home school enrollment........................... SB 602 Driver's License; persons age 16; meeting eligibility requirements...................... SB 403 Driver's License; persons under age 18; require driver education........................ SB 241 Driver's License; prerequisites; new provisional Class D license............................ SB 17 Driver's License; proof of school enrollment and attendance .................................. SB 38 Driver's License; records from another state; limited permits.............................. SB 503 DUI Violation; drivers under age 18; license suspended 12 months...................... SB 88 DUI; violations; drivers under age 21 .02 grams or more; testing.........................SB 66 Persons Age 16 Licensed by Another State; prerequisite not apply..................... SB 536
YOUTH AND JUNIOR YOUTH ASSEMBLY PROGRAMS OF STATE YMCA Commend.....................................................................................................................SR 781
z
ZONING (Also See Property, Local Government) Annexation; effective date; land use classification objections..............................HB 1603 Annexation of Commercial Property by a Municipality; requirements ................ SB 251 County Boundary Lines; petitions to change; procedures...................................... SB 380 Local Regulation of Land Located Drainage Basins, Stream Corridors............... SB 661 Property Annexed or Deannexed; conditions to change classification.................. SB 600 Property Rezoning; signage on property prior to date of hearing......................... SB 521 Territorial Boundaries; zones, districts; special use permits; final legislative action by a local government.................................................................................................. SB 573 Transfer of Property Development Rights to Hold for Conservation Purposes or Resale; procedures.................................................................................................HB 1540
Refer to numerical index for page numbers