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 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. ( 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 \ 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 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. 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 Str 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 Unld! SCL-Lnjn auu wliu lio- 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 CllIfl.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 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, 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 ^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